Spatial justice and criminal victimization

Spatial variation in crime rates generally has been attributed to differences in culture, economic status, and the social organization of communities. Rarely have policies and practices of criminal justice professionals been examined as causes of this variation. If these policies and practices do place citizens at a higher risk of victimization, a sense of fairness requires that all communities in a region share equally in this increase. This article examines the spatial justice resulting from sentencing practices in Pennsylvania. It demonstrates that certain locations in Philadelphia bear an unequal burden because of these practices. The relatively high crime rates of these areas are due partly to decisions made by criminal justice professionals.     

CIVIC COMMUNITY IN THE HINTERLAND: TOWARD A THEORY OF RURAL SOCIAL STRUCTURE AND VIOLENCE*

Drawing on the civic community literature, this article explicates a theoretical model to explain variation in rates of violence across rural communities. It is hypothesized that rural communities with a stable population base that is locally invested, a vibrant participatory civic culture with a well‐developed noneconomic institutional base, and a robust economically independent middle class will have lower rates of violent crime. Results from the analysis of data for more than 1,000 rural counties reveal that the 11 variables used to operationalize the theory are empirically distinguishable from indicators of resource disadvantage and form three well‐defined indices: a residential stability/local investment factor, a local capitalism/independent middle class factor, and a civic engagement factor. Negative binomial regression models confirm that violent crime rates are generally much lower in communities that score high on these dimensions. Implications of these findings for future macrolevel criminological research are discussed.     

Our Seat at the Table: Mentorship,Advocacy, & Youth Leadership in Qualitative Research

This commentary discusses strategies and models for engaging diverse community partnerships through the Youth of Color Needs Assessment, a community-based participatory research project that elevates the voices and experiences of homeless and unstably housed youth of color in King County, Washington. Building upon the lens and expertise of a young Community Advocate thrust into research, it explores the strengths of youth of color leadership and best practices for trauma-informed, relational support for youth leaders and focus group participants alike. These insights offer a youth-centered model for the field grounded in engagement, sustainability, and ethics for research within and for communities at the margins.     

Developing a Public Interest Mandate for the Governance and Use of Administrative Data in the United Kingdom

This article addresses the legal and ethical uncertainties surrounding the use of administrative data for research. Drawing upon best practices developed by the authors in previous data initiatives and engagement with research communities, the article suggests a problematic organizational culture as the most significant barrier to proportionate and good governance of administrative data. Accordingly, it offers a novel means for data custodians to identify key considerations by introducing a decision‐making template that supports public authorities' assessment of preparedness for data reuse through identification of challenges faced, related to sector‐specific practices. As a catalyst for change, the authors advocate a public interest mandate – commitment to safely and ethically use administrative data when it is in the public interest to do so. This is delivered through implementation of the decision‐making template, overt commitment to principles of public interest and proportionality, and engagement with stakeholders to address remaining areas of uncertainty.     

Are ethics promulgations self-defeating?

Alan Wertheimer argues that promulgating some ethical standards of international clinical research may be self-defeating: the intended purpose of these standards is to promote the interests of subjects and communities in LMICs, while the outcome of promulgation could be to undermine these very same interests. If enforced, such standards would increase the costs of performing beneficial research in LMICs, potentially diverting opportunities to participate in this research away from those who have no other access to the care participation allows. I argue that these standards are really intended as deontological constraints protecting subjects from being exploited by research sponsors. First, I show that Wertheimer begs the question against this deontological interpretation of ethics promulgations, rejecting it on non-deontological grounds. I go on to show that non-exploitation is an important goal on its own, sometimes independent from—and sometimes even outweighing—the goal of promoting the interests of subjects and communities in LMICs. I conclude by suggesting that those who criticize the promulgation of non-exploitation on the grounds that exploitative practices help those badly off might do best to reconsider the background assumption that sponsors in wealthier countries have no pre-existing obligation to promote the interests of the world''s poor.     

