Insanity plea: Relationship to victim and defendents

Conclusion The results of this analogue study clearly indicate that subjects' attitudes toward defendants, as measured by the type of disposition selected are influenced by their relationship to either the victim or the defendant with the most liberal alternatives occurring when the defendant is a relative and the most harsh alternatives chose when the victim of the crime is a relative. Although the present study was concermed with the insanity plea, it seems probables that similar findings might also transpire when other controversial matters in the criminal justice system as investigated, such as probation, parole, and mandatory jail sentences for persons convicted of driving under the influence.     

Attitudes of people with disabilities toward physician-assisted suicide legislation: broadening the dialogue

This article presents the methods, findings, and implications of a participatory action research project that attempted to shed additional light on the debate over death with dignity (DWD) or physician-assisted suicide (PAS) legislation. In-depth, qualitative interviews with forty-five physically disabled residents of the San Francisco Bay Area, conducted by others with disabilities, revealed a wide breadth of opinions about and attitudes toward such legislation. For close to half of the participants, the desire for autonomy in making end-of-life decisions was a primary concern, yet fear that PAS legislation could violate this autonomy in various ways was a deep concern as well. Also reported were widespread accounts of disability-based discrimination and frequent expressions of fear about openly discussing positions that diverge from the official, publicly held opinions of disability leaders who oppose such legislation. The findings support those of a recent Harris poll demonstrating considerable diversity of opinion about PAS legislation among people with disabilities. The findings further suggest the need for additional research on the apparent disjunction between the diversity of attitudes held by those interviewed and the more unified position taken by many disability activists. Use of the study findings to promote greater dialogue within the community and to better position people with disabilities to take their place at the policy table also is discussed. In addition, the findings are seen as reinforcing the need for the public health community to become more engaged in this central ethical debate.     

Creating Stable Agreements in Marine Policy: Learning from the California South Coast Marine Life Protection Act Initiative

In this article, we examine the California South Coast Marine Life Protection Act Initiative stakeholder process, evaluate its shortcomings, and consider what could have been done differently. Our objective is to make recommendations to improve future multi‐stakeholder marine policy processes. In our view, while the South Coast stakeholder process had many positive outcomes, it failed to reach what we call here a “stable agreement.” Our analysis is based on two of the authors’ involvement (one as a facilitator and the other as a stakeholder representative) in the process and a post‐hoc survey of participants. We find that several ill‐advised process design and management choices significantly destabilized the negotiations, leading to an ultimately unstable agreement. We highlight four major problematic process design and management decisions, including the following: representation on the multi‐stakeholder group was imbalanced, the pre‐meeting caucuses were not paired with training in interest‐based negotiation, adequate incentives to negotiate toward a consensus agreement were not provided, and the use of straw voting at one point in the process was unclear and inconsistent. As a result of these and other process design and management flaws, many stakeholders believed that the process was biased and that their ends would be better achieved by anchoring negotiations and engaging in positional bargaining. Ultimately, this meant that near‐consensus on a single cross‐interest marine protected area proposal was not reached, the scientific guidelines put forth were not fully met, the process was not and is not viewed as fair by the stakeholders directly or indirectly involved, and the marine protected area regulations lack broad‐scale support. These pitfalls of the South Coast stakeholder process could have been avoided had the management and facilitation team consistently followed best practices in dispute resolution. We recommend that future marine planning processes learn from this example, particularly those occurring in highly complex, urban ocean environments.     

Public charge,legal estrangement,and renegotiating situational trust in the US healthcare safety net

US immigration law increasingly excludes many immigrants materially and symbolically from vital safety-net resources. Existing scholarship has emphasized the public charge rule as a key mechanism for enacting these exclusionary trends, but less is known about how recent public charge uncertainty has shaped how noncitizens and healthcare workers negotiate safety-net resources. Drawing on ethnographic observations and interviews with 80 safety-net workers and patients in three US states from 2015 to 2020, I argue that intensifying anti-immigrant rhetoric surrounding public charge has extended a sense of surveillance into clinical spaces in previously unexamined ways. Drawing on theories of medical legal violence, system avoidance, and legal estrangement, I demonstrate how these dynamics undermined immigrants' health chances and compromised clinic workers' efforts to facilitate care. I also reveal how participants responded to this insinuation of legal violence in healthcare spaces by promoting situational trust in specific procedures and institutions.     

Community Participation in Restorative Justice: Rituals,Reintegration, and Quasi-Professionalization

Abstract

Community has long been identified as the key third party in restorative justice processes. However, when it comes to both theorizing community in restorative justice and the actual practice of community participation, conceptual clarity is lacking. A careful reading of the sociological literature on restorative justice and community point to two main reasons why we want to encourage community participation: the creation of effective ritual and offender reintegration. In this article, we present findings from an empirical study of conferencing. We explore varieties of community participation and discuss the benefits and tensions that arise when community participation becomes a formalized element of a mainstream restorative justice practice.