The Fault of (European) Law in (Political and Social) Economic Crisis

It is a commonplace that the discipline of economics has contributed to the current crisis, above all, because economic methodologies are charged with fatally inflating debt risk, such that collapse was the inevitable result. But what might be said of the role of law within this constellation? Much ink has been consumed detailing legal shortcomings within regulatory regimes for the financial services. However, a full accounting has yet to be made of the broader fault which may also be attributed to the premises of modern and increasingly post-national law, especially as they coalesce with a broader abdication of political responsibility for crisis. This contribution begins this accounting, investigating the processes by which law has transformed itself into an economic technology within post-national regimes in its contemporary quest for material legitimacy. Above all, in its idolatry of the factual, law has itself become a power locus—especially within the European Union—that similarly pre-empts the politics within which social and economic stability might be defined and achieved.     

Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in‐depth study of In re John Z., a 2003 rape prosecution involving two seventeen‐year‐olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.     

Outsiders and justice consciousness

The foundations of my justice consciousness lie in two books that share the name “outsiders.” I was introduced to S.E. Hinton's novel before I was a teenager and it was my first real contact with the “Greasers,” the “Socs,” and a world of juvenile delinquency divided by social class. Written by a 16‐year‐old girl around the time I was born, I think it was this book that initially sparked my fascination with juvenile delinquency and the study of crime. I pursued this interest in college and became concerned with inequality and the ways in which our social surroundings shape our choices and our life chances. Reading Howard S. Becker's classic statement of labeling theory in his version of Outsiders changed my perspective again and I have never looked at the world in quite the same way since.     

Views from the Top and Bottom: Lawmakers and Practitioners Discuss Sex Offender Laws

The perceptions and attitudes that policymakers and criminal justice practitioners have about sexual offending and sexual victimization affects how state lawmakers respond to sex crimes, and how practitioners implement sex offender legislation. Policymakers continue to create new sex offender laws and, as such, the number of convicted sex offenders continues to rise. Thus, policymakers and criminal justice practitioners are increasingly important players in the public policy response to sexual criminals. To better understand the motivation, rationale, content, and purpose of statewide sex offender laws, and their role in the day-to-day management of convicted sex offenders, a non-probability sample of policymakers (n?=?61) and criminal justice practitioners (n?=?25) from across the country were interviewed. Results indicated that nearly all respondents from both groups were familiar/very familiar with their state-level sex offender laws. Policymakers and practitioners also mentioned the influential role that specific victimizations play in creating a perceived need for more sex offender legislation. The politicians and the practitioners view the laws as effective public safety mechanisms. Still, both groups noted serious problems with the laws. Furthermore, policymakers had a more negative attitude about the efficacy of sex offender therapy than criminal justice respondents. Suggestions for future research and policy implications are offered.     

Attitudes toward physician-assisted suicide: Effects of physician background,patient prognosis and patient mental health status

Abstract

The purpose of this study was to investigate views toward physician-assisted suicide (PAS) as patient illness (terminal, not terminal), patient mental health (depressed, not depressed) and physician background (preoccupied, not preoccupied with death) are varied. Participants (N = 211) read a newspaper article and trial summary involving a PAS then gave their impressions of the patient, physician and PAS. Patient mental health did not affect decisions, but the preoccupied physician's testimony was seen as less believable (intent was seen as patient death, not an end of pain and suffering), and he was more likely to be seen as guilty than the non-preoccupied physician (reflected by both verdict and guilt level ratings). The terminal patient was seen as suffering more, wanting suicide more, and making a more rational decision to die than the non-terminal patient. Results are discussed in light of recent legal activity involving PAS.     