The Embedded Nature of Rural Legal Services: Sustaining Service Provision in Wales

There is a considerable amount of literature on embeddedness as part of sociological theory of economic action. Cultural and structural embeddedness often work together to shape the framework of economic relations, but, in an analysis of rural solicitors, we find unevenness between cultural and structural embeddedness. There are strong traits of the former, through a sense of place and belonging, but much less evidence of the latter with the structural relationships appearing relatively weak and underdeveloped. In a discussion supported by empirical data from a recent survey of rural legal practices in Wales, a number of causes are identified. The paper concludes that trends towards increasingly specialized rather than generalized legal service provision, set alongside the increasingly differentiated nature of rural space, suggest that the longer-term sustainability of rural legal practices may require both greater investment at the level of structural embeddedness alongside continuing reinvestment at the cultural level.     

Understanding differences in crime reporting practices: a comparative approach

Despite a large body of literature detailing crime reporting practices, scant research examines the correlates of the crime reporting decision in developing nations with newer democracies, newer economies, or developing economies. Using a sample of 23 nations from the 2000 International Crime Victimization Survey (ICVS), this study tests the generalizability of correlates of robbery and assault reports to the police in a non-US sample to determine whether there are national differences in reporting practices. Based on this analysis emphasizing the developing world and countries in transition, an expanded model, integrating incident, demographic, police-related, and national variables, is developed that will enhance our understanding of differences in reporting practices in developing and developed nations. Results identified both similarities and differences in crime reporting practices between developed and developing nations. Although the findings reinforce the importance of incident and demographic characteristics on reporting crime to the police, they also suggest that national variables, reflecting economic and social context, should not be excluded from studies examining reporting practices.     

Mobilizing Market Forces to Combat Global Environmental Change: Lessons from UN–Private Sector Partnerships in China

While globalization has brought far-reaching benefits to communities around the world in the form of increasing foreign investment and trade, and reduced levels of poverty, the externalities of the global market have also taken on greater prominence. In particular, issues of global environmental change now stand as a central concern for governments around the world, with increasing threats to the sustainability of hard-won development gains. While international frameworks such as the United Nations conventions on climate change and biodiversity have been enacted to take joint action on issues of common concern, a major challenge has been to enact effective implementation regimes to achieve results on the ground. One hope lays in the forces of the market itself, engaging global market forces and the role of the private sector to facilitate a global shift to sustainable growth and business practices. This article analyses this challenge and emerging opportunities for market-based approaches to implement international environmental law through a case study of China and the innovative partnerships being forged there between the UN, governmental and private institutions.     

Structural discrimination and social stigma among individuals incarcerated for sexual offenses: Reentry across the rural–urban continuum

The stigma associated with a felony conviction can impede the reentry process, and emerging research findings indicate that one's community can amplify or temper the mark of a criminal record. Researchers examining criminal stigma have focused on individuals living in urban areas, overlooking the experiences of persons outside these communities. Using qualitative data collected from a sample of men and women paroled for sexual offenses in Missouri, we contrast how social and structural stigma alter the reentry experiences for participants living in communities along the rural and urban continuum. The results show that the stigma of a sex offense conviction was a near‐universal experience and residence restrictions stymied efforts to find housing. Residents of urban areas and some large cities felt that the community offered relative anonymity from stigma but the stress of their status being discovered was omnipresent. Participants in rural areas and small cities had less social privacy and reported being shunned in the community, although strong social ties did mitigate some of the consequences of stigma. The results highlight the importance of considering place when studying reentry and have implications for designing correctional policies to address the needs of residents returning to non–metropolitan locations.     

The Copyright Royalty Tribunal: New Arena for Communications Industry Confrontation

Drawing from in-depth qualitative research of poetry communities in New York City and Toronto, Canada, and grounded in theories of gift relations and Bourdieu's conception of fields of literary production (1996), this article argues that the sustainability of the arts must include visions of sustainability that extend beyond the economic if they are to be true to the internal experience and definitions of fields of artistic production. This article argues that relations among poets can be understood as exemplars of a gift economy and that these gift relations among poets contribute to the sustainability of this artistic field and career. A model of how gift relations are patterned among poetry communities is proposed to more clearly articulate the patterns of this process.     

