Restorative justice and reconviction

Proponents of restorative justice have suggested that its practices have the potential to reduce reoffending by those responsible for a harm. This article examines these claims using the results of two separate studies of the reconviction of offenders dealt with by processes that had restorative characteristics. The first study examines reconviction rates over'a'period'of'six years for a sample of young people who took part in family group conferences. The second study examines outcomes for samples of 100 offenders involved in each of two different community panel pre-trial diversion schemes for adults. One scheme involved offenders and victims meeting together with community panel members to determine outcomes that would repair harm to the victim and contribute to preventing reoffending. The second scheme involved Maori offenders meeting with representatives of their tribe in a setting with spiritual meaning for Maori. Those participating in both the community panel schemes were less likely to reoffend than matched samples of others who had committed similar offenses. There were also economic savings to the criminal justice system when offenders were dealt with by the panels compared to those dealt with by traditional methods. Taken together, these projects indicate that restorative processes and practices can have a positive impact on helping people to avoid reoffending.     

PROTECTING YOUTH PLACED IN UNLICENSED,UNREGULATED RESIDENTIAL “TREATMENT” FACILITIES

Throughout the country, there is considerable inconsistency in how states regulate residential treatment programs for youth. In states with little oversight, the health and safety of youth are unprotected and they may be subject to substandard treatment, rights violations, and/or abuse. Three initiatives to address this issue are reported: (1) an Internet survey of youth who are former residents, (2) a four‐state pilot study of how states regulate and monitor residential programs, and (3) a bridge‐building conference between residential treatment providers and mental health leaders. Recommendations address the next steps for lawmakers, lawyers, judges, mental health and education professionals, and parents.     

Framing the Oxymoron: A New Paradigm for Intelligence Ethics

Despite some arguments to the contrary, I argue that because ethics benefit, rather than harm, the intelligence profession they should be considered an inherent part of intelligence studies. The literature largely presents intelligence ethics as a two-sided debate between teleologists and deontologists. I propose that ethical justifications should instead be considered along a progressive spectrum drawn from the work of moral psychologist Lawrence Kohlberg. Such a spectrum has numerous applications for gauging the moral arguments of individual practitioners of intelligence. I illustrate this using the dilemma of targeted political assassination – first in a hypothetical context, and finally using examples from the investigations of the 1975 Church Committee.     

History in the Law of the Constitution

This article addresses the diminution of historical understanding in English constitutional law by reconsidering Dicey's approach to history in his foundational work. It argues that Dicey's approach was inconsistent and unconvincing – separating a historical view of an evolving constitution from a legal view, discounting history's legal significance and nonetheless repeatedly evoking a whig history to enhance the appeal of the constitution's rules and principles. It recalls the features or deficiencies of whig history, famously characterised by Herbert Butterfield from a modern historical perspective. To Butterfield's characterisation it adds an elaboration on their constitutional significance and a neglected comparative dimension. From those features, it develops, in conclusion, methodological suggestions for a history that might yet serve constitutional legal purposes.     

Underreporting of Bestiality Among Juvenile Sex Offenders: Polygraph Versus Self‐Report

Juvenile sex offenders (JSO) are a specific subset of delinquent adolescents that are receiving more attention because of the crimes they commit and the issues surrounding how to successfully treat their deviant behaviors. Given JSO are such predominant treatment concerns in society, it is essential to identify and target key risk factors. One sexual behavior, bestiality, may be of particular importance to address in treatment. In a meta‐analysis conducted by Seto and Lalumiere, a 14% rate of bestiality among JSO was reported. This current study examined the differences in JSO (n = 32) who admitted bestiality based upon a self‐report measure, the Multiphasic Sexual Inventory‐II (MSI‐II), compared to information elicited by polygraphs. The results indicated extensive underreporting of bestiality behaviors between these two sources of information (MSI‐II = 37.5%; polygraph = 81.25%). These findings are important given the reliance treatment programs place on information elicited from self‐report tools.     

Politics of private regulation: ISEAL and the shaping of transnational sustainability governance

Scholars describe the proliferation of sustainability standards by multi‐stakeholder initiatives as part of an organizational field for sustainability. The aim of this article is to gain a better understanding of the institutionalization process of this global organizational field by focusing on the case of the ISEAL Alliance (the global association for sustainability standards). We show how ISEAL puts specific strategies into place to both reinforce and expand the role and influence of sustainability standards. This institutional entrepreneurship consists primarily of two dimensions: institutionalizing macro‐standards based on a market‐driven and procedural vision of sustainability; and simultaneously legitimating both the tools and ISEAL through internal and external enrolments and entanglements. The characterization of ISEAL's activities in this way brings politics back into the analysis of sustainability standard‐related technical debates and extends our understanding of how the micro‐dynamics within organizational fields are interdependent upon macro‐dynamics outside organizational fields.     

Insomnia, nightmare frequency, and nightmare distress in victims of sexual abuse: the role of perceived social support and abuse characteristics

In this study of victims of sexual abuse, the aim was to investigate the role of perceived social support and abuse characteristics in self-reported insomnia, nightmare frequency, and nightmare distress. Four hundred sixty Norwegian victims of sexual abuse completed a questionnaire assessing perceived social support, abuse characteristics, insomnia, nightmare frequency, and nightmare distress. Results show that higher levels of perceived social support were related to lower scores on all symptom outcome measures. Abuse involving oral, genital, or anal penetration was related to more insomnia symptoms. Longer duration of abuse and threatening conducted by the perpetrator were related to higher nightmare frequency, while threats and abuse involving penetration were related to higher degrees of distress associated with nightmares. In conclusion, the present study provides preliminary data indicating that perceived social support may affect the nature of sleep difficulties in sexual abuse victims. Also, more severe forms of sexual abuse are related to higher levels of sleep difficulties.