PRIVATIZING PUNISHMENT: TESTING THEORIES OF PUBLIC SUPPORT FOR PRIVATE PRISON AND IMMIGRATION DETENTION FACILITIES

The transfer of authority over the supervision of inmate populations from state and federal governments to private corporations is one of the most significant contemporary developments in the criminal justice system. Yet, the controversy surrounding the private prison industry has occurred in U.S. criminal justice policy circles without any understanding of the public's preferences toward these institutions. In this article, we test several theories that potentially explain opinions toward privatizing carceral institutions: the racial animus, business is better, conflict of interest, and problem‐escalation models. These models are tested with original data from the 2014 Cooperative Congressional Election Survey. The data show that opinions toward the privatization of carceral institutions do not neatly fall along partisan or ideological divisions but are explained by beliefs about racial resentment, corporate ethics, and the potential ability of private companies to provide services cheaper than the public sphere. The results hold important implications for how we understand the future of private carceral institutions in the United States.     

Can restorative justice disrupt the ‘school-to-prison pipeline?’

The ‘school-to-prison pipeline’ now commonly refers to the impact of zero tolerance and other harsh exclusionary discipline policies on school suspensions and expulsions, especially felt among minority students of color in the United States. Abundant evidence now concludes that such students are suspended, expelled, disciplinarily referred and arrested at rates far exceeding either their representation in the population or that of their white peers. Restorative justice practices have emerged as an increasingly popular response to racial disparity in school discipline, supported by research, state and federal governmental initiatives. However, the capacity of restorative justice to limit the school-to-prison pipeline may remain unfulfilled unless it can disrupt current social-organizational structures that maintain racial inequity in institutional structures. This paper considers the effectiveness of restorative justice in schools as an alternative to overly punitive discipline policy and as a strategy for reducing racial disciplinary disparity. It then considers organizational and cultural impediments to implementing restorative justice to overcome racial disciplinary inequity for school-based youth and asserts that restorative justice must strive for more than incremental change inside existing systems.     

RACIAL TYPIFICATION OF CRIME AND SUPPORT FOR PUNITIVE MEASURES

This paper assesses whether support for harsh punitive policies toward crime is related to the racial typification of crime for a national random sample of households (N=885), surveyed in 2002. Results from OLS regression show that the racial typification of crime is a significant predictor of punitiveness, independent of the influence of racial prejudice, conservatism, crime salience, southern residence and other factors. This relationship is shown to be concentrated among whites who are either less prejudiced, not southern, conservative and for whom crime salience is low. The results broaden our understanding of the links between racial threat and social control, beyond those typically associated with racial composition of place. They also resonate important themes in what some have termed modern racism and what others have described as the politics of exclusion.     

‘Demonstrative Evidence’: A Genealogy of the Racial Iconography of Forensic Art and Illustration

This essay stages a critique of the unacknowledged racialising visual regimes that inform forensic pathologys typical body charts. In order to disclose these unacknowledged regimes, I stage a genealogy of the racialising iconography that continues to shape forensic pathologys visual texts. In drawing attention to the racialising visual conventions that constitute the contemporary production of caucacentric forensic body charts, I attempt to disrupt the scientifico-objective status of these visual artefacts in order to underscore their ideological effects. By focusing on the ontological/epistemological split between the corporeality of native informants and white knowledge workers, I underscore the white medico-legal professions historical transmuting of other bodies into objects of knowledge. I conclude by outlining the discursive effects of presenting forensic pathologys caucacentric body charts as demonstrative evidence within the court of law.This is an extended version of an essay first presented at the Association for the Study of Law, Culture, and the Humanities Conference, Cardozo Law School, New York University, New York, USA, March 2003. My thanks to Peter Goodrich and Penelope Pether for their generous enthusiasm and support.     

