Ordinary Sentences for Extraordinary Crimes

In comparison to sentences meted out by international tribunalsat Nuremberg, Tokyo and Arusha, and by domestic courts, sentenceshanded down at the International Criminal Tribunal for the formerYugoslavia (ICTY) have been inexplicably lenient. Factors thatmay have contributed to the high proportion of low sentencesat the ICTY include undue emphasis on mitigating factors, particularlythose of particular importance to the Tribunal, the use of pleaagreements, the absence of a separate sentencing hearing followingconviction and the practice of using global (rather than separate)sentences. To make sentences more proportionate to the crimescommitted, the objectives of sentencing should be clarifiedand re-evaluated. Greater weight should be given to deterrence.In assessing the gravity of the offence, the quantum of harmcaused to and suffering experienced by direct and indirect victimsof the crime merits more detailed evaluation. The importanceof mitigating circumstances (such as combating historical revisionism,pleading guilty, expressing remorse and voluntary surrender)should continue to be fully recognized but those factors shouldnot attract excessive weight. Plea bargaining and plea agreementsshould be encouraged because they are indispensable to the Tribunal,an institution with significant temporal, practical and resourcelimitations. The sentencing process should take place afterconviction. A sentencing Chamber should be obliged to statethe starting point of the sentence which it deems appropriateand then quantify the discounts it gives to each mitigatingfactor. Greater consideration should be given to imposing consecutiverather than concurrent sentences. The decision not to adoptsentencing guidelines represents a missed opportunity.     

Spain's ETA Terrorist Group is Dying

The armed organization “Basque Fatherland & Liberty” undertook a struggle for an independent homeland vis-à-vis Spanish central government over half a century ago. But today, the author argues, the ETA appears doomed for three reasons. First, Spanish statesmen of the late 1970s agreed to limited autonomy for Basque-dominated provinces, and over time this undermined militancy. Second, Paris has become a strong partner to Madrid in pursuing ETA members—who once could hide readily amidst French Basques. And finally, Spanish policing is now excellent. With good intelligence and professionalism, varied internal security forces have been confronting ETA gunmen and tracking down the personnel of proscribed support groups. Thus, a resilient Spanish democracy offers a case study in how terrorist groups may end.     

Positive Youth Development Among African American Adolescents: Examining Single Parents as a Factor

Over the past few decades researchers have begun to examine the importance of understanding positive youth development and the many contexts in which youth find themselves. The social contexts in which adolescent development occurs are varied and complex, particularly the development among African American youth. African American youth are faced with a number of challenges including living in single-parent homes, high teen pregnancy rates, and poor neighborhoods, yet many of these youth continue to thrive. The purpose of this study was to examine the relationship between family structure (single-parenting) and adolescent outcomes such as educational aspirations and sexual activity among African American adolescent youth aged 12–17. Approximately 462 African American youth were surveyed. A number of positive results emerged; for instance, there was a negative correlation between family structure and educational aspirations. The number of parents in the home did not interfere with youth wanting to complete high school and go on to college (r = ? .218, r² = .04, p < .05). The results also showed that as educational aspirations increased, the number of sexual partners decreased (r = ? .141, meaning that the more adolescents reported a desire to complete high school, they were less likely to report having sexual intercourse. These positive results should be promoted among African American youth so that those faced with these challenges will note that others have overcome and accomplished their goals. In this population educational aspirations were important. Limitations and future research are discussed.     

Assessing the Health Behaviors of African American Emerging Adults

The purpose of this article was to assess the overall health behaviors of African American emerging adults who live in a Midwestern city. Two hundred participants, ages 18–25, completed a 129-item survey. Results indicate that African American emerging adults are engaged in relatively healthy behaviors (i.e., physical activity, low substance use). The results also showed that within the emerging adult developmental period, there are differences in behavior for those who are in the younger (18–20) versus those that are older (21–25) in the developmental period. Limitations, future research, and implications for practice will also be discussed.     

Decisionism and action: changing perspectives in organization theory

The neglect of moral discourse in mainstream organization theory during the past four decades may be attributed to the dominance of the “decision,” popularized by Herbert Simon, as the field's primary unit of analysis. Underwritten by an epistemology derived from the logical positivists’ analytical distinction between value and fact, the idea of decision has come to be uncritically accepted as a morally neutral and empirically self-evident beginning point for organizational analysis. The ethnomethodological writings of Harold Garfinkel, coupled with insights from contemporary philosophy of language, radically challenge the value-fact distinction, pointing to an epistemology of everyday life in which value and fact are initially fused. The inherent fusion of value and fact provides the basis for an alternative epistemology for organization theory—termed the “action” or “process” perspective—which fundamentally alters the empirical understanding of organizational life and, consistent with the writings of Mary Parker Follett, enables the recovery of organization theory's moral center.

