Law and Violence in Richard Wright's ‘Native Son’

This paper seeks to intervene in the continuing debate around violence as a function of law and violence as a condition of justice. It examines a key literary work of the American civil rights movement as an instance of the establishment of an ethical community anchored by the literary text, and argues that, within such a community, the literary text is the counter-violence to which the law can yield. This revised version was published online in July 2006 with corrections to the Cover Date.     

‘The Sweet Taste of Sin’—A Muslim Drug Dealer in a Nordic Welfare State

Moa is a 22-year-old Muslim dealer selling drugs at a street drug market in Oslo. The main part of the paper consists of long interview extracts from three interviews with him. The aim is to capture some of the ambivalence and complexity that might otherwise be lost in traditional scholarly analysis. In short, Moa tells how he got into drug dealing in the first place, the help he received from a well-meaning welfare state apparatus, his feelings of remorse, guilt, and shame, and the attempts he made to break with the drug trade and its life-style. Moa's story highlights differences between street life in a benevolent welfare state with a penal system famous for its open-handedness, and street life under harder socio-economic and penal conditions. Even though Moa has more opportunities than offenders elsewhere, failing in a society where most others succeed is different from failing in a larger marginalized community. Moa's story also challenges the public view of Muslim offenders and questions established assumptions about the relationship between Islam and crime.     

Race and Women’s Imprisonment: Poverty, African American Presence, and Social Welfare

Female imprisonment rates have increased proportionately more than male imprisonment rates over recent decades. There are substantial race differences in women’s rates, as is the case for men. Yet, there has been little quantitative research on the correlates of women’s imprisonment using data over time, or on potential race differences in those correlates. The present research analyzes data on black and nonblack female imprisonment rates in the 50 states for the period 1981–2003. The analyses are guided substantively by existing research on race, social threat and criminal punishment, and theory and research on the penal-welfare hypothesis. The study uses bivariate-response multilevel modeling to simultaneously examine the factors associated with black and nonblack women’s imprisonment rates. The results show that black female imprisonment rates increase when the concentration of African Americans in metropolitan areas and poverty rates grow, whereas nonblack female imprisonment rates are unaffected by poverty rates and actually decrease when African American populations become more concentrated in metro areas. Both black and nonblack women’s imprisonment rates increase when welfare spending declines. The results are consistent with social threat perspectives and the penal-welfare hypotheses.     

Family breakdown and the ‘Welfare Child’ in 19th and 20th century Britain

This article traces new cycles of interest in past children as distinct from past childhood. Recent work highlighting that a conceptualisation of childhood existed even in periods with few written records closes the chapter begun by Philippe Ariès in 1960. Instead, there has been a new surge of interest in children on the edges of family life, as well as children in similarly liminal positions between the worlds of adults and children: runaways, delinquents and orphans. Several themes in the literature are identified, based on the conflicting ideas of ‘body/mind’, ‘victim/threat’, ‘needs/rights’. It is noted that researchers are using more imaginative ways of reaching the lived experience of children than the family or institutional framework, and that an increasing link is drawn between historical and modern concerns such as child abuse and the care of ‘at risk’ children.     

‘Catching’ and ‘Targeting’: Risk‐Based Policing,Local Culture and Gendered Practices

The aim of this article is to explore cultural and practical aspects of the growing use of information and communication technology (ICT) in policing. By using empirical research on policing in Norway, the focus will be on how ICT is used as a crime prevention instrument in everyday police work and culture. The transition, which the new technologies mediate, will be explored by focusing on concepts of risk and materialization of risk‐based policing at the practice level in two cases: 1) a special unit fighting serious and organized crime utilizing proactive policing methods, police informers, crime profiling and databases, and 2) a police station focusing on low‐level crime by using a problem‐oriented policing model, transmitting responsibility for personal security onto identified ‘problem‐owners’.1 ‘Problem‐owner’ is a notion used by the police in the two cases. It is referring to the POP‐model, and whom they identify as important to participate in the risk‐management. According to Wright (: 121): “Partnership refers to a purposeful relationship between the police and the public or between the police and other agencies in the field.” Based on an examination of risk phenomena as contextual, embedded in practice and cultural settings, various stories about risk management will be told. The stories reflect different control strategies in the crime control discourses, and point to how risk‐based technologies are shaped and adapted in occupational culture and practice. The article illuminates the importance of studying the empirical complexity ICT is used in, and looks towards, to paraphrase O'Malley and Palmer (), ‘firewalls of resistance’ in the local occupational culture, that are preventing full integration of risk tools.     

Language,gender and ‘reality’: Violence against women

This paper examines the theory behind and some examples of the relationships between gender, language, cognition and perception in the context of the criminal justice system. In particular, we consider the language of domestic violence and sexual assault and how words and communication styles can affect and are affected by what we think and believe to be ‘reality’. The paper illustrates how the language used to describe violence against women may operate to minimise these acts, and the dominant conversational style and female violence victims' genderlect may collide to produce evidentiary issues and a credibility gap. We argue that there is an inherent dilemma in engaging with legal constructs which continue to negate women's understandings of reality, and that the voices of female rape and domestic violence victims remain muted by the baritone ‘voice’ of the legal system.     

