A Multidisciplinary Approach to Detecting and Responding to Elder Mistreatment: Creating a University-Community Partnership

As the aging population grows, the problem of elder mistreatment is escalating. Cases of elder mistreatment are anticipated to increase further as the—baby boomers age and the number of elderly individuals living and receiving care at home increases (Stiegel 2006; Kennedy 2005; Meeks-Sjostrom 2004). While there has been increasing attention placed on understanding the dynamic of elder mistreatment, advancement of public policy and scholarly work has been hampered due to the fact that much of this work occurs in disciplinary silos. This paper spotlights one example in which university scholars from various disciplines partnered with social service providers, legal professionals, and healthcare educators in the community to enhance the development of a sustainable comprehensive elder justice network.     

Female Defendants and Criminal Courts in Taiwan: An Observation Study

It has long been contended that the criminal justice system extends the influence of patriarchy in society. Feminist and critical criminologists have produced countless examples of the male domination in the criminal justice system. Critics of law and criminal justice point out that the system treats women the same way as does the mainstream society (MacKinnon 1989, 1991; Smart 1989). Therefore, criminal justice cannot be expected to remedy injustices legally before they are recognized as injustices socially. Sociological studies in crime and delinquency have also neglected gender issues. By employing the qualititaive research approach of field observation, this study focuses on how practitioners in three criminal courts in Southern Taiwan interact with female defendants. The findings point out that the court system was unbending in treating the observed defendants in a condescending manner, and expedited the trial process to pronounce the defendants’ guilt. The study aims to offer explicit and nuanced empirical evidence of how gender complicates courtroom interaction. Evidence from this study also forms the basis for policy recommendations and future reform in the criminal justice system.     

Interventions for Intimate Partner Violence: A Historical Review

Intimate partner violence (IPV), also known as domestic abuse or relationship violence, has generated a large research literature for the last half-century, particularly in the areas of criminal justice, psychology, and the social sciences. Interventions for victims and perpetrators of IPV have largely been sequestered to separately evolving efforts of law enforcement and the psychotherapeutic community (Chang et al. Women’s Health Issues, 15(1), 21–30, 2005; Dalton Journal of Aggression, Maltreatment & Trauma, 15(1), 59–75, 2007; Dobash and Dobash 2000; Feder et al. 2008; Gerbert et al. Journal of Family Practice, 49(10), 889–895, 2000; Wathen and MacMillan. Journal of the American Medical Association, 289(5), 589–600, 2003). This article presents a brief overview of the historical evolution and development of these discrete perspectives and identifies and assesses current collaborative interventions rooted in these historical precedents. In conclusion, the authors provide a summative discussion of the most current findings of research into IPV interventions, with a particular focus on the changing roles of race and gender in both the criminal prosecution of IPV and services provided to IPV perpetrators and victims.     

Organised Criminals as “Agents of Obligation”: The Case of Ireland

Relying on Brown's (2005a, b) thesis that contemporary shifts in penal policy are best understood as a reprisal of colonial rationality, so that offenders become “non-citizens” or “agents of obligation”, this article argues, firstly, that this framework (with certain important refinements and extensions) finds support in developments in Irish criminal justice policy aimed at offenders suspected of involvement in “organised crime”. These offenders have found themselves reconstituted as “agents of obligation” with duties to furnish information about their property and movements, report to the police concerning their location and, importantly, refrain from criminal activity or face extraordinary sanctions. Secondly, it is submitted that this draconian approach to the control of organised crime is built on false premises; specifically the idea that “organised crime” as such exists and is best controlled through restrictions on the freedom of key groups or “core nominals”.     

