New wine and old wineskins: Four challenges of restorative justice

Conclusion Dissatisfaction with the current paradigm of criminal justice is leading to new programs with different visions. Some, such as restitution, can be incorporated into existing structures. Others, such as victim-offender reconciliation, point to a possible new approach to criminal justice—restorative justice. In some ways, restorative justice is simply a new application of an ancient vision. It is new wine from old vines. But those of us who celebrate the harvest are advised to remember the parable of new wine and old wineskins. Before we begin to pour—before we insert restorative features into familiar responses to crime—we would do well to reflect on what the consequences may be.This article has considered four likely consequences: the challenge to abolish criminal law, the challenge to rank multiple goals, the challenge to determine harm rationally, and the challenge to structure community-government cooperation. Although each challenge is significant, I have argued that all can be effectively addressed. Indeed, they must be if criminal justice is to become—using Justice John Kelly's image—a means of healing the wounds of crime.B.A., Wheaton College 1971; J.D., DePaul University 1975; LL.M., Georgetown University 1993. I gratefully acknowledge the assistance of Dr. Karen Strong, David Carlson, Thomas Crawford, and Dr. Daniel Dreisbach.     

Post-war fascism in the Netherlands

In practically all the countries of western Europe attempts were made, shortly after the ending of the Second World War, to inject new life into national socialism and fascism. This also happened in the Netherlands. Such efforts were being made in the face of severe restrictions since, after 1945, fascist and racist activists could expect to encounter considerably more resistance than they had done before 1940. Nevertheless, fascist and racist organizations have continued to crop up throughout the entire post-war period. The pursuit of fascist continuity in a post-war, anti-fascist climate evoked fierce opposition and sharp conflicts. These conflicts constituted a threat to extreme-right activists, for if such activists could be identified with fascism, they would be discredited and viewed as criminals. They were obliged to adapt to the new situation, but adaptive strategies carried a risk: disavowal of ideological principles. This dilemma has two boundaries: on the one hand the open conflict with the judiciary and, on the other, a vague and nebulous political profile. Both limitations could spell the end of the organization. This article has been concerned with the struggle between fascist and racist organizations and the outside world in the post-war decades. The course of the struggle has had a great deal of influence on the rise and fall of organizations and on the varied forms they have taken. Fascist organizations have to withstand the pressure from without in one way or another, but how? This is the big question which has formed a divisive element for decades now.     

Democratic 'Misfit'? Conceptions of Civil Society Participation in France and the European Union

The European Union's attempts to improve its democratic character increasingly often lead to debates about how to include civil society organizations in its decision-making processes. However, this interpretation of participatory democracy seems at odds with democratic traditions in a number of member states. Among those, France is said to be at the diametrically opposite end of the EU democratization debate spectrum. French democratic thought is based on government through electoral representation. The aim of this article is to analyze both theoretically and empirically the discourse and participatory processes in both the EU and France. While normative approaches to democratic patterns in the EU and French political debate show important differences, empirical evidence suggests that the misfit between the European and French conception of democracy is less developed than one might believe.     

Do Parenting Behaviors Predict Externalizing Behavior in Adolescence, or Is Attachment the Neglected 3rd Factor?

The aim of this study was to examine the role of attachment in the link between parenting behaviors (including positive parenting and negative control) and problem behaviors during adolescence. Using questionnaires, we examined 511 Flemish, Dutch-speaking adolescents ranging in age from 10 to 18 years. We distinguished 3 age groups (10–12, 13–15, and 16–18 years) and conducted mediation and moderator analyses, using multiple regression analyses. Results showed that attachment towards mother and father mediates between negative control and problem behavior in the 1st 2 age groups. The strength of the link between parenting and problem behavior was less strong in the older age groups, while the strength of the link between attachment and parenting was equally important across age groups. Only in the youngest age group, we found some evidence for a parenting by paternal attachment interaction. These findings suggest the need for tailoring existing preventive parent management trainings: more attention should be paid to improve the quality of parent–child interactions and the forthcoming attachment bonds.

