From Adjudication to Aftermath: Assessing the ICTY’s Goals beyond Prosecution

After more than a dozen years of activity, some 161 indictments, 64 arrests, and 47 surrenders, the International Criminal Tribunal for the former Yugoslavia (ICTY) has accomplished a good deal in terms of its primary task of prosecution. Nonetheless, there is still much debate over the state of transitional justice in the Balkans and what has been accomplished. We cannot forget that the ICTY was created with broad political and social purposes in mind, specifically to contribute to the restoration and maintenance of peace. Using a comparative framework, we develop benchmarks of transitional justice outcomes to examine these vague but important and ambitious goals. Although conventional wisdom says that the ICTY is used instrumentally by Balkan leaders who are fundamentally opposed to the court??s existence, we demonstrate that there is also evidence of broader political and social change throughout the region. Thus, we contend that Balkan countries have indeed moved beyond mere prosecution.     

Does the Controversy Matter? Comparing the Causal Determinants of the Adoption of Controversial and Noncontroversial Rape Law Reforms

Do the causal determinants of legal change differ for controversial and noncontroversial laws? Using rape law reforms as an example of legal change, I answer this question via a longitudinal examination of the intrastate characteristics and interstate processes that affect the adoption of both controversial and noncontroversial rape law reforms. The results show that the adoption of partial reforms significantly decreases a state's likelihood of passing a stronger version of the reform only for controversial rape law reforms. Other factors, such as women's economic power and the interstate process of diffusion similarly affect both controversial and noncontroversial reforms. Thus, contrary to the idea that the process of diffusion operates differently for controversial reforms, the results indicate that spatial proximity negatively affects the adoption of both controversial and noncontroversial rape law reforms. These findings have important implications for theoretical explanations of legal change, research on rape law reforms, and social movement research and activism.     

Moving Beyond 100 Years: The “WA Approach” to National Party Survival

Since its formation in 1913, the Western Australian branch of the National Party has faced many challenges to its survival. Electoral reform removing rural malapportionment in 2005 prompted changes in strategic direction, including abandoning coalition with the Liberal Party and creating a discrete image, branding and policy approach. Holding the balance of power after the 2008 election, the party adopted a post‐election bargaining strategy to secure ministries and funding for its “Royalties for Regions” policy. This “WA approach” is distinctive from amalgamation and coalition arrangements embraced elsewhere in Australia. This article updates progress of the strategy following state and federal elections in 2013 and finds that it has been a success measured by increased votes, seats and policy influence and expansion into regional Western Australia to displace Labor. However, its applicability to other branches of the National Party is likely to be limited.     

Justice Matters: lifting the lid on Pandora's box

The starting point of Justice Matters is simple: criminal justice is far too big; far too costly; far too intrusive. Far from being a means of delivering social justice, it is the cause of much social injustice. The large footprint in society occupied by the combined criminal justice institutions is profoundly socially harmful.

The criminal justice process inflicts unnecessary suffering on many thousands of suspects, defendants and convictees every year. This suffering is experienced very differently depending on your position in society: for instance whether you are young or old, black or white, male or female, rich or poor.

The collateral damage of the criminal justice process is also profound. A criminal record isa life sentence for many: an ongoing obstacle to participation in work and the wider community. Families and communities whose loved ones are arrested, prosecuted, imprisoned and supervised experience deep and lasting loss. Collateral damage is also found in the stress experienced by many victims, whose traumas and distress are often left unresolved, and in the dissatisfaction of witnesses, whose experience of the criminal justice process can be so negative.

Criminal justice also crowds out other, more innovative, just and effective policy and practice solutions to the problems our society faces. It is good at punishing certain individuals and groups. It fails to prevent social problems from arising, or to resolve those that occur.

To get involved in Justice Matters visit: www.crimeandjustice.org.uk/why-justice-matters     

School Problems and Solutions for Students With Disabilities: A Qualitative Examination

The inclusion of students with disabilities is a process that requires collaboration among multiple individuals, with teachers, aides, parents, students, and school systems playing important roles in resolving student problems. In the current study, we examined data from 75 teachers concerning 126 students about problems that students with disabilities had following a transition from a school primarily serving students with disabilities to more inclusive schools. Reported problems were reviewed and five major themes emerged: academic, behavioral, mobility/accessibility, social, and transportation issues. Teachers typically resolved academic problems by working directly with the student or collaborating with school staff. Social problems were resolved through student and teacher initiatives. Behavioral, transportation, and mobility/accessibility problems were resolved through collaboration among many key school figures and family members. Implications for theory, research, and inclusive school practices related to academic curricula, resources, services, and architectural accommodations for students with disabilities are discussed.