Knowledgeable Judges Make a Difference: Judicial Beliefs Affect Juvenile Court Transfer Decisions

This study examined how judicial knowledge and attitudes about transfer affects transfer decisions by juvenile court judges. Participants included 232 juvenile court judges from around the country who completed a vignette survey that presented a prototypical case involving a serious juvenile offender. Participants were asked to decide whether the juvenile should be transferred and to rate his rehabilitative potential. Judges who believed in the deterrent effects of transfer were more likely to recommend that the juvenile be transferred and to rate him as having lower rehabilitative potential. More experienced judges saw greater rehabilitative potential in the juvenile and were less likely to transfer him to the criminal court. Overall, judges tended to think that transfer lacked general and specific deterrent effects, endorsed rehabilitative over punitive goals in sentencing, and felt positively about the juvenile justice system's effectiveness in handling serious offenders. Yet, a sizable minority of judges felt otherwise. The implications of the findings for judicial education and legal advocacy are discussed.     

To Patent or Not: Faculty Decisions and Institutional Success at Technology Transfer

We draw on qualitative data derived from field work on two university campuses to develop an explanation for widely disparate rates of new invention disclosure. We argue that faculty decisions to disclose are shaped by their perceptions of the benefits of patent protection. These incentives to disclose are magnified or minimized by the perceived costs of interacting with technology transfer offices and licensing professionals. Finally, faculty considerations of the costs and benefits of disclosure are colored by institutional environments that are supportive or oppositional to the simultaneous pursuit of academic and commercial endeavors.     

The Effects of Juvenile Transfer to Criminal Court on Incarceration Decisions

The present study examined the effects of institutional pressures on homeland security preparedness among law enforcement agencies in Illinois. The data come from the Illinois Homeland Security Survey (IHSS). Specifically, the study employed three theories to explain homeland security preparedness: contingency theory, resource dependence theory, and institutional theory. We hypothesized that institutional pressures will lead to isomorphism as agencies attempt to conform to institutional expectations about appropriate activities in a homeland security era. To evaluate these theories and their impact on homeland security practices, the authors used confirmatory factor analysis. The IHSS data lend strong support to the application of organizational theory as a lens through which homeland security preparedness can be understood. Institutional pressures, such as professional and government publications, training, professional associations, and the actions of peer agencies, significantly influenced municipal and county agencies in Illinois. Funding, while often thought important to encourage preparedness, was not a significant predictor. The results of this analysis advance our understanding of homeland security preparedness via institutional theory by suggesting that the larger environment is salient.     

Westmoreland County Youth Commissions: A Diversionary Program Based on Balanced and Restorative Justice

The Westmoreland County Youth Commission is a diversionary program based on Balanced and Restorative Justice. The purpose of the program is to reduce caseload and lower costs of the juvenile court as well as provide youths with a rehabilitation program with close supervision. This study was exploratory in nature to describe what has been happening with youths diverted to the Youth Commissions. Data was collected from the 19 Youth Commissions, and a total of 559 cases were reviewed. Outcome data reveals that young offenders were assessed individually, and sanctions were imposed to hold them accountable, cultivate competency, and have them become cognizant of their part in community protection/public safety. Overall, 91% of the youths completed the program. Thus, this program appears to be a viable alternative to juvenile court processing.     

Decisions: Carltona and the CUC Code

The Committee of University Chairman publishes a code of good practice designed, among other things, to ensure clarity about the authority on which decisions are taken on behalf of universities, subordinate domestic legislation created and the exercise of discretion regulated. In Carltona Ltd.v. Commissioners of Works [1943] 2 All ER 560 AC the question was whether civil servants were acting ultra vires if they acted on behalf of a competent authority without reference to that authority. Oxford and Cambridge, which preserve an ancient system of governance by direct academic democracy, remain testbeds of this principle, for their administrators are in effect their ‘civil servants’, not their managers. This article examines the questions which are arising as both universities begin to create Senior Management Teams, and the implications for the higher education sector more widely.     

明清州县司法审判中的“人情”因素——以“一女二嫁”、“典雇妻女”、“买休卖休”案件为中心

明清州县官员在审理有关一女二嫁、典雇妻女、买休卖休案件时,其判决结果有时与法律制度有较大的出入。判决结果与法律制度的冲突在明清州县司法审判中是较为常见的现象。这些判决体现了官员们顺人情、体风俗的观念,是中国传统司法文化的基本特点。     

Antidepressants at Autopsy in Hispanic Suicidal Youth in Miami‐Dade County,Florida*

Abstract: Controversy has surrounded the use of antidepressants and suicidal behaviors in youth. This study reviewed the Medical Examiner’s Office records of 253 persons aged 24 years or younger classified as suicides in Miami‐Dade County, Florida, from 1990 to 2007. Information was collected regarding demographic information, suicidal characteristics, psychiatric and psychosocial factors, and toxicology results. Eighty‐five percent of the sample was men, and 53.4% of the subjects were Hispanic. Consistent with previous literature, the existence of antidepressants at autopsy was rare; present in only 6% (n = 15) of the victims. The occurrence of antidepressants was not significantly different between Hispanics (n = 7) and non‐Hispanics (n = 8). The incidence of antidepressants was weakly correlated with a tendency to be men and no history of psychiatric illness. The presence of antidepressants in Hispanic youth suicide victims was similar to non‐Hispanics.     