Older and more recent evidence on racial discrimination in sentencing

Examination of previous studies of racial discrimination in sentencing indicates more widespread evidence of discrimination than allowed in three separate reviews by M. J. Hindelang [(1969).J. Crim. Law Criminal. Police Sci. 60: 306–313], J. Hagan [(1975). InThe Aldine Crime and Justice Annual, Aldine, Chicago], and G. Kleck [(1981).Am. Social. Rev. 46: 783-805]. It is not the case, as these reviewers suggest, that racial discrimination is a thing of the past, shown almost exclusively for capital offences from the American South, and often supported only because relevant legal variables were not controlled. In addition, analysis of recent (1977) data from a non-Southern state (Pennsylvania) covering noncapital offenses and including recommended controls shows that evidence of racial disparity in sentencing is revealed more clearly when separate analyses are conducted within levels of urbanization. The labeling perspective and conflict theory guide our interpretation.     

National health policy: Efficiency-equity synchretism

A new emphasis in national health policy to encourage efficiency has been born in an environment of slower economic growth and an aging population. The increased reliance on market incentives to reduce health care costs does not signal the abandonment of equity as a social objective. To the contrary, the new emphasis on efficiency is intended to provide more and better health care through the generation of savings from the use of management systems to improve productivity. Market incentives and new management systems to increase efficiency are not the antithesis of equity but tools to provide better health care to the poor and to the elderly in an environment of fiscal constraints.     

论迁徙自由

迁徙自由是现代社会公民的一项基本权利 ,当今世界大多数国家的宪法和国际公约中都有对迁徙自由权的规定。由于种种原因 ,我国现行宪法并没有规定这一权利 ,并且在现实中 ,这一权利还受到户籍等制度的极大限制。笔者认为 ,实现迁徙自由 ,是市场经济的客观要求 ,是经济持续增长和现代化的迫切需要 ,也是实现社会公平和履行国际公约的要求 ,我国宪法应及早恢复迁徙自由权 ,同时采取有效措施来保障这一基本人权的实施。     

Whatever Happened to Integrated Transport?

This essay examines the record of the Labour government on transport since 1997. It argues that Labour's plans have been overtaken by events, notably the fuel tax protests and the Hatfield train crash, and that the government has lost sight of its ambitions for an integrated transport policy. Transport is not an end in itself but a means to the end of wider objectives such as social equity, environmental sustainability and quality of life. Measured in these terms, the government's ten-year transport plan is modest in scale and regressive in impact, and lacks and effective demand management strategy. The government should return to the principles of integrated transport. This requires a reformation of the ten-year plan around the objectives of accessibility, liveability and sustainability, and new measures on both the supply side and the demand side of transport.     

When Equality Is not Equity:Homosexual Inclusion in Undue Influence Law

In Barclay's Bank v. O'Brien(1993) the House of Lords extended the undue influence rules to heterosexual and homosexual cohabitees, a move that was widely welcomed and has been endorsed in Royal Bank of Scotland v. Etridge (No. 2) (2001). The paper argues that the extension to homosexual couples is inappropriate, since undue influence is largely a problem of heterosexuality. It is not accidental that there have been no reported cases of undue influence between lesbian or gay partners, not because abuses of power do not occur within such relationships, but because they are free of the central causal factor of undue influence: not intimacy per se but the gendered power dynamic within heterosexual intimacy that has characterised almost all reported cases. The first part of the paper examines the courts' treatment of gay and lesbian couples in other areas of equity and concludes that the absence of gender role assumptions leads courts to treat lesbian and gay claimants more equitably than they do heterosexual women. The second part focuses on the potential for gay and, especially, lesbian relationships to act as models of more egalitarian relationships than heterosexual ones. The dominant discourse of inclusion within the gay and lesbian legal lobby is problematised, and the paper concludes that what is needed is social and judicial recognition of what is different, not what is the same, about our relationships. This revised version was published online in July 2006 with corrections to the Cover Date.     

认真对待行政自由裁量权

现代行政管理范围不断扩张 ,随之而来的是自由裁量权的扩大。然而 ,自由裁量权是一把双刃剑 ,必须要对其加以严格的规制 ,否则 ,会给法治社会造成伤害