Shame,Guilt, and Punishment

The emotions of shame and guilt have recently appeared in debates concerning legal punishment, in particular in the context of so called shaming and guilting penalties. The bulk of the discussion, however, has focussed on the justification of such penalties. The focus of this article is broader than that. My aim is to offer an analysis of the concept of legal punishment that sheds light on the possible connections between punishing practices such as shaming and guilting penalties, on the one hand, and emotions such as guilt, shame, and perhaps humiliation, on the other. I␣contend that this analysis enhances our understanding of the various theories of punishment that populate this part of criminal law theory and thereby sharpens the critical tools needed to assess them. My general conclusion is that, in different ways, all of the theories we encounter in this area can benefit from paying renewed attention to the nature of the connection between the state’s act of punishing and its expected or perceived emotional effect on the individual. OB, JD, KM, FT, CEB, KKJ, ASP, JS, AD, NE and the SNF x2.     

Families,Foreignness, Migration

Introducing the special issue on ‘Families, Foreignness and Migration. Now and Then’, this essay starts from the observation that in Western Europe migrating with or without one's family in the last century was increasingly shaped by state policies. As a result, migrants' identities and family experiences not only depended, and still depend, on their cultural backgrounds but also on very time-specific politics of foreignness and citizenship. The essay's main argument is that comparing and deconstructing perceptions, policies and practices of ‘family’ and migration help to overcome the limited attention given to age and kin in the study of gender and migration. From an overview of contributions to this interdisciplinary issue, it is clear that deconstructing ‘family’ in migration studies should be developed further along three axes: child migration, the multi-level analysis of family and migration, including societies of origin and migrant organizations, and the comparison of ‘visible’ and ‘invisible’ migrants, which contributes to uncovering the relationship between foreignness, gender and age.     

Dignity, Democracy, Civilisation

This paper contributes to international discussion about the difficulty of defining human dignity as a legal concept by locating it at the heart of (European) democracy and human rights. Focusing on emerging dignity case law in the United Kingdom, the paper explores the connections among dignity, human rights and democracy, and the uses of dignity to enhance and refine democracy. While judges are key actors in the construction of dignity, they operate within the boundaries of a particular democratic ‘civilisation’ anchored in the core prohibitions of art 2, 3 and 4 European Convention on Human Rights, combined with those of the EU Charter of Fundamental Rights (art. 2, 3, 4 and 5). This normative core, the paper argues, is to be understood in the wider time frame of democracy and dignity, which is equally important for refining and thickening human dignity’s conceptual and normative definition, as well as for reflecting on the legitimacy of its (judicial) uses.     

Families, Foreignness, Migration

Introducing the special issue on ‘Families, Foreignness and Migration. Now and Then’, this essay starts from the observation that in Western Europe migrating with or without one's family in the last century was increasingly shaped by state policies. As a result, migrants' identities and family experiences not only depended, and still depend, on their cultural backgrounds but also on very time-specific politics of foreignness and citizenship. The essay's main argument is that comparing and deconstructing perceptions, policies and practices of ‘family’ and migration help to overcome the limited attention given to age and kin in the study of gender and migration. From an overview of contributions to this interdisciplinary issue, it is clear that deconstructing ‘family’ in migration studies should be developed further along three axes: child migration, the multi-level analysis of family and migration, including societies of origin and migrant organizations, and the comparison of ‘visible’ and ‘invisible’ migrants, which contributes to uncovering the relationship between foreignness, gender and age.     

RACE, FATHER-ABSENCE, AND FEMALE DELINQUENCY

Discussions of the influence of father-absence on delinquency often show special concern/or the relatively high rate of father-absence among black Americans. However, for the four delinquent offenses studied. father-absence had detrimental effects only on whites. especially girls. The only significant effect among black girls was favorable lo the father-absent girls. Further, contrary to Dates on and Scarpitti (1975). parental control has similar effects on delinquency and on the relationship between father-absence and delinquency for blacks and whites. It appears that policies which reduce the stigma of father-absence for white girls are more likely to succeed in reducing delinquency due to father-absence than policies of economic improvement.     

