MALA IN SE

Although the terms mala in se and mala prohibita appear in legal treatises, in court opinions, and in statutes, their definitions are far from clear. In the following article, the doctrine of mala in se is examined in regard to its historical genesis, the rationales which lie behind it, and its legal utility. Discussion of the concept involves questions about the relationship of the mala in se doctrine to common law, to mens rea, to the idea of sin or moral turpitude, and to statutory law. When viewed from an historical perspective, the distinction between the designations of mala in se and mala prohibita is far from precise; this definitional difficulty may presage gradual disappearance of the classifications from legal literature.     

Youth Transfer Decisions: Exploring County Variations

In an effort to control violent and chronic juvenile offenders, many state legislatures have created statutes that give exclusive jurisdiction to adult criminal courts for certain violent offenses. Much research has been conducted on juvenile transfers, but relatively few studies rely on official and self‐report data to evaluate this process. By using data from four counties within Washington State, this study examines how legal, extra‐legal, and organizational variables impact waiver decisions. In cases where youths were selected for transfer proceedings, data from official records are used to compare transfers within and between counties. In addition, interview data with juvenile court personnel (e.g., juvenile court judges, probation officers, legal advisors) are used to assess the factors associated with transfer decisions. Policy implications are presented along with recommendations for future research.     

EVIDENCE‐BASED MANAGEMENT: THE VERY IDEA

This essay critically evaluates the recent phenomenon of ‘evidence‐based management’ in public services that is especially prominent in health care. We suggest that the current approach, broadly informed by evidence‐based health care, is misguided given the deeply contested nature of ‘evidence’ within the discipline of management studies. We argue that its growing popularity in spite of the theoretical problems it faces can be understood primarily as a function of the interests served by the universalization of certain forms of managerialist ‘evidence’ rather than any contribution to organizational effectiveness. Indeed, in a reading informed by the work of French geographer Henri Lefebvre, we suggest that in the long term the project is likely to inhibit rather than encourage a fuller understanding of the nature of public services. We conclude with a call for forms of organizational research that the current preoccupations of the evidence‐based project marginalize if not write out altogether.     

The Economics of Female Recidivism

This article examines the effect of economic incentives on the rearrest rates of 125 women ex-felons. The data are drawn from the TARP experiment designed around the premise that individuals steal largely out of economic need. Many criminologists have argued that female crime is sexual and emotional rather than rational and economic in nature. Results, however, support the expectation that unemployment compensation and employment are negatively associated with rearrests for economic crimes. Also, exogenous factors of criminal background and marital status reveal important differences in post-release behavior.     

High Conflict Divorce,Violence, and Abuse: Implications for Custody and Visitation Decisions

Today, judges are faced with the daunting task of determining the best interests of the child and making appropriate custody awards to that end. The best interests of children becomes a critical question when domestic violence is involved; yet, determining what constitutes domestic violence is often debated. Research is often divided on what constitutes domestic violence. One body of research focuses on conflict, another focuses on domestic violence. What the first group identifies as intense emotional distress and disagreement, the other identifies as abuse. Judges making custody determinations in such cases are faced with the difficult challenge of distinguishing between a divorce with “high conflict” and a domestic violence case with ongoing abuse. This article will summarize the legal, philosophical, and historical understandings of the “high conflict” family and its potential impact on children. It will also provide practical judicial guidelines for making the important distinction between high conflict and domestic violence and subsequently crafting appropriate and safe child custody awards.     

The Sudden Mountains of Yangshuo

AFTER the clogged roads of Beijing that I’d left behind three hours previously, the hour’s drive speeding along 66 km of road from Guilin in northeastern Guangxi to the picturesque county of Yangshuo was a dream. The strange Karst topography of the area is made up of distinctive upright mountains that rise suddenly from flat-bottomed valleys. Already breathtaking in Guilin, the views grew stranger and more stunning as we rushed towards Yangshuo. Only when we arrived in the county did I truly understand the truth behind the pervasive Chinese saying, "Guilin has the best rivers and mountains, but those of Yangshuo eclipse them all."