“Another World is Possible”: Theorizing the Radical Politics of Democracy,North and South

This article examines the cultural politics of organizing in the Occupy LA movement. Utilizing ethnographic methods and the analysis of digital media sources produced by a variety of Occupy activists, this study focuses on how members of Occupy LA, in the post camp eviction period, made efforts to infuse a new kind of class politics among members of the newly and structurally dispossessed in the Los Angeles area. It focuses mainly on their efforts to build bridges among a variety of community based social movements during specific actions such as May Day 2012 and their efforts to ally themselves with organizations fighting the gentrification of Downtown Los Angeles and Skid Row in particular. Utilizing the theoretical lens of David Harvey's notion of “accumulation by dispossession” it concludes that Occupy LA has helped to open up new opportunities for rethinking the concept of “class consciousness” and its relationship to the structural dispossession of black and Latino communities. It also concludes that while this new politics is tentative and fragile, it has also opened up a creativity in thinking through the practical organizational issues of dealing with organizing across lines of race, class, and gender.     

Regulating the race: Aboriginal children in private European homes in colonial Australia

Abstract

This article focuses on the incorporation of Aboriginal children into European families on a private basis in the colonial era. While state-based missions and reserves were central sites where Aboriginal children were placed, other Aboriginal children were privately placed with European families during the colonial era. This article explores the shifting reasons for this practice. It finds that Aboriginal children who entered European families away from the control of the state came under the control of Europeans through a variety of ways. Initially, Aboriginal child removals were conducted during the course of violent frontier conflict or involved children who had been impacted by introduced European diseases. Smaller numbers of Indigenous children were taken as objects of curiosity. As the nineteenth century progressed, however, it became increasingly common for settlers to take Indigenous children for labour purposes. The article argues that the white middle-class family was positioned as a site for “civilising” children, where the moral regulation of childhood was conducted. This article adds a new dimension to colonial understandings about the role and structure of the family. It also expands understandings about Indigenous child removal in Australia's past.     

One perspective on sentencing reform in the United States

Summary and Conclusion The most difficult part of constructing a system of criminal sentencing is to be able to give a rationale for each sentence. Historically, this has been an unsurmountable hurdle because it required reformers to resolve the irresolvable conflict between utility and desert as sentencing goals and to measure the immeasurably complex relative utility of the alterative utilitarian strategies of deterrence, incapacitation, and rehabilitation. The good news is that we need not try to leap these insurmountable hurdles: the greatest utility is found in a desert distribution of liability and punishment. By following desert, the criminal law can establish its moral credibility with the public and thereby harness the real sources of social control—the power of social sanctions and internalized norms. In the context of criminal sentencing, this means the system must establish a reputation for giving offenders the precise amount of punishment they deserve. Despite the utilitarian importance of desert, however, nondesert concerns can govern the selection of the sanctioning method. As long as the total punitive bite of all aspects of an offender’s sentence is what the offender deserves, judges otherwise can be left free to construct the sentence they think will best avoid future crime. With a system of punishment units and punishment equivalencies, a desert-based determination of the amount of punishment can co-exist with a selection of sanctioning methods looking to nondesert, utilitarian considerations, such as the need for deterrence, incapacitation, and rehabilitation. This essay is based upon lectures given at the United Nations Asia and Far East Institute (UNAFEI) for the Prevention of Crime and the Treatment of Offenders in Fuchu, Tokyo, Japan. B.S., Rensselaer Polytechnic Institute 1970; LL.M., Harvard University 1975; J.D., University of California-Los Angeles 1973; Dip. Leg. Stud., Cambridge University 1976.     

What does “unwilling” to impose the death penalty mean anyway? another look at excludable jurors

The debate regarding the death qualification of juries usually concerns (a) whether death-qualified jurors have different attitudes and values to excludable jurors, or (b) whether death-qualified juries are more prone to convict. A pivotal question is whether excludable subjects in fact willever impose the death penalty. Subjects were presented with five grisly murder vignettes. Only 40% of excludable subjects refused to consider the death penalty in all of the cases, with the remaining 60% indicating they would consider the death penalty in one or more of the cases. It is argued that the majority of individuals currently being excluded from capital trial juries based on their reservations about the death penalty actually would impose the death penalty for serious enough offenses and that they should therefore be allowed to serve on such juries.