The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

Expanding ‘Community’ in the Community Response to Intimate Partner Violence

Community coordination refers to a formalized system of collaboration between various social service agencies to help meet the needs of specific populations. In cases of intimate partner violence (IPV), community coordination includes a system of policies, information sharing, and referrals between the criminal justice system and counseling centers and shelters for survivors. The life model of social work practice suggests that social workers utilize both formal and informal groups as environmental resources for clients. In an effort to address the failures of community coordinated responses to IPV, community needs to be reconceptualized to include these additional groups, especially employers.     

The threat of ‘woolly-haired grandchildren’: Race,the colonial family and German nationalism

The German colonial world was marked by an ostensibly self-evident boundary between the white ruler and the black ruled that situated Europeans and indigenous peoples as diametrically opposed and socially discrete. This situation, however, was problematised by the gendered and sexualised interactions between European and indigenous society. The result was often a slippage between the administrative attempts to create recognisably ‘German’ families (perceived in racial terms), and the antinomian realities of human relationships that transgressed racial lines. This in turn gave rise to reproductive anxieties in the face of a new liminal population of ‘half-castes’ (Mischlinge) that refused the white–black, master–slave dialectic of the colonial ideal. Many historians have recently attempted to link the troubled history of race relations in German Southwest Africa to the later history of Nazi anti-Semitism and genocide, by focusing on the apparent continuities between the Holocaust and the Herero–Nama wars. However, an alternative genealogy for the Holocaust that refutes this genocidal continuity thesis is possible through an investigation of the origins and contents of the debates about the nature of the German colonial family and its relationship to German citizenship between 1904 and 1914.     

The threat of ‘woolly-haired grandchildren’: Race,the colonial family and German nationalism

The German colonial world was marked by an ostensibly self-evident boundary between the white ruler and the black ruled that situated Europeans and indigenous peoples as diametrically opposed and socially discrete. This situation, however, was problematised by the gendered and sexualised interactions between European and indigenous society. The result was often a slippage between the administrative attempts to create recognisably ‘German’ families (perceived in racial terms), and the antinomian realities of human relationships that transgressed racial lines. This in turn gave rise to reproductive anxieties in the face of a new liminal population of ‘half-castes’ (Mischlinge) that refused the white–black, master–slave dialectic of the colonial ideal. Many historians have recently attempted to link the troubled history of race relations in German Southwest Africa to the later history of Nazi anti-Semitism and genocide, by focusing on the apparent continuities between the Holocaust and the Herero–Nama wars. However, an alternative genealogy for the Holocaust that refutes this genocidal continuity thesis is possible through an investigation of the origins and contents of the debates about the nature of the German colonial family and its relationship to German citizenship between 1904 and 1914.     

Race,Immigration, and Policing: Chinese Immigrants’ Satisfaction with Police

A considerable body of research focuses on racial and ethnic minorities’ perceptions of police, yet non-Black, non-Hispanic minority groups, Asians in particular, are largely overlooked. Meanwhile, despite a fast growing immigrant population and the increasing demand on local police to enforce immigration law, research on police–immigrant relations remains limited. Using data from over 400 Chinese immigrants, this study examines the issues of race/ethnicity, immigration, and policing with a focal concern on Chinese immigrants’ attitudes toward police. Results indicate that the majority of Chinese immigrants rate police positively in overall performance and specific areas of effectiveness, integrity, and demeanor. Both universal and immigrant-specific factors are important predictors of immigrants’ attitudes. Chinese immigrants’ evaluations of police are not only affected by exposure to media coverage of police misconduct, neighborhood conditions, and city context, but also are intertwined with their opinions of their home country police and perceptions of US immigration authorities.     

Women’s Knowledge of the Domestic Violence Legislation in Erbil,Iraq and their Response to Spousal Violence

This study assessed the knowledge of 82 married women about existing legislations and law enforcement structure in Iraqi Kurdistan region to combat violence against women and women’s response to spousal violence. A female physician interviewed the participants using a specially designed questionnaire. The women possessed good knowledge about the presence of legislation (76.8 %) and related law enforcement structure (70.7 % to 74.4 %) to combat violence against women, but they lacked adequate knowledge about how to contact the law enforcement agencies. Women’s response to spousal violence primarily included self-defense (37.8 %) or keeping silent (26.8 %), rather than seeking justice (4.9 %). Women’s educational status was positively associated with reporting violence to police (52.1 % vs 29.4 %, p = 0.041) and the health staff (62.5 % vs 35.3 %, p = 0.015). Further research is needed to explore the reasons behind women’s poor knowledge of the details of the existing law enforcement structure and women’s reluctance to seek justice.     

