“AGING OUT: DON'T MISS OUT”—A MODEL OF COMMUNITY LEGAL EDUCATION

Typically, community legal education projects are ad hoc efforts where attorneys, law students, paralegals, or community organizers present how‐to workshops, develop manuals, or lead informational or training sessions for other attorneys, advocates, or members of the community. However, community education efforts can also promote and encourage public awareness, community engagement, and advocacy. This essay explores why community legal education efforts are needed and particularly well suited for youth transitioning out of foster care, and examines a specific community legal education effort that is being implemented with and on behalf of foster youth transitioning out of New Jersey's foster care system. The hope is that by studying this example, others may learn from it and be inspired to replicate it, as part of a state's or a community's overall effort to aid, empower, and engage foster youth.     

网络服务提供者的连带责任分析——对《侵权责任法》第三十六条的思考

《侵权责任法》第36条规定了网络侵权,为追究互联网环境下的侵权责任提供了法律依据。其中"网络服务提供者"一词从整体上应作广义理解,包括ICP与ISP,但第2、3款中的连带责任人现仅为ISP。若ISP明知或有合理理由知道网络用户侵权,但不采取必要措施,它实际上就为网络用户提供了不作为的帮助,与之构成共同侵权,承担连带责任。     

浙南畲族社会变迁中的文化适应——以景宁敕木山区畲族村落社区汤夫人信仰为田野案例

以浙江景宁畲族自治县敕木山区惠明寺等“六保”畲族村落社区汤夫人信仰为田野案例,从文化适应与族群互动的视角,着重阐释了“六保”畲民是如何通过对汉文化采借和再编码的方式建构起族群内部的汤夫人信仰体系的,以及该信仰体系的社区功能意义。从而为深入解读浙南畲族文化特质及其社会经济文化变迂规律,提供一种分析的新路径。     

论我国社区矫正制度的理性构建——基于对南京盘城街道社区矫正司法实践情况的调研

社区矫正工作在我国起步较晚,实践中成绩与问题并存。南京作为我国社区矫正的首批试点城市之一,在长达7年的摸索中积累了丰富的经验,建立了比较成熟的社区矫正制度,但暴露出的问题也反映了社区矫正工作在国内普遍存在的积弊。要使社区矫正制度在中国生根发芽,必须首先解决社区矫正适用范围、执法主体、矫正措施等制度性的问题;而从大的方面来看,社区矫正的构建,归根结底还在于对行刑个别化和行刑社会化原则的贯彻。     

Protecting democracy: a parsimonious,dynamic and heuristic model of controlling crimes by the powerful*

Crimes of the powerful (i.e. corporations, elites, organized crime groups, states, white collar criminals, etc.) have numerous devastating effects. That is why, over the centuries, some philosophers and political theorists - and more recently some constitutional experts, and selected social scientists - have proposed and analyzed the best ways to deter, minimize, prevent, regulate, and hereafter control large powerful interests. Not all powerful actors, however, are equally dangerous nor does this threat remain constant. Moreover, not all methods of control work for all entities. In order to better understand this process, one must determine a number of things including: which powerful actor is currently the most dangerous/harmful, where controls do not exist and/or do not function well, and which controls work best and in which particular setting. To achieve this goal, scholarship in diverse fields need to be integrated, with specific reference to the challenges and problems that have arisen and the solutions that have been proposed. To this end, this article develops a parsimonious but dynamic and heuristic model, consisting of a number of interconnected factors, to depict the process of controlling crimes by the powerful.     

