The Disposition of Juvenile Records: An Interagency Comparison

This paper was presented at the Academy of Criminal Justice Sciences' Annual Meetings, St. Louis, Missouri, March, 1987. We also wish to thank the Administrative Office of the Courts of the State of California for their support, and all the agencies that participated in the survey.     

Legal obligation as a duty of deference

An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to deny that they owe deference to state norms. However, if the duty of deference stemmed from people’s decision to regard the law as valuable as Soper argues, then people who do not admit the value of the state would have no duty as such to defer to its norms. And, more importantly, people who admit the value of the state would have a duty not to defer to particular norms, namely those norms which violate the values that ground their preference for a state. This critique of Soper operates within his parameters by accepting his claim that moral consistency generates reasons to act. Even on those terms, Soper’s defence of legal obligation as a duty of deference is unpersuasive. I wish to thank John Tasioulas, Joseph Raz, Bill Edmundson, Adam Cureton, the editors and referees of Law and Philosophy, and the participants of the Society for Applied Philosophy 25th anniversary conference, July 2005, St Anne’s College, Oxford.     

Locating Humour in Indian Buddhist Monastic Law Codes: A Comparative Approach

It has been claimed that Indian Buddhism, as opposed to East Asian Chan/Zen traditions, was somehow against humour. In this paper I contend that humour is discernible in canonical Indian Buddhist texts, particularly in Indian Buddhist monastic law codes (Vinaya). I will attempt to establish that what we find in these texts sometimes is not only humourous but that it is intentionally so. I approach this topic by comparing different versions of the same narratives preserved in Indian Buddhist monastic law codes. This is a revised version of a paper presented at the XVth Congress of the International Association of Buddhist Studies, Atlanta, Georgia, USA, June 23-29, 2008. I wish to acknowledge financial assistance from the Arts Research Board, McMaster University.     

Changes in Legislative Support for the Governor's Program Over Time

Abstract This study examines changes in legislative support for the governor's legislative agenda in Georgia during the governor's first term in office (1991–94). I analyze the factors that led legislators to support the governor's agenda, as well as how the level of support changed between election years and off‐years. I use multivariate OLS models of gubernatorial support to determine how support varied (1) between the parties, (2) between factions within parties, and (3) over time. I find that there was wide variation in support among factions in the majority party and that support varied widely between election years and off‐years.     

Jābir,the Buddhist Yogi

This paper is dedicated to the memory of Victor Danner. I would like to thank Dan Martin for his many valuable contributions to this paper, and to the Research Institutes for Imer Asian Studies for their financial support.     

HIGH-CONFLICT CUSTODY CASES:Reforming the System for Children

The goal of this interdisciplinary, international conference was to develop recommendations for changes in the legal and mental health systems to reduce the impact of high-conflict custody cases on children. The participants in the conference wish to thank the American Bar Association Family Law Section and The Johnson Foundation for bringing us together to discuss this extremely important topic and for facilitating the creation of this conference report.     

Mental Capacity as Metaphor<Superscript>*</Superscript>

Mental capacity is a foundational concept in contract law, but the term is metaphorical, and a detailed analysis of three representative judicial opinions shows that the explanations that courts give of the term are equally metaphorical. As such, the term illustrates well the cognitivist view that abstract concepts arise through an imaginative but orderly projection from the domain of bodily and social experience. Legal Realists such as Felix Cohen condemned metaphors for their supposed failure to constrain judges, but recent empirical work suggests that metaphorical thinking is indeed constrained, and accordingly thinkers such as Cohen would probably in fact have welcomed cognitive analysis of law, both for its methods and for its substantively progressive disposition. ^*I am grateful to Andrea Coles-Bjerre, Mark Johnson, Jim Mooney, and Steve Winter for insightful comments on a draft of this article, to Stephen Morse for insightful commentary at a panel of the International Congress on Law and Mental Health in Amsterdam, and to participants at the International Roundtables for the Semiotics of Law in Lyon, the American Association of Applied Linguistics in Portland, and the Association for the Study of Law, Culture and the Humanities in Austin. For much-appreciated editorial support I thank Sophie Cacciaguidi-Fahy and Anne Wagner, and for financial support I thank the Luvaas Faculty Fellowship Endowment Fund.     

