‘She’s White and She’s Hot,So She Can’t Be Guilty’: Female Criminality,Penal Spectatorship,and White Protectionism

Despite mainstream criminology’s burgeoning interest in issues of race, class, and gender, very little scholarship has examined whiteness and its attendant privileges in understanding public discourse on criminal offenders. This paper examines the role of penal spectatorship as a discursive mechanism by which white, female offenders are protected in public spaces by virtue of their racial and gender identity. Using a content analysis of comments posted on the mug shot images of white women on a popular ‘mug shot website,’ we find that these women are viewed as victims of circumstance deserving of empathy and redemption rather than as criminals. We offer ‘white protectionism’ as a means by which whites extend privilege and protection to other whites who transverse the boundaries of whiteness through criminality to guard against ‘deviant’ or ‘criminal’ designations. These findings add to our understandings of penal spectatorship as yet another tool of white supremacy operating in the Post-Civil Rights era of mass incarceration.     

“Can’t Stop,Won’t Stop”: Self-Control,Risky Lifestyles,and Repeat Victimization

Objectives

Drawing from lifestyle-routine activity and self-control perspectives, the causal mechanisms responsible for repeat victimization are explored. Specifically, the present study investigates: (1) the extent to which self-control influences the changes victims make to their risky lifestyles following victimization, and (2) whether the failure to make such changes predicts repeat victimization.

Methods

Two waves of panel data from the Gang Resistance Education and Training program are used (N = 1,370) and direct measures of change to various risky lifestyles are included. Two-stage maximum likelihood models are estimated to explore the effects of self-control and changes in risky lifestyles on repeat victimization for a subsample of victims (n = 521).

Results

Self-control significantly influences whether victims make changes to their risky lifestyles post-victimization, and these changes in risky lifestyles determine whether victims are repeatedly victimized. These changes in risky lifestyles are also found to fully mediate the effects of self-control on repeat victimization.

Conclusions

Findings suggest that future research should continue to measure directly the intervening mechanisms between self-control and negative life outcomes, and to conceptualize lifestyles-routine activities as dynamic processes.     

‘I Can’t’: Capacity to Marry and the Question of Sex

To some extent the nature of the marriage contract has always been ‘about’ sex. Yet it is only in recent years that sex has become an explicit aspect of the legal test of capacity to marry. This paper explores how that test has been developed by the courts since the late 19th century. Through an examination of the case law it traces the nature of the relationship between sex and the capacity to marry; explores how capacity to consent to sexual relations has become a prominent strand within capacity to marry; and asks whether one effect of that prominence has been to marginalise the necessity for an individual to understand certain other important aspects of the marriage contract when assessing his or her capacity to marry.     

When Justice Can’t Be Done: The Obligation to Govern and Rights in the State of Terror

This article explores a view nearly absent from modern political theory, that there is a duty to create and secure government which imposes on some a duty to govern. This duty is grounded in philosophers as disparate as Aquinas, Locke, Hobbes and Finnis. To fail one??s duty to govern, especially over the range of goods that can only be secured by government, is to have committed a wrong against another. If there is an obligation to govern that is rooted in the common good, then one might believe there is an obligation to maintain a government which pursues the common good. After disentangling the duty to govern from political duties which are much better explored, I focus on the more subtle question of how political legitimacy and the obligation to obey the law may clash with a duty to govern. Again, it is surprising that this claim can be located in scholars as disparate as Kant, Hobbes and Finnis. Yet in each example these thinkers give us, we are troubled by the tension between the duty to maintain a government and its conceptual fellow travelers, legitimate government and the obligation to obey. Nor is this question one restricted to abstract political philosophy. Particularly troubling are scenarios in which a threat to governance might lead to a reasonable belief that the government must maintain itself by taking actions which appear illegitimate. A scenario where a government must racially profile or violate civil liberties to guard against threats to the ability to govern brings the problem to life. Difficult moments of American history ?C the interment of the Japanese during World War II, racial profiling after September 11th and the use of torture by the United States government were surely mistakes. But they make live the perceived and potential clash between a duty to maintain a government, legitimate government and our duty to obey the law.     

