Who’s afraid of penal populism? Technocracy and ‘the people’ in the sociology of punishment

Contemporary sociologists of punishment have criticized the rising incidence of incarceration and punitiveness across the Western world in recent decades. The concepts of populist punitiveness and penal populism have played a central role in their critiques of the burgeoning penal state. These concepts are frequently sustained by a doctrine of penal elitism, which delegates a limited right to politicians and ‘the people’ to shape institutions of punishment, favoring in their place the dominance of bureaucratic and professional elites. I argue that the technocratic inclinations of penal elitism are misguided on empirical, theoretical, and normative grounds. A commitment to democratic politics should make us wary of sidelining the public and their elected representatives in the politics of punishment. A brief discussion of Norway’s legal proceedings against Nazi collaborators in the mid-1940s and the introduction sentencing guidelines commissions in Minnesota in the 1980s shows – pace penal elitism – that professional elites may variously raise the banner of rehabilitationism or retributivism. While penal elitism may yield a few victorious battles against punitiveness, it will not win the war.     

‘Won’t Somebody Please Think of the Children?’ Hate Speech,Harm, and Childhood

Some authors claim that hate speech plays a key role in perpetuating unjust social hierarchy. One prima facie plausible hypothesis about how this occurs is that hate speech has a pernicious influence on the attitudes of children. Here I argue that this hypothesis has an important part to play in the formulation of an especially robust case for general legal prohibitions on hate speech. If our account of the mechanism via which hate speech effects its harms is built around claims about hate speech’s influence on children, then we will be better placed to acquire evidence that demonstrates the processes posited in our account, and better placed to ascribe responsibility for these harms to individuals who engage in hate speech. I briefly suggest some policy implications that come with developing an account of the harm of hate speech along these lines.

     

The Relationship Between Legal and Non-legal Verses in the Qur’an: An Analytical Study of Three Themes of the Qur’an

The Qur’an is considered by Muslim scholars to be one of the two primary sources of Islamic law. The Qur’an deals with many diverse matters, including beliefs, morals, ethics, legal issues and historical narratives. We are not concerned here with establishing the exact proportion of the Qur’an devoted to each of these various categories and in particular to legal rulings. Rather, the pivotal aim of the present investigation is to establish the fact that the whole Qur’an is interrelated, and that the non-legal material in the Qur’an ultimately supports its legal system. This article, therefore, attempts to contribute to the discussion on this issue by asserting that although a large part of the Qur’an does not contain explicit or even implicit legal rulings, it serves, however, to consolidate and establish the Islamic legal system. This assertion is founded on an analysis of the relationship between the legal verses and those with no direct legal rulings stated in them. This article will broadly assess three major themes in the Qur’an which are: God, the Prophet and His message and the present life with the Hereafter. It will underscore their relationship to explicit legal injunctions. These themes are doctrinal in nature but as the analysis will show, they are woven into the framework of the injunctions themselves thereby forging a link between creed and law.     

Perimortem or Postmortem Bone Fractures? An Experimental Study of Fracture Patterns in Deer Femora*

The determination of perimortem trauma is important for forensic anthropologists. Characteristics of bone fractures such as sharp edges, presence of fracture lines, the shape of the broken ends, fracture surface morphology, fracture angle on the Z-axis, and butterfly fractures are said to differentiate perimortem from postmortem trauma. A Drop Weight Impact Test Machine was used to break 76 deer femora of various ages since death. The results of this study suggest that the characteristics listed above are unreliable at differentiating a perimortem fracture from a postmortem fracture in a forensic case. There are, however, statistically significant differences between fresh bones broken less than 4 days old and dry bones broken 44 days or 1 year old after death.     

