Judicial scrutiny of gender-based employment practices in the criminal justice system

Purpose

This article examines employment practices of criminal justice agencies within state and federal court decisions that have interpreted sex discrimination claims under Title VII of the 1964 Civil Rights Act.

Methods

After collecting and analyzing appellate court cases through the LEXIS-NEXIS and WESTLAW databases, the article examines lower state and federal court decisions that have been applied by the U.S. Supreme Court to criminal justice workplaces.

Results

The findings show that employment practices are valid if the employer can demonstrate: first, the disputed discriminatory action is based on considerations not solely dependent on the plaintiff's gender; and second, such considerations are more than mere pretext, making them justifiable under the circumstances.

Conclusions

Courts have considered a wide range of employer practices in both law enforcement and corrections agencies at various stages of the employment process, such as hiring, assignment of duties, promotion, discipline, and termination. Title VII is violated when the employers’ adverse employment action is motivated by discriminatory intent and is based on gender stereotypes. Even so, employment actions are legal when employers prove their employment actions are not based on sex stereotypes, but are either business-related or justified by “legitimate,” “important,” or “compelling” interests.     

Publication productivity of criminal justice faculty in criminal justice journals

An important dimension of university faculty life is publication expectation. Often the level of publication productivity is used to assess general program prestige or to evaluate individual faculty performance. The publication rates of faculty in PhD and master-level programs have been unclear. This study examined the publication rates using a general list of criminal justice journals, and a select list of the leading journals, over a five-year period. The faculty members were located in criminal justice programs that granted PhD and master degrees. Publication productivity rates were established for the two different degree level programs, and the institutions with the strongest publication rates were identified. Publication rates are only one factor used in the assessment of program quality and the relationship of publication rates to other program features is discussed.     

Responding to academic dishonesty in universities: a restorative justice approach

The implementation of restorative approaches in schools has been commonly seen in elementary and high schools, yet the development of restorative approaches in post‐secondary institutions has not been fully explored. In respect to university education, a more restorative approach to student discipline can be a proactive educational response mediating the response of student discipline boards to instances of student wrongdoing. Existing practices are explored, and critiqued from a restorative justice perspective. The rationale behind moving to a restorative response is outlined, and the experiences of student discipline boards that currently employ restorative approaches are assessed to determine how effective this paradigm shift could be. How university responses to student misconduct might function if aspects of the academic environment were built on restorative values and principles is explored, in particular, through looking at the benefits accruing to the development of restorative practices in the classroom, in distance education and for students who experience language difficulties.     

Role-taking and restorative justice: Social practices of solidarity and community in Shakespeare's measure for measure

This article examines to what extent role-taking inspired characters in Shakespeare's play Measure for Measure to new modes of consciousness and concomitant social practices of restorative justice. The play's main character, Duke Vincentio, engages in a series of role-taking episodes through which he undergoes a self-transformation. He subsequently enacts the social practice of restorative justice. However, the play is neither a paragon case of self-transformation nor of restorative justice, especially since (1) manipulation and power are employed in the reintegrative shaming ceremony; (2) some characters are stigmatized and humiliated; and (3) the Duke still practices duplicitous, power-based, and punitive measures. Nevertheless, through the process of self-discovery and the recognition of others as like himself, the Duke reconceives his kingly role from that of an executor of law violators to that of a mediator of troubled relationships. The Duke's character reflects in part the cultural contradictions and social transformations ongoing in Shakespeare's Renaissance England.     

Critical justice consciousness: Social injustice and the criminal justice system

In this essay I examine the importance of social justice to my identity and the changing interpretation of my “justice consciousness” resulting from changes in my work life. Drawing on my academic experience as well as my experience as an attorney, I describe the meaning that social justice has for me. I also examine the connections that I see between social injustice and the operation of the critical justice system.     

Women in criminal justice: Occupational interests

This study explores the extent to which women interested in careers in criminal justice tend to express interest in the female-role—compatible specialties within the field as compared to men and as compared to more traditionally male specialties. A sample of 288 criminal justice students was surveyed and the data revealed that females did express higher interest in female-role—compatible specialties both as compared to the males surveyed and as compared to their interest in most of the traditionally male positions. The results are especially noteworthy in that occupational areas recently opened to women (most especially police patrol officer) were of relatively low interest to those women as compared to traditionally female areas.     

An outcome evaluation of a restorative justice alternative to incarceration

Restorative justice has become an increasingly popular alternative to traditional applications of criminal justice. The emphasis on victim needs and the personalizing of conflict resolution offers an attractive choice for those dissatisfied with the adversarial, impersonal, and retributive focus of the present criminal justice system. Many evaluations of restorative justice programs, especially those with a diversion goal, have rarely controlled for the possibility of net widening and the influence of offender risk on recidivism. This evaluation examined a prison diversion program that followed restorative justice principles. Using a matched comparison group and controlling for offender risk, the program demonstrated a diversion effect and a significant reduction in offender recidivism. The results are encouraging for jurisdictions experimenting with this new approach to justice and seeking a more integrated role for victims in criminal justice processing.     

