Rights and Quarantine During the SARS Global Health Crisis: Differentiated Legal Consciousness in Hong Kong, Shanghai, and Toronto

Interventions in public health crises inevitably give rise to concerns about how the balance between rights concerns and community health security might be handled. During the SARS global health crisis, different jurisdictions struggled simultaneously with similar public health challenges posed by the previously unknown and deadly disease. Yet instead of a convergence of strategies, different jurisdictions responded with measures, especially with regard to the use of quarantine, that revealed a pattern of divergence about how to strike the balance between rights concerns and health security. The origins of this article stem from the realization that Toronto's use of quarantine was far more extensive than that of either Hong Kong or Shanghai, two jurisdictions with historically weak records regarding respect for fundamental rights and civil liberties. Perspectives on the balancing of individual rights and community health security are treated here as expressions of legal consciousness. Instead of assuming a uniform legal consciousness in Toronto, Shanghai, or Hong Kong, this article presents legal consciousness as varied among groups of individuals differently situated in the crisis. The promise of this differentiated approach to legal consciousness is that it facilitates both drawing contrasts between perspectives of differently situated groups within the same city and noting commonalities between similarly situated groups in other cities. Through an examination of three distinct perspectives on rights and quarantine in each city—those of senior public health officials, frontline hospital workers, and contacts of SARS patients—the competing legal meanings and understandings about the tensions between community health security and individual rights during the SARS crisis are identified in a way that enables us to better understand the pattern of different uses of quarantine.     

Why things are never quite as simple in practice: opportunities for creating a system of social dispute resolution in Russia

The article explores four themes based on my participation in the inception phase of a DFID‐funded project in Russia. The first is to assess the role of technical assistance in providing new models for social development and institutional change. What obstacles and difficulties do donors face in introducing changes in practices, which are comparatively new in their own countries? The second theme is the degree to which external changes put pressure on governments to legislate in favour of vulnerable groups. In this case the break‐up of the Soviet Union and subsequent impoverishment of large sectors of society provide the context. Third, the article examines the potential for change through the setting up of a ‘Conflict Commission’ in the pilot region of Samara oblast. Here, there is a comparatively supportive environment with evidence of a shared commitment by the state, their services and civil society. An outstanding and challenging question for this experiment is the degree to which this shared axis for change can become the basis for wider legal reform at the federal level. The article will finally consider the role of monitoring and evaluation in a pilot project. Copyright © 2002 John Wiley & Sons, Ltd.     

Managing Victim Confrontation: Auto Theft and Informal Sanction Threats

Objectives. This paper explores how offenders manage the prospect of victim confrontation during auto theft. Methods. Data were drawn from in-depth, semi-structured interviews with 35 active offenders recruited from the streets of a large Midwestern US city using snowball sampling methods. Results. Two contextual domains figured prominently in the offenders’ decision-making calculus: The area around the target and the target itself. The first galvanized the offenders’ attention to, and management of, informal social control. The second enjoined offenders to balance speed and stealth in breaching the target. Conclusions. Victim confrontation is an informal sanction that is distinct from both retaliation and traditional extralegal sanctions. The rarity with which it occurs in auto theft is likely due to confrontation avoidance measures offenders adopt at the front end of the offense and during the enactment process itself. The conceptual implications of victim confrontation in crime are explored in relation to the following five areas: (1) sanction celerity and present orientation; (2) sanction certainty and ambiguity aversion; (3) sanction interdependence; (4) violence avoidance; and (5) directions for future research.     

Key Risk Factors for Relapse and Rearrest Among Substance Use Treatment Patients Involved in the Criminal Justice System

Substance use treatment programs for criminal justice populations have great potential for crime reduction, if they can effectively manage patients’ risk for relapse and rearrest. The current study used data drawn from the Comprehensive Assessment and Treatment Outcome Research (CATOR) system, a national registry of substance use treatment programs, which collected patient outcome data at 6- and 12-month intervals following discharge from treatment. The primary objective was to examine sets of factors that may compromise relapse and rearrest outcomes among patients who were court mandated to participate in treatment. Findings demonstrated that patients’ clinical severity of substance use was associated with relapse, which also significantly increased the probability of post-treatment arrest. Adolescent risk behaviors represented another set of risk factors, particularly among patients who experienced the most severe pattern of relapse and arrest outcomes. Additionally, demographic risk factors, including age, marital status (i.e., single or unmarried relative to married), employment (i.e., being unemployed compared to employed), and lower educational attainment were consistently linked to higher probabilities of relapse and rearrest. Treatment programs for criminal justice populations should consider incorporating appropriate clinical risk assessment measures, behavioral risk assessments, and appropriate employment interventions into standard treatment programming in an effort to improve outcomes.