The Nuremberg Trial and its Impact on Germany

The impact of the Nuremberg trial on Germany has changed overtime. It is not only a question of evolving legal debate, butalso a correlation of historical, political and moral developments.The author considers the reception of the International MilitaryTribunal (IMT) trial during the Cold War. West Germany rejectedNuremberg's historic precedent, principally on the grounds thatthe Allies had enforced victors’ justice, and that theTribunal had applied ex post facto law by violating the nullumcrimen principle. Meanwhile, East Germany seemingly took upthe cause of Nuremberg by prosecuting minor Nazi perpetrators.However, this affirmation was politically motivated, and itled to inhumane abuses of power, exemplified by the Waldheimtrials. The reunification of Germany marked the beginning ofa positive approach to the Nuremberg legacy: the new generationof judges, politicians and academics was increasingly sympatheticto international criminal justice, and adopted the Nurembergprecedent by dealing judicially with crimes committed in theEast during the Cold War. The study goes on to deal with therelevance of West German legal critique for modern internationalcriminal law. The author suggests that a distinction shouldbe made between true victims of international crimes and thosewho wish to revise history by portraying themselves as such,as many West Germans did after World War II. Moreover, the ‘victors’justice’ argument must not be used to conceal the factthat justice has indeed been administered. However, the criticismof the IMT's violation of the nullum crimen principle is firmlygrounded in the German, as opposed to Anglo-American, legaltradition.     

Event and Victimization

This article contributes to recent existentialist interventions in critical criminology (see Lippens and Crewe 2009) and offers the existential concept of ‘event’ as a guiding image for critical victimology. Whereas existential criminologists have examined crime and wrongdoing, very little attention has been given to victimization. I utilize the existential phenomenology of Martin Heidegger and Claude Romano to offer a critique of existing approaches to victimization within mainstream criminology and develop an evential analytic to understand the event of victimization. This paper brings together existential philosophy and victimology to offer an alternative approach to victimization. I engage with the ‘problem of number’ in conventional victimology and offer a critique of quantitative approaches to victimization based on the unsubstitutability and singularity of existence. Through a discussion of selfhood and embodiment from an evential standpoint, this paper moves beyond existing victimological approaches to identity. I also consider the relationship between victimization and trauma. In the final section of the paper I carve out an alternative research agenda through a discussion of bearing witness and events of victimization.     

Reform of Licensing for Marine Works: Improvement and Clarification Under the Marine and Coastal Access Bill 2008

Important legislative change is underway in the marine environment. In relation to the licensing of activities which are carried out in this zone the need for change is significant for many interested sectors such as: energy generation; the extractive industries; port and harbour developments; fisheries; and bodies involved with the conservation of both natural and archaeological/cultural resources. This article considers the main aspects of the existing legislative situation in relation to marine licensing and then goes on to describe and evaluate the proposed new system to be substituted through the Marine and Coastal Access Bill (the Bill). In order to provide some basis for evaluation, the protection of underwater cultural heritage (UCH) provides a backdrop against which to assess the developments. The means by which interventions in the marine environment are currently regulated are complex, in some situations overlapping, and in others questionable as to the overall coherence of their regulatory effects. Parties which might be considered to be ‘interested’ are often excluded from formal deliberations, guidance is patchy, although proliferating, and voluntary agreements (BMAPA 2003; COWRIE 2007) on best practice within sectors have been developed in the absence of official provision—while these are undoubtedly useful, they lack the rigour of systematic legislative underpinning, which it is hoped that the Bill will address.     

Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

Restorative Justice: The Ideals and Realities of Conferencing for Young People

This paper is concerned with the nature and complexities of restorative justice. It uses Braithwaite’s (Br J Criminol 42:563–577, 2002a) framework of constraining, maximising and emerging restorative standards to understand the interactions that underpin success and failure in practice, i.e., ‘restorativeness’. Using qualitative data from observations of youth justice conferences in New South Wales, Australia, the roles of empowerment (as an example of a constraining standard), restoration of communities (as an example of a maximising standard) and remorse over injustice (as an example of an emergent standard) are examined. Findings confirm that restorative justice is best conceived as a continuum of dynamic process and outcome related values. Non-domination is paramount to achieving restorative justice. However, the presence, absence, and nature of other values such as storytelling, respectful listening, victim and support attendance, and apology are also important. They affect where a restorative event falls on the restorative continuum, and they affect the likelihood of other standards being met.     

