The true servant: Self-definition of male domestics in an Italian city (Bologna, 17th–19th centuries)

Some historians have classed as servants only people living with their masters; some have excluded farm servants; some have included married domestics living with their own families. The archive of the Bolognese Confraternity of San Vitale, also known as Università dei Servitori, is analyzed in this article to show how one group of servants defined a “true” servant. Their solution was to exclude from their association people who performed what they deemed “filthy” tasks. They also excluded women, giving us a particular insight in the history of gender and masculinity. In their view, the “true” servants were bourgeois (and locally born) men rather than lower class (migrant) women who are often identified as the stereotypical servants. Moreover, most members of the association were married, they had their own families in Bologna and did not always live with their masters. This makes possible the analysis of married male servants living with their own families, a category of servant that has received less attention than life-cycle servants.     

Reputations and corporate malfeasance: collusive networks in financial statement fraud

The prevailing theory used by economists to explain why more corporations do not engage in fraud focuses on the role of board members, auditors and banks in controlling corporate conduct and the “reputational penalties” that may be imposed on them if they fail to do so. In this view, beyond the formal sanctions imposed by criminal justice and regulatory agencies, these “control agents” are subject to extra-legal consequences for misconduct or failure to perform their duties in which their reputations for honesty and integrity are diminished and thus their value in the marketplace for their services declines. The “reputational penalty” theory has been challenged by recent work that asserts that these entities, far from controlling the behavior of corporate insiders, may form networks of “reputational intermediaries” who collude with corporate executives to give legitimacy to their illegal schemes. In this paper, empirical support for the latter view is provided through an analysis of a sample of 374 publicly traded firms that announced financial restatements between 1997 and 2002 and which were accused of securities fraud. The analysis shows that these schemes involved large numbers of board members, auditors, and bankers who aided and abetted senior managers in their attempts to deceive investors. These findings point to broader issues concerning: (1) the changing nature of corporate power; (2) the strengths of collusive networks; and (3) current policy debates regarding attempts to exert more regulatory control over corporate behavior.     

Violence Prevention and Targeting the Elusive Gang Member

Who do violence preventers target to achieve violence prevention? This fundamental question of selection is typically associated with law enforcement, yet gang labeling is critical in another context: nonprofit violence prevention. Eighteen months of fieldwork in a gang outreach organization find that (a) workers operationalize gang violence prevention as social service provision, but (b) services are only offered to those deemed “ready” for life changes. Readiness is an unwritten eligibility criteria leveraged as a rhetorical tool to focus recruitment on clients who demonstrate complicity. It is reaffirmed through external pressures to document program effectiveness; organizational‐level concerns for efficient resource allocation; the subpopulation of clients who actually want services; and workers’ own fears of “getting played”—losing face from free‐riding clients interested in street worker perks, but not formal services. While core gang members may be most at‐risk, their very centrality may deter, rather than justify, providing them services.     

《民法典》夫妻债务条款的不足与应对

《民法典》第1064条关于夫妻债务的条款源于《最高人民法院关于审理涉及夫妻债务纠纷案件适用法律有关问题的解释》,该条款原来只针对夫妻对外关系,上升为法律条文后同时适用于夫妻对内和对外关系,即“内外同一”模式。由于债权人不易了解夫妻内部情况,这种做法较易损害债权人利益,对此可以通过适当放宽债权人举证责任和强化法院职权探知予以应对。该条文从司法解释上升为法律条文时与第1089条的衔接不够顺畅,遗漏了夫妻中举债一方的举证责任,应予补充。在内容上,该条第1款和第2款都出现“共同意思表示”,鉴于该条款的法理基础是《最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释(一)》第17条,建议将第1款的“共同意思表示”解释为签订合同的民事法律行为,将第2款的“共同意思表示”解释为表见代理。此外,条文中的夫妻“共同生产经营”的含义具有不确定性,建议对其进行目的性扩张解释。     

The Characteristics of Relapsed Drug Users in Contemporary Urban China

The present study is aimed at exploring the characteristics of Chinese relapsed drug users associated with their treatment experience in police mandatory treatment centers. The exploration is based on a comparison of Chinese drug users who received the police mandatory treatment for multiple times (the “relapse” group) with those who had the treatment for the first time (the “first-time” group). The comparative analysis is conducted using data collected from a 2009 survey of 177 drug users in several police mandatory treatment centers in a large city of China. The data indicate that both the “relapse” and the “first-time” groups have similar demographic characteristics except age. However, respondents in the “relapse” group were more likely to be heroin users, have a high level of drug dependence, have prior treatment, experience a high level of mental disorder, and have drug-use friends than those in the “first-time” group. The findings imply that relapse among Chinese drug users are likely to have multiple factors which is comparable to that discovered in Western research.     

