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Asylum-seekers and national histories of detention 总被引:1,自引:0,他引:1
The Australian system of mandatory detention of asylum–seekers has become increasingly controversial. Insofar as commentary on detention has been framed historically, critics have pointed to Australia's race–based exclusionary laws and policies over the twentieth century. In this article, we suggest that exclusion and detention are not equivalent practices, even if they are often related. Here we present an alternative genealogy of mandatory detention and protests against it. Quarantine–detention and the internment of "enemy aliens" in wartime are historic precedents for the current detention of asylum–seekers. Importantly, in both carceral practices, non–criminal and often non–citizen populations were held in custody en masse and without trial. Quarantine, internment and incarceration of asylum–seekers are substantively connected over the twentieth century, as questions of territory, security and citizenship have been played out in Australia's histories of detention. 相似文献
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Alison Evans Cuellar Larkin S McReynolds Gail A Wasserman 《Journal of policy analysis and management》2006,25(1):197-214
Youth crime is a serious social problem, as is the high proportion of young offenders in the juvenile justice system who have mental disorders. A recent policy innovation applies the theory of therapeutic jurisprudence and diverts youth with mental disorders to treatment in lieu of further court processing. The expansion of mental health diversion programs reflects an increasingly popular view that there is a causal relationship between youth mental disorders and crime. Policymakers who share this view place greater emphasis on rehabilitation and treatment as a way to reduce crime, rather than on stricter punishment. This paper considers the policy issues around youth mental health diversion programs. In addition, it evaluates the effect of a mental health diversion program for youth that was implemented in Texas. The paper finds that mental health diversion can be used effectively to delay or prevent youth recidivism. 相似文献
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Jurors in negligence cases are supposed to judge a defendant by the reasonableness of his or her conduct and not by the consequences
of that conduct. But several studies have shown that a cognitive heuristic known as hindsight bias can skew post hoc judgments of some prior behavior. Thus, jurors who must evaluate the actions of a defendant may be influenced inappropriately
by the consequences of those actions. A complementary problem arises when jurors must evaluate the injuries incurred by the
plaintiff. Here, jurors' knowledge about the defendant's allegedly negligent conduct can proactively influence their assessment
of the plaintiff's injuries and determination of damages. The purpose of the present study was to examine the effectiveness
of two procedural techniques intended to reduce or eliminate the impact of hindsight bias in negligence cases—multiple admonitions
from a judge about the proper use of evidence—and bifurcation (actually withholding irrelevant evidence from jurors). We presented
a re-enacted automobile negligence trial to 355 jury-eligible adults drawn from the community, varied the evidence and instructions
that they heard, and measured liability judgments and damage awards from individual jurors both before and after deliberating,
and from juries. Results showed that admonitions were generally ineffective in guiding jurors to the proper use of evidence
but that bifurcation was relatively more effective. Deliberations had no curative effect on jurors' misapplication of evidence. 相似文献
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In recent times, juvenile rehabilitation has been attacked both by liberals seeking to insert greater due process rights and protections into the juvenile justice system and by conservatives calling for more stringent handling of serious youthful offenders. The apparent pervasiveness of this attack raises the question, Is the philosophy of child saving dead? Data drawn from a survey conducted in Illinois suggest, however, that juvenile rehabilitation continues to receive support both from the public and from various groups associated with criminal justice practice and policy making. At the same time, there is also support for the notion that young criminals are responsible for their actions and are currently being treated too leniently by our courts. Finally, child saving is embraced most firmly by judges, lawyers, correctional administrators, and prison inmates and least strongly by legislators, prison guards, and the general public. 相似文献
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This study uses longitudinal data to identify risk markers for reassault among batterer program participants. Data are from 308 men and their partners collected at five, 3-month intervals. Time-varying situational and behavioral risk factors, as well as time-invariant individual characteristics, are examined. The most influential risk markers, in terms of relative risk and level of statistical significance, were time-varying: 2 measures of the man's drunkenness during the follow-up interval in which the reassault occurred (OR: 3.5-16.3; p > .0005). Other included time-varying batterer characteristics had no significant effect on reassault. Two significant time-invariant batterer risk factors were (1) severe psychopathology and (2) a history of non-domestic-violence arrest, both measured at intake. Results suggest that batterers' drinking behavior after program intake may provide an important and easily observed marker for risk of reassault and that prediction of reassault with individual risk factors at program intake remains problematical. 相似文献
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Alison JDiduck 《Journal of law and society》2001,28(2):290-310
The article examines the recent House of Lords decision in Fitzpatrick v. Sterling Housing Association from two perspectives. The first adopts a perspective of rights and discrimination and speculates as to how a court may in future decide such a case in the light of Britain's obligations under the Human Rights Act 1998. The second offers a review of some of the literature which questions the effectiveness of such a rights-based approach for achieving justice for lesbian women and gay men, and, from a feminist perspective, expresses caution about instantiating in law a traditional idea of 'family' and the privilege attached to that ideal. 相似文献
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