Citizenship,Belonging and Attachment in the ‘War on Terror’

The ‘war on terror’ has had an enormous impact on citizens’ legal rights and legal status. Using data from interviews with British Pakistani Kashmiri Muslims, this paper explores how the change to citizens’ legal rights and legal status in the ‘war on terror’, the legal dimension of citizenship, has impacted the psychological dimension of citizenship. Through denoting legal rights, equality and status the study revealed the powerful role of the state and the police in shaping citizens’ perceptions of the legal dimension of citizenship. The paper explores how changes to participants’ perceptions of their legal status and legal rights are instrumental in shaping the psychological dimension of citizenship—participants’ sense of loyalty, belonging and attachment to their British identity and their Islamic identity.     

‘Female Husbands’, Community and Courts in the Eighteenth Century

While there was no specific law prohibiting sex between women in the eighteenth century, some women were prosecuted as a consequence of same-sex relationships. These ‘female husbands’, women who married other women under male identities, often lived highly individual lifestyles; but their path through prosecution and punishment involved a much more intricate web of relations. Thus an exploration of their cases highlights important features of the contemporary criminal justice system as well as popular and elite attitudes to the specific offences. In particular, understandings of the role of the community in the discovery, prosecution, and punishment of criminal offences are complicated by an examination of the female husband cases. In a crucial period of change for the legal system, the complexities of its processes as well as the impact of class, gender, and culture are exposed. Light is shed upon the shifting roles and interests of the individual, the local community, and the courts at a point when criminal cases were in the early stages of a shift from private prosecution and public punishment to greater formality and state control. These unusual cases bring into focus the complex role of community relationships in an evolving legal system.     

An Eight State Study on the Relationships Among Domestic Violence Shelter Services and Residents’ Self-Efficacy and Hopefulness

Survivors of intimate partner violence have myriad reasons why they turn to domestic violence shelter programs. While all are seeking immediate safety and feel a pressing need to leave their homes to obtain it, safety is rarely the only issue survivors are grappling with upon shelter entry. Other concerns are particular to each person’s history and circumstances, and include but are not limited to employment, counseling, social support, health care, addiction recovery services, immigration help, housing, and services for their children. The current study involved secondary analysis of survey data completed at two points in time by 565 shelter residents. The original research involved 215 domestic violence programs across eight states in the U.S., and surveys were completed by shelter residents shortly after they arrived in shelter and again as they were close to exiting. Results confirmed that survivors had numerous needs in addition to safety when entering shelter. Residents’ overall rating of how helpful their stay at shelter had been for them was predicted by how much help they had received across their presenting needs, as well as how they were treated by staff. The amount of help received, as well as treatment by staff, also related to survivors’ hopefulness at shelter exit, as well as the extent to which they felt better able to do things on their own. The study findings provide further evidence that domestic violence shelter staff assist residents with a variety of complex needs in addition to safety, and that this assistance is related to positive outcomes for survivors.     

Consent or Property? Dealing with the Body and its Parts in the Shadow of Bristol and Alder Hey

This article first considers the tenuous base on which the law of property in the body is founded, and then discusses the practical results of this in the light of the recent furore surrounding events at Bristol and Alder Hey. The authors suggest that neither the consent-based model followed by the official inquiries into these events nor a possible policy based on a full-blown property model adequately cover the private rights of an individual's next of kin or the right of the public to an efficient and reliable pathological service within the NHS. Rather, they propose that a combined model in which a 'cascade of possession' for the recognition of various property interests is initiated by assent on the part of the next of kin and terminates in full possession of the body vested in the executor for the purposes of its disposal. The authors recommend further that any reform of the law should apply property rights to body parts taken from both the living and the dead.     

Between the ‘Home’ and ‘Institutional’ Worlds: Tensions and Contradictions in the Practice of House Arrest

In this paper we argue that the theoretical work of Goffman (1961) on “total institutions,” Foucault’s (1977) insights into the workings of disciplinary power, and an account of contemporary forms of punishment and social control in postmodern society (Staples 2000) help us better understand the experiences of those individuals sentenced to house arrest. Based on face-to-face interviews with twenty-three people being electronically monitored in a Midwestern metropolitan area, our analysis identifies three themes that illustrate the ways in which electronic monitoring is experienced as a complex amalgam of what Goffman (1961, p. 13) saw as the distinct “home world” and the “institutional world”. These themes include (1) “Home is Where the Machine Is,” (2) “Producing Docile Bodies,” and (3) “Threat of Sanctions”. We reassert our claim (Staples 1994, 2000) that contemporary forms of social control such as electronic monitoring reflect an ongoing struggle to deal with problems and issues set in motion with the birth of modernity.     

Adolescent Male and Female Gang Members’ Experiences with Violent Victimization, Dating Violence, and Sexual Assault

A substantial amount of scholarship has been devoted to examining the relationship between gang membership and criminal offending. This research has produced a wealth of qualitative and quantitative studies indicating that gang membership increases the likelihood of criminal offending for both males and females. Less research, however, has examined the relationship between gang membership and violent victimization. The present study adds to the literature by examining the relationship between gender, gang membership, and three types of victimization. Specifically, this paper focuses on whether self-reported gang membership is uniquely related to victimization experiences for females compared to males. Results from a statewide survey of public high school students in South Carolina indicate that gang membership is significantly related to the risk of victimization for both males and females. The implications of these findings for research and policy are discussed.