Parental Involvement in Juvenile Sex Offender Treatment: Requiring a Role as Informed Supervisor

Sex offenses, particularly those against children, have always been viewed negatively in society. A large portion of these offenses are committed by children against children. Most state legislatures focus on punitive measures when dealing with juvenile sex offenses, yet few place treatment on equal ground. Treatment has been shown to be effective in reducing the rate of recidivism of juvenile sex offenders. Juvenile sex offenders that participate in treatment have shown lower recidivism rates than adult offenders or untreated juvenile sex offenders. This Note advocates that states adopt legislation based on a successful statute in Colorado that creates a sex offender management board consisting of a multidisciplinary treatment team for juvenile sex offenders' treatment while requiring parental involvement in treatment as “informed supervisors” when the team deems it appropriate.

Key Points for the Family Court Community:
• Sex offender treatment on juveniles has been successful in reducing recidivism, as juveniles are more receptive to treatment than adults.
• Supervision and treatment of juvenile sex offenders would be more effective if parents or guardians are involved in the juvenile's sex offender treatment.
• States should adopt legislation based on the Colorado model that creates a sex offender management board and multidisciplinary team to supervise the treatment of juvenile sex offenders and requires appropriate parental involvement in the treatment as “informed supervisors”.

     

If Brain Scans Really Detected Deception,Who Would Volunteer to be Scanned?

Abstract: Recent neuroimaging studies investigating the neural correlates of deception among healthy people, have raised the possibility that such methods may eventually be applied during legal proceedings. Were this so, who would volunteer to be scanned? We report a “natural experiment” casting some light upon this question. Following broadcast of a television series describing our team’s investigative neuroimaging of deception in 2007, we received unsolicited (public) correspondence for 12 months. Using a customized template to examine this material, three independent assessors unanimously rated 30 of an initial 56 communications as unequivocally constituting requests for a “scan” (to demonstrate their author’s “innocence”). Compared with the rest, these index communications were more likely to originate from incarcerated males, who were also more likely to engage in further correspondence. Hence, in conclusion, if neuroimaging were to become an acceptable means of demonstrating innocence then incarcerated males may well constitute those volunteering for such investigation.     

Speak About It,Be About It: Spoken-Word Poetry Communities and Transformative Social Justice

“Spoken-word poetry” and the knowledge we can gain from the poets who perform it are integral to the successful recovery of members of oppressed communities. Also known as “performance poetry,” these powerful testimonials often mirror oral traditions, such as speaking circles from the African diaspora, Indigenous oral traditions in the Americas, and the spoken-word poetic communities of color and marginalized peoples. Poets within the spoken-word poetry communities of San Diego, California, who have been oppressed by interpersonal and state violence, mass incarceration, militarized policing, poverty, racism, sexism, the War on Drugs, and other systemic inequalities, learn from and support one another. This article views spoken-word poetry as public testimonials that may add to transformative social justice models for structurally-oppressed communities. It seeks to understand critical criminological approaches and analysis that add to the growing scholarship centering structurally-oppressed communities without pathologizing them in order to inform programming, policy and funding toward transformative social justice initiatives focused on healing communities and their members.

     

“BACK-END SENTENCING” AND REIMPRISONMENT: INDIVIDUAL,ORGANIZATIONAL, AND COMMUNITY PREDICTORS OF PAROLE SANCTIONING DECISIONS*

An understudied contributor to the massive growth of American incarceration is an increase in the practice of reimprisoning parolees through parole board revocations—now referred to as “back-end sentencing.” To conduct the analyses outlined in this article, we use data from the California Parole Study to analyze the effects of three clusters of factors (parolees' characteristics, organizational pressures, and community conditions) on these sentences. Our analyses are informed by theories that have been used to explain “front-end” (court) sentences, which center on the focal concerns of social-control agents, labeling, and racial threat. Our results indicate that status characteristics—race/ethnicity and gender—affect the likelihood that criminal parole violators are reimprisoned. Moreover, certain “pivotal categories” of parolees—registered sex offenders and those who have committed “serious” or “violent” offenses—are much more likely to be returned to prison than others. Organizational pressure (prison crowding) also affects the likelihood of reimprisonment. Communities' political punitiveness affects the likelihood that technical violators are reimprisoned and that serious or violent offenders are reimprisoned for criminal violations. In this article, we use these findings to consider ways that mass incarceration is driven by both top-down policies as well as bottom-up organizational and community forces.     

