Blaming the victim: Belief in control or belief in justice?

The attribution of responsibility to victims of bad fate (“blaming the victim”) is discussed under the perspective of Just World Theory (Lerner, 1980) and the Defensive Attribution Hypothesis (Walster, 1966; Shaver, 1970). Whereas Just World Theory suggests that the belief in a just world is the decisive motive of increased attributions of responsibility, the Defensive Attribution Hypothesis assumes that these attributions are motivated by the need to believe in internal locus of control. Research evidence shows both motives as conceptually linked and empirically correlated. The central question is whether belief in a just world and belief in internal control are facets of the same latent variable or empirically distinguishable constructs, and whether they contribute independently to attributions of responsibility and blame to victims of misfortune. Results of a questionnaire study assessing opinions about cancer and cancer victims are reported. There is evidence from factor analyses that the two motives are indeed distinguishable constructs. The correlation patterns and the results of multiple regression analyses show that both motives are meaningfully related to attributions of responsibility. Moreover, it is suggested that belief in a just world is not a homogeneous construct. Belief in immanent justice according to which present misfortune is seen as a consequence of prior faults and sins is differentiated from belief in ultimate justice according to which one can be sure that present misfortune will be compensated in the long run. Whereas belief in immanent justice is the most important predictor for attributions of responsibility, the suggested emotional consequences of such attributions, like belief in invulnerability or confidence in coping, can be predicted by belief in internal control and belief in ultimate justice. Finally, suggestions are made to extend Just World Theory to clarify the function of justice motives in the person's search for meaning in his or her life.     

More on Ultimate and Immanent Justice: Results from the Research Project “Justice as a Problem within Reunified Germany”

In earlier studies it was shown that two domain-specific variates of belief in a just world, namely belief in immanent justice and belief in ultimate justice concerning severe illness, differ systematically and significantly. Only immanent justice leads to accusation and derogation of innocent victims while ultimate justice is concordant with positive evaluations of victims and helping behavior. With regard to the research project Justice as a Problem within Reunified Germany (GiP, from the German Gerechtigkeit als innerdeutsches Problem), two new scales were developed for purposes of measuring general belief in immanent and ultimate justice. Using a sample of 929 West Germans and 1,275 East Germans, some of the correlation patterns found in earlier studies could be replicated. For example, immanent justice did correlate with draconian judgments (the proneness to strict and severe judgments), while ultimate justice was associated with mildness. Only ultimate justice correlated with existential guilt about the underprivileged. Beside this confirmation of earlier findings, new correlation patterns were revealed. For example, only immanent justice correlated with the equity principle, whereas ultimate justice corresponded to the need and equality principles.     

Women’s Knowledge of the Domestic Violence Legislation in Erbil,Iraq and their Response to Spousal Violence

This study assessed the knowledge of 82 married women about existing legislations and law enforcement structure in Iraqi Kurdistan region to combat violence against women and women’s response to spousal violence. A female physician interviewed the participants using a specially designed questionnaire. The women possessed good knowledge about the presence of legislation (76.8 %) and related law enforcement structure (70.7 % to 74.4 %) to combat violence against women, but they lacked adequate knowledge about how to contact the law enforcement agencies. Women’s response to spousal violence primarily included self-defense (37.8 %) or keeping silent (26.8 %), rather than seeking justice (4.9 %). Women’s educational status was positively associated with reporting violence to police (52.1 % vs 29.4 %, p = 0.041) and the health staff (62.5 % vs 35.3 %, p = 0.015). Further research is needed to explore the reasons behind women’s poor knowledge of the details of the existing law enforcement structure and women’s reluctance to seek justice.     

Expert Testimony Regarding Child Witnesses: Does It Sensitize Jurors to Forensic Interview Quality?

