Laws, Volume 3, Issue 4 (December 2014) – 10 articles , Pages 636-823

Previous research suggests that social relations, in particular the forming of family ties and employment (social factors), self-efficacy (personal factors), and therapeutic interventions (institutional factors) constitute main contributors in post-release success. These studies, however, have largely been based on general delinquents serving relatively short prison terms. This study aims to shed light on the influence of social, personal, and institutional factors on post-release success versus failure among paroled lifers. We conducted in-depth life-history interviews with 64 individuals who had served a life sentence, who were either re-incarcerated for another crime or parole violation, or were currently out on parole. The role of social factors in desistance among long-term incarcerated offenders was minimal. Rather, self-efficacy appeared to be a key element in post-release success. These findings suggest that research based on short-term incarcerated offenders cannot be directly translated to long-term incarcerated offenders. This group does not experience the same traditional turning points, such as establishing family ties and employment. Accordingly, long-term prisoners may go through a different process post-release that determines their success versus failure compared to general delinquents who serve shorter sentences. Full article

While boys who offend have been a dominant majority and primary concern of the juvenile court since its earliest days, the population of delinquent girls has increased in recent years at a far higher rate in the U.S. The special challenges presented by females, however, continue to be generally overlooked by the justice system. Moreover, while a few specialized programs now serve these girls, the field tends to view young female offenders as a homogeneous group; what distinguishes particular female subpopulations and the characteristics associated with different criminal trajectories have gone largely unexplored. Employing data from the state of Missouri, this study examines girls who offend, identifying models that predict subsequent violent behavior that include indicators such as parental substance abuse and incarceration, and offender substance abuse, mental health, and school behavior. Special attention is given to the effects of child maltreatment, which we find significantly, but weakly correlated with violent behavior. The authors conclude by considering the possibility that maltreatment may be correlated with other criminogenic factors, and by discussing the implications of findings for future research and practice, especially services that take into account the trauma experienced by young women who come to the attention of state authorities. Full article

This article uses the debates surrounding the age of consent as a broad umbrella to question the continued usefulness of Queer Theory. The debates surrounding the age of consent illustrate that Queer Theory has not fulfilled its original promise and that it is not (and possibly never been), “fit for purpose”. Towards the end of 2013, the topic of lowering the age of consent in England and Wales was once again much in the news. This article suggests that much of that debate focused expressly or impliedly on the age of which men and boys have sexual intercourse (whether gay or straight), rather than when people have sexual intercourse. Queer Theory (originating from feminism), was intended to be a liberating phenomenon, but contrary to these hopes and intentions, Queer Theory evolved to become synonymous with white gay men, thus denying its origins and becoming distinctly anti-feminist. Those who argue for a reduction in the age of consent have used (whether knowingly or not) an approach which is consistent with this evolved version of Queer Theory. Consequently, the debate on the age of consent has ignored, or given insufficient attention to, the effect(s) a lowering of the age of consent will have on girls and women. This article, therefore, seeks to question, disrupt and unsettle, what Queer Theory has become, suggesting that, in several significant aspects, it fails to fully acknowledge patriarchy; render (lesbian) women visible; acknowledge and accommodate the lived experiences of women. Full article

Youth incarcerated in the juvenile justice system are disproportionately exposed to traumas both in and outside of custody that are associated with poor social, behavioral, and developmental outcomes. The purpose of this paper is to describe one pathway through which trauma can impact a myriad of outcomes, including delinquency, violence, substance use, and other behaviors that are self-regulatory in nature. Relevant research from the developmental neuroscience, juvenile justice, and trauma literatures are drawn upon and synthesized to describe this pathway. Using a multi-disciplinary approach to understanding the role that brain development and neural activity play in the relationship between trauma and associated behavioral outcomes could serve to inform juvenile justice policy decisions and intervention practice. Such application could increase the effectiveness with which juvenile justice systems work with one of the most vulnerable and traumatized populations of youth in today’s society: those incarcerated in our juvenile justice system. Full article

