"It's the little things": women, trauma, and strategies for healing

Women recover and heal from traumatic violent experiences in many different ways. This study, which is part of the Franklin County Women and Violence Project, explores the healing experiences of 18 women who have histories of violence, substance abuse, and involvement in the mental health and/or substance abuse treatment system. Ethnographic interviews suggest that while professional intervention can be beneficial, it may not be adequate. In fact, it can be retruamatizing. The means of service delivery and treatment by individuals, service providers and others, may be more important than the actual service. Often women find that caring individuals and a safe environment yield the greatest benefit. It is not so much what people do to help, but how they do it.     

The needs and experiences of women in sexually integrated prisons

Three issues were considered in this evaluation of the usefulness of co-corrections: violence, over-management and policies about sexuality. A study of one sexually integrated prison showed that co-corrections has both advantages and disadvantages for women. Inmates and staff were included in the research. Survey and anecdotal data were collected. The strengths of co-corrections were described from the data along with some suggestions for overcoming the weaknesses.     

Battered women and the state: From the failure of theory to a theory of failure

Within the context of legal reform, the Battered Wife Movement has divided feminists on the question of criminal justice as a desirable component of a feminist agenda. Thus it provides a good example of the dilemmas of developing a feminist theory about the state as the basis for informed practice. In this paper, Currie overviews the way in which the BWM has been transformed from a radical demand for the redistribution of social power into an expansion of current patriarchal institutions. As an example of the institutionalization of feminist issues, however, she rejects explanations of this transformation as simply ideological revision by the state. Rather, Currie notes that it occurs through and not against feminist discourse, meaning that we must acknowledge theory as practice if we are to develop a truly subversive and liberatory discourse within feminist scholarship.     

A comparison of sexual coercion experiences reported by men and women in prison

Comparisons were made between self-reports from 382 men and 51 women who had experienced sexual coercion while incarcerated. Victim data were obtained from a sample of 1,788 male inmates and 263 female inmates who responded to an anonymous written survey distributed in 10 midwestern prisons. Men reported that their perpetrators in worst-case incidents were inmates (72%), staff (8%), or inmates and staff collaborating (12%). Women reported that their perpetrators were inmates (47%) and staff (41%). Greater percentages of men (70%) than women (29%) reported that their incident resulted in oral, vaginal, or anal sex. More men (54%) than women (28%) reported an incident that was classified as rape. Men and women were similar in feeling depression; however, more men (37%) than women (11%) reported suicidal thoughts and suicide attempts (19% for men, 4% for women). Implications of results for prevention of sexual coercion in prison are discussed.     

Aboriginal organized crime in Canada: Developing a typology for understanding and strategizing responses

The present study explores the theory and, to the greatest degree possible given the limitations of the data, the reality of aboriginal participation in what may be defined as ‘organized crime’ in Canada, engaging the possibility of a definition of ‘aboriginal organized crime’ and the proposal of a ‘typology’ of participants. In the development of both the definition and typology, the researchers build upon Beare's definition of organized crime to include the dimension of motivations—whether social, political or economic—which theorists agree are crucial in understanding organized crime activities, but which do not appear in current definitions of the term, as well as important contextual factors informing participation in aboriginal organized crime networks.     

Case illustrations of negative sexual experiences among university women in Japan: victimization disclosure and reactions of the confidant

A retrospective study of negative sexual experiences (NSEs) was conducted among 532 Japanese university women. More than one third of the respondents reported having experienced at least one NSE, and two thirds were victimized by strangers. When the woman knew the perpetrator well, the NSE was more likely to be repeated. One sixth of victims did not disclose the incident. Older children disclosed incidents more frequently than did younger children. Women in the total disclosure group disclosed the incidents more quickly than did those in the partial disclosure group. Women victimized by strangers were more likely to disclose the incident completely. Less than 10% of women were disappointed with the reaction of the first-disclosure receiver. Unlike results obtained in previous studies, the victims did not necessarily regard it negatively when the incident was viewed less seriously or they were criticized by first-disclosure receivers. On the other hand, instrumental support was not always supportive.     

Informal powers and the removal of Aboriginal children: Consequences for health and social order

Current high levels of morbidity and mortality, and high rates of incarceration among Australian Aboriginal populations are related historically to the attempted separation of Aboriginal people from family and community. The paper discusses these events through an analysis of legal and extra-legal forms of power in the late 19th century in Victoria, and through an analysis of the workings of the informal powers of administrators and mission superintendents, within a broader framework of liberal political reason.     