Punishment justifications in rape cases: a community study

Norway is one of the countries with the most progressive criminal justice systems in the Western world. Traditionally, the Norwegian criminal justice system has been mainly based on treatment and deterrence perspectives. While it is believed that criminal justice practices should be in accordance with public attitudes, few studies in Scandinavia have investigated public attitudes towards criminal justice sanctions in a methodologically sound manner. The current study is the first to investigate the attitudes of the Norwegian public towards punishment of rapists. In a Norwegian community sample (N = 475) from 2005, participants found the typical sentencing severity of a convicted rapist too lenient. The participants did report that as a global sentencing orientation, they preferred incapacitation. When presented with a specific rape case, their sentencing judgements were oriented towards both incapacitation and retribution, but their global orientation were not related to their specific judgements. Aggravating circumstances (e.g. violence was used) were found to influence the participants’ judgements more than when no aggravating circumstances were present (e.g. no violence was used). Few gender or educational differences were found, which indicates that these attitudes towards punishment of rapists are quite consistent across demographical groups.     

Resisting ‘progressive’ carceral expansion: lessons for abolitionists from anti-colonial resistance

This article documents a government-led strategy to more closely integrate policing with community-based ‘crime prevention’ programming in the city of Winnipeg, Manitoba, Canada. These initiatives have targeted neighborhoods with large Indigenous populations. In this article I illustrate how community-level conflicts over responses to ‘crime’ are also sites of settler colonial conflict, and how settler colonial governance is reproduced and resisted through the governance of crime. Interviews with politicians, policy-makers, bureaucrats in the crime prevention branch of the provincial government, and directors and employees at community-based organizations suggest that the pursuit of the government strategy of integrated crime prevention and suppression has been more a project of attempting to ‘manage’ urban Indigenous people than serve their interests. As a contribution to abolitionist thought and theory, this article profiles sites of conflict between community police and community-based organizations over definitions of the ‘crime’ problem in city-center Winnipeg. These examples highlight a kinship between carceral abolitionist and decolonial politics.     

Community hierarchy of needs and policing models: toward a new theory of police organizational behavior

This study explains the influences of environmental variables on the emergence of varying policing models. It empirically tests a new perspective on the influences of community variations to police organizational behaviours and practices among local police departments in the U.S. Using the U.S. Census, the Uniform Crime Reports and the Law Enforcement Management and Administrative Statistics data, the study tests a perspective suggesting that community hierarchy of needs influences the degree level of the implementation of different models of policing, particularly community policing. The study presents constructs to operationalize hierarchy of needs. Multiple regression analyses were used to examine the relationships of hierarchy of needs, organizational factors, and other control variables to police departments’ pursuit of different policing models. Findings suggest that community hierarchy of needs and organizational factors significantly constrain the departments’ implementation of policing models. Lower hierarchy of needs tends to be associated with pursuit of traditional policing while a community with higher level needs tend to pursue community policing. Similarly, organizational complexities influence the implementation of different policing models.     

CONTEXTUALIZING COMMUNITY CRIME CONTROL: RACE,GEOGRAPHY, AND CONFIGURATIONS OF CONTROL IN FOUR COMMUNITIES*

Criminology and urban sociology have long‐standing interests in how neighborhoods and communities respond to and control crime. We build on the literature on social disorganization, collective efficacy, and new parochialism to develop a framework that explains how and why communities respond differently to crime. We draw on more than 2 years of comparative ethnographic data and 56 resident and stakeholder interviews on responses to crime in four communities in two states. We find that the intersections of racial composition, geography, and crime narratives in each place contributed to distinct community responses to crime. By analyzing these dynamics across the four sites, we propose three types of public–parochial partnerships that communities use to respond to crime: public alliances that rely primarily on public forms of control, tentative public–parochial partnerships that rely on tenuous connections with public institutions, and grassroots engagement with public institutions. We explain the emergence of these three approaches as patterned responses rooted in characteristics of local contexts, including racial composition and geographic isolation.     

完善我国社区矫正组织管理体制的探讨

我国社区矫正的试点与推进所取得的成绩是毋庸置疑的。但是社区矫正组织管理体制存在的刑事执法性质模糊、专业化程度较低、＂双主体多层次＂的体制不利于工作效率的提高、分配制度不利于调动社区矫正工作者的积极性等问题。建议在我国司法行政部门建立单一的、专业化的社区矫正管理机构,适当减少行政层次,同时建立高素质的社区矫正工作者队伍。