Accountability and evidence-based approaches: theory and research for juvenile justice

As part of the ‘accountability movement’ in juvenile justice, policy-makers, funding agencies, and the general public have called for greater accountability from agencies and organizations involved with youthful offenders. Within this context, performance measurement and monitoring, and use of evidence-based programs and practices, have emerged as recommended aspects of juvenile justice system operations nationwide. Little is known empirically, however, about the actual performance of juvenile justice systems or the real changes brought by contemporary reforms, and theory and research on the implementation and sustainability of evidence-based approaches have been slow to emerge. This paper will review the key aspects of the modern accountability movement in juvenile justice, and then discuss a recently proposed theory that may be useful in future examinations of juvenile justice system improvement efforts. A suggested research agenda also is presented.     

SITUATED IDENTITIES OF YOUNG, AFRICAN AMERICAN FATHERS IN LOW-INCOME URBAN SETTINGS

Young, low-income, African American fathers have been at the center of research, practice, and policy on families over the past decade. This article uses a "voicing" analytic technique to examine identities among young, low-income, African American fathers living in an urban setting; the intersections of these identities; and the fathers' perceptions of the influences of familial, peer, and legal systems as barriers and resources in their development as fathers and the sustainability of their fathering roles. The primary questions addressed urban fathers' representations of their transition to fatherhood, intergenerational relationships, transformative events, and visions of a possible self. Results from a survey, focus groups, and interviews suggest that the fathers seek to reinvent themselves and reconstruct their identities by separating from street life, redefine home as a place of stability, and challenge the practices of social and legal systems that appear to work against their responsible fathering.     

B. F. Skinner's utopian vision: behind and beyond walden two

This paper addresses B. F. Skinner's utopian vision for enhancing social justice and human well‐being as it was introduced in his 1948 novel, Walden Two. In the first part, we address the historical, intellectual, and social context that situates the book in the utopian genre, the critiques of its premises and practices, and the fate of intentional communities patterned on the book. In the second part, we review practices in Skinner's book that advance social justice and human well‐being under the themes of health, wealth, and wisdom, and then focus on contemporary practices that are the legacy of his vision. His vision was neither the a priori truth of a particular premise about human behavior or a necessary practice (blueprint) for an intentional community but rather the use of empirical methods to discover premises and practices that work to advance the health, wealth, and wisdom of individuals and survival of the culture.     

论国际商会国际仲裁院裁决的国籍

尽管国际商会国际仲裁院设在法国巴黎,但是由该院管理的适用该院仲裁规则做出的裁决,并不当然具有法国的国籍,因为确定国际商事仲裁裁决的国籍主要标准是仲裁地点。根据ICC仲裁规则,仲裁地点可以由当事人约定,也可以由仲裁院决定,而无论是当事人约定还是仲裁院决定的仲裁地点,可以在法国,也可以是法国以外的国家和地区。因此,ICC仲裁院的仲裁庭适用该院仲裁规则做出的ICC裁决的国籍,取决于特定仲裁案件所涉及的法律意义上的仲裁地点所在国,而不是仲裁机构所在的国家。     

Gated Communities in Law's Gaze: Material Forms and the Production of a Social Body in Legal Adjudication

This article focuses on the legal geography of gated communities. Sociolegal research has paid comparatively little attention to how specific material forms fare within legal contexts. Drawing on work in legal geography and in science and technology studies, this article isolates judicial decisions that deal with the borders of gated communities from other cases involving private homeowner associations. By focusing on these boundary disputes in which outsiders are excluded from the area, this article finds that courts are resisting the localism presented by gated communities and are instead articulating a social imaginary in which the landscape flows uninterrupted by the exclusionary presence of gates. In contrast to the privatopia literature, this article finds that courts are not complicit in promoting neoliberal visions of community. The social imaginary being developed by courts resists the spatial differentiation of gated communities, producing in its place a thoroughly modern polity in which legal, economic, and political relations flow easily between those inside and outside the gate.     