Prediction of women's utilization of resistance strategies in a sexual assault situation: a prospective study

The present study prospectively explored the predictors of resistance strategies to a sexual assault situation. Participants were assessed at the beginning of an academic quarter on a number of variables, including past history of sexual victimization, perceived risk of sexual victimization, and intentions to use specific types of resistance strategies. Only women who reported being victimized over the interim (N=68) were included in the analyses, which suggested that women's Time 1 intentions to utilize assertive resistance strategies (e.g., physically fight, run away) and offender aggression predicted women's use of assertive resistance strategies in response to the assault that occurred over the follow-up. Women's utilization of nonforceful verbal resistance (e.g., reason, plead, quarrel) was predicted by perpetrator aggression and previous sexual victimization. Women's immobility (e.g., turn cold, freeze) during the assault that took place over the interim was predicted by experiences of childhood sexual victimization and previous sexual victimization.     

Academic credit for life experiences in criminal justice: Issues and concerns

This article focuses on awarding credit for life experiences (work experience, training, or other forms of experiential learning) in criminal justice education. The efficacy and consequences of this practice are explored in an attempt to delimit the issues and raise relevant questions that need to be explored in developing policies for awarding such credit. The authors raise questions concerning the definition of viable and relevant experiential learning and the process of evaluating life experiences. The article also discusses the need to consider a number of factors in implementing a credit-for- experiential-learning program; for example, the implications for “in-service” versus “preservice” students, extra-university regulations, the transferability of credit to other institutions, and the importance of a careful assessment of the overall impact on the criminal justice system and on criminal justice as an academic discipline.     

A systematic review of effective therapeutic interventions and management strategies for challenging behaviour in women in forensic mental health settings

Women in secure forensic mental health care require therapy and care that is responsive to their specific needs. Despite the policy recognition that women require a distinct service, evidence based practice is not available for this population. This review was undertaken in response to a clinical need within a medium secure unit in Glasgow that was experiencing high levels of challenging behaviour, in a female ward. The review aimed to identify effective strategies or interventions for the management of challenging behaviour in women in secure services and, therefore, improve practice and patient care. A synthesis of the findings from the 11 identified studies revealed variability in the approaches used to support women in forensic services, including: behavioural programmes; organisational change with a focus on staff training and support; medication; ECT and mechanical restraint. The challenging behaviours assessed included self-harm; physical and verbal aggression; suicide attempts and arson/fire setting. The majority of articles suggested some improvement in aspects of challenging behaviour, however this was limited by the lack of control groups and small sample sizes. Further investigation is required to find out whether interventions identified in this review can sustain a reduction in challenging behaviours in the long-term.     

The penology of racial innocence: the erasure of racism in the study and practice of punishment

In post–civil rights America, the ascendance of “law-and-order” politics and “postracial” ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is innocent of racial power until proven otherwise. Countervailing sociolegal changes render this framework particularly problematic. On the one hand, the definition of racism has contracted in antidiscrimination law and in many social scientific studies of criminal justice, so that racism is defined narrowly as intentional and causally discrete harm. On the other hand, criminal justice institutions have expanded to affect historically unprecedented numbers of people of color, with penal policies broadening in ways that render the identification of racial intent and causation especially difficult. Analyses employing the penology of racial innocence examine the ever-expanding criminal justice system with limited definitions of racism, ultimately contributing to the erasure of racial power. Both racism and criminal justice operate in systemic and serpentine ways; our conceptual tools and methods, therefore, need to be equally systemic and capacious.     

成就與局限:能動主義司法實踐中的個人信息保護

在我國,司法機關對個人信息的保護,具有較強的司法能動性和司法造法性。因爲在立法上,不但對傳統(古典)隱私權的獨立保護是較晚的事情,而對以個人信息爲主要保護對象的現代隱私權的保護,是在完全沒有個人信息保護法的背景下完成的。對我國關於個人信息保護的司法實踐分析和研究,有助於     

Living in a Policy State: From Trust for Sale to Trust of Land

The Trusts of Land and Appointment of Trustees Act 1996has transformed the nature of co-ownership interests in land.The trust for sale, which governed dealings in co-ownedproperty under the Law of Property Act 1925, and whichmade sale the presumptive object of co-ownership, has been replaced by a trust of land, under which co-owners retainan interest in the land itself, rather than its capital value.This article considers the likely impact of this legislativepolicy departure, particularly in relation to the court'swillingness to grant an order for the sale of co-owned propertyon application by a creditor, and against the wishes of anon-debtor co-owner occupier.     

从危害防止到风险预防:环境治理的风险转身与制度调适

"危害"和"风险"分别是传统秩序行政与当下风险行政的核心概念,语词之分的背后蕴含着制度应对的实质差异。危害防止强调对确定性损害和可预测危险的预防和阻止,是现代环境法应对的重心;但随着风险社会勃兴,对不确定风险的预防也逐渐成为国家应当承担的基本任务。我国环境立法已经对风险预防有所回应,但仍然存在风险预防法律地位不明、风险治理制度体系不够健全等问题,为此需要以预防原则为接口重塑风险预防在环境立法中的表达方式,以公私合作为基础建立环境风险治理的治理框架,并以程序理性为内核建立环境风险治理的裁量控制机制。