Review essay / mental illness and criminal justice

Norval Morris, Madness and the Criminal Law Chicago: The University of Chicago Press, 1982, 235 pp.     

Review essay / torture as Raison D'État

Lawrence Weschler, A Miracle, A Universe: Settling Accounts with Torturers New York: Pantheon, 1990, ix + 293 pp.     

Review essay: Confronting sexual exploitation in sport

Abstract

Spoilsports: Understanding and preventing sexual exploitation in sport C.H. Brackenridge London, Routledge, 2001. 304pp ISBN 0 419 25770 5 (hbk). £60.00, ISBN 0 419 25780 2 (pbk), £19.99

The Dome of Silence: Sexual harassment and abuse in sport S. Kirby, L. Greaves and O. Hanhivsky Halifax, NS, Fernwood Books/London, Zed Books, 2000, 175pp. ISBN 1 85649 963 4 (hbk) £36.95, 1 85649 962 6 (pbk), £12.95

Sexual Harassment in Sport: Issues, impact, and challenges K. Volkwein-Caplan and G. Sankaran Aachen, Germany, Meyer & Meyer, ISBN 1 84126 059 2, (pbk), £12.95, 126pp     

Physicians as gatekeepers: illness certification as a rationing device

Illness or disability is often used as an eligibility criterion by public programs that distribute money, services, privileges, and exemptions. Physicians then play a central role in the allocation process. But physicians are caught between a large pool of applicants who want some benefit, on the one hand, and an organization with limited resources to distribute, on the other hand. Three conflicts are engendered in this gatekeeping role: the tension between trusting and mistrusting information provided by the patient, the tension between erring on the false positive side and the false negative side in diagnostic decision-making, and the tension between doing everything possible for each patient and allocating limited resources among several needy clients. Several non-medical factors influence the ultimate outcome of this allocation process, which, in theory, rests on clinical decision-making: the specificity and restrictiveness of the formal definitions of illness and disability used by a program; the structure of the determination process; the overall policy of the organization on distribution of benefits; and the ability of the organization to use administrative review, direct incentives, and written standards to control the certifying behavior of physicians.     

Community reintegration of prisoners with mental illness: a social investment perspective

Responding effectively and efficiently to the needs of persons with mental illness returning to the community from prison requires identifying their differences in need and placement difficulties upon return and targeting reintegration investments to reflect these differences. This paper has three parts. The first part profiles the male special needs population in New Jersey prisons. These profiles describe behavioral health and criminal justice characteristics of 2715 male inmates with mental health problems, and are used to identify the scope and nature of the public's investment opportunity. The next part describes the costs associated with possible "investments." The special needs population is classified by need and placement difficulty, and then matched to reentry and community-based treatment programs. Costs are estimated for reentry planning and community-based treatment for the first year post-release. The third part recommends an investment strategy and a set of operational changes that might minimize the loss and maximize the return on the public's investment dollar in mental health.     

Review essay/dirty dollars: Organized crime and its illicit partnership in the waste industry

Alan A. Block & Frank R. Scarpitti, Poisoning For Profit: The Mafia and Toxic Waste in America New York: William Morrow & Co., Inc., 1985, 361 pp.     

Intermediate punishment: Redistributing or extending social control?

During the past two decades, a major area of debate has been about the meaning and consequences of the community corrections movement that has now evolved into intermediate punishment. A question underlying this debate is whether or not this movement accomplishes its expressed purpose of reducing reliance on prisons by redistributing control into the community or merely extends community control without altering previous reliance on prisons. This study assesses Florida's intermediate punishment strategy of home confinement. Data from observations of program practices and interviews with home confinement officers, offenders on the program and various family members living in the home address the operational features of the program. Pre and post program statistics (1980–1987) on state population, felony convictions and forms of correctional sanctions explore the program's impact upon the state's characteristic sanctioning trends. The findings provide no support that home confinement has reduced Florida's reliance on prisons. Specifically, throughout the decade of the 1980s, and despite the operation of a home confinement program that has involved over 100,000 offenders, Florida's use of prisons experienced major increases disproportionate to the state's population, and conviction increases. The paper concludes with discussion of ironies associated with correctional reforms and related empirical and theoretical implications.     

Criticism as a vocation — Theory and practice in a disenchanted world: A review essay

Crime, Law and Social Change -     

Hawala: An underground haven for terrorists or social phenomenon?

In the wake of September 11, authorities have increasingly focused on an age-old method of banking and money transfer known as “hawala.” In this system, a local hawala dealer in one country (or area) takes money from a customer and (for a nominal commission) has an associate in another country (or area) give an equal amount of money to the recipient. This type of underground banking system remains resilient due to several key characteristics. These are: the system's simplicity, its inclusiveness (enabling it to function without any type of external support), and most importantly, its considerable prominence within, and adherence upon specific cultural and religious spheres. This article provides an overview of hawala banking, together with the historical and cultural milieu that gave rise to, and continues to foster it. It suggests that while Islam addresses the issue of debt transfer through the Islamic concept of hawala, the system is widely practiced through many parts of the world by both Muslim and non-Muslims alike. Therefore, to refer to the practice as wholly “Islamic” is erroneous. This study also demonstrates that the initiatives taken towards regulation and/or elimination of hawala are ill suited to deal with the operation of this particular system. This failure particularly reflects the lack of appreciation, on the part of authorities and policy-makers, for the broader social and cultural context in which hawala opearates. A more insightful understanding of the system will address such issues as competing legal paradigms, the local appeal of the system, as well as the likely negative consequences of current regulatory efforts. Thus, any attempts at regulating hawala should ensue with great cultural and religious sensitivity, and should address some of the larger issues that continue to uphold the system, such as the existence of inadequate economic infrastrcture in such nations as Afghanistan and Somalia.     

LinkedLegal: Investigating social media as evidence in courtrooms

The pervasive nature of social media suggests it would increasingly appear as evidence in the courtroom as it has increasingly documented daily life. This research examines the use of such evidence through the review of appellate judgments. It has identified 5,189 appeal cases in federal and state jurisdictions for the period from 1 October 2000 to 30 September 2017. California was used for the state jurisdictional analysis and the Ninth Circuit Court of Appeals, which includes California, was used for the federal. In 2017, there was a 350% increase in Ninth Circuit cases using social media evidence as compared to the first cases in 2010. There was a 3933% increase in the California state cases from the first cases in 2007. Photos/images evidence were used the most in State criminal cases and all Federal cases, while posts evidence was used the most in State civil cases.     

Measuring community social organization: Sense of community as a mediator in social disorganization theory

The current study utilized an updated systemic model of social disorganization to investigate neighborhood effects on both positive and negative youth outcomes. Although empirical support for updated social disorganization models has increased in recent years, the field continues to rely too heavily on behavioral indicators of community social organization. Unfortunately, these measures do not assess the truly important social processes and dynamics that result in cohesive and supportive neighborhoods. It was proposed that sense of community (SOC) was a more valid, comprehensive, and applicable measure for the mediating variables in social disorganization theory. Results supported the hypothesis that SOC mediates the effect of neighborhood disadvantage on youth outcomes and implications for the field are discussed.