‘So what about the stories?’ An exploratory study of the definition,use, and function of Narrative Child Sexual Exploitation Material

The legal and psychological research surrounding online Child Sexual Exploitation Material (CSEM) is focused on visual depictions of children, either as still images or movies. Narrative CSEM (N-CSEM) describes an under-researched area, resulting from difficulties surrounding its conceptualisation, both legally as well as concerning the function for its users. The current study describes an initial attempt in defining N-CSEM in comparison to visual material, based on interviews with users of CSEM and N-CSEM and professionals working with this user group. Thematic Analysis resulted in three super-ordinate themes. All themes were analysed and enriched from the perspectives of user- and service-representatives. The study provides insight into N-CSEM as a separate entity from visual CSEM, challenging and informing legal decision-making and assessment and treatment providers for users of CSEM.     

Who Is a Worker? Partisanship,the National Labor Relations Board,and the Social Content of Employment

In opinions addressing whether graduate students, medical residents, and disabled workers in nonstandard work arrangements are employees under the National Labor Relations Act, I analyze partisan differences in how National Labor Relations Board members, under the previous two US presidents, confronted the contradictory permeation of wage‐labor into relatively noncommodified relationships. I argue that Republicans mediated the contradictions by interpreting indicia of employer property rights as status authority. They constructed employment as a contractual relationship consummated through exchange relations and demarcated a nonmarket social sphere in which to locate the relationships before them. This construction suppressed the class dimension of employment and the connection between relations of production and relations in production ( Burawoy 1979 ). Democrats mediated the contradictions by recognizing them in part and arguing that the workers were engaged in commodity production. They proposed the Act as a means for workers to negotiate “differentiated ties” ( Zelizer 2005 ) in nonstandard employment.     

Why Is There a Strong Positive Correlation Between Perpetration and Being a Victim of Sexual Coercion? An Exploratory Study

The purpose of this research was to determine if the correlation between perpetration and being a victim of sexual coercion is due to a lack of self-control, a coercive lifestyle, or dysfunctional romantic relationships. Two hundred and sixty-two college students completed measures of perpetration and being a victim of sexual coercion, lack of self-control, coercive lifestyle, romantic partner’s coercive lifestyle, and partner’s perpetration and being a victim of sexual coercion. Support was not found for the lack of self-control and coercive lifestyle explanations; support was found for the dysfunctional relationships explanation. Multiple regression analyses found that the self-control variable that best (negatively) predicted both perpetration and being a victim of sexual coercion was valuing long-term, committed romantic relationships. Interventions to prevent perpetration and being a victim of sexual coercion should focus not only on the individual victim/perpetrator but also on promoting functional romantic relationships.     

A Commentary on the MND Model and the Boone Critique: “Saying It Doesn’t Make It So”

We appreciate Boone’s (2011, this issue) critique of Rogers, Bender, and Johnson’s (2011, this issue) analysis of the Malingered Neurocognitive Dysfunction (MND) criteria. She raised good points and appeared in general agreement regarding several crucial limitations of the MND model. However, Boone remained mostly silent on several issues including the compelling results from our methodological review of MND studies and Criteria A through D. When provided, her comments tended to be very selective and were often presented with little or no empirical support. This contrasting pattern of strong statements and weak evidence appears to unintentionally parallel the MND model, which was documented in our original analysis. As a result of her criticism, however, we clarified our point regarding methodological limitations in establishing levels of TBI and its potential relevance to determinations of feigned cognitive impairment. We hope that these spirited discussions will stimulate a much-needed review and a fundamental revamping, if not replacement, of the MND model.     

Who are the complaint-prone officers?: An examination of the relationship between police officers' attributes, arrest activity, assignment, and citizens' complaints about excessive force

This article identifies the characteristics of police officers (officers' background attributes, arrest activity, and assignment) who most frequently receive complaints from citizens regarding the use of excessive force. The data for the study were obtained from a large mid-western municipal police department. The results show that arrest activity, officer age, and officer gender are most strongly related to the receipt of citizen's complaints about excessive force and differentiate high-complaint officers from low-complaint officers. Implications of the findings are discussed.     

