Risk,Precaution, Responsibility,and Equal Concern

Systemic risks are risks produced through interconnected non‐wrongful actions of individuals, in the sense that an individual's action is a negligible cause of the risk. Due to scale effects of interaction, their consequences can be serious but they are also difficult to predict and assess via a risk assessment. Since we can have good reason to engage in the interconnected activities giving rise to systemic risk, we incur a concurrent collective responsibility to ensure that the risks are fairly distributed and well regulated. James argues that fairness in this context requires taking reasonably available precautions ensuring for each risk‐bearer a favourable ratio of expected benefits over expected losses. In sections 2 and 3 we argue that such a conception of fairness applies but only on the condition that the systemic risks created are irreversible risks and that the general background conditions of justice are imperfectly fair. When risks are reversible, compensatory justice can correct for unfairness in risk imposition. Where risks are irreversible, compensatory justice necessarily fails, giving rise to a collective responsibility to regulate fairly ex ante. Additionally, where background conditions of justice are fully fair and the systemic risk is well understood, risk bearers can be said to have consented to the systemic risk. If they are not fair, we argue that the primary political obligation should lie in fixing the fairness of the backgrounds of justice. A related reason for addressing the general background conditions of fairness is that James’ account of fairness in systemic risk imposition encounters a baseline problem. If expected risks and benefits are calculated again an unfair historic background condition, systemic risk imposition would not be fully fair. Section 4 shows why differences in evidentiary uncertainty as to probability and levels of harm and effective responses require a normatively appropriate response in the form of additional precautions. We show that the evidentiary standards set for risk‐based cost‐benefit analysis have a connection with deontology because they express a postulate of equal treatment in formal terms. Systemic risks can have different possible degrees of epistemological certainty due to factors of social and natural origin, such as more available research funding or higher degrees of complexity for some systemic risks but not others. These differences have to be mitigated by taking even greater precautions in difficult‐to‐research systemic risks.     

LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PARENTS

Estimates are that there are between 1.2 and 3 million people who are in same-gender partnered household relationships in the United States. Although there is less certainty about the number of parents among these couples and the number of single-parent gay and lesbian families, all research shows that a growing number of gay and lesbian as well as bisexual and transgender individuals are choosing to be parents. A sound body of empirical literature has demonstrated that the sexual orientation of a parent is irrelevant in terms of a person's ability to parent and has no lasting effect on the psychological adjustment of the person's children. Nevertheless, a majority of states in the United States place considerable legal hurdles in the face of lesbian, gay, bisexual, and transgender (LGBT) individuals who would like to be parents, as do many countries around the world, and the social context of contemporary society creates a number of special issues that the forensic evaluator or psychologist may encounter when asked to make a custody, adoption, or other fitness to parent assessment with LGBT parents. This article presents an overview of these issues and moves beyond theory to provide specific recommendations for evaluators working with LGBT parents.     

Strain,Crime, and Contingencies

Hypotheses from General Strain theory are addressed using data from a random sample of adults in Raleigh, NC. Analyses examine three issues: (1) whether strain predicts self‐projected criminal behavior; controlling for past self‐reported crime; (2) whether negative emotions mediate the relationship between strain and projected crime; and (3) whether social support and criminal peers serve as contingencies or mediators for strain in predicting criminality. Results are generally consistent with previous studies focusing on youth. Three of four measures of strain are found to predict the crime measures. However, that relationship is not mediated by negative emotion and the measures of social support and criminal peers do not act as contingencies or mediators. The results suggest that strain may not operate through negative emotions and that theoretical refinement is needed to identify which potential contingencies are likely to be operating under various circumstances.     

