Perceived justice of ecological policy and proenvironmental commitments

A model was outlined (i) to explain readiness to proenvironmental commitments and decisions in everyday life by six categories of predictor variables, including justice appraisals of pollution control, basic rights, appraisals of pollution, of pollution causation, of the efficacy of pollution control measures, and of ecological responsibility, and (ii) to generate hypotheses on the relationships between the predictor variables. Model variables were assessed by a questionnaire study (N=518) referring to the problem of air pollution. Proenvironmental commitments and decisions could be well predicted by morally relevant appraisals, especially by justice appraisals (e.g., approving proenvirommental laws, taxes, and subsidies, rejecting the justice of the current environmental policy and of mere appeals), whereas predictors representing self-protective motivations remained insignificant. Justice appraisals are in line with the “causation principle of justice”: Those who caused the pollution are made responsible for its reduction and should pay the costs for the pollution control. Results demonstrate that justice appraisals are essential determinants of people's ecologically relevant emotions, cognitions, and engagements. Moreover, they reveal that the responsibility for pollution control is not left with state and economy but is also regarded as a matter that concerns the citizens.     

A glimpse into the role of personal values within the restorative justice process: a qualitative study with restorative justice facilitators

Restorative justice is a process whereby offenders and their victims communicate to address the harm caused by the crime. Currently, there is little research looking at what characterises victims and offenders who are willing to participate in this process, who benefits, and what changes occur after participating. Personal values may be important in understanding such questions because they can influence human behaviour, appraisals of behaviour, and can change following life experiences. Hence, the aim of this study was to investigate the role that the values within Schwartz’s value theory may have in answering these questions. This was accomplished through a thematic analysis of semi-structured interviews with 12 restorative justice facilitators. Consistently, the motivations they observed for both victims and offenders participating in restorative justice included themes of prosocial values. Additionally, prosocial values were among those highlighted as being important for the realisation of the benefits of restorative justice. There was also some preliminary evidence that this process may change what values are important for both victims and offenders. Overall, these findings have implications for restorative justice providers; a greater understanding of motivations, who will benefit, and how restorative justice can be presented to appeal to a wide audience.     

Evaluation of competency to stand trial in defendants who do not want to be defended against the crimes charged

Implicit but significant assumptions made in the criminal justice system include beliefs that criminals do not commit crimes to be tried and convicted and that, once arrested, defendants' primary motives are to avoid or minimize the legal consequences of the charges they face. When those assumptions are not correct, clinicians and legal decision makers are faced with difficult tasks. The authors present three cases of defendants who were not primarily concerned with defending themselves against the charges they faced, but rather with using the criminal justice procedures to further personal goals, and discuss the problems involved for forensic evaluators and courts.     

Justice and emotional reactions to the disadvantaged

Various attitutidinal, cognitive, emotional, and actional reactions to problems and needs of less fortunate people (unemployed, poor people in the developing countries, foreign workers in West Germany) were assessed in a questionnaire study with 865 respondents. The external validity of self-report data was established by external ratings. The focus was on emotional reactions (existential guilt, sympathy, moral outrage because of unjust disadvantages, anger about the disadvantaged, contentment with one's own advantages, fear of losing these, hopelessness with respect to the fate of the less fortunate). Several justice-related variables (beliefs, views, appraisals) as well as responsibility-related variables and social attitudes were assessed as predictors of emotions. The importance of justice-related variables for the arousal of different social emotions was clearly shown. The use and usefulness of cognitive models of discrete emotions is discussed. The impact of emotions on the readiness to various forms of prosocial activities in favor of the less fortunate was also shown: Moral outrage and existential guilt proved to be much more salient predictors than sympathy. Crucial differences between these three prosocial emotions as well as the impact of justice-related variables on readiness to prosocial activities are discussed.     

Blaming the victim: Belief in control or belief in justice?

The attribution of responsibility to victims of bad fate (“blaming the victim”) is discussed under the perspective of Just World Theory (Lerner, 1980) and the Defensive Attribution Hypothesis (Walster, 1966; Shaver, 1970). Whereas Just World Theory suggests that the belief in a just world is the decisive motive of increased attributions of responsibility, the Defensive Attribution Hypothesis assumes that these attributions are motivated by the need to believe in internal locus of control. Research evidence shows both motives as conceptually linked and empirically correlated. The central question is whether belief in a just world and belief in internal control are facets of the same latent variable or empirically distinguishable constructs, and whether they contribute independently to attributions of responsibility and blame to victims of misfortune. Results of a questionnaire study assessing opinions about cancer and cancer victims are reported. There is evidence from factor analyses that the two motives are indeed distinguishable constructs. The correlation patterns and the results of multiple regression analyses show that both motives are meaningfully related to attributions of responsibility. Moreover, it is suggested that belief in a just world is not a homogeneous construct. Belief in immanent justice according to which present misfortune is seen as a consequence of prior faults and sins is differentiated from belief in ultimate justice according to which one can be sure that present misfortune will be compensated in the long run. Whereas belief in immanent justice is the most important predictor for attributions of responsibility, the suggested emotional consequences of such attributions, like belief in invulnerability or confidence in coping, can be predicted by belief in internal control and belief in ultimate justice. Finally, suggestions are made to extend Just World Theory to clarify the function of justice motives in the person's search for meaning in his or her life.     