China,the United States,bargaining, and climate change

Knowing what is at stake in terms of likely damages from accumulating greenhouse gases, how can major emitters fail to reach agreement on limits? Bargaining analysis suggests that an uneven distribution of abatement costs over time may play a significant part. Using a stylized, complete-information model of the strategic space facing the two largest emitters of greenhouse gases, China and the United States, a simple numerical example reaches a strong and surprising conclusion: To be feasible under current technological and economic conditions, any international agreement on climate change will have to allocate a level of future emissions for carbon dioxide in China that is at least twice as large as the level for the United States, in order to account for the effects on Chinese interests from continued economic growth.     

Self-Control Theory,Race, and Delinquency

Abstract

The size of the Hispanic population in the United States has grown to the point that they now comprise the largest minority group. While much research has been conducted to explore the effects of race and ethnicity on various aspects of the criminal justice system, most of these studies focus on African Americans. The purpose of this study is to assess the representation of Hispanics in criminal justice literature and to summarize the findings. The results suggest that while many studies contained Hispanic subjects, few articles focused specifically on His-panics and fewer articles focused on Hispanic women. When analyzed separately, Hispanics were found to be statistically different from other groups. Much of the Hispanic-focused research centered on drug use, gang involvement, and violence. Given the size and growth of this important group, criminologists must consciously recognize and proactively seek to include the views and experiences of Hispanics in their research.     

Property Rights, Theft, Amnesty, and Efficiency

In this paper we show that costs associated with infractions of property rights, such as theft, can be reduced by imposing lower penalties on individuals who admit to such infractions and make restitution. We find that the socially optimal penalty on a confessed thief may be zero (complete amnesty) or even negative—a person may be given a reward for confessing a theft. This is because a thief's valuation of a good is generally lower that its valuation by its legal owner, and an amnesty permits the trade that such a difference in valuation makes calls for. It is interesting to note that the benefits of amnesties were apparently recognized in ancient times and they constitute part of Biblical Law. Moreover, such amnesties have also been informally incorporated into modern legal systems, wherein leniency (a form of partial amnesty) is generally shown to individuals who confess their infractions.     

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.     

Jocks, gender, binge drinking, and adolescent violence

Previous research has suggested a link between athletic involvement and elevated levels of adolescent violence outside the sport context. The present study expanded on this literature by positing differences in the sport-violence relationship across dimensions of athletic involvement (athletic participation vs. jock identity), type of violence (family vs. nonfamily), and gender as well as by examining the impact of binge drinking on the sport-violence relationship. Regression analyses using a sample of 608 Western New York adolescents indicated that (a) jock identity (but not athletic participation) was associated with more frequent violence, (b) jock identity predicted nonfamily violence (but not family violence), and (c) the link between jock identity and nonfamily violence was stronger for boys than for girls. Binge drinking predicted family violence among nonjocks only.     

Individual rights,collective interests,public law,and American politics

The author completed this article while on leave as a Visiting Fellow of New College, Oxford, on a grant from the George A. and Eliza Howard Foundation of Brown University. He wishes to acknowledge his debts to these institutions as well as to Christopher Wolfe, Daniel Robinson, William C. Porth, John Finnis, and the anonymous referee, all of whom criticized earlier drafts and offered valuable suggestions.     

Bones, blood, pellets, glass, and no body.

A man was found guilty of killing his wife, although her body was never found. The case centered on her car, which contained fragments of bone, glass, shotgun pellets, and dried blood. Deoxyribonucleic acid (DNA) fingerprinting techniques were used to establish the decedent's identity. Examination of the bone fragments revealed that they were from the skull. These two pieces of information, added to other evidence, proved that the defendant's wife had received a fatal injury in her car, and a guilty verdict was rendered.     

DETERRENCE,CRIMINAL OPPORTUNITIES,AND POLICE

In this article, we join three distinct literatures on crime control—the deterrence literature, the policing literature as it relates to crime control, and the environmental and opportunity perspectives literature. Based on empirical findings and theory from these literatures, we pose a mathematical model of the distribution of criminal opportunities and offender decision making on which of those opportunities to victimize. Criminal opportunities are characterized in terms of the risk of apprehension that attends their victimization. In developing this model, our primary focus is on how police might affect the distribution of criminal opportunities that are attractive to would‐be offenders. The theoretical model we pose, however, is generalizable to explain how changes in other relevant target characteristics, such as potential gain, could affect target attractiveness. We demonstrate that the model has important implications for the efficiency and effectiveness of police deployment strategies such as hot spots policing, random patrol, and problem‐oriented policing. The theoretical structure also makes clear why the clearance rate is a fundamentally flawed metric of police performance. Future research directions suggested by the theoretical model are discussed.     