Stirred,Shaken, or Blended

Abstract

Research documents the variation in levels of offending and the official response to boys' and girls' misbehavior (see Chesney-Lind & Sheldon 2004 for a nice summary of this work). Our research questions develop from this literature. We first expect differences in girls and boys at intake to a residential program for low-to-medium risk offenders, and then we also expect differences in official responses to girls and boys during their aftercare experience. Our findings confirm the literature—girls and boys differ in seriousness of committing offenses. Additionally, girls and boys are treated differently during their time in juvenile justice programming. For example, girls are monitored more closely than boys and receive less serious penalties for similar levels of rule violations. We find no difference between boys and girls in their odds of receiving a serious sanction. While traditional theoretical attempts to explain girls' misbehavior are often described with the expression “add women and stir,” our findings suggest that both behavior of and official response to boys' and girls' activities show that girls are not simply stirred into the male mix but are responded to differently than boys and in ways that illustrate conventional gender socialization.     

Professionalism, Organizations, and Compliance

Earlier studies haw shown that professional orientations are related to individual compliance with laws and regulations. However, no quantitative studies have focused on compliance at the organizational level and the professional orientations of the chief executive officer. Studies on dues and law breaking at the individual level have focused on professional orientations, but within an organization there are other aspects of professionalism that will be of import in determining the organization's compliance with the law. We posit that professionalism is a more complex notion for individuals located in an organizational setting. Utilizing data collected from 410 Australian nursing homes, which are characterized by a flat management structure, the data show that of three aspects of professionalism—orientation, values, and autonomy—it is professional autonomy that directly affects organizational compliance. However, the data do suggest that the relationship between professional orientations and organizational compliance are mediated by the complexity of the organization. Organizational culture is also shown to be an important factor in explaining compliance with the law.     

AGE,PEERS, AND DELINQUENCY*

Hirschi and Gottfredson (1983; Gottfredson and Hirschi, 1990) have argued that the age distribution of crime cannot be explained by any known variables. and they point specifically to the failure of sociological theories to explain this phenomenon. This paper examines a quintessentially sociological theory of crime—differential association—and evaluates its ability to explain the age distribution of crime. Analysis of data from the National Youth Survey on persons aged 11–21 reveals that peer relations (exposure to delinquent peers, time spent with peers, loyalty to peers) change dramatically over this age span, following much the same pattern as crime itself When measures of peer influence are controlled, the effects of age on self-reported delinquency are largely rendered insignificant. Additional analyses show that delinquent friends tend to be “sticky” friends (once acquired, they are not quickly lost) and that Sutherland's arguments concerning the duration and priority of delinquent associations are only partially correct.     

WORK, FAMILY, AND INCOME

The relation between work and families is undergoing extraordinary levels of change at the current time. Most of the policy discussions assume that it is possible to continue moving in the directions which dominate at the end of the century: commitment to long hours of work which then permits obtaining a high standard of living. The basic problem is that there is now overwhelming evidence that continuation of current trends is tearing cultures apart. Some are capable of earning larger and larger incomes. Those at the bottom are both money and knowledge poor. And the middle class is shrinking. If we are to benefit from the potential of today's world, we can only do so by moving outside our current thinking and asking how we want to define the quality of life in the twenty-first century.     

COMMUNITY, ENVIRONMENT, AND VIOLENT CRIME

Using regression analysis of community areas of Chicago, patterns of homicide, robbery, and aggravated assault are analyzed for the mid-1970s. It is found that neighborhoods in which very poor and middle-class people live in close proximity are those in which rates of all three types of criminal violence are highest. Of all demographic and crime variables analyzed, proximity was by far the most strongly related to crime rates. This relationship was taken to be another indicator of the extreme burden placed on blacks in heavily segregated cities of the urban North.     

Equality,fairness, and social conflict

There are three generic problems that arise in the use of the concept of equality as a principle of fairness. These problems concern (i) determining when equality is appropriate as opposed to some other principle, (ii) deciding how equality is to be operationalized, and (iii) determining how to implement equality. The proposal is made that these intrapersonal decision conflicts are mirrored by social conflicts when multiple interests are involved. This way of looking at social conflicts also suggests some novel ways to approach conflict resolution.     

