Defendants encountering victims in the courtroom: challenges and opportunities of allocution in capital trials for doing restorative justice

ABSTRACT

Allocution is when offenders plead for mercy and offer explanations in order to mitigate punishment. This paper explores the opportunities and challenges inherent in an attempt to do restorative justice through offender allocution in the sentencing phase of capital trials. The essential principles in theories of restorative justice are presented. Then the contexts of allocution in a courtroom and the statements an offender might make in a typical restorative encounter are clearly differentiated. Contributions from the relatively new field of interpersonal neurobiology illuminate the state of mind in which the audience for allocution in a courtroom may be at the time allocution is offered with implications for how allocution might be used, and prepared for. Finally, suggestions are offered for how the opportunity for allocution might be taken up restoratively during capital trials.     

The Cognitive Interview: novice police officers' witness/victim interviewing practices

Abstract

The objective of this study was to investigate novice police officers’ witness interview practices immediately post investigative interview training (known as PEACE) with reference to the eight Cognitive Interview (CI) components taught. Forty-eight UK police officers took part as interviewers. Forty-eight undergraduates participated as mock witness; they viewed a non-violent crime video and 2 days later were individually interviewed by a police officer. Interviews were recorded and rated for officers’ application of the CI procedure.

Despite having recently completed the only training available to them no officer applied or attempted to apply the CI procedure in its entirety. However, some of the individual CI components were applied more frequently than others. This study provides a unique insight into the interviewing practices of some of the least researched, least experienced, and least trained investigative interviewers who, nonetheless, conduct witness interviews on a daily basis. The emergent picture suggests that either the CI procedure currently taught to novice police officers is too complex at so early a stage in their police career and/or that the current training may be insufficient to equip them with the skills necessary to effectively apply the procedure.     

Book notes

Nicaragua: Self‐Determination and Survival. By Hazel Smith. London and Boulder, CO: Pluto Press, 1993. Pp.321 £40.50 and £14.95. ISBN 07453 0480 X and 0475 3.

Economic Adjustment under the Sandinistas: Policy Reform, Food Security and Livelihood in Nicaragua. By Peter Utting. Geneva: United Nations Research Institute for Social Development, 1991. Pp. v + 113. NP. ISBN 92 9085 004 3.     

Political Economy of the Environment,Gender, and Resistance under Colonialism: Murang'a District,Kenya, 1910–1950

This article draws on interviews with women resettlement farmers in Wedza District, Zimbabwe, to trace changes in livelihood strategies and gender relations from 2000 to 2006. The research indicates a shrinking number of viable options for livelihoods, and the severe erosion of formerly critical activities. Thewomen interviewed see increases inmarital discord and collapse, with implications for family formation, social order, and survival. The article explores the linkages between changing livelihoods and gender relations, focusing especially on marriage in relation to agriculture and land issues, gendered incomes, sexuality, AIDS orphans and other effects of HIV/AIDS. Within this overall difficult context, the enduring ethic of caring and the buffering effects of people’s access to arable land and other natural resources are apparent. Throughout, the article discusses the theoretical implications of the research, participating in debates about regional conditions and theoretical understandings of labour, economy, livelihoods and gender in southern Africa.     

The Return of "Captain Moonlight": Informal Justice in Northern Ireland

In the working-class areas of Northern Ireland alternative forms of justice operating in parallel to the State's criminal justice system exist. This informal criminal justice system, administered by paramilitaries, includes threats, warnings, beatings, shootings, and executions. Informal justice mechanisms emerged in the early days of "the Troubles" and have continued to develop. This article maps the development of informal justice in both republican and loyalist areas of Northern Ireland and examines the ways in which paramilitaries "police" their communities and mete out "punishments."     

Renegotiating ‘law and order’ : judicial reform and citizen responses in post-war Guatemala

This study examines reforms aimed at strengthening the rule of law in Guatemala implemented since the signing of the peace accords in December 1996. Despite nearly US$200 million in foreign aid to the justice sector, impunity remains the rule, the judicial process is subverted by military and criminal networks, citizen confidence in the judicial system remains low and recourse to non-judicial measures – the ‘privatisation of justice’- is on the increase. It is argued that the institutionally-focused approach to rule of law reform currently predominating in donor thinking ignores the historical context within which understandings of ‘law’, ‘justice’ and ‘rights’ are shaped. Institutions do matter, but only by understanding the role of law in long-run processes of state formation and the dynamic, inter-subjective nature of legal interactions can we begin to understand the specificities of socio-legal change.     

Opportunities for property victimization: Fixed and random effects models in a cross-national scope

Cross-national research on victimization often does not consider the cultural effects on opportunities leading to victimization. The current study uses a routine activities/lifestyles theoretical framework to examine the opportunities leading to two types of property victimization across forty-five countries. I employ fixed effect and random effect models in efforts to find the best explanation of theft and burglary victimization. The results indicate going out in the evening for leisure activities is an important source of opportunity for both types of property victimization. While a fixed effect model offers the most appropriate explanation for burglary victimization, theft is best explained by a random effects model. For theft victimization, variation in whether or not respondents work or go to school is explained, in part, by the level of development of the country. The findings provide evidence that there are different explanations of opportunity for burglary and theft victimization in a cross-national scope.     

Assets and neighborhoods: The role of individual assets in neighborhood revitalization

Abstract

Asset‐building strategies—including individual development accounts, homeownership programs, and microenterprise development—became increasingly popular in the 1990s. Although research has demonstrated how assets produce individual benefits, less is known about the extent to which these benefits induce positive place‐based effects. We develop a model of the relationship between individual asset‐building strategies and neighborhood revitalization in order to inform future empirical work and help ensure that asset accumulation and neighborhood revitalization are mutually reinforcing. Our model emphasizes the conditions and programmatic factors that may encourage and discourage the transfer of benefits from individuals to neighborhoods.

Examples from case studies of four community‐based organizations suggest that the likelihood of neighborhood spillovers may be increased if policies and practices aim to “manage” the returns from the individual asset, retain asset holders, provide reinvestment conduits, track local purchasing power, and create additional opportunities for collective action.