‘If I Would Stay Alive,I Would Be Their Voice’: On the Legitimacy of International People's Tribunals

In recent years there has been a proliferation of People's Tribunals (PTs), promising to address atrocities that have fallen through the net of a statist international legal order. However, the status of such informal tribunals has remained controversial in both literature and practice. The dominant view has been that PTs simply lack legitimate authority. Positing that, in the language game of legitimacy, PTs are put on a perpetual argumentative backfoot, this article examines aspects of their input, process and output legitimacy. It is argued that the right of victims-survivors to be heard reigns supreme and it is in upholding that right that the authority of PTs is legitimised. In the current state of international justice, PTs constitute indispensable, quasi-judicial institutions that bridge gaps in access to justice, challenge official narratives (or silences) about atrocities and, potentially, open up new avenues towards justice and recognition.     

“I didn’t do it,but if I did I had a good reason”: Minimization,Denial, and Attributions of Blame Among Male and Female Domestic Violence Offenders

Women are increasingly being arrested and prosecuted for assaulting an intimate partner. Whereas extensive research has been conducted to identify the treatment needs of male domestic violence offenders, few studies have examined females convicted of the same charges. In the present study 1,267 men and 159 women convicted of intimate partner abuse were compared on scales assessing attributions of blame for their recent offense, minimization, denial, and socially desirable responding. Research with male offenders has identified these factors as important treatment targets, as they appear to influence an offenders risk for noncompliance and recidivism. The results of the study suggest that both male and female domestic violence offenders engage in socially desirable responding during court-ordered evaluations, that both attribute greater blame for the recent offense to their spouse/partner than they acknowledge for themselves, and that significant numbers of both genders deny the recent incident and/or minimize the severity of the offense. Areas for further research are highlighted along with a discussion of the implications of these findings for practitioners.     

“Take My License n’ All That Jive,I Can’t See … 35”: Little Hope for the Future Encourages Offending Over time

A very small number of studies has observed that persons who perceive an early age-at-death report a higher risk of offending. This literature, however, is limited by the use of general population samples, cross-sectional data, and the failure to consider both the determinants of perceived age-at-death, as well as some of the mediating processes associated with the relationship between perceived age-at-death and offending. Using data for a large sample of serious youthful offenders from two urban cities and who were followed for seven years, the current study attends to these concerns. Results show that gender, race/ethnicity, and adverse neighborhood conditions influence the perceived age-at-death; this perception distinguishes between distinct trajectories of offending, and such perceptions also influence both perceived risks and perceived rewards as well as one’s impulse control.     

“Because You’re Mine, I Walk the Line”? Marriage, Spousal Criminality, and Criminal Offending Over the Life Course

Objectives

This study is an analysis of the relationship between marriage and crime in a high-risk sample of Dutch men and women. Marriages are classified as to whether the spouse had been convicted of a crime prior to the marriage, in order to ascertain if one??s criminal career after marriage unfolds differently depending on the criminal history of one??s spouse.

Methods

Data are from the Criminal Career and Life-Course Study, a random sample of all individuals convicted of a criminal offense in the Netherlands in 1977 (N?=?4,615). Lifetime criminal histories for all subjects are constructed from age 12 to calendar year 2003. Official marriage records are also consulted, and the criminal history of all spouses are similarly constructed. Fixed-effects Poisson models are estimated to quantify the relationship between marriage, spousal criminality, and conviction frequency, controlling for age, parenthood, prior conviction, and prior incarceration.

Results

Among men, marriage reduces the frequency of criminal conviction, but only if the marriage is to a non-convicted spouse. Marriage to a convicted spouse, on the other hand, is indistinguishable from singlehood??it neither discourages nor promotes criminal behavior. Among women, marriage has a crime-reducing effect, regardless of the criminal history of the spouse. A set of preliminary follow-up analyses suggests further that men with more extensive criminal histories, and with more stable marriages, benefit in a more pronounced way from marriage to a non-convicted spouse. However, even unstable marriages to non-convicted spouses appear to reduce conviction frequency while they last.

Conclusions

Marriage is indeed a salient transition in the criminal career, but there are important differences depending on the characteristics of the offender (gender, criminal history), the characteristics of the spouse (criminal history), and the characteristics of the marriage (duration). The authors conclude that while marriage matters, it does not necessarily mean the end of a criminal career, and that processes of both partner selection and partner influence deserve close attention by marriage-crime researchers. Qualifications of the study??s findings include the use of conviction data from official sources, the use of a sample of men and women who were all convicted of a crime at some point in their lives, the study of legal marriage in the Netherlands, and the inability to measure potential mechanisms for the observed marriage effects.     

