The professional responsibility of lawyers: emotional competence, multiculturalism and ethics

Traditional legal education and the Socratic method it utilises are by and large successful at training lawyers to think, reason and analyse. The cultivation of lawyers' intrapersonal and interpersonal skills, however, has been, at best, neglected by the profession. All lawyers, like all human beings, are emotional. Emotions affect who they are and how they practise law, whether or not they are conscious of them. As emotions cannot be removed from the practice of law, it is essential that lawyers learn to understand and manage their emotions, as well as learn to be attuned to their clients' emotional lives. Ignorance of concepts such as countertransference, denial and unconscious bias adversely impact the lawyer-client relationship. Lawyers who understand basic psychological principles and behaviours, who are aware of their own psychological makeup, understand their cultural perspective and recognise and credit their clients' differences, will enhance their effectiveness as counsellors. The client whose lawyer has these competencies will enjoy a therapeutically superior counselling or representational experience. The neglect of either the lawyer's or the client's emotional life threatens to sabotage the lawyer's ability, and thus professional responsibility, to render competent and impartial legal advice. Through drawing parallels to the training and practice in other counselling disciplines and relationships, this article argues that psychological-mindedness and multicultural competence are essential elements of ethically responsible legal representation.     

Equal investments,different rewards: gender inequalities among Israeli lawyers

purpose of this paper is to examine empirically whether women in the legal profession in Israel experience discrimination in terms of earnings and career opportunities. The contribution of this study is threefold. On the theoretical level, we added psychological capital and career expectations to the commonly used variables. Second, we focused on an immigrant country in transition towards Westernization that presents an interesting mix of legal equality and traditional family values. Third, our analyses are based on a national mail survey of full-time lawyers in Israel.

The findings of this study show that male lawyers are rewarded better than female lawyers for the number of hours worked per week as well as for their married status. We also found that female lawyers who expected more regarding economic reward earn less, while no relationship was found for male lawyers. Furthermore, the likelihood to attain partnership is much lower for female than for male lawyers after controlling for all relevant variables. The results indicate existence of discrimination.     

Education as a component of law enforcement professionalism: the concept and its measurement

The. lack of empirical studies of education as a structural variable. within theoretical modelt, of professionalization was disucssed. Also, a scale. designed to measure. education, as a camponent of the. concept of low enforcement as a. profoession was developed. lnterpreted as valid and reliable, the scale. was employed in a survey of North Carolina law enforcement personnel. Although it was concluded that many law enforcement personnel did not identify education as an element of the concept of law enforcement as a profassion, a minority strongly endorsed education. Law enforcement. personnekl overwhelmingly phefered criminal justice. curricula over those. of other disciplines, and many anticipated participation in criminal justice educational programs. It was concluded the conceptualization of education as, a component of law enforcement as a profession was, emerging. However, such conceptualieation was not felt to be pervasive within the law enforcement community.     

The possible forms of professionalism: credibility and the performance of queer sexualities among barristers in England and Wales

This article constitutes the first account of sexual minority barristers’ experience of and relation to professionalism at the Bar. Drawing on survey and interview data, it presents the Bar as a site of heteronormativity, where masculinist heterosexuality is pervasively assumed and publicly valorized. The ‘credible’ barrister – authoritative, respected, competent – is constructed as heterosexual. In this context, sexual minority barristers risk a loss of credibility in coming out or being out in the workplace. Our data presents mechanisms by which these individuals manage the public expression of their sexuality. Some – in contrast to heterosexual colleagues – deny entirely the professional relevance of their sexuality. Others adopt assimilationist strategies, curating a ‘credible’ public persona: out, but otherwise conforming to heteronormative expectations and values. While the data includes exceptions that give cause for hope, many sexual minority barristers experience professionalism as pressure to render their sexuality effectively invisible, at significant cost personally and professionally.     

Psychiatric disorder,IQ, and emotional intelligence among adolescent detainees: A comparative study