On the evaluation of procedural systems in laboratory experiments

Conclusion This article has criticized various aspects of the Thibaut and Walker research. Thibaut and Walker have greatly contributed to the study of procedural justice by conceptually isolating issues and suggesting ways they can be empirically studied. Our criticisms in Section I point out weaknesses in the design of particular experiments but do not question the appropriateness of laboratory research on the operating characteristics of procedural systems. In this realm, Thibaut and Walker's work will provide the starting point for future research.We do question the appropriateness of laboratory research for answering subjective questions, as outlined in Section III. While we agree that experimental research can indicate how people feel about a system, we do not think that objective measurement of the incidence of such subjective feelings tells us anything about the objective qualities of the systems considered. The assertion that one system is superior to another because some people feel it is so goes beyond the limitations of the experiments and the data. This type of overgeneralization is seriously misleading when it is used to support policy recommendations, particularly when other factors, such as the costs we discuss in Section II, are not considered.We wish to thank Dr. Jacqueline Macaulay, Professor Stewart Macaulay, and Dr. Neil Vidmar for their comments on an earlier draft of this article. Responsibility for its contents rests solely with us.     

Evaluation and integration of eyewitness reports

This study examined how mock jurors assess eyewitness credibility and integrate these assessments with judgments of probative value in simple, corroborating, contradicting, and facilitating inference structures. Subjects listened to an audiotape of a fictional, theft trial. In Experiment 1, contrary to prior research, amount of detail in the target witness's testimony did not influence perceived credibility. In addition, a normative Bayesian rule poorly described subjects' integration of the evidence. A rule that combinedp(event/guilt)weighted by credibility better described the judgments. Experiment 2 was designed to identify variables that affect credibility, given that amount of detail did not. Perceived credibility of the target witness was affected by the credibility of a second witness, and the nature of the effect depended upon the type of inference structure., The results of Experiment 3 suggest that an additive version of the decision rule describes judgments of guilt better than an averaging version.This article is based upon a doctoral dissertation submitted to Indiana University. I would like to thank my advisor, N. John Castellan, Jr., and the other committee members: Igor Gavanski, Margaret J. Intons-Peterson, and Steven J. Sherman. I also wish to thank Janet Magnuson for serving as legal advisor; Kelvin Bartel, Todd Dukes, Justin English, Katherine Harmening, Diana Heise, Nancy Lightfoot, Brigette Oliver, Chris, Reintz, Doug Smith, and Julie York for helping to prepare audiotapes; Tamara Levinson and Sandra Vitous for helping with data collection; and two anonymous reviewers for providing useful comments on an earlier version of this paper.     

School crime policy changes: The impact of recent highly-publicized school crimes

Highly-publicized school shootings have heightened concern over school safety. This study examines the impact of school crimes on campus policy. The administrators of 336 Texas middle and high schools were surveyed. Policy changes were related to parental complaints about school crime policies and administrator perceptions that students felt less safe. School administrators should base safety policies on strategies that have been evaluated for their effectiveness in reducing school crime and fear. The authors wish to thank the anonymous reviewers for their helpful comments.     

The Role of the Lay Assessors in The German Democratic Republic (GDR)

Editor's Note: Dr. Buchholz is a regular contributor to this journal. He is a leading scholar on international law and has published numerous articles and book chapters not only in his own country but also in socialist countries and in the West. Some of his works are being translated into English, i.e., Socialist Criminology (with R. Hartmann, J. Lekschas and G. Stiller, published by D. C. Heath, 1974 edition). His most recent publication appeared in Vol. 9, No. 2, (Winter, 1985) pp. 59–70, entitled Some Aspects of the Development of the Penalty System in the German Democratic Republic. Currently Dr. Buchholz is the Director, Dean, and Professor in the College of Law, Humboldt University, East Berlin. He is a permanent member of the Presidency of the Council for Scientific Investigation of Legal Science at the Academy of Science of the GDR and the International Association of Penal Law. On behalf of the journal staff, we wish to take this opportunity to thank him for his contributions to the fund of knowledge in the field of criminal justice, here and abroad.     

