Speech and Crime

What kind of constitutional standards are applicable to communications likely to cause listeners to commit crimes? An examination of the tension between the highly protective approach to advocacy of crime taken by the Supreme Court in Brandenburg v. Ohio and the provisions in many criminal codes that make those who encourage criminal violations generally punishablefor solicitation is followed by an analysis of the penological reasons for punishing crime-causing communications and of the relevance to such communications of the justifications for freedom of expression. After an account of the Supreme Court decisions dealing with this subject and a summary critical examination of interpretive approaches to the First Amendment, the author suggests standards for constitutional appraisal of prohibitions of communications that may cause crime. The central proposals are that most statements of fact and value be accorded virtually absolute protection; that dominantly situation-altering utterances, such as agreements, offers of agreement, and orders, be treated as outside the scope of First Amendment protection; and that simple encouragements to commit specific crimes, a kind of action-inducing communication, be granted a degree of protection that depends heavily on context, with criteria like those contained in Brandenburg applicable to public ideological solicitation but with much less restrictive standards applicable to private solicitation.     

China's Space Program: the great leap upward

Since China's great leap into space in late 2003 with their first taikonaut reaching orbit and safely returning to Earth, much attention has been given to the question regarding the future of China's space program. Concerns abound about the Chinese military's role in the space program but hope remains that China's space program will follow a path to a peaceful multilateral exploration of outer space. This paper looks at a possible future for the Chinese space program, one in which the People's Liberation Army (PLA) retains tight control over the direction of the program.     

Can Politicians Control Bureaucrats? Applying Theories of Political Control to Argentina's Democracy

In the United States, an important literature shows that legislators use interest groups, courts, and budgets to assert political control over bureaucrats. Similar theories can be applied to study the scores of new democracies that have emerged in recent decades. In Argentina, politicians in the first administration of Carlos Menem (1989-95) rewrote administrative procedures and relied on both "police patrol" and "fire alarm" oversight to realign the behavior of tax bureaucrats in conformance with their own policy preferences. Whereas U.S. legislators generally prefer complex administrative procedures, different electoral incentives led their Argentine counterparts to support reforms that significantly streamlined those procedures. This finding challenges theories that attribute legislators' bureaucratic preferences to the separation or fusion of powers between the executive and legislative branches.     

The prevalence of violence and relation to depression and illicit drug use among incarcerated women in Recife, Brazil

PurposeTo assess the prevalence and different types of violence experienced by women prisoners in Brazil and the effects of violence on women's depression and illicit drug use.MethodsParticipants (N = 377) were incarcerated women from a state prison in a northeastern city of Brazil. Multivariate logistic regression models (adjusted for age, education, partner status, prison history, drug related offense, and sentencing status) were used to assess associations between each type of violence (physical abuse, sexual abuse, and life threats) and each outcome variable: recent depression and illicit drug use.ResultsThe majority of participants (87%) reported experiencing some type of violence in their lifetime, including physical violence (83%), sexual victimization (36%), and threats on their life (29%.) Sexual violence was significantly related to both recent depression (Odds Ratio (OR) = 2.8; 95% Confidence Interval (CI) = 1.4–5.3) and recent substance use (OR = 2.7; 95% CI = 1.6–4.4) in adjusted models. Experiences of life threats were also significantly associated with illicit drug use (OR = 2.2; 95% CI: 1.3–3.7), as was physical violence (OR = 2.4; 95% CI: 1.2–4.9); however, neither of these latter two violence variables were significantly associated with depression.ConclusionReports of lifetime violence victimization among this incarcerated sample of women were extremely prevalent and relevant to women's depression and illicit drug use. Prison efforts to address women's depression and illicit drug use may be most effective by incorporating aspects related to women's history of victimization, especially given the high rates of violence experienced by women in this sample.     

Exposure to Family Violence in Childhood and Intimate Partner Perpetration or Victimization in Adulthood: Exploring Intergenerational Transmission in Urban Thailand

Investigators who study intimate partner violence have long recognized a relationship between exposure to violence in the family of origin and subsequent offending and victimization in the family context. This relationship holds not only for direct exposure (i.e., experiencing violence), but also for indirect exposure (i.e., witnessing violence against a parent or sibling). Typically, this relationship has been attributed to a social learning process that results in the intergenerational transmission of family violence. In this study, we explore intergenerational transmission in a sample of 816 married women in Bangkok, Thailand to determine how childhood exposure to violence in the family of origin is related to intimate partner perpetration and victimization during adulthood. Our results show that there are indeed long-term and significant effects of childhood exposure to family violence on the likelihood of Thai women’s psychological and physical intimate partner perpetration. However, these effects appear to be indirect. Additionally, our results demonstrate a direct association between childhood exposure to parental intimate partner violence and subsequent psychological and physical victimization in adulthood.     

The Clinical and Adaptive Features of Young Offenders with Histories of Child-Parent Violence

This study compared the clinical and adaptive features of juvenile offenders (N = 223) who were violent towards their parents (CPV) with those who had no history of violence against their parents (NCPV). These two groups were also examined on demographic data, arrest findings, mental health issues, relationship findings, intellectual abilities, and school performance. Youths in the CPV group were more likely to (a) associate with peers who own guns, (b) affiliate with gang members, (c) belong to a gang, (d) have been psychiatrically hospitalized and medicated, (e) have attempted suicide, (f) come from a non-intact home, and (g) have trouble relating to their parents and other household members. The CPV group also committed a greater number of nondomestic violent offenses, while those in the NCPV group committed a greater number of property offenses. Analyses revealed no significant group differences on the Emotional Symptom Index and Personal Adjustment Composite of the Behavior Assessment System for Children; however, interaction effects were detected by gender and race.     

"Keepin' my mind right": identity maintenance and religious social support in the prison context

It is not uncommon for inmates to experience religious conversions in prison. These conversions allow inmates to portray themselves in a prosocial light and help them to establish a sense of control in their current lives, regardless of their past. Despite the value of these conversions, maintaining a new outlook of one's self is remarkably difficult. Using semistructured interviews with 63 inmates who had undergone a religious conversion, the authors examine the process that they engaged in to keep these new senses of self. The narratives suggest that they relied on various social support mechanisms to keep themselves focused and inspired. Specifically, they stressed the importance of connecting with positive others in formal and informal settings, sharing their stories with those in need, and reflecting on their daily choices. It is through these strategies that inmates keep the inspiration and focus to "keep their minds right."     

Public perception of sex offender social policies and the impact on sex offenders

This study examines the public perception of sex offender policies and the perceived impact of sex offender policies on the sex offenders themselves. Specifically, this study explores how the community feels about the effectiveness of policies such as registration and community notification (Megan's Law), and housing restrictions in reducing sexual recidivism. Data are collected from 115 participants from a nationwide online community message board. Results suggest that although most individuals support Megan's Law, they do not feel the policy reduces recidivism. Furthermore, the majority of the participants also do not believe that housing restriction statutes are effective in reducing sexual recidivism. When questioned about the policy impact on sex offenders, the majority of respondents agree that as a consequence of Megan's Law, sex offenders are afraid for their safety; however, they do not believe that residence restrictions hinder sex offenders' employment opportunities. Findings from this study are discussed as they pertain to public policy and sex offender reintegration.