Beyond retribution,restoration and procedural justice: the Big Two of communion and agency in victims’ perspectives on justice

Victims’ perspectives on justice in the aftermath of crime are a key victimological topic. The main justice concepts that have received scholarly victimological attention are retributive justice, value restoration and procedural justice. In this paper, we argue that the so-called Big Two framework – agency and communion – can further help us understand victims’ experiences with justice. Agency refers to a person striving for individuality, while communion refers to the participation of the individual in and connection with a group. According to the framework outlined in this paper, we argue that victimization by crime involves an impaired sense of agency and communion, and justice can be viewed as an attempt to repair both these dimensions. Retributive justice is a prominent means to repair agency, but other options to do so are also open to the victim. A similar observation can be made about value restoration with respect to communion. Acknowledging this can be of particular importance in cases where no offender is apprehended. As to procedural justice, the framework emphasizes the need to distinguish process participation as a means to re-establish agency from participation to re-establish communion with representatives of society.     

Police GPS Surveillance on Vehicles and the Warrant Requirement: “For a While I’ve Been Watching You Steady”

The global positioning system (GPS) has become ubiquitous to modern American life. The system supplies direction for travel through navigation systems as well as employee monitoring capabilities (Rosenberg Washington Journal of Law, Technology, and Arts 6:143–154, 2010). Law Enforcement has also found GPS to be a valuable tool. The technology provides a relatively cheap and highly effective way to monitor a suspect’s movement. Depending on the device, travel data can be reported in real time or be retrieved from the implanted device at intervals (Shah Journal of Law, Technology, and Policy 2009:281–294, 2009). This paper will first explore the core foundational Fourth Amendment cases that shape the use of GPS devices by law enforcement. Next, the federal circuits and state supreme courts’ decisions that have addressed the use of GPS will be reviewed. Third, the case of U.S. v. Jones (2012), which was recently decided by the United States Supreme Court, will be examined. Last, the policy implications of the current legal landscape regarding the use of GPS by police will be discussed.     

“Here,It’s Like You Don’t Have to Leave the Classroom to Solve a Problem”: How Restorative Justice in Schools Contributes to Students’ Individual and Collective Sense of Coherence

Social Justice Research - Students face innumerable stressors, in and outside of schools. Some schools are better able to support students to thrive, individually and collectively, in the midst of...     

‘You May Kiss the Bride,But You May Not Open Your Mouth When You Do So’: Policies Concerning Sex,Marriage and Relationships in English Forensic Psychiatric Facilities

In 1996, the Royal College of Psychiatrists recommended that all psychiatric facilities in the UK develop policies concerning sexuality and sexual expression for persons contained in those facilities. This paper analyses the prevalence and content of such policies in English forensic psychiatric facilities. While the College recommends an individualised approach to sexual and emotional relationships, most hospitals in fact either prohibit or actively discourage such expression as a matter of policy. The paper considers the advantages and disadvantages of that approach. The paper also considers the legal issues surrounding these policies, and in particular the legal authority for governing the sexual and emotional expression of hospital residents and the relevant human rights implications.     

“I Don’t Know Where it is Safe”: Trans Women’s Experiences of Violence

Scholars are only beginning to take account of how trans people experience violence motivated by their gender identity and expression. Based on a series of focus groups and interviews across Canada, this article aims to further this area of inquiry. The fear of victimization, and thus hyper-vigilance, seems to be particularly acute among trans women. Many of them spoke of the multiple and complex layers through which they defined “safety” and lack thereof. We share their experiences and perceptions of the threat of hate motivated violence, and their subsequent reactions.     

‘A Lot of Them Thought I wouldn’t Last There’: African Women and Career Advancement in Academic Scientific Careers

This paper examines the relevance of cultural diversity in studies of women in scientific professions. It is based on a qualitative study of 18 African women in academic scientific careers and representing several English-speaking countries. I investigate how women who seek and gain entry into academic scientific careers are positioned in the academic hierarchy and whether their rate of progress is impeded by exclusionary practices in their professional fields. I also examine whether other interacting circumstances such as development issues, colonial legacies, and the influence of patriarchal states and cultures create somewhat different types of constraints and options for women in academic settings. I address these concerns by investigating the following issues: (1) early career experiences (academic, political, and economic concerns, (2) response from important others (professional colleagues, administrators, and students, (3) reflections on career barriers (faculty rank, research productivity, and perceptions of job satisfaction).JEL Classification: J16, J24     

“Even though we're married,I'm single”: The meaning of jail incarceration in romantic relationships