The Case of the Hypocritical

This paper analyzes the idea of critique as an idea, in relation to the problematic fiction of legal foundations. In doing so, it refers to the work of Giorgio Agamben and Jean-Luc Nancy. In particular, Jean-Luc Nancy’s concept of the lapsus of right (jus) is explored in relation to the fiction of a Law of law and the notion of the Right to have rights. The paper argues for the conception of an immanent critique of law that seeks to have done with foundational judgments as primary to critique. To have done with judgment as primary is crucial as judgment is the way in which philosophies of law have attempted to establish their own justification while claiming that such a ground or justification comes from an external source. Instead, what is to be reconceived and in a preliminary way is that critique and its concepts are intimate to their problems and vice versa. I wish to thank each of the participants to this issue for their effort and their kind collaboration and V. Kelley for her invaluable assistance in the final editing process. I thank C. Douzinas for introducing me to the work of Jean-Luc Nancy and P. Fitzpatrick and S. Motha for sharing their paths of reading. Especial thanks to A.␣Schütz, E. Loizidou, N. Moore, J.á. Bellido Anon and A. Bottomley for discussions on disagreement. Gratitude is owed to J.-L. Nancy for inspiring thoughts and writings and for the sweetness in response to my suggestion that there are no antidotes to the poisons we write. This is for the wonderful Elene.     

Politics and white collar crime: Explaining government intervention in the Savings and Loan Scandal

The Savings and Loan Scandal of the 1980s was the biggest crime ever perpetrated in the United States. While several studies have examined the causes of the crime (e.g., deregulation, increase of insurance coverage to $100,000, fluctuations in the economic markets, greed), few scholars to date have studied state intervention in the industry after the crime had been committed. We explore the questions of when and how state managers intervene in the actions of the powerful by supplementing state theory with the literature on the social construction of social problems. Revised version of a paper presented at the annual meeting of the American Society of Criminology, Miami, November 1994. The authors would like to thank the College of Criminal Justice of Sam Houston State University for financial support in searching newspaper data bases and Henry Pontell for comments on an earlier version of this paper.     

Inner-city birth rates following enactment of the Minnesota parental notification law

An increase in birth rates to Minneapolis minors following the enactment of a parental notification law was examined. A well-publicized link between increasing birth rates and the law is shown to have been premature. Birth, abortion, and population data by age, race, and region suggest that the increasing birth rate in Minneapolis was not related to parental notification, but rather to a growing racial minority population.Preparation of this article was supported in part by an Aldeen Grant from Wheaton College. The authors wish to thank the Minnesota Center for Health Statistics, particularly James Wigginton and Carol Vargas, for their considerable work to provide birth, abortion, and population data in a form suitable for the current analysis. The authors also thank Americans United for Life for purchasing the data and providing them to the authors.     

The acquisition and retention of Job-specific Spanish vocabulary by English-speaking law enforcement officers

In the United States, law enforcement officers may need to communicate with suspects or witnesses who are not native speakers of English. We assessed the effectiveness of the Officer Safety and Communication Spanish, Level I course (Alentado, 1995), a three-day workshop designed specifically for law enforcement personnel. Both role-play performance and perceived ability of the officers to use Spanish at work increased as a result of participation, and effectiveness did not decrease significantly six months after the course. Assessment of the effectiveness of study aids was inconclusive. Job-specific short courses in a second language can be effective for teaching limited language skills. Authors’ Note: This research was supported by a Saint Vincent College Faculty Development Grant. The researchers would like to especially thank and acknowledge the work of Jose M. Alentado, creator of the Officer Safety and Communication Spanish Level I course, President, Partners in Training Consultants, Inc. We would like to express recognition and gratitude to Captain Kevan Dugan of the Pennsylvania State Police for his contribution to the design of the role-play evaluation scales and for coordinating the logistics for this research. We are extremely grateful to all the law enforcement officers who participated in this study, especially those from Pennsylvania. Without their cooperation and the interest and support from Sergeant Clifford Jobe of the Pennsylvania State Police Southwest Training Center, this research would not have been possible.     