Commercializing biomedical science in a rapidly changing “triple-helix” nexus: The experience of the National University of Singapore

Since the late 1990s, the Singapore government had embarked on a significant push to develop the city-state into a major life-science R&D and industrial cluster in Asia. Although a major focus of this new thrust involves attracting leading life science companies overseas to establish operations in Singapore and developing new public life science research institutions to attract overseas life science research talents (Finegold, Wong, and Cheah (2004)), the local universities are expected to play an important role as well. In particular, the National University of Singapore (NUS), the leading university in Singapore, has also started to pursue major strategic change to become more “entrepreneurial”, and identified life science as a major focus for technology commercialization as well. Adapting the “Triple-Helix” framework of Etzkowitz, Webster, Gebhardt, & Terra (2000), this paper examines the significant changes in the university-government-industry “Triple-Helix” nexus for life science in Singapore, and their consequent impact on life science commercialization at NUS. Implications for universities in other late-comer countries seeking to catch up in the global biotech race are discussed.      

That Was Then, This Is Now, What About Tomorrow? Future Directions in State Crime Studies

Research and theorizing on state crime has come to play an important role in the fields of criminology and criminal justice for understanding the worst of crimes: those of powerful state agencies and agents. Since William Chambliss’ (1989) ASC presidential address, scholars of state crime have made advances in theoretical modeling and analyzing core enactment and etiological factors of crimes of the state (e.g., Barak 1991; Friedrichs 1998; Grabosky 1989; Kauzlarich and Kramer 1998; Kramer and Michalowski 2005; Kramer et al. 2005; Michalowski and Kramer 2006; Mullins and Rothe 2008a, b; Pearce 1976; Ross 1995, 2000; Rothe 2009; Rothe and Mullins 2006, 2008). Nonetheless, the study of state crime still has a long way to go before it ever reaches the magnitude or legitimacy afforded to the study of traditional street crime. It is with this in mind that several leading scholars of state criminality have come together and reevaluated the state of state crime and the ways in which the field must move forward. This kind of inventory, where scholars examine the past, present and future of the field, is not without precedent. For example, almost a decade ago (Ross et al. 1999) explored the difficulty of conducting state crime research and made a series of recommendations on how it could be improved. Nearly 7 years later (Rothe and Friedrichs 2006) re-evaluated the state of state crime and called for more attention to those beyond US crimes of the state and include crimes of globalization and also international controls such as the International Criminal Court (Friedrichs and Friedrichs 2007; Rothe and Mullins 2006; Rothe et al. 2006, 2008). Since that time, there has been substantial movement by scholars of state crime in these other areas, yet, as we note, there still remains key issues that need to be addressed and overcome: it is with this that we again revisit the field of state crime. We wish to thank all of those that contributed to our discussions and thoughts during the American Society of Criminology Roundtable on State Crime I and II, November 2007.

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Addressing Gaps in the Maturity of Judgment Literature: Age Differences and Delinquency