Sustainable economic development: A criminal justice challenge for the 21st century

The environmental challenges of the 21^st century require co-operation between criminal justice experts and economists. Three different economics perspectives are relevant for the discipline of criminal justice in general and for adressing environmental problems in particular: neo-classical econoics, political economics and the economics of sustainable development. Criminal justice pays a role in the effort to attain sustainable development because the limitations of market based decision making necessitate a role for law and regulation in addressing environmental degradation. Sustainable development itself is relevant to the general discussion of crime. Issues of sustainable development are already discussed in criminal justice literature. While criminal law has limitations as a tool against environmental crime, it will necessarily suplement the tools of the market and civil regulation in coping with environmental problems. The inherently multidisciplinary undertaking of sustainable development will be most effectively met if experts in both economics and criminal justice understand more of one another's fields. Suggestions for including the three perspectives of economics in the criminal justice curriculum are provided.     

Personal loyalty to superiors in criminal justice agencies

Public workers in general, and criminal justice workers in particular, have a problem understanding the concept of loyalty at the workplace—to what, to whom, and at what price. Despite the fact that rules and regulations almost never mention loyalty to superiors, this unexamined practice has been sacrosanct regardless of how unworthy, inefficient, or immoral these superiors may be. Furthermore, the obligation of loyalty to persons rather than principles can encourage corruption, promote mediocrity, and demoralize the workers. Ironically, if both workers and superiors were loyal to departmental values, they would, by natural association, be loyal to one another. In criminal justice agencies the selection of loyalty objects can be as intriguing as the fear of being accused of disloyalty is real. This article discusses the arguments for and against personal loyalty to superiors, the risks to public service inherent in such relationships, and the organizational dangers involved in such pacts. As an alternative to personal loyalty to superiors, this article proposes a professional model based on organizational identification and individual accountability in which dutiful supervision is strengthened while superiors are appreciated as philosopher kings, role models, and mentors.     

Recruiting criminal justice majors: Developing a marketing approach

Forecasts suggest the possibility of declining college student enrollment during the next 5–7 years. In order to ensure program survival, a proactive student recruitment program is recommended. This paper outlines the elements of a marketing approach to student recruitment. Moreover, it is suggested that criminal justice departments become more involved in the recruiting process by adopting the marketing elements that fit within budget and personnel allocations. It is further recommended that the time to implement a recruiting program is not after a department’s survival is threatened, but before, in order to avert future difficulties. The author would like to thank James W. Marquart for his helpful editorial comments.     

Presidential address: Juvenile justice at the crossroads: Presidential address to the academy of criminal justice sciences

Three interacting factors appear to significantly affect our treatment of youths and thus our juvenile justice policy: ideology, the media, and politics. As a result of these factors, although juvenile violent crime is decreasing, legislatures still advocate a harsh, punitive stance toward youthful offenders. Legislative initiatives have resulted in determinate sentencing for juveniles, more youths handled by the adult criminal court, and more youths sentenced to adult institutions. Recent evidence suggests that the public supports more prevention and early intervention strategies for youths and favors rehabilitation rather than punishment. These conflicting trends suggest that we are at a crossroads: the juvenile justice system can continue its harsh, reactive stance, or it can choose a more proactive approach. The members of the Academy of Criminal Justice Sciences have an opportunity to play an active role in the development of criminal justice policy.     

Designed to fail: Self-control and involvement in the criminal justice system

This study investigates self-control theory using official and selfreported criminal records of 500 adult offenders. Four items derived from rapsheets (aliases, date of birth, place of birth, and social security number) are used as indicators of the self-control construct. Negative binomial regression models indicate a significant inverse relationship between self-control and escape arrests, failure to appear violations, probation and parole violations, felony convictions, and prison sentences. Since system involvement entails discipline, tenacity, and responsibility, offenders with low self-control are more likely to experience a criminal justice system failure.     

The outcome of our lives: a commencement address to criminal justice students

On May 18, 2003, Tom Dexter (d. April 15, 2004) delivered the commencement address to the graduates of the School of Criminal Justice at the University of Albany, State University of New York. Mr. Dexter had worked in and administered various agencies of criminal justice for over 40 years, always searching for the most human way possible for himself and his staff to treat those ‘treated’ by the system. Always open to new ideas himself – indeed, to the outcomes of his own behavior – he was instrumental in bringing together faculty from the School of Criminal Justice and staff from the St. Anne Institute and La Salle School in Albany, New York, for a decade‐long research project, the Service Outcomes Action Research (SOAR). The focus of the project is on the impact or effect of those institutions on the young people they are ordained to serve.     

恢复性司法的价值与理念——报应性司法和恢复性司法比较研究

犯罪包含着犯罪人与受害方，犯罪人与社会及其国家之间的衔突。报应性司法采用形而上的哲学方法分析犯罪原因，认为犯罪是犯罪人自由选择的结果，犯罪所侵害的主要是国家的统治秩序，因此，在“以怨报怨”观念支配下，主张犯罪人承担刑罚这样的抽象责任。恢复性司法以实证的方法研究犯罪，认为犯罪是社区关系失调的产物，犯罪侵害的不仅是国家利益，还包括被害人利益和社区利益，因此，在“以直报怨”观念支配下，主张犯罪人要面对受害方承担道歉、赔偿等具体责任。