THE “TRUE” JUVENILE OFFENDER: AGE EFFECTS AND JUVENILE COURT SANCTIONING

Age is the only factor used to demarcate the boundary between juvenile and adult justice. However, little research has examined how age guides the juvenile court in determining which youth within the juvenile justice system merit particular dispositions, especially those that reflect the court's emphasis on rehabilitation. Drawing on scholarship on the court's origins, attribution theory, and cognitive heuristics, we hypothesize that the court focuses on youth in the middle of the range of the court's age of jurisdiction—characterized in this article as “true” juveniles—who may be viewed as meriting more specialized intervention. We use data from Florida for court referrals in 2008 (N = 71,388) to examine the decision to proceed formally or informally and, in turn, to examine formally processed youth dispositions (dismissal, diversion, probation, commitment, and transfer) and informally processed youth dispositions (dismissal, diversion, and probation). The analyses provide partial support for the hypothesis. The very young were more likely to be informally processed; however, among the informally processed youth, the youngest, not “true” juveniles, were most likely to be diverted or placed on probation. By contrast, among formally processed youth, “true” juveniles were most likely to receive traditional juvenile court responses, such as diversion or probation.     

The Logic of Time in Law and Legal Expert Systems*

Abstract. Research on an expert system regarding unemployment insurance law has pointed to the difficulties of explicitly representing temporal relations. The question has been addressed in the artificial intelligence literature with respect to planning systems and linguistic analysis. The approaches adopted do not appear to be directly transposable to legal discourse. The problem seems so far to have escaped notice amongst researchers attempting to develop legal expert systems. The paper explores in a preliminary way how lawyers use temporal concepts. It is submitted that “legal time” only partly overlaps with real time. A sketch of a formalization of temporal relations in law, following J. F. Allen's approach, is presented.     

WHEN DOES A REGULATION BECOME A TAKING? THE UNITED STATES SUPREME COURT'S MOST RECENT PRONOUNCEMENTS

Keystone Bituminous Coal, Irving, and Nollan are thus each consistent with paths taken in relevant precedents–the former two with “multifactor balancing” cases such as Penn Central and the latter with “enduring invasion equals taking” decisions such as Loretto v. TeleprompterM. However, can these twosets of precedents themselves be reconciled? I believe that the correct answer is “yes,” and that we therefore have another reason for asserting that Keystone Bituminous Coal and Nollan are consistent with each other. The tests are compatible in that the Court will first ask itself whether the regulation results in a longstanding occupation of property. If the answer is “yes,” it will declare a seizure then and there. Only if the answer if “no” will it proceed to balance.     

The German Police Forecast for the Year 2000: Administrative and Policy Implications

Projections of the future are often developed to assist organizations in planning and preparing for assigned responsibilities and to serve as guides for long-range operations control and decision-making. As noted by several scholars, American police agencies have paid insufficient attention to futuristics even though most upper level officers voice support for efforts to enhance the ability of decision makers to anticipate future problems. This paper examines the study completed by the International Federation of Senior Police Officers (IFSPO) entitled “Police in the Year 2000” dealing with the West German police system and discusses the implications of that study for police planning and management. Special attention is devoted to aspects of the model considered significant for American policing agencies and institutions.     

Tolerance and Liberal Justice

Tolerance, the mere “putting up” with disapproved behaviour and practices, is often considered a too negative and passive engagement with difference in the liberal constitutional state. In response, liberal thinkers have either discarded tolerance, or assimilated it to the moral and legal precepts of liberal justice. In contradistinction to these approaches I argue that there is something distinctive and valuable about tolerance that should not be undermined by more ambitious, rights‐based models of social cooperation. I develop a conception of tolerance as a complementary principle and an interim value that is neither incompatible with, nor reducible to, rights‐based liberalism. Tolerance represents a particular, non‐communitarian expression of the general dictum that the liberal state, having released its citizens into liberty, rests on social presuppositions it cannot itself guarantee.     

Re‐articulating Identity: The Shifting Landscape of Indigenous Politics and Power on the Ecuadorian Coast

The Levantamiento Indígena of 1990 was a defining moment in the advancement of indigenous politics in Ecuador. Following the uprising of 1990, scholars have paid close attention to the politics of identity and indigenous representation in Ecuador with the main focus being placed on the highland and Amazonian regions of the country. Based on fieldwork conducted in Ecuador's Manabí province, this article provides preliminary insight into the growth of an indigenous discourse on the Ecuadorian coast. I focus on the process of re‐indigenisation in the coastal community of Macaboa. This research is significant because while a great deal of scholarly attention has been paid to indigenous movements in Ecuador's highland and Amazonian regions, indigenous politics on the coast have gone largely unnoticed. The case outlined in this article is emblematic of the shifting nature of identity and the way in which ethnic discourses are increasingly being adopted by marginalised groups in their attempts to negotiate with the state.     

The RWJF Reclaiming Futures Initiative: Improving Substance Abuse Interventions for Justice‐Involved Youths

Juvenile justice systems in the United States do not always respond effectively to substance abuse problems among young offenders. In 2002, the Robert Wood Johnson Foundation launched a 10‐community demonstration project to address this problem. Reclaiming Futures (RF) relies on community partnerships to improve treatment quality, strengthen local leadership, expand inter‐organizational collaboration, and create systems of shared performance management. The initial findings of a cross‐site evaluation suggest that Reclaiming Futures is yielding important and positive change. Bi‐annual surveys of key informants measure the quality and integration of juvenile justice and substance abuse treatment systems in each community. Of 13 indices measured by the surveys, 11 showed significant improvements between 2003 and 2005.     

SUPERMAX INCARCERATION AND RECIDIVISM*

Since the early 1980s, supermax incarceration has emerged as a common feature of the American corrections landscape. This special type of high‐cost housing, which involves extended isolation with little programming or contact with others, remains largely unevaluated and is of interest for three reasons. First, the study of supermax housing offers a unique opportunity to understand the factors related to the successful reentry of offenders back into society. Second, it affords an opportunity to test the claims, many of which are grounded in mainstream criminological theory, that have been made about the putative effects of supermax confinement. Third, it provides an empirical touchstone that can help inform policy debates about the merits of such confinement. Examining data from the Florida Department of Corrections, we test competing hypotheses about the effects of supermax housing on 3‐year recidivism outcomes. We find evidence that supermax incarceration may increase violent recidivism but find no evidence of an effect of the duration of supermax incarceration or the recency of such incarceration to the time of release into society. We discuss the findings and their implications for theory, research, and policy.