Women Offenders and the Gendered Effects of Public Policy1

At 17%, women represent a significant proportion of all offenders under criminal justice supervision in the US. Drawing on the findings from their report, “Gender-Responsive Strategies: Research, Practice, and Guiding Principles for Women Offenders,” the authors maintain that public policy has ignored the context of women's lives and that women offenders have disproportionately suffered from the impact of ill-informed public policy. This discussion of the implications of gender within the criminal justice system is based on a simple assumption: responding to the differences between women and men in criminal behavior and to their antecedents is critical to gender-responsive policy. Building on the pathway theoretical perspective, we find that in addition to the gendered impact of the war on drugs, policy changes in welfare reform, housing, and other social policy arenas combine to create a disparate impact on drug abusing women and women of color. Key policy areas affecting the lives of women offenders and their children include welfare benefits, drug treatment, housing, education, employment, and reunification with children. We conclude that addressing the realities of women's lives through gender-responsive policy and programs is fundamental to improved outcomes at all criminal justice phases. A blueprint for gender-responsive policy development is described through six guiding principles and their policy implications.     

Justice as Fittingness

Law and Philosophy -     

The irresistible force of freedom of speech meets the immovable object: trade mark law in South Africa

Legal context. The right of freedom of expression is a fundamentalright entrenched in the Bill of Rights incorporated in the SouthAfrican Constitution. While intellectual property rights donot enjoy this status, they are internationally recognised rightsgranted by a law of general application and may thus in termsof the Constitution limit the fundamental rights protected inthe Bill of Rights, and more particularly the right of freedomof expression. Where the enforcement of trade mark rights comes into conflictwith the right of freedom of expression, the two rights mustbe weighed up against one another and the competing interestsof the owner of the trade mark against the claim of expressionof a user without permission must be considered. The departurepoint of the weighing up process is that neither right is superiorto the other. Key points. This article discusses an action brought by SabmarkInternational, which claimed that Laugh It Off Promotions CCinfringed its registered trade mark BLACK LABEL in respect ofbeer by using a corruption of this mark with strong politicalundertones as ornamentation on T-shirts sold by it. It was claimedthat the offending use diluted Sabmark's registered trade mark.In an appeal, the Constitutional Court rejected the claim onthe basis that Sabmark had not shown that the offending usewas likely to cause economic damage to it. Practical significance. The case in effect equated trade markrights with rights enshrined in the Bill of Rights and thusgave important recognition to intellectual property rights.It created a precedent in intellectual property law, if notin South African law in general, in that the constitutionalcourt overruled a decision of the Supreme Court of Appeal (SCA)and in effect ruled that the SCA had not interpreted the relevantprovision of the Trade Marks Act correctly.     

Perceptions of control,depressive symptomatology,and self-esteem of women in transition from abusive relationships

The relation between women’s histories of experiencing violence and current psychological health were examined. Locus of control, feelings of personal power, depressive symptomatology, self-esteem, and judgments of control over a contingently responsive computer display were investigated in groups of 21 abused women and 18 comparison women. Within the sample of abused women, relationships between severity of abuse and the psychological variables were also examined. The group of abused women had lower beliefs in self-efficacy, were more depressed, and had lower self-esteem than the comparison women. There were no differences found, however, between the two groups in perceptions of control on the computer task. Severity of physical abuse among the abused women was positively correlated with depression scores. Verbal abuse was found to contribute significantly to many of the between-group differences. Empirical evidence of the positive impact of transition house residence on the abused women’s mental health was also presented. The importance of future research into both the differential effects of verbal and physical abuse on women and the role of the transition house in empowering abused women were discussed.     

Heat Waves,Droughts, and Preferences for Environmental Policy

Using data from a new household survey on environmental attitudes, behaviors, and policy preferences, we find that current weather conditions affect preferences for environmental regulation. Individuals who have recently experienced extreme weather (heat waves or droughts) are more likely to support laws to protect the environment. We find evidence that the channel through which weather conditions affect policy preference is via perceptions of the importance of the issue of global warming. Furthermore, environmentalists and individuals who consult more sources of news are less likely to have their attitudes toward global warming changed by current weather conditions. These findings suggest that communication and education emphasizing consequences of climate change salient to the individual's circumstances may be the most effective in changing attitudes of those least likely to support proenvironment policy. In addition, the timing of policy introduction could influence its success.