加拿大社区矫正介评

为了减少迅速增长的监狱人口数量,加拿大在刑事司法程序的不同阶段,广泛实施各种切实可行的拘禁替代性措施,处于社区矫正的罪犯人数明显超过监禁人数,其社区矫正工作已取得法律、经济、社会三重实效。在中国社区矫正的发展过程中,有必要结合中国自身国情与加拿大的经验,坚定不移地将这一既有益于犯罪人重返社会、树立生活信心,又有利于社会和谐的社区矫正工作做好。     

Trauma‐Informed Approaches to Juvenile Justice: A Critical Race Perspective

Youth of color experience disproportionate juvenile justice contact and recidivism. Trauma‐informed approaches may provide important support to these youth and improve their future outcomes. This paper describes dynamics of the various levels of the juvenile justice system (i.e., police contact, courts, correctional placement, aftercare) that perpetuate psychological trauma among adjudicated youth of color. This paper explores trauma‐informed approaches from a critical race theory perspective to address issues of systemic racial injustice in the juvenile justice system. Current and emerging models for trauma‐informed juvenile justice and implications for practice, policy, and research are discussed.     

Agroecology as a territory in dispute: between institutionality and social movements

Agroecology is in fashion, and now constitutes a territory in dispute between social movements and institutionality. This new conjuncture offers a constellation of opportunities that social movements can avail themselves of to promote changes in the food system. Yet there is an enormous risk that agroecology will be co-opted, institutionalized, colonized and stripped of its political content. In this paper, we analyze this quandary in terms of political ecology: will agroecology end up as merely offering a few more tools for the toolbox of industrial agriculture, to fine tune an agribusiness system that is being restructured in the midst of a civilizational crisis or, alternatively, will it be strengthened as a politically mobilizing option for building alternatives to development? We interpret the contemporary dispute over agroecology through the lenses of contested material and immaterial territories, political ecology, and the first and second contradictions of capital.     

Downsizing Juvenile Institutions in Ohio: Five Innovations

Abstract

Over the past 15 years, Ohio’s juvenile justice system has undergone important reforms that have led to a significant decline in the number of youthful offenders committed to state correctional facilities. As such, the purpose of this paper is to describe five unique innovations carried out across the state that have led to the downsizing of juvenile confinement in Ohio. These innovations include (1) the creation of Community Corrections Facilities; (2) RECLAIM Ohio; (3) the Ohio Youth Assessment System; (4) Targeted RECLAIM; and (5) the Behavioral Health/Juvenile Justice Initiative. Lessons learned from these efforts will be identified and discussed.     

Care-tizenship: precarity,social movements,and the deleting/re-writing of citizenship

A series of activist efforts across Europe have been organizing under the umbrella concept of precarity, with a long trajectory of movements facing flexibilization policies, austerity programs and migratory restrictions. The rise of precarity activism in Spain has worked at the intersections of increasing vulnerability and mobility producing a prolific body of activist literature and rich repertoire of strategies. This paper explores how alternative concepts of citizenship have developed within debates among precarity organizing prior to and after the financial crisis in Europe. Concretely, feminist precarity collectives in Spain came up with the play-on-words of ‘Care-tizenship’ to evoke a different notion of political belonging with updated collective rights. The original Spanish term is arguably the result of a typo: an accidental switching of the order of vowels in the word ciudadanía resulted in cuidadanía, which totally changed the root word: from city to care. Caretizenship suggests a community of practice forged by ties of caring relationships, mutually attending to basic needs in a context of increasing vulnerability among local, migrant and emigrant populations. While far from a working institution, this activist theorization provides a ‘horizon’ to work toward constituting an opening of political imagination.     

作为规制与治理工具的行政许可

源于私人生活中财产权人授权他人分享自己财产权实践的行政许可,正成为一种引人注目的政府规制与治理工具。作为治理工具,行政许可承载了一系列不同的社会目标,规制有时只是其中一个主要目标。当行政许可被限定为规制工具时,可以假定其核心是实现对特定行为的控制,具体机制包括信息收集、准入控制、行为监管以及许可的执行。尽管许可制度具有筛选市场主体并对他们进行识别和规制等积极作用,但同时也存在巨大的负面作用,如限制和阻碍竞争、可能导致权力滥用,而且许可制度是有成本的。政府在采取许可制度过程中,应考虑其他能够达成相同制度目标的替代性工具。     

Restorative justice in prisons

Restorative justice (RJ) has found significant utility outside the prison setting. For many reasons, it has not received the same level of consideration inside the institution. While not every case can, or perhaps should be considered for restorative justice processing inside the prison, some could easily fall into the broad purview range of restorative and transformative justice. We provide examples of RJ practices that exist in some prisons focusing on: offending behavior and victim awareness programs, community service work, and victim‐offender mediation, as well as prison systems that exhibit a RJ philosophy. Also considered are the effectiveness of prison RJ practices, and the limitations of such efforts. Although RJ has the potential to have a positive impact on the work of prisons and the experience of imprisonment, it has not found wide acceptance and is currently limited to a relatively small number of prisons and then often only delivered in partial form. We believe that RJ has a realistic future in prison settings and that the contradictions that may be identified are not debilitating.     

The citizen of empire

In this paper, the authors imagine a Citizen of Empire. This is a conceptualization of global citizenship as it might appear in Hardt and Negri's global social order of Empire. The article draws on Hardt and Negri's Empire as the model of global society to imagine what citizenship might look like on a global scale. Hardt and Negri's conceptualization of Empire offers a palette of new and emerging social relationships from which a vibrant conceptualization of citizen and citizenship can be imagined and new democratic politics practiced. First, the authors examine the concept of Empire to unearth foundational concepts upon which a notion of Citizen of Empire can be built. Second, the authors imagine a citizen who ‘calls Empire into being' rather than participating in the ready-made political, cultural, and economic institutions of the nation-state. Without institutional support, citizenship in Empire must be highly generative and creative, and it will operate on a virtual and poetic terrain by enacting mechanisms of deterritorialization, networking, and communication.     

DISCRETION AND DISPARITY UNDER SENTENCING GUIDELINES: THE ROLE OF DEPARTURES AND STRUCTURED SENTENCING ALTERNATIVES*

This article examines the use of alternative sentencing provisions as mechanisms for departing from sentencing guidelines in Washington State and as structural sources of unwarranted sentencing disparity. The authors argue that these structural features of guidelines not only serve as “windows of discretion” through which disparities arise, but they also may encourage disparities by requiring consideration of substantive criteria that disadvantage certain offender groups. The analyses find that males and minority offenders are less likely to receive alternative sentences below the standard range, but that race‐ethnicity and gender have inconsistent effects on departures above the standard range. Theoretical implications of the study are discussed.