The criminalization of immigration and the privatization of the immigration detention: implications for justice

In recent decades, the criminalization of immigration and the use of private prisons have increased in popularity. The criminalization of immigration and the privatization of prisons work hand in hand in shaping the American criminal justice response to immigration. Privatization creates a powerful opportunity for the social construction of the undocumented immigrant into a powerful potential source of revenue for for-profit corporations. Private prison corporations, such as Corrections Corporation of American and The GEO Group, stand to profit significantly from the private immigration detention center. Several investigative reports have focused on how these companies stand to profit, but little attention has been given to the psychosocial consequences that impact immigrant detainees and their families.     

Buried voices: Mexican migrants’ views on the question of illegality

How do immigrant Mexican workers perceive the policies and social discourses that regulate their insertion into American society as noncitizens and illegals? Using ethnographic fieldwork and in-depth interviews, evidence is presented that unauthorized Mexican migrants do not consider themselves lawbreakers but rather moral actors responding to difficult socioeconomic conditions. Informed by a keen understanding of the social forces oppressing them, these migrants articulate a discourse of social justice that works as a powerful counterpoint to the hegemonic ideas of citizenship, belonging, and illegality. A careful analysis of migrant social reflexivity offers a much-needed corrective to the prevailing top-down perspective typically offered among contemporary scholars. By looking at the ways in which migrants make sense of immigration policies and articulate their right to have rights, this examination departs from the widespread tendency among scholars and policy makers of analyzing the migrant’s social and civic status as a matter of assimilation and immigration control.     

Incorporating immigrants as foreigners: multicultural politics in Japan

With the growth of immigrant population over the past couple of decades, a ‘multicultural’ discourse has emerged in Japan. A notable point is that immigrants are expected to be incorporated into the host society primarily as foreigners rather than as Japanese nationals with full citizenship rights. The purpose of this article is to understand this prevailing mode of immigrant incorporation and to consider the comparative implications. By examining the discursive aspects of claims-making on behalf of both old-timer and newcomer immigrants, I argue that the underlying opportunity structures have been reproduced in each phase of immigration-related development in Japan, facilitating the use of the ‘foreigner’ category in advocacy efforts. Official recognition of the category has also helped to further institutionalize it as the main target of immigrant policy. In comparative perspective, ‘incorporation as foreigners’ can be understood as a variant of the ethnic model of immigration regimes in that it tends to reinforce the dominant ethnocultural conception of Japanese nationhood.     

Medical aid as protest: acts of citizenship for unauthorized im/migrants and refugees

This article examines organized efforts by citizens to provide medical aid to unauthorized migrants in Germany. A case study of an activist organization in Berlin highlights how prevailing forms of governance through citizenship are disrupted. Three major themes are explored. First, historical contingencies and policy realities explain why, given examples of grassroots protest by migrants in other settings, efforts in Germany have been driven primarily by citizens. Second, migrants' biolegitimacy shapes specific ideas of relative deservingness. As a result, advocacy for some groups, such as survivors of torture or refugees from specific geopolitical settings, is more highly valued than that which addresses needs of unauthorized labor migrants. Finally, although their sustained efforts have resulted in challenges to policy and called into question prevailing notions of citizenship, medical activist organizations have become increasingly institutionalized, which may jeopardize their goals. As this case illustrates, the distinctive ethics associated with providing medical care has the ability to disrupt the scaling of citizenship by the state by treating noncitizens – especially ‘illegal’ noncitizens – ostensibly as citizens, thus protesting citizenship as the exclusive organizing principle of German society.     

英美刑法中权利限定性原则

英美刑法传统上不考虑被害人行为对犯罪所产生的影响。越来越多的学者认识到,刑事责任取决于加害—被害的互动过程中责任。当被害人以自己的行为而放弃法律所保护的权利时,那么行为人的刑事责任就应在此限度内相应的予以减轻,这就是英美刑法中的权利限定性原则。被害人权利的减少可以是自愿的也可以是非自愿的。目前该原则主要在被害人同意、正当防卫以及挑衅行为中适用。权利限定性原则既考查了行为人的不法行为,也考虑了被害人的行为,是对犯罪事实中的刑事责任的全面反映。因此,应当在刑法理论中建立一套完整的体系,使其得到广泛的适用,而不仅仅是适用于个案。     

