Self-determination as a universal human right

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. However, many recent international human rights documents include rights of peoples in their lists of basic human rights. In this paper, I defend including at least one people’s right, the right to self-determination, in the list of basic rights. Recognizing that self-determination is a constitutive element of human dignity casts state sovereignty in a different light, with interesting consequences both for international law and for philosophical debates about the rights of minorities.     

The Age Structure-Crime Rate Relationship: Solving a Long-Standing Puzzle

Objectives

Develop the concept of differential institutional engagement and test its ability to explain discrepant findings regarding the relationship between the age structure and homicide rates across ecological studies of crime. We hypothesize that differential degrees of institutional engagement—youths with ties to mainstream social institutions such as school, work or the military on one end of the spectrum and youths without such bonds on the other end—account for the direction of the relationship between homicide rates and age structure (high crime prone ages, such as 15–29).

Methods

Cross sectional, Ordinary Least Squares regression analyses using robust standard errors are conducted using large samples of cities characterized by varying degrees of youths’ differential institutional engagement for the years 1980, 1990 and 2000. The concept is operationalized with the percent of the population enrolled in college and the percent of 16–19 year olds who are simultaneously not enrolled in school, not in the labor market (not in the labor force or unemployed), and not in the military.

Results

Consistent and invariant results emerged. Positive effects of age structure on homicide rates are found in cities that have high percentages of disengaged youth and negative effects are found among cities characterized with high percentages of youth participating in mainstream social institutions.

Conclusions

This conceptualization of differential institutional engagement explains the discrepant findings in prior studies, and the findings demonstrate the influence of these contextual effects and the nature of the age structure-crime relationship.     

Observations of reintegrative shaming in a mental health court

This study compares the use of stigmatizing and reintegrative shame - as specified in Braithwaite's Crime, shame and reintegration (1989) - across traditional criminal court and mental health court settings. Items from the Global Observational Ratings Instrument were used to gather data on 87 traditional court cases and 91 mental health court cases, presided over by five different judges. The observational items capture three constructs: respect, disapproval, and forgiveness, as they apply to Braithwaite's theory. We present means tests to examine differences in shaming between court types and judges. Findings show that the mental health court is more likely to use reintegrative shaming and show respect and forgiveness for offenders, and less likely to show disapproval. Similarly, judges who preside in both court types are significantly more likely to practice reintegrative shaming in the mental health court context. We further explore these findings using field notes and illustrate those components of a mental health court that are conducive to reintegrative shaming.