Employment,age, race,and crime: A labor theoretic investigation

The fundamental objective of this paper has been to reinvestigate the relationship between employment and crime, while taking account of deterrence, age and race effects. The data, a sample of Brooklyn arrestees, was collected by the Vera Institute of Justice simply to explore, with individual data, the relationship between employment and crime. In this research, a labor theoretic formulation is used incorporating a model that views the problem as one of rational choice between legitimate work and participation in crime. Factors affecting the diminution of crime participation with age are investigated. Changes at age 18 in economic opportunities and in deterrence effects from moving from juvenile to adult status are found to have a significant impact on crime participation. The results are important because they tend to confirm with official crime report data, results found in earlier studies using self-report data, i.e., (1) when the process is appropriately modeled, previous contacts with police are found to cause some experimenters with crime to become desisters, (2) prior work experience and economic opportunities tend to reinforce this tendency to desist, (3) even though blacks are found to have a greater prevalence of involvement in crime, when the data are standardized for all of the aforementioned factors and educational attainment, there is no significant difference between blacks and whites in their tendency to recidivate.     

Symmetry,Rational Abilities,and the Ought-Implies-Can Principle

In Making Sense of Free Will and Moral Responsibility Dana Nelkin defends the “rational abilities view.” According to this view, agents are responsible for their behavior if and only if they act with the ability to recognize and act for good reasons. It follows that agents who act well are open to praise regardless of whether they could have acted differently, but agents who act badly are open to blame only if they could have acted on the moral reasons that counted against their behavior. I summarize the main themes of Nelkin’s theory of responsibility and offer reasons for rejecting the claim that agents are blameworthy only if they could have responded to moral considerations. It is true that wrongdoers who could not have responded appropriately to moral considerations are often excused from blame, but I argue that not all the forms that such incapacity can take will furnish grounds for excuse. In other words, some circumstances that entail that a wrongdoer cannot respond to moral considerations are compatible with that agent fulfilling conditions that are sufficient for moral responsibility.     

Culture,values, and beliefs about economic justice

We examine the relationship between values and beliefs about economic justice by conducting a cross-cultural analysis. Social values of Americans and West Germans are compared and the relationships between values and beliefs about the fairness of the distribution of business profits are examined. Data are from the 1984 General Social Survey and its West German counterpart, the 1984 ALLBUS; both surveys contain identical value and economic justice items. We find that among citizens in both countries beliefs about the fairness of the distribution of business profits are related to values even when income and education are held constant, but the relationship is stronger in West Germany. For Americans, beliefs about the fairness of the distribution of business profits are related primarily to conservative values (beliefs that greater efforts lead to greater rewards). In addition, the positive influence of conservative values and of income level on fairness judgments is greater for Americans with higher levels of education. For West Germans, beliefs about the fairness of business profits are related both to conservative and to liberal values (beliefs that class divisions persist). In general, economic fairness judgments of West Germans have a strong ideological basis, but polarization associated with differing ideologies is found. Economic fairness judgments of Americans showed both a simpler ideological basis and some relationship to self-interest. The influence of both factors on Americans' fairness judgments seemed to be affected by socialization due to education. Results are discussed in terms of the prevailing economic ideologies in both countries.     

Anxiety,alcohol intoxication,and aggression

Purpose. Research into alcohol‐related aggression has typically focused on perpetrators’ externalizing characteristics. The purpose of this exploratory review is to examine the contribution of anxiety to alcohol‐related aggression. Arguments. Anxiety disorders are associated with externalizing disorders in childhood, but anxiety appears to protect against extreme antisocial behaviours. In contrast, in adolescence and early adulthood, anxiety appears to be associated with increased risk of antisocial behaviour. One possible explanation for this disjunction may be alcohol use, which typically starts in adolescence. Alcohol is an anxiolytic drug, which may appeal to certain young people who are socially anxious but not socially avoidant. Alcohol myopia, the cognitive mechanism whereby alcohol exerts an anxiolytic effect, is also a mechanism by which alcohol serves to increase aggression. Therefore, in anxious antisocial people, drinking to cope with anxiety is likely to increase aggression. Conclusions. Interventions that flow from the research on anxiety, alcohol, and aggression are suggested.     