Using diaries to promote procedural justice in performance appraisals

One-hundred-seventeen college students performed a task on which they received a negative, neutral, or positive performance evaluation. The evaluations were made by the experimenter who (i) kept a diary documenting subjects' performance, (ii) observed their performance but did not keep a diary, or (iii) made the evaluation on no apparent basis (control). It was found that both the evaluation procedure and the evaluation outcome itself were perceived as being fairer when diaries were used as the basis for making evaluations relative to either subjects in the observation procedure group or the control group. The practical implications of these findings for performance appraisals are considered along with the implications for conceptual work on procedural justice.     

Ecological Belief in a Just World

To date, there is considerable evidence that the perception of injustice influences environmental behavior in a positive way. Nevertheless, some people do not take action, even if the injustice seems obvious. Concerning this matter, approaches like the belief in a just world theory or system justification theory provide an explanation. However, so far, there is no scientific research on whether the perception of ecological justice, which is taken for granted, concerning an ecological belief in a just world (EBJW) may lead to differences in people’s environmental behavior. This paper investigates a newly conceived construct of the EBJW, regarding its occurrence as well as its disposition in the context of other constructs. Therefore, a new scale has been developed for the purpose of this study by means of a questionnaire with German citizens (n = 312) examining motives for energy-relevant behavior. The scale analyses confirm the validity of the new scale. Even though the EBJW did not score high in the total sample, possibly due to significant differences between the participants (particularly socio-demographic variables and different group memberships) it can be stated that there is definitely a relationship between the EBJW and justification arguments and, ultimately, a lack of responsibility for energy saving. Regression analyses reveal that the EBJW, together with cognitive and affective appraisals of justice, can explain energy-relevant commitment, such as engagement in behavior that has negative impact on the climate. Based on these findings, it is suggested that the EBJW is measurable and that it seems to warrant further research.     

从经典判例之行为人处置看强制监护治疗

中国司法精神病学研究人员对野兽条例、妄想标准、不可抗拒冲动检验、M＇Naghten规则等关于精神病人刑事责任能力评定标准的典型案例耳熟能详,但对这些案例中的行为人处置却不甚熟悉。介绍这些行为人的最终处置,并结合国内外监护治疗研究现状,对肇祸精神病人的强制监护治疗制度进行探讨。     

Toward a systematic foundation for identifying evidence-based criminal justice sanctions and their relative effectiveness

Nationally, there have been increased calls for evidence-based criminal justice policy. Despite considerable progress toward that objective, there still is no systematic, comparative foundation for assessing the relative effectiveness of diverse sanctions in achieving any of a range of goals. In this article, the importance of evidence-based policy and the critical research gaps that must be filled were discussed, as well as the next steps that must be taken to place criminal justice sanctioning on a solid, evidence-based foundation. Concluding remarks focused on the implications of current research gaps and several strategies for addressing them.     

Street justice: a theoretical paradigm

Three theoretical perspectives examine the role of justice as a means of informal social control and as a reactionary process to dynamics of social strain and subcultural demands. This theoretical analysis is then applied to concepts of justice, including retributive, distributive, restorative, and procedural. The derived street justice paradigm incorporates these various forms of justice as they are linked with cultural imperatives associated with street culture and street crime. The linking of these concepts provides a clearer understanding of the motives and means of exacting justice in a state of heightened relative strain that is pronounced by a preference for revenge and violence. Implications for policy, future study, and theoretical expansion are discussed with particular emphasis on the application of the paradigm to non‐street crime and to policies directed toward involving community members in the justice process.     