Does expert testimony on forensic interviews with children help adults distinguish between poorly conducted and well-conducted interviews? This study evaluates the effects of social framework expert testimony regarding child witnesses in a case involving allegations of child sexual abuse. A 2 (Expert Testimony: present or absent) × 3 (Child Forensic Interview Quality: poor, typical, or good) × 2 (Child’s Age: 4- or 10-year-old) factorial design was used to examine whether expert testimony is prejudicial or beneficial to jurors (N = 463). The results revealed that, without expert testimony, mock jurors did not consider the forensic interview quality when reaching a verdict. However, with expert testimony, mock jurors were more likely to render guilty verdicts if the interview quality was good versus poor. Further expert testimony increased mock jurors’ knowledge about child witnesses. These findings suggest that expert testimony related to the impact of interview techniques on the reliability of children’s reports may assist fact-finders in evaluating child abuse cases.     

Victims and the restorative justice ambition: a London case study of potentials,assumptions and realities

Restorative justice is coming out of the shadows and in Europe this interest grows alongside a stronger victims’ movement with a domino effect on EU member states’ laws. In the UK, legislation now allows restorative justice at all stages of the criminal justice system, and as part of these developments, new restorative justice services that will be ‘victim-led’ are being funded. This paper questions this ‘kind’ of restorative justice, using unpublished findings from a research project that was conducted in 2017 in London. The project involved a survey with 66 victims and 44 offenders, followed by 11 in-depth victim interviews and a focus groups with 7 victims and practitioners. The data point out a number of assumptions and caveats, which must be addressed in order to ensure that further investment in restorative justice will yield benefits to all those whose lives are blighted by crime. The conclusions are relevant to anyone practising restorative justice internationally including policy makers and funders.     

The Role of Perceived Justice,Political Ideology,and Individual or Collective Framing in Support for Environmental Policies

Effectively addressing environmental challenges such as climate change will require adopting policy measures that have some impact on collective human behavior. The present research examined attitudes toward different environmental policies, specifically focusing on the role of perceived justice. Justice was measured in two ways: as an assessment of the fairness of a particular policy and as a general tendency to endorse statements related to environmental justice. Because justice judgments can be context specific, policies were presented in four conditions, in a 2 × 2 design manipulating the type of impact described, ecological or societal, and the level of focus, individual or collective. The roles of political ideology and environmentalism were also investigated. Results from an online sample of 162 US residents showed that non-coercive policies, overall, were rated as more acceptable. Environmental justice statements were strongly endorsed, and justice in both its specific and general forms was a determinant of policy acceptance. In particular, ratings of the fairness of specific policies were a stronger determinant of acceptability than perceived effectiveness of the policy. Type of impact had little effect, but policies tended to be rated as more acceptable when they were framed in terms of the collective rather than the individual. Although a liberal ideology was associated with acceptance of environmental policies in general and with endorsement of environmental justice, controlling for endorsement of environmental justice eliminated the effect of political ideology in most, but not all, cases. Implications for policy support are discussed.     

Conditional openness: young people define practices for successful child protection interventions

Taking the reforms of child protection legislation that have occurred since the 1980s as a backdrop, this paper considers young people’s perspectives on the factors that facilitated their engagement with child protection services and the barriers they perceived to effective service delivery. Drawing on findings from a New Zealand study of young people’s experience of multiple service use (child protection, mental health, youth justice and remedial education), the paper identifies that that rather than being ‘resistant’ or ‘hostile’ to statutory child protection intervention, young people reported a ‘conditional openness’. This conditional openness was characterised by three themes: communication; continuity and consistency; and contextual and cultural responsiveness. Interventions with these characteristics activated this conditional openness allowing effective interventions to occur. Using a series of case studies, comprising interviews and agency case file records; the paper considers the experiences of 109 young people (12–17 years) as well as those of the ‘person most knowledgeable;’ an adult nominated by young people because they knew the young person’s situation well.     

Justice Beliefs in School: Distinguishing Ultimate and Immanent Justice

This paper combines two recent developments in just world research: the conception of belief in a just world (BJW) as a resource for coping and well-being in everyday life, and the distinction between two different facets of BJW, namely belief in immanent justice (BIJ) and belief in ultimate justice (BUJ). Moreover, these two aspects are adapted to the school context and educational psychology. Scales for measuring ultimate and immanent justice in schools were developed within a German pilot reform project with a sample of 1274 pupils. The two facets could be distinguished by means of factor analysis. The reliability of the two scales is satisfactory, and their validity is confirmed by their differential correlational patterns. Results show that not every form of BJW automatically functions as a coping resource. In fact, only BUJ is able to protect pupils' mental well-being, whereas immanent justice can actually jeopardize well-being. Similarly, BUJ is associated with the perception of solidarity and learning enjoyment in class, whereas BIJ is more closely associated with the experience of rivalry and competition in class. Finally, the socialization of the two justice beliefs is considered. The cross-sectional data provide some evidence to suggest that friendly and supportive parenting styles can promote BUJ, whereas strict parenting styles may further BIJ. More longitudinal research is needed to obtain further insights into these phenomena.     