The paper illustrates how architecture can be used to show the contribution and the use of technology in the legal system. The models created enable the rapid identification of the stakeholders, their objectives, the technologies they use, and their goals. Such understanding helps decision makers ensure that the tools and processes enabled by information technology (IT) are aligned with the goals of the legal system. The preliminary framework developed in the paper shows the feasibility and the contribution of such models on a larger scale. Full article

The aim of the present study was threefold: to examine (1) the relation between both cognitive and affective empathy and prosocial behavior; (2) the relation between both cognitive and affective empathy and offending; and (3) the role of cognitive distortions in the relation between cognitive empathy, affective empathy and offending in a sample of adolescent girls with lower SES and education (N = 264). Results showed that both cognitive and affective empathy were positively related to prosocial behavior. Furthermore, cognitive empathy was positively related to offending, whereas affective empathy was not related to offending. Finally, no support was found for our hypothesis that cognitive distortions play a moderating role in the relation between empathy and offending. Full article

Over the last 40 years a number of scholars have called upon fellow criminologists to rethink the field’s priorities and methods, as well as the American criminal justice system and current punishment practices. Drawing on alternative criminologies, including constitutive and peacemaking criminologies, as well as the practice of reintegrative shaming, this paper presents a new model of criminal justice that combines aspects of adversarial, restorative, social, and transformative justice frameworks. The resulting “intersectional criminal justice” offers a holistic harm-reduction model that moves the focus of our criminal justice system away from “rough justice” and towards collective restorative healing and positive social change. Full article

Revolts in Tunisia and Egypt have led many observers to speak of the “first digital revolution” in the Arab world. Social media sites, such as Twitter and Facebook, are now recognised as the important tools that facilitated the “Jasmine Revolution”. In fact, the willingness of the Mubarak government to block all internet connection in Egypt has demonstrated the concern over the power of new technologies in facilitating political change. The tenacity of the social movements that are still on-going in the Arab world continues to demonstrate the important role that networked technologies—such as the internet, satellite channels and social networking sites—play in revolutions. The revolutions demonstrate an effective use of social media and other network technologies as an organisational tool, and as a means of asserting pressure on current rulers and future governments. Accordingly, this article seeks to expose freedom of expression as a fundamental democratic principle and the internet network as a vehicle driving the demonstrations in the Arab countries of Tunisia and Egypt. Full article

Previous research suggests that social environmental and individual-level factors influence adolescent development and behavior over time. However, little attention has been devoted to examining how risk factors (i.e., parental support, peer delinquency, self-control) affect trajectories of criminal behavior among female adolescents. Utilizing data from the National Longitudinal Study of Adolescent Health (n = 5138 females) and latent class analysis, three offending trajectories among females from late adolescence to early adulthood were identified: late escalators, late de-escalators, and stable low/abstainers. Next, the influence of social environmental and individual-level factors during adolescence (Wave 1) on these trajectories was assessed. Results identified key differences in the risk factors related to group placement. The implications of the findings for prevention and treatment services targeting adolescent females, and directions for future research, are discussed. Full article

What happens when judges, in light of their role and responsibilities, and the scrutiny to which they are subjected, fall prey to a condition known as the “online disinhibition effect”? More importantly perhaps, what steps might judges reasonably take in order to pre-empt that fate, proactively addressing judicial social networking and its potential ramification for the administration of justice in the digital age? The immediate purpose of this article is to generate greater awareness of the issues specifically surrounding judicial social networking and to highlight some practical steps that those responsible for judicial training might consider in order to better equip judges for dealing with the exigencies of the digital realm. The focus is on understanding how to first recognize and then mitigate privacy and security risks in order to avoid bringing justice into disrepute through mishaps, and to stave off otherwise preventable incidents. This paper endeavors to provide a very brief overview of the emerging normative framework pertinent to the judicial use of social media, from a comparative perspective, concluding with some more practical (however preliminary) recommendations for more prudent and advised ESM use. Full article