The implementation of the Nagoya ABS Protocol for the research sector: experience and challenges

Over the years, researchers in public institutions and universities have accessed genetic materials from a variety of sources, freely exchanged them with fellow researchers and institutions and shared their research results with foreign and local collaborators. The 2010 Nagoya Protocol regulating access to genetic resources is set to change this scenario. This treaty requires country parties to put in place enhanced ABS measures regulating access to their genetic resources and to provide for the sharing of benefits arising from their utilization. These measures include minimum access standards, mandatory prior informed consent of indigenous and local communities, compliance with the domestic laws or requirements of the provider country and monitoring the utilization of genetic resources. This is aimed at commercial research. Non-commercial public research which contributes to the conservation and sustainable use of biological diversity is encouraged, particularly in developing countries, through simplified measures. There are undoubtedly practical challenges in operationalizing this provision without impeding research in the sector most potentially affected by ABS measures. This article presents the results of a survey of the practices of such researchers in one developing country, namely Malaysia. It examines the potential implications for the national implementation of the Protocol. Given country specificities, this study highlights and shows the importance of increasing knowledge about existing practices for an efficient design and implementation by developing countries of a complex legislation such as the Nagoya ABS Protocol.     

The place of law in the leadership and management of schools

Change is a feature of life in all communities and results in heightened demands being made of individuals and organizations alike. In the school setting administrators and classroom teachers have to respond to a great variety of demands that change has brought. Accountability, in various guises, is one area where changes in societal attitudes have resulted in greater demands being exacted of all professions including that of teaching. In this regard legal accountability is of considerable concern to schools as legal matters increasingly impact on school policies, practices and procedures. In this article research into the relationship between the law and school leadership and management is explored. A brief overview of research into school management and principals as leaders is followed by a discussion of the need for knowledge of areas of law impacting on schools. The article concludes that in order to ensure a school's legal safety, a preventive legal risk management culture is needed.     

TRANSITORY MOBILITY,CULTURAL HETEROGENEITY,AND VICTIMIZATION RISK AMONG YOUNG MEN OF COLOR: INSIGHTS FROM AN ETHNOGRAPHIC STUDY IN CAPE TOWN,SOUTH AFRICA

The coupling of racial and economic stratification has been found to result in a range of adverse outcomes for youth of color, including disproportionate exposure to violence and victimization. Primary explanations of these patterns, particularly at the micro‐level, have focused on the impact of street culture. In this article, we draw from a multiyear ethnography in Cape Town, South Africa, to offer a theoretical elaboration of the place of culture in contributing to victimization risks among urban minority young men. The study is based on data collected from a sample of 26 young men of color who lived on the Cape Flats between 2003 and 2006. Using grounded theory methods, we suggest the import of unequal access to spatial mobility as a multifaceted means by which culture mediates young men's risks for victimization in disadvantaged communities. We find that transitory mobility—conceptualized as youth's temporary access to cultural spaces outside their segregated residential neighborhoods—is an important source of cultural heterogeneity in townships that can intensify the strength of local social identities and outgroup antipathies directed at those whose mobility is perceived as a cultural threat. Transitorily mobile young men's cultural repertoires are a key facet of street efficacy that can either insulate them from risk or heighten their vulnerabilities. Our findings are suggestive of important sources of variation in young men's victimization outcomes in disadvantaged communities, offering insights about factors that shape risks beyond those linked to the victim–offender overlap in high‐risk settings.     

COMMENTARY ON TIPPINS AND WITTMANN'S "EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS:

Although in substantial agreement with Tippins and Wittmann's analysis, their call for a moratorium on the practice of custody evaluators making recommendations to the court does not solve the many problems that they have raised, and may have unintended consequences which place families at even greater risk. This commentary reflects our agreement with some of the authors' major points of contention, focuses on several points of disagreement, and suggests alternative remedies for the shortcomings and ethical problems described in child custody evaluations.