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111.
Minority overrepresentation in the criminal justice system has long been an important topic of research and policy debate. In New York City, recent changes in the Rockefeller Drug Laws and the controversy around police stop-and-frisk practices have placed an even greater emphasis on the need for studying the possible impact of defendants’ race and ethnicity on criminal justice outcomes. Relatively little contemporary research, though, examines plea-bargaining outcomes. Using unique data on misdemeanor marijuana cases, this study examines the impact of defendants’ race on prosecutors’ decisions to make (a) plea offers for a lesser charge and (b) sentence offers for non-custodial punishments. Preliminary findings indicated that black defendants were less likely to receive reduced charge offers, and both black and Latino defendants were more likely to receive custodial sentence offers. However, these disparities were largely explained by legal factors, evidence, arrest circumstances, and court actor characteristics, though black defendants were still more likely to receive custodial sentence offers after including these controls. No differences were found between white and Asian defendants. Implications for research and prosecutorial practices are discussed. 相似文献
112.
Alun Howard Gibbs 《Law and Critique》2016,27(1):83-102
How do we think about the word politeia when this involves a reaching back to the past? The response, pursued in this paper, is that in the classical understanding of politeia there is a significant connection between the question of the ‘good’ and the constitution; a connection which has become occluded or obscured by modern constitutional thought. In support of this understanding of politeia it must be acknowledged that what is meant, in this paper, by ‘good’ is very different from that conventionally found in contemporary constitutional, legal or political theory. In an effort to disclose how politeia unravels this novel sense of ‘the good’ the paper will closely consider the philosophical work of Hans-Georg Gadamer on Plato. The paper claims that this largely neglected work is of importance to contemporary constitutional philosophy, particularly in so far as it focuses, as in this paper, on classical traditions or origins within constitutional thought. 相似文献
113.
Nancy A. Wonders 《Critical Criminology》2016,24(2):201-216
This article examines how economic globalization has dialectically interacted with the nation-state and legal order to facilitate the production of “just-in-time justice”—the increasingly flexible character of law, order, and power. Utilizing Chambliss’s analytic strategy, particularly his dialectical approach to lawmaking, I first examine the relationship between the global social order, economic globalization, and the changing architecture of nation-states. I then explore ways that the legal order has been flexibilized, including the creation of “states of exception,” the privatization of social control functions of the state, the development of transnational spaces for governance, and the widespread use of surveillance. My analysis of these transformations suggests that the greatest danger in the contemporary moment may be what we do not know, what is hidden from public accountability, beyond the public gaze. Importantly, this analysis also highlights that law continues to matter—or else there would not be such a press to ensure its disappearance. 相似文献
114.
Gordon Frederick M. Welch Kathryn R. Offringa Gregory Katz Nancy 《Social Justice Research》2000,13(3):237-269
Previous research on cooperative and competitive reward systems has investigated the relation between extreme cooperative and competitive conditions, along with an intermediate noninterdependent neutral condition, to numerous outcome variables. This study added two additional conditions to these three usual conditions, between the neutral midpoint and the cooperative or competitive extremes, to see if these intermediate conditions might be distinctive in the outcomes they produced. The study used 240 participants, divided into groups of three that played a board game under these five different reward conditions. Participants' attitudes toward self, others, and task were then assessed and analyzed along with objective measures of performance, measures of self-esteem, state and trait anxiety, and results coded from an autobiographical report in game-defined roles. Results indicated that the intermediate cooperative condition was distinctively different from the extreme cooperative condition in predicted ways, and that the intermediate competitive condition was distinctively different from the extreme competitive condition, but in unpredicted ways. The research also demonstrated that an individualistic condition, which had previously been thought to produce neither a cooperative nor competitive social orientation, in fact produced both, raising questions as to whether reward interdependence, as researchers have defined it, is really the cause of cooperation and competition. 相似文献
115.
Nancy J. Shook Deborah A. Gerrity Joan Jurich Allen E. Segrist 《Journal of family violence》2000,15(1):1-22
This study used a modified version of the Conflict Tactic Scale (Straus, 1990) to measure the expression of verbal and physical aggression among 572 college students (395 females and 177 males) involved in dating relationships over the previous year. Results indicated that 82% (n = 465) of the total sample reported having engaged in verbally aggressive behavior with a dating partner over the past year, whereas 21% (n = 116) admitted to acting in a physically aggressive manner over the same interval. No significant gender-based difference was found for verbal aggression scores; however, females were significantly more likely to report using physical force than were male students. Male and female students who used verbal aggression were characteristically similar to each. Both had experienced aggression from a parent as children and had drunk alcohol within 3 hours (before or after) an argument with a dating partner. Male and female students who admitted using physical force were dissimilar except that both had experienced parent-child aggression. For male students, having witnessed conjugal violence and their general drinking patterns were also significantly related to their using physical force, whereas for females, the use of physical force was associated with drinking alcohol within 3 hours of an argument with a dating partner. 相似文献
116.
人类学理论时于新的亲属关系实践的深层含义,特别关注时同性恋与辅助生育的研究.同性恋这一行为不仅创造了极为有意思的亲属关系和家庭网络,还遵循抑或挑战了传统文化对家庭生活的期待.欧美社会中出现的新生育技术对于传统亲属制度提出了新的难题,与亲属关系相连的文化意识和价值相应地塑造了生育技术的转变,这些技术又被应用到其他社会和文化之中. 相似文献
117.
118.
Law and Critique - In this article, an important set of general themes will be examined in relation to the ongoing problematization of the legitimacy of modern constitutionalism within a body of... 相似文献
119.
Nancy Nicosia John M. MacDonald Rosalie Liccardo Pacula 《Journal of Quantitative Criminology》2017,33(1):179-205
Objective
This paper addresses previous shortcomings in the literature on racial disparities in incarceration for drug offenders by taking advantage of a change in sentencing policy in California and a rich administrative dataset that is able to create a sample of comparable White and Black offenders.Method
We use a nonparametric propensity weighting approach to identify similarly situated White and Black male offenders charged with drug-related offenses. We combine this approach with a difference-in-differences model to estimate the effect that a change in California sentencing law for convicted non-violent drug offenders had on racial disparities in prison and drug treatment dispositions.Results
We find substantial reductions in the probability of a prison sentence after the policy change, but not differentially for Blacks. Blacks remain more likely to go to prison than similarly situated Whites after the policy, although the policy does lead to more referrals to treatment for Blacks.Conclusions
This paper shows that even after comparing Blacks and Whites in similarly situated contexts that racial disparities in prison commitments remain after sentencing law changes that mandate diversion to drug treatment. The results suggests that addressing racial gaps in the commitments to state prisons will likely require more than shifting the eligibility of drug convictions for prison, as accumulated criminal histories are the primary driver of prison sentences. This means that expanding diversion options from prison alone will not reduce the racial gap in commitments to prison for drug offenses more than incrementally.120.
Adaptive and Maladaptive Gatekeeping Behaviors and Attitudes: Implications for Child Outcomes After Separation and Divorce 下载免费PDF全文
Gatekeeping has been used as a theory and a measure to describe and assess family dynamics within the context of separation and divorce. In this article, we explore adaptive and maladaptive gatekeeping behaviors and attitudes that can affect the other parent's relationship with the child. Implications are presented for connecting adaptive and maladaptive gatekeeping responses to child outcomes of safety, well‐being, and positive parent–child relationships following separation and divorce. We build on the recent attention to gatekeeping as a potential framework within the child custody context. 相似文献