Over the past decade, a majority of states have legislated to expand their capacity to try adolescents as adults [Griffin (2003). Trying and sentencing juveniles as adults: An analysis of state transfer and blended sentencing laws. Pittsburgh, PA: National Center for Juvenile Justice]. In response, researchers have investigated factors that may affect adolescent culpability [Steinberg and Scott (Am Psychol 58(12):1009–1018, 2003)]. Research on immature judgment posits that psychosocial influences on adolescent decision processes results in reduced criminal responsibility [Cauffman and Steinberg (Behav Sci Law 18(6):741–760, 2000); Scott, Reppucci, and Woolard (Law Hum Behav 19(3):221–244, 1995); Steinberg and Cauffman (Law Hum Behav 20(3):249–272, 1996)]. The current study utilizes hypothetical vignettes and standardized measures of maturity of judgment (responsibility, temperance, and perspective) to examine gaps in previous maturity of judgment findings (Cauffman and Steinberg 2000). This work suggests that adolescents (ages 14–17) display less responsibility and perspective relative to college students (ages 18–21), young-adults (ages 22–27), and adults (ages 28–40). Further, this research finds no maturity of judgment differences between delinquent and non-delinquent youth, but does find significant maturity of judgment differences between high and low delinquency male youth. Finally, results show that maturity of judgment predicts self-reported delinquency beyond the contributions of age, gender, race, education level, SES, and antisocial decision making. Implications for the juvenile justice system are discussed. This research was conducted in partial fulfillment of the M.A degree in Psychology from the University of New Hampshire.     

Power and Criminal Law: Criminalization of Conduct Norms in a Colonial Regime

A content analysis of the published materials in the Journal of Criminal Justice: An International Journal (JCJ), and the International Journal of Comparative and Applied Criminal Justice (IJCACJ) was undertaken to evaluate if the international functional agenda of the journals to fill the present need for dissemination of new information, ideas and methods (to both practitioners and academicians in the criminal justice area) has been achieved. It was found that there is very limited international discourse currently going on in the Journal of Criminal Justice and that the bulk of the discussion in print in the journal is virtually inter- and intra-American. On the other hand, it was found that a substantial number of materials published in the International Journal of Comparative and Applied Criminal Justice emanated from outside the United States, were written by non-U.S. practitioners and academicians, and focused on non-American criminal justice systems. It was concluded that in terms of regional composition of both journals' editorial staff, regional distribution of articles by source of origin and regional distribution of articles by subject content, the IJCACJ is more global in scope than the JCJ. The net result is that this journal is more “international” because it is seen to be more likely to generate and promote cross-cultural dialogue in the criminology/criminal justice enterprise.     

The Process Matters: Fairness in Repository Siting For Nuclear Waste

Siting contested infrastructure such as repositories for nuclear waste very often faces strong local resistance. One major reason for this opposition may arise because siting processes do not appropriately consider fairness issues such as transparency, the availability of options, or the sufficient involvement of concerned and affected people. The aim of this study was to analyze people’s concerns related to justice in siting nuclear waste. Besides procedural aspects, both distributive justice and outcome valence are considered important and therefore the “total fairness model” by T?rnblom and Vermunt (Soc Justice Res 12:39–64, 1999) was used as a framework. In three quasi-experimental studies (N ₁ = 53; N ₂ = 56; N ₃ = 83) applying conjoint analysis, respondents ranked 11 vignettes with the three attributes procedural justice, distributional justice, and outcome valence. Each vignette represents a realistic scenario of a site selection process for the disposal of nuclear waste in Switzerland. All the three studies yield a consistent result: vignettes representing a situation with a fair process are top-ranked by respondents; situations with negative outcome valence are ranked lowest; distributive issues turned out to be of minor importance. We conclude that procedural fairness should be given more attention in any kind of contested infrastructure siting and that real-world examples like the one discussed here can inform justice research.     

Is there such thing as ‘global sex trafficking’? A patchwork tale on useful (mis)understandings

This article intends to respond to a recent call (e.g., Zhang Global Crime 10(3):178–195, 2009; Brunovskis and Surtees International Migration 48(4):1–38, 2010) for more innovative studies and methodologies in order to move beyond the current discourse on human trafficking. We do so by describing three ethnographic fragments on the dynamics of (dealing with) sex trafficking within Europe. The concepts of ‘friction’ and ‘collaboration’ (Tsing Cultural Anthropology 15(3):327–360, 2000, 2005) are used to analyse these fragments. These concepts refer to creative processes that occur as people interact across differences. They give insight into how universal ideas on freedom and justice enable collaboration between parties involved in fighting human trafficking who do not necessarily share a common goal. We conclude that the presented method of ‘patchwork ethnography’ is useful in studying sex trafficking as it implies a strong focus on connections between ‘sites of diverse knowledge’, without losing sight of individual stories of people making those connections. ‘Patchwork ethnography’ is innovative and it allows researchers to expose and untangle the workings of the supposedly all-powerful phenomenon and the encompassing, uniform, hegemonic discourse surrounding human (sex) trafficking.     