Jail incarceration substantially transforms romantic relationships, and incarceration may alter the commitment between partners, thereby undermining or strengthening relationships. In this article, we use in-depth interviews with 85 women connected to incarcerated men (as current or former romantic partners) to explore how women articulate relationship changes that stem from their partner's jail incarceration, a common but understudied form of contact with the criminal legal system. We identify three interrelated and mutually reinforcing processes, which are shaped by and shape a partner's commitment to the relationship. First, incarceration produces liminality in the status of the relationship. Second, incarceration fosters women's sense of independence from their incarcerated partners. Third, incarceration creates space for partners to reevaluate how they prioritize the relationship in their lives. Jail incarceration intervenes in romantic relationships at different points during each relationship, and accordingly, women experience heterogeneity in processes of liminality, independence, and reprioritization. These processes contribute to differential relationship experiences, with some relationships deteriorating during incarceration, others strengthening, and others neither deteriorating nor strengthening. By systematically uncovering these processes linking jail incarceration to romantic relationships, we advance an understanding of how the criminal legal system can shape relationship commitment processes and inequalities among families.     

“I Realized that I couldn’t Act Normal”: a Qualitative Study of Sexual Assault Survivors’ Experiences of Workplace Disclosure

Journal of Family Violence - Sexual assault results in psychological, physical, and financial consequences for survivors. The distress caused by sexual assault can lead to work-related consequences...     

“‘I have done it and I have got to die’: Coroners' inquests of abortion deaths in Rhode Island, 1876–1938.”

This article offers an analysis of abortion deaths among white working-class women in Providence County based on thirty-three coroners records from 1876 to 1938. Most women were single and in their twenties: they chose abortion either because their lover was married, or they were too ashamed of their premarital sexual activity to confront their parents. Married women, on the other hand, did so primarily due to economic factors, extramarital affairs, or a strong desire for no more children. In seeking abortions, single women depended on lovers while married women relied on sisters or sisters-in-law. In investigating the deaths resulting from these abortions, coroners called husbands, but not lovers, before the inquests and sought out antemortem statements. Yet only 39% of cases had dying declarations: either doctors refused to participate in interrogating women on their death beds, or women refused to identify abortionists. Of the abortion providers identified, 45% were physicians. Working-class status did not prevent these women, and later their families, from securing expensive medical care from doctors. Both inquests and newspaper coverage in Providence County differ from studies by other scholars who find these venues used as mechanisms to embarrass women and warn single women of urban threats, and to target midwives over physicians. The evidence points to analogous handling of doctors and laypeople, and of married and single women. No intimate details of women's lives were exposed and newspapers did not use sensationalized headlines to draw attention to the illegal activity of abortion. Coroner inquests asked questions necessary to investigate death from a criminal activity, not to take a moral stance on female sexuality.     

“I Don’t Want to Go Back to That Town:” Incarcerated Mothers and Their Return Home to Rural Communities

The increased representation of women in prisons and its consequences has been constructed as an urban, inner-city problem. Lost in this conversation, is the acknowledgement of how the limited socioeconomic opportunities, spatial isolation, and stigma which characterize rural America, lead to the vulnerabilities that mark the lives of rural women (Pruitt in Utah Law Rev 2:421–488, 2007). Through the lens of the Vulnerability Conceptual Model, this study explores the ways that community context shapes women’s experiences of mothering, the effect of incarceration on their children, and plans for returning home. Results of the study contribute to the limited research dedicated to rural women, usually obscured by society’s dominant urban perspective.     

“I was a homo thug,now I'm just homo”: Gay gang members’ desistance and persistence

In a growing body of research, the methods of and motivations for gang desistance are being investigated, spurred in part by concerns about the long-term negative effects of gang membership. Despite recent calls for scholarship that is more inclusive of LGBTQ populations and attentive to issues of sexual identity, however, most gang research remains overwhelmingly heteronormative. In this study, I use in-depth interviews with 48 self-identified gay male gang members to explore how and why they have desisted from or persisted in their gangs, as well as explore how desistance or persistence has affected their self-perceptions, lives, and activities. Because not all have left their gangs, I examine the markers in young men's narratives that signal shifts away from—but sometimes also toward—their gangs, as well as their zigzagging paths out of gang involvement. As gang structure and composition hold importance for their members’ experiences, I use a comparative approach by contrasting men in predominantly straight gangs with those in gay gangs. Set within a heterosexist cultural context, the structure of the gang combines with individual shifts in identity to encourage pathways out of straight gangs and pathways into continued involvement with gay gangs.