Social problem-solving correlates of sexual deviancy and aggression among adult child molesters

Cognitive-behavioral treatment programs for adult sex offenders often include training geared to improve a perpetrator's social problem-solving skills. However, little empirical evidence exists to date that documents the relationship between problem-solving and deviant sexual interest or behavior among child molesters. As such, this study investigated the association between problem-solving and two aspects of sexual offending—self-reported sexual deviancy and clinician-rated sexual aggression among a recruited sample of incarcerated child molesters. To minimize the potential for biased self-reports, criterion scores on a lie scale were employed to exclude individuals who might be prone to misrepresent their responses. Results indicated this sample to be characterized by significant deficits on all measures of social problem-solving as compared to the general population. In addition, a series of correlational analyses indicated that an avoidant problem-solving style was significantly associated with past sexual aggression, whereas a negative problem orientation and an impulsive/careless problem-solving style were significantly related to a measure of current sexual deviancy. Of particular interest is the finding that a rational problem-solving style (i.e., the constructive style that involves the systematic application of specific problem-solving skills geared toward identifying an effective solution) was not significantly related to either sexual offending measure. The implications of these collective results are discussed.     

Attributions of blame in a hypothetical internet solicitation case: Roles of victim naivety,parental neglect and respondent gender

Abstract

This study investigates attributions towards the perpetrator, the victim and the victim's parents in a hypothetical internet solicitation case. A community sample of 187 respondents read a vignette outlining an internet chatroom conversation between a 10-year-old girl and a 25-year-old man, followed by a depicted sexual assault, before rating 26 attribution items. Principal components analysis extracted six reliable and interpretable factors which were then subjected to a two-respondent gender×two-victim age×two-victim internet naivety×two-parental neglect between-subjects multiple analyses of variance (MANOVA). While levels of victim naivety had no impact on any measure, parents who were neglectful of their child's online activities were deemed more culpable for their child's later abuse than were parents who took an active interest in their child's activities. In general, females deemed the victim more credible than males. Implications are discussed.     

Ripple effects: the groundnut scheme failure and railway planning for colonial development in Tanganyika, 1947–1952

While the reasons for the failure of the groundnut scheme are well understood, its effects on colonial development in Tanganyika are not. Drawing from the voluminous paper trail that development planning leaves in its wake, this paper traces the effects of the groundnut scheme demise on a contemporaneous plan to build a railway across Tanganyika to the Northern Rhodesian copperbelt. Tensions arose among the railway planners – civil servants, politicians, and consultants from Britain, Africa, and the United States – when, midway through the planning process, the scale of the groundnut scheme collapse became public. I demonstrate how this revealing crisis prompted planners to eschew the project's production-oriented impetus and embrace a welfare-oriented conclusion. By demonstrating the interlinked nature of development projects, this paper proposes a new angle for studying the history of development in an era characterised by the rapid proliferation of projects.     

Civil Servants on the Silver Screen: The Depiction of Government in American and Australian Cinema

With the prevalence of government, it is unsurprising to find it frequently represented on the silver screen. But, with the ability of film to influence perceptions and attitudes, questions arise, including: how is government portrayed on the silver screen? Are government bureaucrats berated or praised? This research examines the representation of government—and civil servants in particular—in a comparative setting. The top 100 box office grossing films of all time in the United States and Australia were selected to address the question: how do these films in the United States and Australia depict government? This study analyzes these 200 films and the more than 400 government characters in these films and suggests that government in both American and Australian films does not fare well. However, despite the generally negative—or at best mixed—depictions of government overall, individual government characters fare better.     

Substance Use Among African American Adolescents in the Midwest

The purpose of this article is to examine the attitudes and substance use behaviors of African American adolescents living in the Midwest. A baseline survey was administered to 463 African American teens between the ages of 11–19. The article examines the relationship between attitudes toward drugs and drug-using behavior in this African American sample. Drug use will be compared to national drug use norms established by the Youth Risk Behavior Surveillance Survey. Overall participants had fairly negative attitudes toward drugs. Sixty percent of the sample reported that they were committed to a drug-free life, 74% had made a decision to stay away from marijuana, 79% reported making a decision not to smoke cigarettes, and 71% reported they would not get drunk in the next year. Females were more likely to stay away from marijuana than males. In this current study there is cause for alarm; participants reported higher percentages of ever smoking cigarettes and marijuana than the Youth Risk Behavior Surveillance Survey. This study shows there is a need to provide substance abuse prevention programs for African American adolescents. Limitations and future directions are also discussed.