Objectives. To document criminality, psychiatric difficulty, IQ, EQ, and EI amongst Irish, male juvenile detainees (Detainee Group). To compare their IQ, EQ, and EI to non‐offending boys attending a child psychiatry clinic (Psychiatric Group) and boys without offending or psychiatric problems (Community Group). To compare psychiatric morbidity between the detainee and psychiatric groups. Method. Criminality levels of 30 detainees were evaluated using official court charge sheets. Psychiatric status was assessed through structured clinical interview (DISC‐IV); IQ through an individually administered IQ‐scale (WASI); EQ using the BarOn EQi:Youth Version (EQi:YV); and EI using the MSCEIT: Youth Version – Research Edition (MSCEIT:YV‐RE). IQ, EQ, and EI levels in the psychiatric and community groups were compared. Psychiatric morbidity between detainee and psychiatric groups were compared. Results. A total of 335 crimes led to the detention of detainees. Eighty‐three percent of detainees had a psychiatric disorder compared to 60% of young people in the psychiatric group. Detainees had 3.1 disorders each compared to 1.4 disorders in the psychiatric group. A total of 63.3% of detainees had an externalizing problem, 37.9% an internalizing problem, and 66.7% a substance dependency or use problem. A total of 21.4% of detainees had an IQ score below 70. The detainee and psychiatric groups had similar deficits in EI and significantly lower EI than the community groups. Conclusions. Serious levels of criminality and psychiatric disorder exist amongst Irish detainees. They have significantly lower IQ than young people attending a psychiatry clinic and both share deficits in the ability to accurately identify emotions, use emotions to guide thought processes and to prioritize thinking and to effectively regulate emotions.     

Migration as family strategy: Rural-urban labor migration in India during the twentieth century

"The article analyzes the role of families in processes of rural-urban migration in India in the twentieth century. It shows that the continuous circular form of this migration should be explained as a consequence of rural family strategies. Already established kinship relations or marriage opportunities in the future act as a centripetal force, drawing the labor migrants back to their communities time and again. In addition, the article shows how labor migration is informed by economic and cultural considerations which determine the socioeconomic behavior of men and women."     

Maintaining the Legal Status of People with Intellectual Disabilities as Parents: The ADA and the CRPD

People with intellectual disabilities face proceedings to terminate their parental rights with disturbing regularity, with protecting the interests of offspring the primary justification. Although protecting children from harm is surely critical, these termination proceedings involve problematic assumptions about how fitness to parent is understood, how parenting is legally constructed, and what nondiscrimination requires for parents with intellectual disabilities. Using Article 12 of the Convention on the Rights of Persons with Disabilities as a model, it suggests two alternatives to the all‐or‐nothing termination processes in place today that might better realize the enjoyment of legal capacity as parents on an equal basis with others for people with intellectual disabilities: limited terminations analogous to limited guardianships and supported parenting along the lines of supported decision making proposed in the CRPD.     

Networks as strategic repertoires: Functional differentiation among Al-Shabaab terror cells

This article explains variation across the characteristics and structure of Al-Shabaab (AS) networks as a function of strategic repertoires. From a comparison of domestic and transnational AS recruitment and fundraising networks in the United States, the article generates hypotheses about the characteristics and structure of networks and how traits such as brokers, centrality characteristics of nodes, international linkages and use of funds are related to a network's purpose. The implications of these observations are twofold: The nature of a terror organisation's network is indicative of the organisation's strategy; conversely, the organisation's strategy will affect the nature of the network. On the one hand, knowing the function of the network makes it possible to counter it by detecting and debilitating the nodes. On the other hand, knowing the structure of a network makes it possible to surmise its purpose. The article concludes that, from a network perspective, terrorist recruitment and fundraising are distinct problems that require differentiated law-enforcement and security-intelligence approaches.     

Sexual deviance among male college students: prior deviance as an explanation

Much research on sexual deviance on university and college campuses is limited by its narrow focus on group affiliation and leads to much speculation and conjecture. This article suggests that an alternative explanation is more suitable for explaining such an important and complex problem on college campuses. It argues that prior deviance serves as a more robust predictor variable of sexual deviance. Logistic regression analyses indicate a direct relationship between prior deviance and sexual deviance. The results lend support to the argument that group affiliation is not a suitable explanation for such a complex societal problem-sexual deviance. Limitations of the study and directions for future research on sexual deviance are discussed.     

Poly-Victimization as a Life Condition: Correlates of Poly-Victimization among Finnish Children

According to criminological literature, victimization tends to cluster among the same adolescents. Recent American studies have shown that the poly-victimized youth are different in terms of their whole victimization profile than those children with fewer or no victimization experiences. In this article poly-victimization is studied among Finnish sixth and ninth graders (n = 13,459) based on the Finnish Child Victim Survey 2008. The article will answer questions with regard to accumulation of victimization and its associations with children's psycho-social well-being. The study examines the individual and family level background characteristics which are related to poly-victimization. The accumulations of these risk factors are analysed with poly-victimized children compared with less or non-victimized children. According to the analysis, poly-victimization exists among Finnish children and adolescents. In addition, the characteristics indicated as risk factors of victimization seem to accumulate among poly-victims. With cross-sectional data, no causal conclusions can be made, but poly-victimization is related to higher levels of psycho-social problems. The results confirm earlier findings of poly-victimization as a life condition.     