Social Justice Attitudes and Their Demographic Correlates Among a Nationally Representative Sample of U.S. Adolescents

Compared to extant studies, this study uses more rigorous analyses to describe social justice attitudes and their correlates among a nationally representative sample of 2,811 U.S. ninth-graders. Females and adolescents with more educated mothers tended to express more support for social justice. Strikingly, about 90 % of adolescents believed that equal opportunity to obtain a good education exists in the U.S. Adolescents were also more likely to support abstract social justice principles rather than solutions that promote social justice: about 80 % agreed that all races and genders should have equal opportunities, but only 55 % reported that government should be responsible for individuals’ economic needs. Differences between U.S. adolescents’ and adults’ attitudes are noted, and implications for future research are presented.     

自救还是他救：受害人的权利救济问题研究

受害人是指所有认为自己的权利受到侵害的人,受害人的权利源于自然状态中人的生存需要和人作为人的道德资格,应当首先承认每个人都有认定自己权利受到侵害的主观权利,赋予每个人确认受害人的资格和自由。在这个前提下,区分"命不好的人"、"受苦的人"和"特殊的不幸的人"才具有现实基础,也为甄别不同形式的救济理论确立了立论的基础和方向。现代权利救济理论承认受害人作为权利主体和救济主体的双重身份,它的使命在于贯彻自我救济的权利这一核心观念,从而与道德范式下的怜悯论和神学意义上的救赎学拉开了距离,以此张扬人的价值和自我救赎的世俗意义,为与一种合乎正义的社会结构相契合的善政或权利的道德提供驱动力。     

诚信·公平·权利——“民法人”教学新理念的构建

立足于现代高等教育应当培养什么人的问题并结合民法学精品课程建设的实践,需要对“民法人”这一教学理念进行探索和阐释。民法人的素质或品质可以定义为:民法人是讲诚实、守信用的人,民法人是具有平等价值观和公平观念的人,民法人是懂得尊重他人权利的人,民法人是具有社会公德意识的人,民法人是具有义务观和责任感的人,民法人是系统掌握和精通民法知识的人。     

Ten Years On, the ‘Three Circle’ Model of Restorative & Transformative Justice: A Tool to Combat Victimization and Recidivism

This paper had its genesis 10 years ago in the authors’ development of a communitarian ‘three circle’ model of restorative and transformative justice for a pilot restorative justice study used with serious and repeat adult offenders appearing in the Magistrates’ Courts in Western Australia. The model was designed in part to place their crimes within a context, something that rarely occurs within the mainstream adversarial criminal justice system in Australia. The model was primarily designed to provide victims of crime with the best outcome and offenders with the opportunity to provide apology and restitution, as well as take responsibility for their actions. The three circles, each including two facilitators, are: Circle 1: consists of the perpetrator who has pleaded guilty to a specified criminal act together with his/her family and/or friends; Circle 2: consists of the victim(s) of the crime together with their family and/or friends. Circle 3: consists of a combination of the first two circles, tasked to seek, if possible, a mutually agreeable resolution that culminates in a report to present to the Magistrate in court to use in mitigation of sentencing. Importantly, although the 30-month study had socially and economically significant results, 10 years after its completion there is still no restorative justice program in the adult courts in Western Australia. Because of this, the authors also set out to question the state government’s motivation in largely ignoring this successful process.     