Toward the Assessment of Procedural and Distributive Justice in Resolving Family Disputes

The first phase of this study focused on the development of comprehensive, conceptually integrated measures of procedural and distributive justice in the context of family decision making. In the second phase, these measures were used to examine older adolescents' justice appraisals of specific family disputes and the relation of these justice appraisals to family systems functioning along dimensions of conflict and cohesion. A Family Justice Inventory was constructed, which included two global indices (one for procedural justice and one for outcome fairness) and 13 subscales: 9 measuring specific facets of the procedural justice construct and 4 measuring specific dimensions of the distributive justice construct. Factor analysis revealed that the 13 Family Justice Inventory subscales could be reduced to 5 interpretable procedural justice factors (personal respect, status recognition, process control, correction, and trust) and 4 interpretable distributive justice factors (decision control, need, equality, and equity). Using procedural justice factor scores in regression analyses, personal respect, status recognition, correction, and trust each accounted for unique variance in family conflict and family cohesion. Using distributive justice factor scores in regression analyses, both decision control and need accounted for unique variance in family conflict and family cohesion. Using both procedural and distributive justice factor scores in regression analyses, personal respect, status recognition, and trust each accounted for unique variance in both family conflict and family cohesion. Additionally, equity also accounted for unique variance in family conflict but not family cohesion and the direction of the relationship was positive, that is, more equity in resolving specific family disputes was associated higher levels of general family conflict.     

Explaining Capital Punishment Support in an Abolitionist Country: The Case of the Netherlands

A substantial minority (35%) of the Dutch population is in favor of capital punishment. In this paper, it is argued that in a staunchly abolitionist country such as The Netherlands, the existence and perseverance of such support can be better understood and explained by conceiving of capital punishment support in attitudinal terms as part of a law and order syndrome. Death penalty attitudes are analyzed by means of hierarchic logistic regression analysis. It is shown that support can be modeled quite well, partly in terms of general attitudes to criminal justice, partly in terms of political and sociodemographic parameters. Within the criminal justice attitudes complex, more support is found among those endorsing harsh treatment of offenders, those willing to grant far-reaching powers to justice authorities, those believing that the government is not delivering on the topic of crime fighting, and those who are concerned about the level of crime. Within the political context, more support is enlisted among people who abstain from voting and those who vote at either extreme of the political spectrum as opposed to central parties' supporters. In sociodemographic segments it is the younger and poorly educated who are the strongest supporters of capital punishment. It is suggested that endorsing capital punishment can be better understood as an expressive act, displaying dissatisfaction with judicial and political elites in the country.     

Injustice in harm and loss

The major topics of this overview article are as follow: (i) A distinction is made between justice and deservedness. Suffered harm and loss may be judged undeserved with respect to the victim's prior behavior, prior life, and personality without the implication that a victimizer is identified who acted unjustly. (ii) The perception of injustice is outlined as a subjective construction that has two major components: The subject selects and applies one of several rules or principles of justice applicable to the case and the subject is attributing responsibility to an agent or agency who is not the victim himself or herself. It is argued that in every case there are several options for the selection of a rule of justice and for the attribution of responsibility. (iii) Several so-called risk factors of critical life events as unforeseeability, uncontrollability of events, and nonnormativeness of events are reinterpreted as factors relevant in the subjective construction of injustice. (iv) Several coping strategies reported in the literature on critical life events such as palliative comparisons, self-blame, or search for meaning are interpreted as efforts to avoid feelings of injustice. (v) On the basis of empirical data a closer look is taken on self-blame which, psychologically, is a heterogeneous construct. The effects of self-blame depend on its function: When used strategically as a means to avoid feelings of uncontrollability of one's fate or to reduce feelings of hostility toward a victimizer, it may have adaptive functions. When imposed by the subjective view of the facts it may result in feelings of guilt, shame, or anger about an avoidable mistake, feelings that are not adaptive but rather add to the negative balance caused by the primary loss or harm. (vi) Concerning search for meaning, a distinction is proposed between (a) grasping the meaning in the sense of understanding motives, goals, and reasons of the victimizer and (b) discovering and construing some gains in the consequences of a victimization, gains which may be material, social, experiential, self- and personality-related, or developmental. While finding meaning of the second kind improves the loss-gain balance and tends to reduce the perceived injustice the first kind of grasping meaning may sometimes result in intensifying feelings of injustice, especially when motives, goals, and reasons of the victimizer are considered as selfish, malevolent, or uncaring. The article ends with a discussion of the ambivalence of a victim's status which establishes some entitlements for compensation and care but also bears the risk of secondary victimization by negative social reactions.     