Commercial Sexual Exploitation of Children: an Assessment of Offender Characteristics

The commercial sexual exploitation of children (CSEC), specifically child trafficking, producers or consumers of child sex trafficking (i.e., prostitution), sexual abuse images, and enticement, has become a growing area of concern. The increasing profitability of CSEC, combined with the clandestine nature of the offenses, calls for immediate attention from international law enforcement and the mental health community. Paramount to the resolution of this global crisis is the identification of the perpetrators of various CSEC crimes. The research pertaining to these offenders is most frequently aggregated and limited to basic demographic data, providing a larger, more generalized picture of CSEC. The purpose of this study is to determine characteristics, within a sample of known CSEC offenders, that differentiate among offenders who engage in sex trafficking as trafficker; engage in sex trafficking as a producer or consumer; produce, distribute, or possess child sexual abuse images; and travel or use enticements to engage in illicit sexual contact with a minor. This observational, survey design includes a record review of 98 offenders who were processed through the FBI Miami Field Office. Results showed that males are more likely to engage in CSEC offenses compared to females. Offenders who collect child sexual abuse images tended to be employed, had no history of prior arrests, and were older than other CSEC offenders. Additionally, engaging in befriending strategies in order to gain access to a victim was also predictive of involvement in child sexual abuse images. Unemployment was the only statistically significant predictor of engaging in child sex trafficking as either a sex buyer or a producer. Finally, perpetrators who engaged in the traveling/enticement of victims were found to be younger, unemployed, single, and without a known history of contact offending. Implications of the findings are discussed.     

Gangs in the DRC and El Salvador: towards a third generation of gang violence interventions?

The phenomenon of gangs in El Salvador and the Democratic Republic of Congo (DRC) has already been researched, but a comparative study of gangs and gang policies is lacking. In this paper we discuss several gang violence prevention initiatives regarding the Mara Salvatrucha and Barrio 18 in El Salvador, and the kuluna and bashege in Kinshasa, DRC. In order to analyze the different gang interventions, we implement the typology of first and second gang violence prevention initiatives (Rodgers et al. 2009), and propose the evolution towards a third generation of gang violence prevention interventions. While first generation initiatives are security and law-enforcement driven, and second generation initiatives socio-preventive driven, third generation initiatives are more politically driven. The latter indicates a shift towards a vision of dialogue and negotiations to deal with gang violence. However, the different generations are not predefined within time and third generation initiatives can also be followed up by first generation initiatives, which was for example the case in the gang truce in El Salvador. Also, comparative gang research includes challenges, especially when the gang phenomenon in one country is better researched and documented than in other countries. As such, we were unable to identify politically-driven initiatives in the DRC to compare with the ones in El Salvador. Further research is thus required. With this paper we not only aim to contribute to the literature on gang violence prevention and reduction initiatives, we also want to push researchers, practitioners and policymakers to look beyond the borders when setting up gang (violence) prevention and rehabilitation projects, and to learn from other regions where similar initiatives have been implemented to deal with comparable issues of gang violence.     

Are DNA data a valid source to study the spatial behavior of unknown offenders?

Studying the spatial behaviour of unknown offenders (i.e. undetected offenders) is difficult, because police recorded crime data do not contain information about these offenders. Recently, forensic DNA data has been used to study unknown offenders. However, DNA data are only a subset of the crimes committed by unknown offenders stored in police recorded crime data. To establish the suitability of DNA data for studying the spatial offending behaviour of unknown offenders, we examine the concentration and spatial similarity of detected but unsolved crimes in police recorded crime data (N?=?181,483) and DNA data (N?=?1913) over 27 Belgian judicial districts for four crime types. We established spatial similarity for certain crime types (in some districts). This offers opportunities for DNA data to be used to study unknown offenders' spatial offending behaviour. Implications for theory and research are discussed.