Congressional Frequent Flyers: Demand‐ and Supply‐Side Explanations for Privately Sponsored Travel

Privately sponsored congressional travel raises questions about the influence of interest groups on lawmakers and about legislative behavior. I used multiple regression to explain variation in congressional travel, looking at 15,825 trips, both domestic and overseas, taken by House and Senate members and their staff between 2001 and 2004. I found that both supply‐side and demand‐side factors influence congressional travel. Electoral vulnerability corresponds with reduced trip‐taking, and institutional power is associated with greater trip‐taking, although not to the extent that rent‐seeking theory might predict. Members' racial or ethnic minority status also corresponds with greater trip‐taking in the House. Pending retirement also influences trip‐taking, but in the opposite direction from what some “shirking” theories would predict.     

Youth Resilience: Can Schools Enhance Youth Factors for Hope,Optimism, and Success?

Resilience research requires attention to the factors that promote youth development and success. Youth success is associated with youth having adults in their lives who care about them and set high expectations for them to succeed; oftentimes these adults are presumed to be the children's parents. Because youth spend a great deal of time in schools, school settings may be a place where youth resilience can be fostered. In 2004, 6th-grade youth in 5 schools in Maricopa County, Arizona, were surveyed to determine if they had factors to promote their resilience. In these schools, teachers had been trained by an agency called Kids at Hope. Kids at Hope presupposes that “all children are capable of success, no exceptions” and offers an alternative paradigm to kids at risk. The results of this research show that youth who believe that they are successful and who are optimistic about themselves and their schools are more likely to find their schools to be places where they can be successful and optimistic.     

IS BEING “SPIRITUAL” ENOUGH WITHOUT BEING RELIGIOUS? A STUDY OF VIOLENT AND PROPERTY CRIMES AMONG EMERGING ADULTS

Although prior research has had a tendency to confirm a negative association between religiousness and crime, criminologists have been slow to incorporate new concepts and emergent issues from the scientific study of religion into their own research. The self‐identity phrase “spiritual but not religious” is one of them, which has been increasingly used by individuals who claim to be “spiritual” but disassociate themselves from organized religion. This study first examines differences in crime between “spiritual‐but‐not‐religious” individuals and their “religious‐and‐spiritual,” “religious‐but‐not‐spiritual,” and “neither‐religious‐nor‐spiritual” peers in emerging adulthood. Specifically, we hypothesize that the spiritual‐but‐not‐religious young adults are more prone to crime than their “religious” counterparts, while expecting them to be different from the “neither” group without specifying whether they are more or less crime prone. Second, the expected group differences in crime are hypothesized to be explained by the microcriminological theories of self‐control, social bonding, and general strain. Latent‐variable structural equation models were estimated separately for violent and property crimes using the third wave of the National Longitudinal Study of Adolescent Health. The overall results tend to provide a partial support for the hypotheses. Implications for criminology and future research are discussed.     

A Bridge Too Far? Examining Bridging Assumptions in Common-Space Estimations

While most common-space estimations rely upon members who served in both the House and Senate as “bridges” to scale the remaining members, this assumes that these “bridge members” do not change their preferences when they change chambers. Such an assumption conflicts with standard notions of representation, that is, that legislators’ votes reflect (at least to some degree) the wishes of their constituents. We examine the constancy of this common-space voting assumption by focusing on a subset of House members who move to the Senate: those who come from statewide House districts. Using these members as the bridge actors—and thus bridging by constituency explicitly—in a one-dimensional item response theory model, we find that the standard assumption of chamber switchers in common-space estimations is technically, but immaterially, false. While there are statistically distinguishable differences in House and Senate voting records for chamber switchers, they are not sufficiently large to meaningfully undermine bridging.     