Are Just-World Beliefs Compatible with Justifying Inequality? Collective Political Efficacy as a Moderator

Previous research demonstrates that the belief in a just world is often accompanied by the justification of social inequality and by low socio-political participation (e.g., Jost and Hunyady, Curr Direct Psychol Sci 14:260–265, 2005). However, studies provide evidence that the relations may be moderated by individual differences such as a person’s self-efficacy expectations to promote justice and equality (Mohiyeddini and Montada, Responses to victimization and belief in a just world, 1998). At the societal level, collective political efficacy has consistently been found to foster political participation (cf. Lee, Int J Public Opin Res 22:392–411, 2010). In our study, we tested whether collective political efficacy may attenuate the negative social impact of the belief in a just world: It is predicted that when collective political efficacy is low, a strong belief in a just world would increase the motivation to justify inequality. By contrast, when collective political efficacy is high, the belief in a just world would not increase, but potentially decrease the motivation to justify inequality. In turn, justification of inequality is expected to negatively affect socio-political participation. Data from 150 university students were analyzed using moderated structural equation modeling. In our study, the expected moderating effect of collective political efficacy on the relation between belief in a just world and justification of inequality was established empirically. When collective political efficacy was high, justification of inequality did not inevitably increase with the belief in a just world. In addition, the impact of belief in a just world on justice-promoting behavior was mediated by justification of inequality. Implications for theory and future research are discussed.     

Building better science-policy interfaces for international environmental governance: assessing potential within the Intergovernmental Platform for Biodiversity and Ecosystem Services

This article addresses implementation failure in international environmental governance by considering how different institutional configurations for linking scientific and policy-making processes may help to improve implementation of policies set out in international environmental agreements. While institutional arrangements for interfacing scientific and policy-making processes are emerging as key elements in the structure of international environmental governance, formal understanding regarding their effectiveness is still limited. In an effort to advance that understanding, we propose that science-policy interfaces can be understood as institutions and that implementation failures in international environmental governance may be attributed, in part, to institutional mismatches (sic. Young in Institutions and environmental change: Principal findings, applications, and research, MIT Press, Cambridge 2008) associated with poor design of these institutions. In order to investigate this proposition, we employ three analytical categories—credibility, relevance and legitimacy, drawn from Cash et al. Proc Natl Acad Sci 100(14):8086–8091, (2003), to explore basic characteristics of the institutions proscribed under two approaches to institutional design, which we term linear and collaborative. We then proceed to take a closer look at institutional mismatches that may arise with the operationalisation of the soon to be established Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES). We find that, while there are encouraging signs that institutions based on new agreements, such as the IPBES, have the potential to overcome many of the institutional mismatches we have identified, there remain substantial tensions between continuing reliance on the established linear approach and an emerging collaborative approach, which can be expected to continue undermining the credibility, relevance and legitimacy of these institutions, at least in the near future.     

Developing Public Safety and Crime Indicators in Taiwan

Many countries and international organisations (for example, the USA, England and Wales, Japan, the European Union and the Organisation for Economic Cooperation and Development) have developed measures of public safety and measures of the effectiveness of criminal justice agencies. This paper briefly considers the background to such comparative developments and relates these to the specific contextual conditions of Taiwan. We report the results of a study which reviewed the state of empirical indicator availability in Taiwan and sought to develop an indicator framework for those charged with the governmental task of ‘public safety’. The paper concludes by considering how such a framework can be implemented in Taiwan.