Racial Bias in the Criminal Justice System: Shifting the Focus from Outcome to Underlying Causes

Abstract Over-representation of minority offenders in all phases of the criminal justice system has been recognized as a problem in the United States. Much controversy surrounds the question of whether the criminal justice system is “racist.” This inquiry goes beyond the traditional emphasis on the symptoms of racial disparity within the system, and asks whether differences exist between racial groups in their exposure to psychosocial factors that are found to relate to delinquency. The purpose of the study was to expose possible personal, familial, and societal causes of racial over-representation rather than merely place blame on the criminal justice system. The study examined institutionalized delinquent offenders. Among the findings are ones that indicate that blacks report significantly less access to intermediary treatment resources such as psychiatric and drug treatment facilities, community treatment referrals, and placement in foster homes. Blacks were over-represented in the more serious offense levels for both current and prior offenses. Whites were over-represented in mental dysfunction measures of chronic alcohol and drug abuse, suicide attempts, institutionalization in psychiatric or drug treatment facilities, and running away from home. The difference in racial representation raises some critical questions of possible inequality in exposure to environmental factors related to criminal behavior and unequal access and referral to intermediate treatment services prior to incarceration.     

The Virtual Speculum in the New World Order

Beginning by reading a 1992 feminist appropriation of Michelangelo's Creation of Adam - in a cartoon in which the finger of a nude Adamic woman touches a computer keyboard, while the god-like VDT screen shows a disembodied fetus - ‘Virtual Speculum’ argues for a broader conception of ‘new reproductive technologies’ in order to foreground justice and freedom projects for differently situated women in the New World Order. Broadly conceptualized reproductive practices must be central to social theory in general, and to technoscience studies in particular. Tying together the politics of self help and women's health movements in the United States in the 1970s with positions on reproductive freedom articulated within the Legal Defense and Educational Fund of the NAACP in the 1990s, the paper examines recent work in feminist science studies in several disciplinary and activist locations. Statistical analysis and ethnography emerge as critical feminist technologies for producing convincing representations of the reproduction of inequality. Untangling the semiotic and political-economic dialectics of invisibility and hypervisibility, ‘Virtual Speculum’ concludes by linking the well-surveyed amniotic fluid of on-screen fetuses and the off-frame diarrhea of uncounted and underfed infants in regimes of flexible accumulation and structural adjustment.     

A prospective analysis of juvenile male sex offenders: characteristics and recidivism rates as adults

This research assesses the recidivism rates of a sample of 300 registered male sex offenders who were juveniles at the time of their initial arrest for a sex offense. This sample is followed for 3 to 6 years after they reached adulthood; recidivism rates are assessed during their adulthood only. The typical juvenile is a 15-year-old Caucasian male who was arrested for sexual assault or indecency with a child. The majority of the victims are females with an average age of 8. Although only 13 are rearrested during the follow-up period for a sex offense, more than half of the sample is arrested at least once for a nonsexual offense. The results of a Cox regression indicate that victim age, offender age, and victim sex are significant predictors of recidivism during adulthood.     

Sexual violence and reproductive health among young people in three communities in Jamaica

A secondary analysis of data collected from 1,130 young people ages 15 to 24 in a population-based household survey to assess the reproductive health needs of young people in three communities in Jamaica was conducted to determine the relationships among three measures of sexual violence, background variables, three measures of sexual risk taking (early sexual debut, multiple partners, and no condom at last sex), and two reproductive health outcomes (genital discharge within the past 12 months and pregnancy). In the multivariate analyses, forced first sex increased the likelihood of genital discharge among males (odds ratio, OR = 5.33) and females (OR = 2.02) and pregnancy among females (OR = 2.05), controlling for background characteristics and sexual risk taking. Associations between sexual violence and reported genital discharge and pregnancy that were not mediated by our measures of sexual risk taking were found. More research into the causal mechanisms for this association is needed.     

Suicide: a ten-year retrospective review of Kentucky medical examiner cases

Suicide, a manner of death, ranked as the eleventh leading cause of death in the United States and accounted for approximately 30,000 deaths in 2001. A host of biological and psychosocial components interplay in a suicide investigation. Precipitating factors may include domestic quarrels, loss of employment, financial difficulties, substance abuse, chronic disease, or mental illness. The authors conducted a ten-year (1993--2002) retrospective review of suicide from all Medical Examiners' Offices in Kentucky. There were 2,864 suicides ranging between 11 and 96 years (average age 42.0 years). The majority of victims were males (81.7%) and Caucasian (94.8%). African-American females comprised the smallest group, consisting of only 0.59%. The preferred mode of death was by firearm (67.5%), followed by hanging (13.7%), overdose (9.9%), and carbon monoxide poisoning (4.4%). This comprehensive study discusses the trends of suicide in the United States during the twentieth century and underscores the importance of a multidisciplinary approach to the investigation and prevention of suicide.     

Juvenile Shackling Reform: The Judicial Role in Ensuring Trauma‐Informed Courts and Why States Are Rethinking Restraints

In juvenile courts around the country, youth are routinely shackled, without any evidence that these young people are a danger to anyone or likely to attempt flight. A number of states are moving away from this practice. Shackling reform initiatives are motivated by constitutional issues, emerging science around adolescent development, and a growing recognition of the need for trauma‐informed, evidence‐based courts. Judges are ultimately responsible for safeguarding the rights of the young people who appear in court, and must uphold the dignity of the courtroom. A review of jurisdictions that have adopted limits on juvenile shackling shows that these policies have not resulted in breaches of safety.