Warning behaviors and leaked intent: Potential new avenues to prevent mass shootings

On March 12, 2018, John Laubscher, owner of AJ’s Archery in Nelson, NY, had a gut feeling and refused to sell a rifle to a Syracuse University student—disrupting a mass shooting ( https://www.syracuse.com/crime/2018/04/how_gun_shop_owner_thwarted_on_the_edge_su_student_from_buying_high-capacity_rif.html . Accessed 10 Nov 2021). Prompted by this, we surveyed the opinions, beliefs, attitudes, and current practices of gun sellers in Onondaga County, NY, in regard to safe gun sales. The primary outcome was to determine which types of “concerning behaviors” are more likely to cause a seller to intervene in some manner. Secondary outcomes included the following: ascertaining the frequency of denials of customer purchases, frequency of reporting to law enforcement, and identifying any gaps that make it difficult for gun sellers to report behaviors to the authorities. Follow-up interviews were conducted with those who were willing to speak with the authors in more depth. A response rate of 12.9% was achieved. Sixty-two percent (62.5%) of respondents had some experience in uniformed services, with specialized training in mental or emotional crises, as well as deception detection. The majority found the training helpful in their gun selling career. Reasons for personal denials were reported as: “interest in illegal fittings,” “information revealed during conversation,” and “lack of basic knowledge of using the firearm looking to purchase.” Two respondents stated that due to a lack of a “reporting protocol,” they would not report any concerns to law enforcement. The study helps inform future research in regard to surveying more sellers across NY state and nationwide.     

Assessing the risk of recidivism in physicians with histories of sexual misconduct

Physicians who engage in sexual conduct with patients usually cause serious harm and have a high rate of recidivism. Although offending physicians may lose their privilege to practice, they have the right to appeal for restoration of the license. Yet medical licensing board members do not currently have any clear standards by which to predict whether a given physician is likely to abuse again. Using New York as a paradigm, this paper offers practical, clinically based guidelines for assessing the risk of restoring an offending physician's license. These guidelines are derived from psychoanalytic theories of character, the insights of therapists who have worked with abusive physicians, and the psychiatric model of assessing dangerousness. Recognizing character patterns and psychological vulnerabilities of physicians with histories of sexual misconduct will help board members identify those who are at high risk of abusing again if their licenses are restored.     

TENUOUS BORDERS: GIRLS TRANSFERRED TO ADULT COURT*

There are tremendous gaps in our theories and knowledge about girls who have committed crimes deemed so serious as to justify adult sentencing. This study is guided by a feminist approach to “give voice” to 22 girls incarcerated in a women's prison in the Midwest. Through in‐depth interviews, the girls describe their lives before prison and their perceptions of being tried and convicted as adults. Consistent with other research on female offenders, these girls reported lives fraught with violence and victimization, sexism, racism, and economic marginalization. This study calls for a more careful and complex look at issues of victimization, agency, and responsibility among female offenders, particularly those proclaimed “adults” by the legal system.     

Is There Touch in the Game of Twister®? The Effects of Innocuous Touch and Suggestive Questions on Children's Eyewitness Memory

Preschool children (ages 48–70 months, N = 48) experienced 2 to-be-remembered events (i.e., the games Twister^® and Shapes) that included either innocuous bodily touch or no touch. Participants were interviewed 7 days later and asked direct (“Did Amy kiss you?”) or suggestive “tag” questions (“Amy kissed you, didn't she?”) equated for content. Results indicated that children who were innocuously touched were no more likely to falsely assent to “abuse-related” touch questions (e.g., “Amy touched your bottom, didn't she?”) than were children who were not touched. However, children who were asked tag questions responded at chance levels, thereby making high errors of commission in response to abuse-touch questions relative to their no-tag counterparts who responded to “abuse questions” accurately 93% of the time. Children who were asked tag questions assented at a higher rate to general forensic questions (“Amy took your picture, didn't she?”) than did children asked direct questions, and children assented at higher rates to “abuse-touch” questions than to general forensic questions. Results are discussed in terms of prior research on interviewing techniques and adult influence on children's testimony.     

It's not the old ball game: Three Strikes and the courtroom workgroup

In 1994 California enacted legislation commonly known as “Three Strikes.” According to the conventional wisdom concerning the effect of “get tough” sentencing enhancements, the most draconian provisions are undermined by prosecutors, judges, and defense attorneys, who resist the changes in the “normal” way of doing business. The research reported here uses data derived from interviews and surveys of courtroom members, and finds that Three Strikes has significantly disrupted the efficiency of the workgroup and has made the prediction of case outcomes difficult.