Can We Identify Bad Cops Based on History? Base Rates of Historical Markers in Law Enforcement Pre-employment Evaluations

While psychometric police selection processes have progressively evolved, the efficacy of simple background information has not been extensively evaluated. This study examined the utility of base rate information to predict job performance among law enforcement officers. Pre-employment historical markers from bad hires were compared to good hires from a large sample of 1536 officers. Of this sample, 205 officers were categorized as bad hires if they were arrested, had greater than five misconduct episodes, or were terminated for cause within 5 years following hire. Base rates of 40 pre-employment history variables were compared for good and bad hires. Analysis of markers showed that bad hires had a significantly higher frequency of markers across family factors, mental health variables, conduct problems, and criminal justice outcomes compared to good hires. Among the largest differences were history of multiple physical altercations, outpatient psychiatric treatment, and events related to previous law enforcement employment such as employer reprimands, suspensions, or fitness for duty evaluations. Many other intuitive markers occurred too infrequently to analyze or showed no significant difference between good hires and bad hires in law enforcement settings. Base rates in addition to psychological test data are necessary aspects of the police pre-employment evaluation.     

Decrements in Miranda Abilities: An Investigation of Situational Effects via a Mock-Crime Paradigm

Programmatic research has made important advances during the last decade in understanding how cognitive and psychological variables affect Miranda comprehension and reasoning. However, the effects of situational stressors are largely overlooked in determining the validity of Miranda waivers. As the first systematic investigation, this study uses a 2 × 2 × 2 factorial design on 123 undergraduate participants to examine the effects of being apprehended via a mock crime (i.e., stealing a watch from a Plexiglas case) paradigm on Miranda comprehension and reasoning. Besides the mock-crime condition, the mode of advisement (oral or written) and the length of the warning (124 vs. 228 words) were also investigated. When compared to controls, the mock-crime scenario produced moderate to large effects (ds from .58 to .75) on both Miranda recall and subsequent reasoning. In addition, oral advisements resulted in non-significant trend for decrements in Miranda recall. No main effects were observed for length and no significant interactions were found. Interestingly, specific components (e.g., right to counsel and free legal services) were generally more affected than the more familiar first two components (i.e., right to silence and evidence against you). Within the crime-scenario condition, participants with substantially increased state anxiety predictably performed more poorly than those participants whose state anxiety remained relatively stable. Directions for future research and the implications of these findings on our understanding of Miranda abilities are discussed.     

论社群主义对罗尔斯正义观的挑战与批判

社群主义是在批判以罗尔斯为代表的新自由主义的基础上蓬勃发展起来的。社群主义对罗尔斯正义论的逻辑起点、价值取向和终极目的等方面进行了全面的批判。在逻辑起点上，罗尔斯建立起了个人——社群观，而社群主义建构的是社群一个人观；在价值取向上，罗尔斯认为“权利优先于善”，个人权利是正义的价值取向；而社群主义建构的“善优先于权利”的观念，强调个人权利必须在社群中去实现。在终极目的上，罗尔斯追求正义作为社会制度的首要美德；而社群主义者认为正义只是美德之一，并强调公益及将其作为社群的终极关怀。社群主义的批判立场是一种不具有建设性的理论挑战。但社群主义理论对我国法治建设存在可能的启示。     

Respectful Inter-Group Interactions: A Method for Revising Group Attachment?

In the present study, we investigated whether respectful treatment shaped participants’ perceptions of procedural justice during interactions with out-group authorities, and whether the effects of respectful treatment would extend to participants’ attachment to their in-group and to the authority’s social group. We hypothesised that the nature of the relationship between the out-group and a participant’s social group (diametrically opposed vs. not opposed to one another) would moderate the effect of respect on participants’ procedural justice judgements, attachment to the in-group, and attachment to the out-group. Participants (n = 186) read a short, fictitious news story describing an interaction between a fellow in-group member (the subordinate) and an authority. As predicted, respectful treatment increased perceptions of procedural justice and also led participants to feel more attached to the authority’s social group. Contrary to expectation, participants’ attachment to their in-group was not affected by treatment, but instead by authority group membership: interactions with an authority from a social group diametrically opposed to the participant’s social group led participants to become significantly more attached to their in-group, regardless of the authority’s behaviour (respectful vs. disrespectful) in the interaction. Results are discussed in terms of practical strategies for authorities to effectively manage interactions with out-group subordinates.     

