Girls' Delinquency and the Justice Implications of Intake Workers' Perspectives

Abstract

This research examines the legal processing of girls in the context of intake workers' perceptions of girls' delinquency in a large southwestern county in which Mexican-Americans are the numerical majority. Using official records and in-depth interviews, girls' delinquency and the complexities of intake workers' perceptions of gender, ethnicity and social class are examined. With the exception of a low number of referrals for drugs, girls were referred for those offenses most common among girls nationally: shoplifting, status offenses, and simple assaults. Juvenile Probation and Parole Officers (JPPOs) explained girls' referrals in the context of family and other relationships. Girls were described as sexualized and manipulative. JPPOs identified white girls as privileged and linked this privilege to conflict with parents. Latinas were described as experiencing the most pressure toward traditional gender roles and a sex-based double standard. The implications of these data for juvenile justice decision-making and policy in this jurisdiction are discussed.     

A tale of two states: how U.S. state legislatures consider restorative justice policies

This paper explores recent state legislative processes in Colorado and Texas related to bills proposing support for restorative justice as a juvenile diversion tool for criminal courts. It uses two maximum variation case studies to explore issue statements related to theoretically-supported factors likely to influence the adoption of restorative justice legislation, and draws conclusions about the importance of political partisanship, economic strain, and key figures such as policy entrepreneurs, advocacy coalitions, and interest groups in legislative decision-making. Emerging themes suggest that support for restorative justice policies is at least sometimes bipartisan and is unlikely to be motivated by economic interests. Collaborative processes within a traditionally adversarial system distinguished successful restorative justice decision-making in Colorado.     

Co-option,coercion and compromise: challenges of restorative justice in Victoria,Australia

Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an ‘alternative’ practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice Group Conferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative ‘constraints’ and ‘co-options’ in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we conclude with a discussion of implications for the use of RJ within a highly institutionalized setting.     

Finding our way: early learning from the Compass Project,an Intensive Intervention Risk Management service for women

Abstract

Intensive Intervention Risk Management (IIRM) services are commissioned under the Offender Personality Disorder strategy to contribute to a psychologically informed pathway by supporting individuals ‘through the gate’. This paper reports some of the learning from the first IIRM service for women and outlines how those involved have sought to understand the challenges that were faced by this project in its early days. This paper argues that these challenges help to clarify the role of IIRM services for women and that the ambition for these services should be to facilitate coherent, holistic management. We suggest that IIRM services for women offenders are likely to be most effective if they are well integrated and responsive to the social context, underpinned by a partnership approach and have clear processes for service delivery. Finally, we argue that IIRM services for women should be characterised by a commitment to involvement at every level.     

Shmaglena: Ethnic framework for problem mediating

The article describes traditional mediators (in Amharic, shmaglotz meaning “elders”; shmagaleh in the singular) who fill a range of roles within the community of Ethiopian immigrants in Israel, as well as a mediation process (shmaglena in Amharic). The present research is a constructivist-qualitative study. Thirteen respondents participated in the study, all of whom were exposed to the shmaglena process. The data were collected through semi-structured content interviews. The research elicited that the shmaglena function has undergone transformation and adaptation to the target nation's culture. It was also found that the shmaglotz constitute an informal authority whose roles resemble those of conflict resolvers in other cultures.     

Decomposing disproportionate minority contact in juvenile justice

The objective of this study was to decompose racial disparity in juvenile justice decision-making into a part explained by differing characteristics of racial groups, and an unexplained part often attributed to discrimination. Individual case-level data from Alabama and logistic regression were used to model detention, petition, and disposition decisions in the juvenile justice system. Decomposition of racial disparity between white and black juveniles using the nonlinear Blinder-Oaxaca methodology suggested that about a half to three fourths of the racial gaps in the three juvenile justice decision points were caused either by discrimination or unobserved predictors. Decomposition of racial disparity in juvenile justice can help devise effective public policy by quantifying the extent to which specific policies can reduce disproportionate minority contact.     

Patriarchy,Abortion, and the Criminal System: Policing Female Bodies

This paper argues for a broader consideration of the issue of abortion—one that stresses the centrality of the denial of reproductive rights in the patriarchal policing of women’s bodies and their sexuality. Globally, the estimates of abortion-related deaths in 2014 ranged from 22,500 to 44,000, and countless women are injured or left infertile by seeking illegal abortions. We briefly review international trends regarding abortion politics and then analyze closely women’s access to abortion in two countries: the United States and Bangladesh. Representing two very different contexts of the developed and the developing world, respectively, we contend that abortion services are being constrained by misogynistic politics that deny women control over their bodies. Finally, the paper reviews recent international efforts to establish abortion rights as part of a broader landscape of human rights. Notably, while there are some efforts in the global north to recriminalize both contraception and abortion, these practices have been characterized by a recent United Nation’s report as the deliberate denial of medically available and necessary services and hence a form of “torture.”     

Crime and punishment in Rwanda

In 1994 Rwanda was devastated by genocide that killed hundreds of thousands of people and destroyed the country’s infrastructure. The credibility of the criminal justice system was questioned following the genocide because it had failed to stop the slaughter and may have contributed to it. In order to address these concerns, Rwanda rebuilt its criminal justice system in light of its history and troubled past. The success of the reestablishment may be debated but there can be no question that Rwanda had a tabula rasa with which to form an effective criminal justice system. Examining the law details the ideals of the criminal justice system as established post-genocide. These ideals exemplify the democratic process. Examining current events allows for a practical assessment of the success of the new system. In both theory and practice the country’s criminal justice system has changed drastically since 1994.     

Restorative justice in the Basque peace process: some experiments and their lessons

This paper contributes to the literature that analyses application of restorative justice in transitional societies. It examines recent attempts to employ restorative justice in the Basque peace process following ETA’s ceasefire. Using the Basque experience, it discusses some of the hidden dangers and tensions which arise when attempts are made to utilize ‘traditional’ restorative justice approaches and assumptions underlying them in transitional settings. One of the initiatives under discussion used a well-established restorative justice method of mediation between individual victims and offenders and attempted to transplant it without alteration from the context of ‘ordinary’ crime to the context of ‘political’ crime. It is argued that the scale and complexity of the conflict that looms behind individual offences in question renders certain assumptions and practices of ‘traditional’ restorative justice questionable both ethically and politically. Several other initiatives that have emerged recently in the Basque peace process are discussed which do not take the ‘classic’ form of restorative justice, yet values underpinning them fit well with the restorative justice philosophy. They might suggest a more promising direction for the development of restorative justice in the aftermath of mass violence.     

“司法能动”在中国的展开

原教旨意义上的“司法能动”的核心指的是司法裁判过程中的“立法性”司法。中国法学界对于什么是司法能动在理解上是极不一致的,大多数人根据自己的理解进行了阐发,其中不乏添附、歪曲之界说,甚至以讹传讹之谬误。能动司法在中国的展开,既存在理论根基不足之缺陷,又面临着司法职业化和司法能动化相冲突的尖锐矛盾。但转型社会的现实,又要求中国必须同时完成司法职业化和“中国式”的司法能动化的双重任务。虽然存在诸多不足,司法能动的倡导者提出的问题依然是值得人们认真对待的。