我国精神障碍者非自愿医疗的法律透视——以精神卫生法的出台为背景

随着精神卫生法的颁布,我国非自愿医疗法律制度初步建立,为良莠不齐的地方性立法提供了统一的依据,平等地保护了精神障碍者的合法权益。但该法律制度仍存在法律原则中缺乏明确的无病推定规定、非自愿医疗的分类标准单一、"去行政化"理念未能贯彻到位、精神障碍者与监护人利益冲突悬而未决、非自愿医疗的程序规范力度不够、精神卫生法与刑事诉讼法衔接不畅等诸多问题。为妥善解决这些问题,需要在人文主义的价值理念指引下进行完善,应当依据是否触犯刑法分类处理、畅通非自愿医疗的司法救济渠道、加强监护制度与非自愿医疗制度的耦合、细化非自愿医疗的出入院程序、强化无利益关系第三方的监督机制。     

A Clinical Trials Recruitment Education Program for Immigrant Chinese Americans

Abstract

This study was designed to develop and evaluate a community-based education program to facilitate enrollment of immigrant Chinese into clinical cancer screening trials. The program included workshops with culturally tailored health education materials. It was piloted to recruit persons into an ongoing lung cancer screening trial from a senior citizen center in Manhattan's Chinatown and compared with a control program at a second senior center. Survey results from a convenience sample of seniors showed that the workshop raised awareness about cancer screening and clinical trials. However, it did not change attitudes towards cancer screening. The results highlighted prior focus group findings in which factors influencing participation in cancer screening and clinical trials are similar. Important facilitative factors include doctor recommendation, friend/family recommendation, the belief that early detection could “save lives,” no cost, and having an-interpreter.     

Citizenship,enclaves and earnings: comparing two cool countries

This paper uses the Canadian 2006 Census and the Swedish 2006 register data to analyse the citizenship effect on the relative earnings of immigrants, using instrumental variable regression to control for citizenship acquisition. We ask: ‘Is there a citizenship effect and if any, in which country is it that we find the largest effect and for which immigrant groups?’ We add one further dimension, asking if the size of the co-immigrant population in the municipality has an effect on earnings. We find that the impact of citizenship acquisition is substantial in both Canada and Sweden. However, the place of birth of immigrants is important. In most cases, immigrant women in Sweden enjoy a higher citizenship premium than is the case for immigrant women in Canada. Amongst men the picture is more mixed. Most European groups receive a larger citizenship premium in Canada as compared to Sweden. Being in a city with more immigrants of the same background is better for earnings in Sweden than in Canada. However, being in a city with a lot of immigrants (regardless of origin) is better in Canada as compared to Sweden.     

论日本对中国东北地区的移民侵略──日本军国主义侵略本质的新视角

伪满14年期间,日本策划并实施了对中国东北的移民侵略,其政策是通过“移民计划大纲”、派遣“试验移民”及“百万户移民计划”来进行的。日本移民政策的形成过程、各种类型的移民活动及通过国家与民间的管理机构对进入中国东北移民的管理,是为了把日本移民组织成武装集团,监视和镇压当地人民,以达到其长期侵占中国东北的目的。     

Bad cops

Research Summary Police scholars and public policymakers throughout generations have sought to identify reliable correlates of police misconduct. Despite these efforts, general statements as to the etiology and epidemiology of police misconduct remain inconclusive, in part because of the inconsistent definitions of misconduct and the difficulty of obtaining the data required to make such statements. This research attempts to fill these gaps through a comparison of the personal and career histories of all 1,543 officers who were involuntarily separated from the New York City Police Department (NYPD) for cause during 1975–1996 with a randomly selected sample of their police academy classmates who served honorably. The study uses confidential NYPD files as its major data sources, which include extensive biographical and career information. The study finds that career‐ending misconduct rarely occurs in the NYPD and that the types of misconduct do not match well with existing definitions. Several factors emerge as significant predictors of misconduct, including officer race, minimal education, records of prior criminality and prior poor employment, failure to advance in the NYPD, and histories of citizen complaints. Policy Implications This study shows that existing definitions of police misconduct are difficult to apply to actual cases of police malpractice, which leads the authors to create a new eight‐category classification scheme. The rarity of misconduct, especially on‐duty abuse, confirms prior research indicating that most police officers do their jobs without engaging in serious malpractice. These findings suggest that the NYPD has become better behaved as it has become more diverse along race and gender dimensions and that the link between black officers and misconduct might be explained by persistent “tokenism.” The findings related to race have important implications for continued efforts to build racially representative police departments. Personal history findings highlight the importance of conducting background investigations that disqualify candidates with arrest records and employment disciplinary histories, whereas the inverse relationship between college education and misconduct provides strong support for continued emphasis on pre‐ and post‐employment educational requirements.