Free and unfree labor in Qing China: Emigration and escape among the bannermen of northeast China, 1789–1909

Though internal migration in China during the Qing era (1644–1911) was mostly unrestricted, the government tightly controlled the movement of peasants who worked state lands in frontier regions and certain other locations. Such peasants accounted for 5–10% of China's population. In the state farms of northeast China, households could move legally only from one place to another within the system. Departure from the system was illegal. In this article, one of the first quantitative studies of migration in late imperial China, we apply discrete-time event-history methods to longitudinal, nominative household register data from six northeast Chinese state farm systems to compare how characteristics of the farm system, village, and household influenced the chances of legal moves and illegal departures. We show that among these state peasants, who were supposedly “unfree,” migration was not uncommon. We also show that the determinants of legal and illegal migration differed substantially. We conclude with a discussion of the implications of these findings for our understanding of migration processes in late imperial China.     

Offenders as victims: post-traumatic stress disorder and substance use disorder among male prisoners

Background: Comorbid substance use disorder(s) and post-traumatic stress disorder (SUD-PTSD) is common among prisoners and linked to an increased risk of criminal recidivism; however, little is known about the characteristics of prisoners with this comorbidity. Aim: This study provides a preliminary examination of the clinical and criminal profile of male inmates with symptoms of SUD-PTSD, and examines whether this profile differs according to whether a person has experienced a trauma while in prison. Methods: Thirty male inmates from two correctional centres in Sydney, Australia, were recruited and assessed using a structured interview. Results: The sample reported extensive criminal, substance use and trauma histories. A history of substance dependence was almost universal (90%) and 56.7% met diagnostic criteria for PTSD with the remainder experiencing sub-threshold symptoms. Forty-three per cent reported a traumatic event while in prison. Those who had experienced trauma in prison, compared to those who had not, were more likely to nominate heroin as their main drug of concern and to be receiving drug treatment in prison. There was also a trend toward inmates who had experienced a trauma in prison being more likely than inmates who had no prison trauma to have experienced a physical assault. Conclusion: Male prisoners with SUD-PTSD are a high-needs group yet treatment responses are poor. Further research examining treatment options for this comorbidity may improve prisoner well-being and reduce recidivism.     

Observations from practice: support group membership as a process of social capital formation among female survivors of domestic violence

This article explores the authors' practice observations of female domestic violence survivors' journey from first agency contact to active participation in a support group process. The authors have witnessed female victims of domestic violence challenging the social isolation imposed by their dominant partners as they search for meaning in their lives. As practitioners, they have observed women building trustful relationships and establishing supportive networks during the group process. In this article, the authors suggest that the support group process facilitates trust and network formation indicative of social capital.     

Scale 8 Elevations on the MMPI-2 among Women Survivors of Childhood Sexual Abuse: Evaluating Posttraumatic Stress, Depression, and Dissociation as Predictors

This paper investigated elevations on Scale 8 of the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) in women survivors of childhood sexual abuse (CSA) in order to assess whether symptoms of posttraumatic stress disorder, depression, or dissociation account for such elevations. Participants were 73 women seeking outpatient treatment for CSA after-effects at a university-based community mental health center. A stepwise multiple regression analysis was conducted, including measures of commonly reported symptoms in CSA survivors: depression, posttraumatic stress, and dissociation. Regression analyses revealed that the Beck Depression Inventory (BDI) and Dissociative Experiences Scale (DES) accounted for the most variance in Scale 8 scores (59%), with the BDI as the best predictor. The Impact of Event Scale (IES) did not predict Scale 8 scores significantly above that achieved by the model above. Cross-validation results indicated good generalizability. Results suggest that depression and dissociation contribute most to scores on Scale 8. Implications of these findings for the clinical and empirical use of the MMPI-2 with CSA survivors are discussed.     

Friends,Cognition, and Delinquency: Proactive and Reactive Criminal Thinking as Mediators of the Peer Influence and Peer Selection Effects among Male Delinquents

The purpose of this study was to determine whether criminal thinking underpins peer influence and selection. It was predicted that proactive criminal thinking would mediate the peer influence effect (peers?→?offending) and reactive criminal thinking would mediate the peer selection effect (offending?→?peers). Participants were 1,170 male delinquent youth from the Pathways to Desistance study. The Moral Disengagement scale (proactive criminal thinking) and Peer Delinquent Behavior scale (peer delinquency) were cross-lagged to predict criminal offending, and the Weinberger Impulse Control scale (reactive criminal thinking) and criminal offending were cross-lagged to predict peer delinquency. Consistent with predictions, proactive but not reactive criminal thinking successfully mediated the peer?→?offending relationship and reactive but not proactive criminal thinking successfully mediated the offending?→?peer relationship. Whereas delinquent peer associations appear to promote proactive criminal thinking and peer influence, early criminal offending appears to promote reactive criminal thinking and peer selection.