Long-term success in mediation

This article reports the results of a study of the antecedents of long-term success in community mediation. Seventy-three mediation sessions were recorded and content analyzed. The participants were interviewed at two points: immediately after mediation and 4 to 8 months later. No relationship was found between the quality of the agreements—i.e., the extent to which they solved immediate problems- and long-term success as measured by compliance, improved relations between the parties, and the absence of new problems. On the other hand, joint problem solving by the disputants was related to complainant perceptions of improved relations with the other party. Also respondent perceptions that the mediation had been fair and that all the problems had come out were related to all aspects of long-term success in the eyes of the complainant. The latter results support a procedural justice analysis of mediation and underline the importance of mediator attention to the respondent.     

Al Capone and the Internal Revenue Service: State-sanctioned criminology of organized crime

The story of Al Capone's rise and fall as a Chicago gangster has always depended upon selective dissemination of federal agency records, particularly records of the Internal Revenue Service. Capone history, therefore, is state-sanctioned history. The IRS view of the Capone organization, and of the tax evasion conviction, cannot be easily challenged without access to the corpus of the IRS records. Unfortunately, these records remain sealed from public access, despite the fact that selective releases were made prior to 1977 to journalists, popular authors, film producers and historians. Continued secrecy over the Capone records perpetuates a state-sanctioned criminology of organized crime. Calder v. Internal Revenue Service ¹ attempted without success to unlock the corpus of IRS-Capone records to investigate the state-sanctioned view.     

On Giving Legal Form Its Due. A Study in Legal Theory

Abstract.  The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms, along with complementary material or other components of the units, for values realized through law.     

West African Voices

A new literary programme has been started in the West AfricanService of the B.B.C., and this article is a reprint of oneof the talks. The Ibo speaker was formerly in the Customs, andqualified as a barrister last November: he is also the authorof numerous poems in English, and of a novel, The Prince ofUtete. The other two are schoolmasters working as Assistantsat the School of Oriental and African Studies. For technicalreasons, the orthography is not quite complete.     

Politics, culture, and political crime: Covariates of abortion clinic attacks in the United States

This study examined crime and violence against abortion clinics, testing elements of several theories that may help explain the variation of such attacks. The study theoretically and methodologically improved upon the prior research on abortion-related crime and violence. Theoretically, it investigated previously unexamined hypotheses from the social movement literature that may be relevant to this type of behavior. Methodologically, it used more careful measures for several variables, employed unique and heretofore ignored data bases, and examined hundreds of criminal acts across several types of crime (e.g., violence, vandalism, and harassment) directed at abortion clinics. Employing robust logistic regression and correcting for clustering of clinics by state, the study investigated the cross-sectional effects of state-level cultural and structural characteristics on anti-abortion crimes against clinics and staff. Results indicated that some crimes against clinics are more likely in areas where female empowerment is weaker, female victimization is more tolerated, and the anti-abortion movement has failed to reduce abortions.     

JUVENILITY AND PUNISHMENT: SENTENCING JUVENILES IN ADULT CRIMINAL COURT*

The study outlined in this article addressed a key limitation of prior research on the punishment of juveniles transferred to adult court by employing propensity score matching techniques to create more comparable samples of juvenile and young adult offenders. Using recent data from the Maryland State Commission on Criminal Sentencing Policy, it tested competing theoretical propositions about the salience of juvenile status in adult court. Findings indicate that even after rigorous statistical matching procedures, juvenile offenders are punished more severely than their young adult counterparts. We found no evidence that this “juvenile penalty” is exacerbated by an offender's race or gender, but it does vary starkly across offense type and mode of transfer, being driven primarily by drug crimes and discretionary waivers. The import of these findings is discussed as they relate to the future of juvenile justice policy regarding the continued use of juvenile transfer to adult court.