CRIMES,CRIME RATES,ARRESTS, AND ARREST RATIOS: IMPLICATIONS FOR DETERRENCE THEORY*

The relationship between crimes and arrests is one of the central issues in deterrence theory. There are several conceptual difficulties in attempting to assess whether arrests deter crimes or the number of crimes determine the number of arrests. These problems are compounded when rates are used to measure both variables. The issue is whether criminals respond to arrests or the police respond to changes in crime. The present analysis compares regression results when the variables are measured both as rates and raw numbers for three offenses: homicide, robbery, and burglary. The results indicate that arrests follow crimes. This suggests the need to reexamine some studies that argue that criminals’perceptions of arrest rates are an indication of deterrence.     

WOMEN, RACE, AND CRIME

This article examines the interrelationships among women, race, and crime as presented by Adler. The empirical assertions concerning the pattern of crime for black and white males and females are examined using victim survey data. It was concluded that the explanations for racial differences in female crime and delinquency advanced by Adler have little value since the empirical differences they purport to explain are not supported by the data.     

Rights,goals, and hard cases

Rights have two properties which prima facie appear to be inconsistent. The first is that they are conditional in the sense that one some occasions it is always justifiable for someone to act in a way which appears to be inconsistent with someone else's rights, such as when the defence of necessity applies. The second is that rights are indefeasible in the sense that they are not subject to being defeated our outweighed by utilitarian or policy considerations. If we view rules and the rights which they establish as being subject to a ceteris paribus clause, the form of which generates out the exceptions, the conditionality of rights becomes reconcilable with their nondefeasibility. Such a view of rules and rights would entail that the goals of the law and their orderings be considered as a part of the law. When so viewed, propositions about goals and their orderings become legitimate premises for legal reasoning, furnishing solutions to hard cases in the law of torts, without resort to balancing of interests or judicial discretion.     

DOMESTIC VIOLENCE,DOVE, AND DIVORCE MEDIATION

The primary objective of this article is to describe DOVE, a 19‐item instrument designed to assess and manage the risk of domestic violence between partners during and following their participation in divorce mediation. Assessing risk, more specifically how DOVE can be used to assess risk, is described first. The resulting risk scores (TOTDOVE) are used to assign individuals to risk categories. Problems associated with using categorical, frequency, and probability risk assessment formats in interpreting and communicating risk are discussed in the second segment of the article. A dual, categorical/probability format is advocated. Managing risk using Safety Plan interventions that are linked with risk category and predictor subscores on control, substance abuse, anger, relationship problems, mental health problems, and conflict is covered in the final segment.     

Hegel, Human Rights, and Particularism

Hegel's political philosophy gives prominence to the theme that human beings have a need for recognition of those qualities, characteristics, and attributes that make them distinctive. Hegel thus speaks to the question whether human rights law should recognize and accommodate the nuances of individual make-up. Likewise, he speaks to the question whether human rights law should be applied in ways that are sensitive to the cultural contexts in which it operates. But Hegel's political philosophy evaluates norms and practices within particular cultures by reference to the higher-order and universal criterion of abstract right. In light of this point and the inadequacies of political philosophy that privileges local norms and practices, a third approach to the protection of human rights is canvassed. This approach prioritizes neither universal nor local norms. Its aim is to ensure that both human rights and the cultures in which they are applied are taken seriously.     

WOMEN, DIVORCE, AND ECONOMIC RISK

This article examines the context of mothers' economic risk postdivorce. Data collected from 212 divorced custodial mothers and 225 divorced noncustodial fathers are used to illustrate income dynamics pre- and postdivorce as well as differences in income distribution between men and women. Findings confirm trends uncovered in other studies: Women's economic decline appears to be more pronounced than men's. Risk factors encompassed by various systemic levels are summarized and discussed as a context for understanding and intervention. Specific recommendations for policy are offered.     

Architectural Style,Aesthetic Landscaping,Home Value,and Crime Prevention

In this article, burglary-prevention measures are reviewed. Despite an abundance of literature on residential burglary prevention, both theoretical and practical, homeowners are still slow to take the necessary measures to avoid burglaries. The conclusion of the article is that, if certain architectural styles and types of landscaping, which add to aesthetic value as well as burglary deterrence of the house, can be promoted by means of some financial incentives, all parties concerned—homeowners, public and private agencies—will benefit.