Is the Process the Only Punishment?: Racial–Ethnic Disparities in Lower-Level Courts

Although misdemeanors make up the bulk of criminal cases in the United States, the majority of research on court decision-making examines felony sentencing. In contrast to felony courts, lower-level courts are characterized by higher case volumes and increased reliance on informal sanctions, which may contribute to greater racial–ethnic disparities. To assess this possibility, we examine pretrial detention and case processing outcomes for misdemeanants in Miami-Dade County, Florida. Utilizing temporal (detention time) and monetary (bond amount) measures of pretrial detention, we assess whether and to what extent there are racial–ethnic disparities in formal and informal sanctions facing misdemeanants. Results indicate that black defendants, especially black Latinx defendants, face greater informal sanctions (longer detention and higher bond amounts), are more likely to be convicted, and experience more severe formal sanctions than do white non-Latinx defendants. These findings complicate Feeley's (1979) argument about lower-level cases, revealing that black defendants are punished by both the court process and formal sanctions. In this way, “the process is the punishment” for lower-level white and nonwhite defendants, while the punishment is also the punishment for black defendants.     

Britain After Brexit

On January 31,Britain exited the EU after being a member for 47 years.Rather than national celebrations,and a statement before a live crowd from Prime Minister Boris Johnson,the event itself was marked in an almost low-key way.After all,this was something which had been attempted two times before,under the prime ministership of Theresa May,and once under Johnson.Johnson’s final securing of an agreement to exit from the British parliament this time was a direct result of his being able to secure a working majority in the December 12,2019,election for the Conservative Party.     

Chemical composition and structure of the microcrystals formed between silver(I) and gamma-hydroxybutyric acid and gamma-hydroxyvaleric acid

This study examined microcrystals formed by silver with gamma-hydroxybutyric acid (GHB) and gamma-hydroxyvaleric acid (GHV), the five-carbon analog of GHB, in the presence of silver, copper, and lanthanide nitrates. Distinct microcrystals formed with silver (+1) and lanthanum (+3) ions but not with the copper (+2) ions. The crystals formed with GHB were distinctly different than those formed with GHV and in all cases, the drug microcrystals were easily distinguishable from reagent crystals. X-ray diffraction analysis provided definitive structure for the microcrystals. The morphological differences between the silver-GHB and silver-GHV crystals were characterized using simple measurements such as size and angles provided by image recognition software. The utility of the test for casework was demonstrated using spiked beverage samples.     

Joining Hands Northand South

<正>The signing of China-Australia FTA deal ushers in a new era for Asia-Pacific trade The final signing of the Free Trade Agreement(FTA) between Australia and China on June 18 marks the end of discussions and negotiations that have been ongoing since the mid-2000s.While nowhere near as epic as the 14-year period during which China was working on entering the World Trade Organization up to the time of its entry in 2001,     

The Ironies of Helping: Social Interventions and Executable Subjects

Law and society scholars have theorized about the link between capital punishment and the hegemony of individualism, but few offer empirical investigations to illustrate how individualism makes capital punishment possible (and vice versa) in the contemporary United States. In order to fill this gap, we analyze the legal and human service records that were compiled in the construction of one executable subject, Daniel Farnsworth. Using a critical discourse approach, we look at what was said and not said about Daniel in the records created by various helping agencies. In our analysis, we demonstrate how the helping agencies involved in Daniel's life repeatedly relied on an individuating psychological paradigm that led them to produce decontextualized catalogs of his actions and characteristics. Next, we illustrate how these pathologizing accounts were, ironically, later invoked in court in the name of preserving his life. Finally, we explain how "helping" discourses, along with the rules that regulate capital defense practice, straightjacket defense attorneys into reinforcing individualism in this context.     

HUMAN TISSUE LEGISLATION AND MEDICAL PRACTICE: A BENEFIT OR A BURDEN?

The scandals surrounding organ removal and retention throughout the United Kingdom provoked several Inquiries and ultimately led to law reform. Although the medical professions were well represented at the Inquiries, little was heard of the voices of those at the 'coal face'. In this scoping study, funded by the Wellcome Trust, we interviewed a number of doctors and others engaged in the uses of human tissue and organs to explore their hopes, concerns and fears about the role of the law in their practices. We found that those involved in transplantation were more aware of, and more actively involve with, the law, whereas others, such as pathologists, had less direct engagement with the law. Most of those we interviewed expressed the hope that law reform would provide much-needed clarity. Although some expressed concern that the law might be over-intrusive, most felt that the placing of authority firmly in the hands of the person him or her self to decide what should happen to their bodies was to be welcomed.     

New Legal Moralism: Some Strengths and Challenges

The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin’s traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges made to Devlin by Hart, Dworkin and Feinberg among others. Second, however, the paper challenges the new generation of legal moralists and suggests some areas for further development. Although Devlin’s position has been scrutinized thoroughly in the literature on the philosophy of law, there has, to my knowledge, been no comparable, systematic critique of these different proponents of legal moralism.     

Are they different? A comparison of risk in Dangerous and Severe Personality Disordered and Personality Disordered hospitalized populations

Abstract

There has been considerable interest internationally in the assessment and treatment of individuals who have a severe personality disorder and who might pose a high risk of future recidivism. In the UK, the Dangerous and Severe Personality Disorder (DSPD) programme was initiated to deal with just this group. It is unclear, yet, whether those admitted to these services are different from those admitted to conventional personality disorder (PD) services. In the present study, 60 patients admitted to DSPD services, under DSPD criteria, were compared with 44 patients admitted to personality disordered (non-DSPD) services within the same high secure psychiatric hospital, on risk measures, including (1) an index of predicted future violence, (2) previous offending behaviour and (3) ‘pre-treatment’ levels of institutional risk-related behaviour. Results indicated that DSPD patients do pose a greater clinical and management risk, have a higher number of ‘pre-treatment’ risk-related behaviour, and have a greater number of convictions and imprisonments after age 18, relative to PD patients. The implications and limitations of these results are discussed.