Affairs of the Heart: Hate Crime and the Politics of Crime Control

Various scholars have noted the priority given to law in the politics of hate violence; violence is the problem and law, more specifically the criminal law, the solution at the ‘heart’ of society. This article seeks to explore some of the gaps and silences in the existing literature and politics that mobilize these ideas and associations. It is the gap sand silences associated with demands for and expectations of criminal justice that will be the particular concern of this article. The demand for law is examined by way of David Garland's recent work on the culture of crime control. His work offers an analysis of the contemporary place of crime control in Anglo-American liberal democracies. A distinctive feature of his analysis is to be found in the way it maps an important paradox of contemporary crime control; its political centrality and an increasing recognition of its limitations. Garland's ‘criminology of the self’ and the ‘criminology of the other’ raise some important challenges for those who advocate resort to crime control. My particular concern is to consider the significance of Garland's work for a contemporary sexual politics that puts violence and criminal justice at the heart of that politics. Feminist, gay and lesbian scholarship first on criminal justice and second, on violence and law will be used to develop a critical dialogue with Garland's analysis and to reflect upon the challenges raised by his insights into contemporary crime control. This revised version was published online in July 2006 with corrections to the Cover Date.     

Facing drug problems and advancing sentence plan. Prisoners’ perspectives on drug treatment programmes in Finland

ABSTRACT

In Nordic countries, the rapid development of various prison-based drug treatment (PDT) programmes emerged in the mid-1990s, and this development can be viewed as a criminological shift towards a “new form” of penal welfarism combining control and rehabilitation in a revised form in a new era. This article examines PDT programmes from the prisoners’ perspective to analyse their motives to participate, experiences, and relationships with counsellors, guards, and prisoners. Data were collected from interviews of the prisoners and observations in three Finnish prisons. Both the motives connected to handling drug problems and those connected to gaining an advantage for the duration of time spent in prison were experienced simultaneously by participants. Prisoners made a clear distinction between guards and drug counsellors and were somewhat confused by staff roles that combined both rehabilitative and control features. These findings suggest that new hybrid roles already found among correctional staff seem to exist also for prisoners.     

Restoring Responsibility: Promoting Justice, Therapy and Reform Through Direct Brain Interventions

Direct brain intervention based mental capacity restoration techniques—for instance, psycho-active drugs—are sometimes used in criminal cases to promote the aims of justice. For instance, they might be used to restore a person’s competence to stand trial in order to assess the degree of their responsibility for what they did, or to restore their competence for punishment so that we can hold them responsible for it. Some also suggest that such interventions might be used for therapy or reform in criminal legal contexts—i.e. to make non-responsible and irresponsible people more responsible. However, I argue that such interventions may at least sometimes fail to promote these responsibility-related legal aims. This is because responsibility hinges on other factors than just what mental capacities a person has—in particular, it also hinges on such things as authenticity, personal identity, and mental capacity ownership—and some ways of restoring mental capacity may adversely affect these other factors. Put one way, my claim is that what might suffice for the restoration of competence need not necessarily suffice for the restoration of responsibility, or, put another way, that although responsibility indeed tracks mental capacity it may not always track restored mental capacities.     

The Practice of Law as an Obstacle to Justice: Chinese Lawyers at Work

This article helps strengthen our comparative and theoretical understanding of lawyers as gatekeepers to justice by analyzing the screening practices of lawyers in a non-Western context. The explanation for Chinese lawyers' aversion to representing workers with labor grievances focuses on their own working conditions, on the organization of their legal labor, and on their evaluations of the moral character of prospective clients. By linking the screening practices of Chinese lawyers to their socioeconomic insecurity and to popular stereotypes informing and legitimating their screening decisions, this article identifies institutional and cultural obstacles not only to the official justice system but also to cause lawyering. After establishing motives for screening clients, this article then demonstrates lawyers' screening methods: by defining legal reality in strategic and often misleading ways, lawyers use the law as a weapon against the interests of the individuals who seek their help.     

Fairness and Health Care Decision Making: Testing the Group Value Model of Procedural Justice

Considerable research has supported the notion that procedural justice is important to individuals independent of outcome considerations. Tyler and his associates (Lind and Tyler, 1988; Lind and Earley, 1992; Tyler, 1989) proposed that this is so because procedural justice serves a group value function. In the present research, we explored aspects of this group value formulation in a real life health care context. Specifically, we assessed the relationship between individuals' appraisals of procedural justice following health care treatment decisions as well as (i) expectations for different consequences to self; (ii) estimates of how they were viewed by the health care authorities; (iii) attributions about the reasons for their treatment; and (iv) ratings of emotional reactions. Results confirmed many components of the relational, group value model of procedural justice (Lind and Tyler, 1988; Lind and Earley, 1992; Tyler, 1989). Specifically, respondents who felt that they had been treated fairly expected that their status and their relationship with the health care decision maker and others in their health care group would improve; perceived that the health care decision maker would rate them positively on a variety of personality dimensions; felt that the health care decision maker's interactions with them revealed quite a lot about the decision-maker's personality characteristics; and indicated increased levels of pride and pleasure as well as lower levels of anger as a result of their treatment. Results were discussed from several frameworks including Markus and Kitayama's (1991) concept of the independent and the interdependent self.