Youth Crime: Whose Responsibility?

Responsibility is an increasingly important concept within both political and academic debates about youth justice. As an alternative approach to youth crime, restorative justice ideology has contributed to this debate. Restorative justice emphasizes the importance of repairing harm by encouraging offenders to address past behaviour and to become responsible for future actions. This article reflects on empirical findings from the author's research with 41 young offenders who were the subjects of Referral Orders, a purportedly restorative disposal. It considers how successfully the English youth justice system has adopted this approach, arguing that there is a significant difference between the theory of restorative justice and its use in practice. To some extent, New Labour's emphasis on the criminal justice system has missed the point behind the ideology of restorative justice and the wider opportunities it offers for a proactively restorative society.     

The Public Prosecutor as Key-Player: Prosecutorial Case-Ending Decisions

This article presents the core issue of an 11 European countries study on the processes of diversion and prosecution with the public prosecutor as the key player. In consequence of a high workload large proportions of mass crimes are not brought before court, but are ended at earlier stages of criminal justice systems. Here the public prosecution service fulfils a selective function which differs from country to country according to its legal status and discretionary powers. Therefore the prosecutorial case-ending decisions in form of dismissal of proceedings, conditional disposals and penal orders can not be treated in isolation, but in dependence of its role within the whole criminal justice system and especially of the input from the police level.     

The King County (Washington) Systems Integration Initiative: A First Look at the Kent District Dual System Youth Pilot Program

King County is one of five counties in Washington State participating in the John D. and Catherine T. MacArthur Foundation's Models for Change juvenile justice reform initiative. One key aspect of King County's Models for Change participation involves ongoing “systems integration” work intended to improve how youth who have cross‐over involvement in multiple systems—e.g., juvenile justice, child welfare, education, mental health, and/or others—are handled. These cross‐over cases often present a range of challenges to juvenile courts including substantial risk factors that increase their likelihood of continuing system involvement. This article provides a first look at an emerging pilot project in King County that is intended to improve how cross‐over cases are handled by child welfare and juvenile probation with the longer term goal of improving outcomes for these difficult cases.     

Guilty Plea Decisions: Moving Beyond the Autonomy Myth

When a defendant pleads guilty to a criminal charge against them their conviction may be justified on the basis of autonomy rather than accuracy. In this context, autonomy can make the difference between a legitimate conviction and the breach of fundamental rights. However, autonomy in this context is not clearly defined. This article argues, based on philosophical conceptions of autonomy and empirical realities, that true autonomy is an ideal rather than a practical reality. It considers the level of autonomy necessary to legitimise a criminal conviction via plea, and suggests that current conceptions of autonomy are inadequate since they rely on a formalistic autonomy ‘myth’, presuming autonomy in the absence of threats. An analysis drawing on original empirical data from two studies demonstrates how autonomy may be being depleted to unacceptable levels in the current system. The article concludes by presenting reform proposals.     

Youth Gangs: A 1990s Perspective

The juvenile gang in the 1990s differs in many significant ways from the gangs described in the “classical” gang studies of the 1950s and 1960s. Juvenile justice professionals should be aware of the changes in the nature, organization, motivation, and activities of gangs and plan intervention strategies accordingly. One important issue in gang research—one which has great implications for public policy—is defining “gang” and “gang-related crime.” The existence of a “gang problem” in a community may be more related to the definition of “gang” and “gang-related” than to the objective issue of whether, or not, a gang problem exists. Further issues relating to the gang of the 1990s involve changing age and sex distribution of gang members, increasing violence by gangs, and deeper involvement with drug distribution. Implications for public policy are discussed.     

Youth Mental Health First-Aid: Juvenile Justice Staff Training to Assist Youth with Mental Health Concerns

Many youth in juvenile justice settings meet criteria for a mental health condition. Front line staff need to be able to recognize and respond to their needs, but training is often lacking. Youth Mental Health First Aid (YMHFA) is an 8-hour training for adults without mental health education to recognize and assist distressed youth. This study surveyed 1,279 [State blinded] DJS front-line staff trained in YMHFA. Of 338 returned surveys (26% response), 44% reported using YMHFA skills at work, 56% in preventing a crisis, 25% during crises. Respondents rated YMHFA as significantly improving their responsiveness to distressed young people.