Perceptions of domestic violence and mock jurors' sentencing decisions

The purpose of the investigation was to examine the influence of the victim's provocation and hopefulness on the sentencing of a husband convicted of domestic violence. It was hypothesized that mock jurors would assign less-severe sentencing if the victim was provoking and hopeful. Mock jurors read one of four factorial court case combinations of provocation and hopefulness and rendered an individual predeliberation sentence and a group postdeliberation sentence. Analyses revealed a significant effect of provocation, indicating that participants reduced the sentencing for the defendant when the wife was provoking relative to when she was not provoking. The analyses also revealed an effect of gender on predeliberation sentencing, with women delivering more-severe sentences than men. The effect of gender was not present in the postdeliberation sentencing, indicating that deliberation produced a sentencing compromise between women and men. The implications of these findings are discussed.     

Does Mandatory Diversion to Drug Treatment Eliminate Racial Disparities in the Incarceration of Drug Offenders? An Examination of California’s Proposition 36

Objective

This paper addresses previous shortcomings in the literature on racial disparities in incarceration for drug offenders by taking advantage of a change in sentencing policy in California and a rich administrative dataset that is able to create a sample of comparable White and Black offenders.

Method

We use a nonparametric propensity weighting approach to identify similarly situated White and Black male offenders charged with drug-related offenses. We combine this approach with a difference-in-differences model to estimate the effect that a change in California sentencing law for convicted non-violent drug offenders had on racial disparities in prison and drug treatment dispositions.

Results

We find substantial reductions in the probability of a prison sentence after the policy change, but not differentially for Blacks. Blacks remain more likely to go to prison than similarly situated Whites after the policy, although the policy does lead to more referrals to treatment for Blacks.

Conclusions

This paper shows that even after comparing Blacks and Whites in similarly situated contexts that racial disparities in prison commitments remain after sentencing law changes that mandate diversion to drug treatment. The results suggests that addressing racial gaps in the commitments to state prisons will likely require more than shifting the eligibility of drug convictions for prison, as accumulated criminal histories are the primary driver of prison sentences. This means that expanding diversion options from prison alone will not reduce the racial gap in commitments to prison for drug offenses more than incrementally.

     

Towards an Emancipatory International Law: the Bolivarian reconstruction

In this article, we argue that a unique South American treaty known as ALBA—the Bolivarian Alliance for the Americas—puts forward a cohesive counter-vision of international law rooted in notions of complementarity and human solidarity. We further argue that Third World Approaches to International Law (TWAIL) scholars might use this initiative as a springboard to push forward a long-overdue reform of the international legal regime. While, on its own, ALBA is unlikely to pose much of a challenge to the structural imbalances that permeate global society, when juxtaposed alongside the many initiatives of the Bolivarian Revolution, it appears to possess significant democratic potential. With both scholarly and popular support, ALBA may even have the capability of sparking a renewal of a united Third World movement.     

Barriers and Supports to Dating Violence Communication between Latina Adolescents and Their Mothers: A Qualitative Analysis

Few Latinx parents and adolescents talk with one another about dating violence, yet communication with parents could help adolescents make better decisions about dating relationships. Seventeen Latina adolescents (15–17 years old) and their mothers living in Washington D.C and central Virginia participated in semi-structured interviews to explore their perceptions of dating violence behavior and communication with parents about dating violence. Interviews were digitally recorded, transcribed, and coded for emergent themes using a grounded theory approach. Seven themes emerged and were grouped into three domains: (a) Parental Messages about Problems in Dating Relationships; (b) Barriers and Supports for Parent-Adolescent Communication about Dating Problems; and, (c) Cultural Values and Differences. The results of this study can be used to inform future work focused on improving parent-adolescent communication about dating violence and to enhance healthy adolescent Latina dating decisions.