The Meaning and Protection of ‘Cultural Objects and Places of Worship’ Under the 1977 Additional Protocols

Netherlands International Law Review - This article addresses R. O’Keefe’s 1999 publication entitled ‘The Meaning of “Cultural Property” under the 1954 Hague...     

‘Don’t Blow Your Cool’: Provocation,Violent Coping,and the Conditioning Effects of Self-Control

Objectives

General Strain Theory (Agnew in Criminology 30:47–87, 1992) has received broad empirical support, but little is known about moderators of the strain-delinquency relationship. This study tests whether self-control attenuates the relationship between a certain type of delinquency—violence—and its most important precursor, considered a type of strain: interpersonal provocation. This study compares the conditioning effects of risk-affinity and self-control/impulsivity on the provocation-violence link, since recent work suggests differentiating between both characteristics.

Methods

The provocation-violence link is examined (1) using a scenario design with randomly varied degrees of objective provocation and a measure of projected violence, and (2) with measures of self-reported past violence and subjective sensitivity to provocation. The analyses are based on a large sample of seventh-graders (n = 2635) from five cities in Western Germany, interviewed in 2013. Linear probability models regressing violence measures on personal traits, provocation measures, and their interactions are estimated.

Results

Both self-control and risk-affinity moderate the relationship between subjective sensitivity to provocation and past violent behavior. Students with high self-control are able to control their anger and do not turn violent, even when they feel provoked easily. However, only risk-affinity significantly amplifies the effect of objective provocation on prospective violence when simultaneously controlling for the conditioning effect of self-control.

Conclusions

Findings underscore that both self-control and risk-aversion are important coping resources. This study highlights the importance of using internally consistent and mechanism-congruent measures in the study of illicit coping processes and conditioning factors and discourages from using composite, potentially multidimensional measures.

     

Human Rights,Privacy and the Public Interest—Who Draws the Line and Where?

This lecture examines the protection of privacy in the United Kingdom (both at common law and after the incorporation of Human Rights Convention rights) as well as in other European countries and in the European Court of Human Rights. It considers the significance and extent of the margin of appreciation which that Court allows to individual states in respect of the protection of privacy and the balancing of privacy against other interests such as press freedom. It concludes that the margin allowed by the Strasbourg court may not be very large, that the balancing of interests apparently required by that Court is often delicate and difficult, that informal mechanisms of redress such as the Press Complaints Commissions have some benefits, but that further case-law development appears inevitably to be required if any certainty is to be achieved in at least some common situations.     

Why do firms join consortial research centers? An empirical examination of firm,industry and environmental antecedents

The purpose of this study was to test 10 hypotheses for why firms join research centers that are consortial in nature. We describe research centers with a formal arrangement for accommodating external membership as being consortial research centers (CRC). Although traditional analysis of why firms form collaborative research arrangements have tended to focus upon firm level variables, this study takes a broader view on antecedent factors. We derive hypotheses from resource dependence theory, market forces theory, and strategic behavior model explanations for such firm behavior. Panel data from 503 firms, in 104 industries from 1978 through 1996 were used to test the hypotheses. The decision to join a CRC was modeled using multivariate binomial probit analysis. Results showed that industry competitiveness, technological opportunities and the production of complementary innovations are all positively related to propensity to join a CRC. Slack resources are related to joining propensity in a non-linear fashion.     

Why Not Let Kids Be Kids? An Exploratory Analysis of the Relationship Between Alternative Rationales for Managing Status Offending and Youths’ Self-Concepts

Over the past several decades, the juvenile justice system has struggled with an effective response to status offenders and their unwanted behaviors. Three divergent rationales have emerged for handling these youth: (1) treatment, (2) deterrence, and (3) normalization. Using data from over 300 youth under supervision by agencies in three states, the current study assesses how these differing practices are related to youths’ self-concepts. Results provide support for both deterrence and normalization-based rationales over the historical treatment-based rationale. Viewing status offending as normal adolescent behavior (i.e., normalization) has the most beneficial effect on self-concept. Study limitations and directions for future research are discussed.