Desert,retribution, and corporate criminality

The role of commensurate deserts in the punishment of corporations and their agents has received little attention to date. Those who have written on desert and corporate crime dismiss it on the grounds that retributive rationales, which incorporate notions of desert, are not applicable to corporate offenses and because desert, with its focus on the moral opprobrium attached to criminal conduct, is not fitting for offenses which are regulatory and thus “morally neutral.” This essay argues that although retribution is a viable justification for corporate punishments, it need not be the only or even the primary justification for punishment for desert to be applicable in the distribution of corporate sanctions. It also questions the position of moral neutrality, citing empirical evidence of the public's perceptions of the seriousness of corporate criminal activity.     

Thought suppression,memory, and interrogative suggestibility

Abstract

Ethnomethodologists in the field of offender-based research have recently criticised the earlier use of prison-based samples in research on residential burglary. They claim that interviewing burglars in their natural environment has produced findings of greater validity and reliability. By describing further analysis of data from earlier experimental research on burglars in prison, and drawing on findings from other work on residential burglary, this article sets out to highlight the striking similarity between findings from interview, experimental and ethnographic studies in this area. Far from discounting earlier experimental and interview studies, the recent ethnographic works have served to build on and complement earlier work. The value of using a variety of methods in offender-based research is then discussed.     

Managed care liability today: laws, cases, theories, and current issues

Managed care entities face numerous liability issues in today's changing healthcare environment. This Article provides the plaintiff with a comprehensive road map for navigating the many avenues of managed care liability. The author describes ERISA pre-emption provisions and suggests ways plaintiffs' attorneys can strive to narrow the pre-emption. The Article also provides in-depth analysis of each theory of managed care liability that has been litigated against managed care entities to date, and then goes on to explore state laws imposing liability on managed care entities, and how HMO liability is being reformed through legislative action. For plaintiffs' attorneys seeking the full spectrum of theories of managed care liability, or for defendants' attorneys wanting to remain updated on all potential claims to defend, this Article constitutes an extensive primer on the current issues.     

Denial, minimization, partner blaming, and intimate aggression in dating partners

Although countering denial, minimization, and externalization of blame is a key component of most interventions for individuals who have been abusive in their intimate relationships, these attributions have only seldom been the focus of empirical investigation. Using a sample of 139 male and female university students, this study examined the associations between self-reported minimizing and blaming attributions and the perpetration of physical, sexual, and psychological aggression against an intimate partner. For men, minimization of conflict and partner blame were associated with self-reported perpetration of intimate partner aggression, even after controlling for socially desirable responding and relationship satisfaction. In contrast, women's aggression was associated only with partner blame. Discussion focuses on overlap with similar areas of research, gender differences in minimization and blaming, and on potential directions for further empirical work on the associations of intimate aggression, relationship dissatisfaction, and attribution.     

Women, friendship, and adaptation to prison

While a considerable body of research exists on male strategies of adaptation to imprisonment, studies on the female response has been relatively limited to attempts to develop a theoritical model. This article applies an explanatory model with three adaptive approaches to women incarcerated in three prisons. Friendship, extra-prison, and prison specific variables are linked to adaptive responses and consequence variables. Prison specific variables seem to be the most influential; however, analysis reveals that friendship diversity has a critical impact on individual perceptions of prison conditions and on criminal identity. Our findings seem to coincide with recent studies. but depart from them by finding that pre-prison variables do not have key explanatory power. Friendship and prison specific variables are the core theoretical model variables linked to female adaptive strategies.     

Procedural justice,minorities, and religiosity

The current research explores six hypotheses derived from the well-known procedural justice-based model of legitimacy in two different religious groups in Israel, and adds to the model the effect of religiosity on the perceived legitimacy of rules and institutions of social control. Our results, based on data from a representative sample of 1,216 Israeli Jews and Arabs, provide general support for the hypotheses. We found that the social order is perceived as less legitimate by the Arab minority compared with the Jewish majority, and by highly religious members of the Jewish majority compared with those who are less religious.