Punishment as language: Misleading analogy for desert theorists

I should like to thank Anthony Duff, Igor Primoratz, and Don Scheid for helpful comments on one or another early draft of this paper. I should also like to thank those who discussed the penultimate draft at a sessio of the Mid-western Division Meeting, American Philosophical Association, 27 April 1991, especially Jacob Adler, my official commentator, for helping to give the paper its final polish (without polishing it off).     

Order in the Piazzi case

University Health Services, Inc. petitioned the Superior Court of Richmond County, Georgia, for an order to maintain life support systems for Donna Piazzi, a brain dead patient, to preserve the life of her quickened, nonviable fetus until the point of delivery with a reasonable chance of survival. Robert Piazzi, the husband, requested termination of support. The guardian ad litem of the fetus and David Haddon, the putative father, requested maintenance of support. The Division of Family and Children Services argued that the Court lacked jurisdiction. The Court concluded that, based on case law and on Georgia statutes, only the mother has the right to terminate a quickened, nonviable fetus and that public policy requires the maintenance of life support systems for a brain dead mother as long as there exists a reasonable possibility that the fetus may develop and survive.     

Actuarial risk assessment: Reflections on an emerging social-scientific tool

The purpose of this paper is to highlight recent developments in the practice of empirical social research, paying particular attention to the relationship between social-science practice, social-control strategies, and the role of interpretive frame-works. The essay describes how the social-scientific emphasis on quantification within a value-neutral framework corresponds to an overall reluctance within the social sciences to evaluate the phenomena of social life within an historical and moral context. Within this framework, it is argued that actuarial risk assessment, as a social science practice, meets the managerial needs of advanced industrial societies by legitimating interpretive frameworks which focus primarily on prediction as the main criterion in understanding social processes and by producing concrete technologies which facilitate the management effort. This essay calls upon quantitative social scientists to reflect upon the ways in which our practices and products may inadvertently project value positions that ought not be promoted without critical evaluation. This essay won first place in the 1998 American Society of Criminology Graduate Student Paper Competition sponsored by the Division on Critical Criminology. I wish to thank Drs. Patrick Akard, Henry J. Steadman, and John Monahan for commenting on an earlier draft of this essay.     

Is it unethical to offer predictions of future violence?

An examination of the nature, foundation, and consequences of predictive testimony about future violence does not support the assertion, sometimes heard, that such testimony is necessarily unethical. Certain types of predictive testimony about future violence may have adequate scientific support. Moreover, society does not require certainty about future violence in order to restrict various liberties. Proper performance of an evaluation related to certain types of predictive testimony can provide an adequate foundation for the testimony. Finally, a consideration of the consequences of legal proceedings that restrict liberty does not support the conclusion that predictive testimony is necessarily ethically improper merely because it uses probabilities that create the potential for a significant number of false-positive legal decisions. Therefore, we would not advise psychology, psychiatry, or the courts to conclude that predictions of dangerousness as a class are unethical.This paper was supported in part by funding from the John D. and Catherine T. MacArthur Foundation Research Network on Mental Health and the Law. The authors wish to thank Alexander Greer, John Monahan, Stephen Morse, and Ed Mulvey for their helpful comments on an earlier draft.     

Exploring relations between crime and disadvantage on merseyside

The research discussed in this article is supported by Economic and Social Research Council grant number L210252014 as part of the Crime and Social Order Research Programme. This analysis utilized the Spatial and Temporal Analysis of Crime software developed by the Illinois Criminal Justice Information Authority. Any opinions, findings and conclusions or recommendations expressed in this publication are those of the authors and do not necessarily reflect the view of the Illinois Criminal Justice Information Authority. The authors also wish to thank Merseyside Police and the Merseyside Information Service for supplying data sets used in the research.