Taxonomies of Squatting: Unlawful Occupation in a New Legal Order

Legal responses to the activity of ‘squatting’ include criminal justice, civil actions, property law and housing policy. Some legal analyses of unauthorised occupation focus on the act of squatting, others on the squatter's claim to title through adverse possession. This paper explores recent developments in the law of adverse possession which have been shaped by particular discursive constructions of both squatters and dispossessed landowners. It develops a ‘taxonomy of squatting’ by mapping the positions adopted by the Law Commission, the legislature and various domestic and European courts, in respect of moral issues thrown up by the doctrine of adverse possession, including the distinction between good faith and bad faith squatting, the landowner's duty of stewardship, and the question of compensation. By unpacking the circumstances in which squatting occurs, the paper develops a series of matrices to classify legal responses to unlawful occupation and to facilitate a more systematic and coherent understanding of law's responses to squatting.     

Social support and one-year outcomes for women participating in prison-based substance abuse treatment programming

In recent decades, the number of women under criminal justice supervision has increased considerably, many of whom are serving time for drug offenses. Furthermore, women in prison are more likely than their non-institutionalized counterparts to suffer from a substance abuse disorder. While there is a growing body of research concerning women offenders’ drug abuse and treatment needs, few studies have examined the substance abuse treatment outcomes of women in the criminal justice system. Using data from Outcome Evaluation of the Forever Free Substance Abuse Treatment Program, this study compared women’s self-reported drug use twelve months after participation in high-intensity (n = 101) and low-intensity (n = 81) prison-based substance abuse treatment programming (N = 182). Women who perceived high levels of emotional social support were less likely to report substance use at 12-month follow-up. Furthermore, perceptions of emotional social support and treatment intensity interacted in their association with relapse, such that the protective effect of social support was strongest for women who participated in high-intensity programming. The results of the analyses highlight the importance of perceived social support for women with substance abuse disorders who are transitioning from prison-based substance abuse treatment programming to the community.     

Perceived Justice of Compensation Process for Return-to-Work: Development and Validation of a Scale

The experience of injured workers is influenced by multiple systems—the workplace, the healthcare system, and the workers’ compensation system. Little research has been conducted on the impact of the workers’ compensation system on injured workers’ personal experience and on the justice of the workers’ compensation process. The purpose of this study was to develop and validate a measure of the justice of the compensation process. Injured workers (n?=?446) with musculoskeletal injuries, in Ontario, Canada, filing a lost-time claim, completed a telephone survey 6 months post-injury. Exploratory and confirmatory factor analyses were conducted with two separate samples, and concurrent validity was examined. The four hypothesized factors emerged: distributive justice, procedural justice, informational justice, and interpersonal justice factors accounted for 96.3% of the variance. Confirmatory factor analyses had satisfactory fit indices to confirm the initial model. Alpha coefficients ranged from 0.86 to 0.92. Concurrent validity of the scale was supported: relationships of distributive and procedural justice with claim status, claim processing delay, perception of going back to work too soon, duration of work accommodation, and satisfaction with work accommodation were in the expected direction. Workers’ experience of the justice of the compensation process can now be measured with a psychometrically sound and theoretically based instrument. This instrument offers researchers the opportunity to focus on the justice of the compensation process of injured workers. It can increase the attention that policy-makers, compensation management, healthcare providers, and other return-to-work stakeholders give to the impact of the compensation system and provide a broadened view of workers’ experience.     

Juvenile Desistance and Community Disadvantage: The Role of Appropriate Accommodations and Engagements

In recent years, juvenile justice systems have shown renewed interest in ensuring effective programming and support for young offenders as they reenter the community. These services often focus on suitable accommodations, education, work-based employment, and engagement in conventional activities. Recent studies also suggest, however, that these services may not have the desired impact in the community (i.e. desistance) if underlying community-level risk factors are not attended to. This may especially be the case for young offenders. Given the developmental literature underscoring the heightened sensitivity of youth to external conditions, this study focuses attention on the recidivism of young offenders in the United Kingdom. Data from 2005 through 2009 show that changes in appropriate accommodation and engagement offered to ex-offenders in a community are both related to a community’s rate of youth reoffending; however, the strength of this relationship differs across level of community disadvantage.