Corporate environmental violence and racism

Drawing upon a social justice framework, this analysis expands and integrates issues relating to corporate violence and environmental justice to investigate the spatial distribution of chemical accidents across census tracts in Hillsborough County, Florida. To test the hypothesis that corporate environmental violence (CEV) is more likely to impact blacks and Hispanics, data from the 1990 census was combined with chemical accident data obtained from the U.S. EPA under the Accidental Release Information Program (ARIP). The results of our bivariate analysis suggest that blacks and Hispanics reside closer to chemical facilities reporting accidents than their white counterparts. A multivariate analysis of the problem reveals that racial sub-populations are much more likely to be proximate to these accidents even when facility location and urbanization are controlled. We discuss the implications of our findings and point out that any solutions to the unequal distribution of CEV must lie outside the traditional criminal justice response. This revised version was published online in August 2006 with corrections to the Cover Date.     

The extraction of surplus value,crime and punishment: A preliminary examination

Crime, Law and Social Change -     

Mock Juror Gender Biases and Perceptions of Self-Defense Claims in Intimate Partner Homicide

Findings are reported from an experiment that examined mock jurors’ gender biases regarding intimate homicide case adjudications. Mock jurors were more likely to convict a man than a woman who had killed an abusive partner, which was partially mediated by sympathy toward both the victim and defendant. Analyses revealed an abuser height and abuser gender interaction such that conviction rates for women defendants were higher when her abuser was taller compared to when he was shorter than she; abuser height did not influence conviction rates for men. Findings also suggested that when given information about a child being present, mock jurors perceived the killing of the abusive partner as an act to protect that child. The results are discussed in relation to how extra-legal factors impact juror perceptions of domestic violence cases in the courtroom.     

Focally Concerned About Focal Concerns: A Conceptual and Methodological Critique of Sentencing Disparities Research

Abstract

“Focal concerns” is the predominant theoretical framework in criminology for explaining disparities in sentencing outcomes. While the framework has generated a large body of empirical scholarship, its postulates remain inadequately tested in the criminological literature. In this paper, I offer a conceptual and methodological critique of focal concerns as it is being deployed in a large body of sentencing research. I first trace the genealogy of the “focal concerns” concept and detail its current articulation. I then describe the body of work that has reduced “focal concerns” to a commonsense psychological construct, and illustrate the fallacies of logic and paucity of direct theory development and testing that weaken the explanatory value of the framework. I conclude by building on Ulmer’s recent call to treat criminal courts as “inhabited institutions” to assess approaches that are more social scientifically robust and empirically testable for understanding how sentencing disparity is produced.     

The role of the Yorta Yorta people in clarifying the common interest in sustainable management of the Murray–Darling Basin, Australia

The Murray–Darling Basin incorporates Australia’s three longest rivers and spans four states and one territory. It is important for an agricultural industry worth more than AUS$9 billion per year, but is also the life source and the spirit of the Indigenous Yorta Yorta people. Here, we address whether the interests of the Yorta Yorta people can encompass the common interest of the wider community in the Basin, and how the colonial legacy and climate change of the past century continue to influence the realization of the common interest moving forward. We find that shared regional governance with an agreed outcome supports the ongoing sustainability of the country and its people, but because of the legal history of Australia since colonization, recognition and mutual respect are no less important. Further, we note that the increasing climatic variability and changing climatic mechanisms that now exemplify the southeast of Australia corroborates the need for adaptive planning with longer time horizons. These lessons are supported by the customary law and practice of the Yorta Yorta people.     

“She's Nobody's Child/the Law Can't Touch Her at All”: Seeking to Bring Dignity to Legal Proceedings Involving Juveniles

Inquiries into a range of issues involving juveniles in the psychiatric hospitalization and criminal trial process reveal that, regularly, juveniles are subject to shame and humiliation in all aspects of the legal system that relate to arrest, trial, conviction, and institutionalization, shame and humiliation that are often exacerbated in cases involving racial minorities and those who are economically impoverished. We contextualize them into the juvenile justice system, and look specifically at how this is reflected in the case law. We then consider these findings through the filters of therapeutic jurisprudence and international human rights laws, concluding that these approaches best remediate the current state of affairs and infuse this system with badly‐needed dignity.