Commenting on the effects of technology on modern consciousness, Manfred Stanley has noted that:

Of all the upheavals of history and culture, it is difficult to imagine any of greater scope than the decline and fall not of some one vision of the good, but of the good itself. The rise of the notion that there is no such phenomenon as the good in the objective nature of things must be the most ironic anticlimax possible to centuries of bitter conflict between those who felt themselves empowered to define it.⁽¹⁾

For Stanley, the problem is not technology as such, but “technicism”: the implicit, even unconscious, belief that the humanly possible is synonymous with the technologically available. In technicist consciousness, technology is no longer a means for attaining the good, because “means” presupposes a prior moral or practical end in whose service that means is applied. Should any conception of the good be embraced at all, he argues, it ironically can merely be an artifact of what has been made available by technology.

Technicism has become the predominant attribute of modern consciousness, producing what William Barrett, speaking in a slightly different context, calls “the illusion of technique.”⁽²⁾

In the collective infatuation with technology, Barrett argues,

... we have come to regard it [technology] as the source for the discovery of human meaning. The tragic consequence of this is the inevitable alienation of man from himself and his estrangement from others. The irony of technicism to which Stanley alluded earlier may be summarized as a reversal of a familiar aphorism—invention has now become the mother of necessity—albeit one devoid of moral content.

Stanley sees the rise of technicism as concomitant with the emergence of liberal society, whose institutions have achieved coherence and legitimacy explainable in terms of three themes that have dominated Western thought since the seventeenth century. The first is the general desanctification or secularization of the political economy exemplified ... in the transformation of human skills and the earth itself into objective commodity resources for commercial production.⁽³⁾ The second theme is the ascendancy of the market principle as the chief basis of socioeconomic organization, wherein interests are privately held by individuals rather than shared by communities or other larger collectivities. Finally, there is the theme of pluralistic representation in political decision making, where the expression of individual (and group) interest is tolerated in the hope of achieving a balance among them.

Taken together these themes have produced a pervasive sense of nihilism in Western society insofar as they seem to exclude the possibility “of grounding collective standards of value priorities in anything more transcendent than the simplest shared utilities like power, wealth, and the security of one's immediate personal circumstances.”⁽⁴⁾

The consequence of the three themes of liberal society, profoundly abetted by technicist consciousness, is nothing less than the loss “of a sense of common human community in the West”⁽⁵⁾and also of the moral possibility of a common, transcendent good.     

An Examination of Jury Verdicts for Evidence of a Similarity-Leniency Effect,an Out-Group Punitiveness Effect or a Black Sheep Effect

Archival data from cases adjudicated by jury in El Paso and Bexar County, Texas, were used to test whether a similarity-leniency effect, an out-group punitiveness effect, or a black sheep effect (BSE; J. M. Marques, V Y. Yzerbyt, & J. P. Leyens, 1988) influenced jury decisions. Defendant ethnicity, jury ethnic composition, and strength of evidence against the defendant were coded for 418 closed noncapital, felony cases to test their impact on trial verdicts and sentence lengths. Results indicated complex relations exist among juror and defendant characteristics and their influence on trial outcomes. No support was found for any of the theoretical models as predictors of jury decision-making. Strength of evidence was the most influential variable for both verdicts and length of sentences. Case strength, defendant ethnicity, and jury composition were related to sentence lengths.     

The impact of anti-stalking training on front line service providers: using the anti-stalking training evaluation protocol (ASTEP)

The Anti-Stalking Training Evaluation Protocol (ASTEP) was developed to provide Safe Horizon, a large victim service provider, with an opportunity to evaluate and improve its anti-stalking training program. This report presents the results of this effort to measure Safe Horizon staff's knowledge and general perceptions about stalking, and to assess the impact of anti-stalking training on knowledge about the anti-stalking law, and stalking in general. Although these trainees appeared familiar with stalking issues, they were able to benefit from information about different types of stalkers and stalking, and about the legal options available to victims. The implication of the findings is that, if relatively well-informed staff members of a large victim services agency can benefit from training about stalking behavior, anti-stalking legislation and the needs of stalking victims, there is almost certainly a need for such training among a wider population of victim service providers, law enforcement professionals, and the general public.