Too Many Black Men: The Sentencing Judge's Dilemma

Legal reform sometimes has unanticipated, even ironic, results. A good example is federal legislation adopted in the 1980s that was supposed to enhance equity in sentencing. Congress, like many state legislatures in this period, reduced judicial control over sentencing by adopting presumptive sentencing guidelines for all serious criminal offenses and mandatory sentences for some specific crimes. Reformers did succeed in reducing judicial discretion in the sentencing process, but racial disparities have gotten much worse. Unprecedented numbers of minorities, particularly black men, are going to jail for long terms. The situation leaves trial judges in a difficult position. They are legally bound to implement a sentencing regime that many of them believe is racially discriminatory. Herbert Jacob's work on criminal trial courts provides a framework for investigating this problem. As Jacob's organizational approach predicts, judges were initially more troubled by the diminution of their powers than by the emerging pattern of increased minority incarceration. Nevertheless, some judges have criticized the racial implications of the sentencing law, protesting in various, resourceful ways. Judicial resistance to a law on moral grounds, though rare, is significant because it represents a break in the ranks of officialdom that enhances the moral credibility of critics of the current law.     

Penal harm and unusual conditions of confinement: Inmate perceptions of ‘hard time’ in jail

Despite the increasingly punitive public policies of the past three decades and the concomitant ‘get tough’ rhetoric aimed at reducing prison and jail amenities, little is known about inmates’ perceptions of punishment. Prison and jail administrators often justify their efforts to increase the “pains of imprisonment” for incarcerated offenders on the basis of retribution and deterrence, but these policies appear to be more symbolic than substantive in nature. Using interview data from 232 inmates about to be released from a large county jail renown for its ‘get tough ’ policies, this study examined inmate perceptions of their unusual conditions of confinement. Findings suggest that many of these policies were benign or even counterproductive to the extent that they promoted a defiant response from offenders.     

Forensic odontology lessons: multishooting incident at Port Arthur,Tasmania

On Sunday 28 April 1996 a lone gunman killed and injured many people at the historic penal settlement ruins at Port Arthur in South Eastern Tasmania, Australia. Thirty-two victims were shot dead and 19 were injured in a short time inside a cafe and along the roadway leading to the site entrance. The gunman then took one hostage to a nearby guest house which was occupied by a married couple. Police stood siege during the night. Early the next day the cottage began to burn and a man suspected to be the gunman eventually ran unarmed from the building with his clothes alight and was arrested. The house burned to the ground. Three bodies were later located in the burnt ruins. Forensic odontology played a role in the retrieval of evidence and identification of the incinerated victims. Lack of antemortem dental records for one victim necessitated the reliance on a single CT scan radiograph for matching with the remains. Fire scene procedures, evidence collection and other issues were reviewed. The overwhelming scale of this tragedy and its adverse effects on the Tasmanian community, especially the victims' families and survivors, cannot be overestimated. While acknowledging this, it is important that lessons are learnt from tragedies such as these. This paper is presented with a view to assisting forensic odontologists in the investigation of complex incidents.     

Prevalence of psychoactive substances in truck drivers in the Nord-Pas-de-Calais region (France)

A previous study conducted in 1995 showed that psychoactive drug use by workers was higher in safety/security workstations than in the rest of the labour force. In order to verify this finding, we conducted a new study in 2003-2004 in the Nord-Pas-de-Calais region, restricted to truck drivers. The aim of this study was to allow harmonizing the professional practice of the occupational physicians, proposing drug prevention and drug testing policies, validating the analytical methods and the guidelines in case of positive testing results. One thousand truck drivers were studied. Urines were tested for amphetamines, cannabinoids, cocaine, opiates, benzodiazepines, buprenorphine and methadone by immunoassay. Urine ethanol determinations were performed by an ADH method. Positive urines for drugs of abuse, methadone or buprenorphine were then tested by gas chromatography or liquid chromatography coupled to mass spectrometry. Out of the 1000 drivers, cannabinoids were detected in 85 cases, opiates in 41 cases, amphetamines in 3 cases and cocaine in only one case. Buprenorphine was detected in 18 cases, methadone in 5 cases and benzodiazepines in 4 cases. Urine ethanol was positive in 50 cases. We found only one case with 6-monoacetylmorphine. Other positive opiates were metabolites of antitussives. The relatively low number of benzodiazepine positive urines could be explained by the lack of sensitivity of the test we used. All these results confirm those of the previous study for cannabinoids and ethanol in safety/security workstations. Positive results for methadone and buprenorphine are eight times higher than in the general population. In conclusion, the authors think that it will be of a great interest to test urine of truck drivers for other classes of psychoactive drugs, using a liquid chromatography-mass spectrometry method.     

Female delinquents in a birth cohort: Tests of some aspects of control theory

In the light of the rather low, empirical interest in the etiology of female crime and delinquency, this study presents and discusses some findings on aspects of control theory. The data are taken from Project Metropolitan, a longitudinal study of a Stockholm birth cohort comprising 15,117 cases (males and females) studied during a 30-year period. Of the females 791 cases or 11% acquired records of delinquency, drug use, or crime up to age 26. The delinquents were divided according to assumed seriousness and compared to the nondelinquents on two dimensions of the social bond called Attachment to school and Commitment to education. The results show, first, that delinquency varies with the strength of the social bond and, second, that the ability to predict future delinquency with knowledge of these aspects of the bond is limited, as the variance proportions accounted for are low. However, when comparing the explained variances to some well-known studies, we find that the differences are not so extensive.This paper is published in its complete form by the Project Metropolitan Research Report series, Department of Sociology, University of Stockholm, 1989. The summary tables presented here are found in original form in the original version.     

Administering child protection: a feminist analysis of the conceptual practices of organizational power

Abstract: This article explores textually-mediated administrative technology such as that being implemented by Ontario's Ministry of Community and Social Services to organize more effective control over the delivery of contracted services to children and families under child welfare legislation. A case study of the development and testing of a related technology, case-weighting, initiated by the Metro Toronto Children's Aid Society, offers the opportunity for an in-depth analysis of “conceptual practices” for exercising organizational power. It is argued that the use of conceptual practices, made practicable by improvements in computer facilities, represents a major development in managerial method which restructures organizational meanings, outcomes, and relations among participants in human service organizations. Feminist scholarship contributes both a critical stance on the approach being taken to child protection services and appropriate methodology for the analysis. Sommaire: Le présent article explore les technologies administratives fondées sur des textes, comme celles mises en oeuvre actuellement par le ministère des Services communautaires et sociaux de l'Ontario, afin de resserrer les contrôles sur la prestation de services contractuels aux enfants et aux familles, en vertu des lois sur l'assistance à l'enfance. Une étude de cas concernant la mise au point et la validation d'une technique connexe, la pondération des cas, lancée par la Société d'aide à l'enfance du Grand Toronto, permet de faire une analyse approfondie des “pratiques conceptuelles” qui permettent d'exercer le pouvoir organisationnel. L'article soutienl que l'utilisation des pratiques conceptuelles, rendue possible par le progrès de l'informatique, a grandement changé les méthodes de gestion, qui restructurent les significations, résultats et rapports organisationnels entre les participants au sein des organismes de services. Des études féministes apportent à la fois une perspective critique en ce qui concerne l'approche adoptée envers les services de protection à l'enfance et une méthodologie appropriée à leur analyse.