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Social Control, Law, Crime, and Deviance Commons™
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Articles 1 - 15 of 15
Full-Text Articles in Social Control, Law, Crime, and Deviance
Judicial Fact-Finding At Sentencing, Stephanos Bibas
Judicial Fact-Finding At Sentencing, Stephanos Bibas
All Faculty Scholarship
This encyclopedia entry summarizes the pendulum-swings that led the Supreme Court in Apprendi v. New Jersey, Blakely v. Washington, and United States v. Booker to limit judges' ability to find facts at sentencing. Paradoxically, the much-criticized Federal Sentencing Guidelines have survived; a line of cases that began as an effort to restore juries' role has turned into a guarantor of judicial discretion; and the doctrine has quickly moved far from its Sixth Amendment roots to a policy balancing test. The Court could instead have pursued a different, more fruitful path. The Court did not have to force sentencing factors into …
Exacerbating Injustice, Stephanos Bibas
Exacerbating Injustice, Stephanos Bibas
All Faculty Scholarship
This brief essay responds to Josh Bowers' argument that criminal procedure should openly allow innocent defendants to plead guilty as a legal fiction. Though most scholars emphasize the few but salient serious felony cases, Bowers is right to refocus attention on misdemeanors and violations, which are far more numerous. And though the phrase wrongful convictions conjures up images of punishing upstanding citizens, Bowers is also right to emphasize that recidivists are far more likely to suffer wrongful suspicion and conviction. Bowers' mistake is to treat the criminal justice system as simply a means of satisfying defendants' preferences and choices. This …
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
All Faculty Scholarship
This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …
Marginalized By Race And Place: Occupational Sex Segregation In Post-Apartheid South Africa, Sangeeta Parashar
Marginalized By Race And Place: Occupational Sex Segregation In Post-Apartheid South Africa, Sangeeta Parashar
Department of Sociology Faculty Scholarship and Creative Works
Purpose: Given South Africa’s apartheid history, studies have primarily focused on racial discrimination in employment outcomes, with lesser attention paid to gender and context. This paper fills an important gap by examining the combined effect of macro-and micro-level factors on occupational sex segregation in post-apartheid South Africa. Intersections by race are also explored. Design/methodology/approach A multilevel multinomial logistic regression is used to examine the influence of various supply and demand variables on women’s placement in white- and blue-collar male-dominated occupations. Data from the 2001 Census and other published sources are used, with women nested in magisterial districts. Findings Demand-side results …
Agency: The Internal Split Of Structure, Yong Wang
Agency: The Internal Split Of Structure, Yong Wang
Department of Sociology Faculty Scholarship and Creative Works
In this article I first examine the ways in which the dual terms of structure and agency are used in sociological theories. Then, relying on Lacan’s notions of split‐subject, the formula of sexuation, and forms of discourses, and Laclau’s theory of ideological hegemony, I argue that agency in most current sociological formulations is but a posited other of the structure that dissolves if examined closely; it is similar to the Lacanian fantasmic object. To resolve the fundamental paradoxes in structure‐agency theories, I reformulate structures as paradoxical, incomplete, and contingent symbolic formations that are always partial and unstable due to their …
Sexual Violence As The Language Of Border Control: Where French Feminist And Anti‐Immigrant Rhetoric Meet, Miriam Ticktin
Sexual Violence As The Language Of Border Control: Where French Feminist And Anti‐Immigrant Rhetoric Meet, Miriam Ticktin
Publications and Research
When I first arrived in the Paris region in 1999 to do research on the struggle by undocumented immigrants (les sans papiers) for basic human rights, discussions of violence against women were remarkably absent from the public arena. Nongovernmental organizations and researchers had begun to broach the topic, but with little public visibility. However, this changed in late 2000, with a media explosion on the issue of les tournantes, or the gang rapes committed in the banlieues of Paris. Such tournantes involve boys “taking turns” with their friends’ girlfriends, both parties usually being of Maghrebian or North …
Invasions Of Conscience And Faked Apologies, Stephanos Bibas
Invasions Of Conscience And Faked Apologies, Stephanos Bibas
All Faculty Scholarship
This comment responds to an essay by Jeffrie Murphy, which powerfully notes the limitations and dangers of using remorse and apology as metrics for punishment. But the state is more justified in teaching lessons than Murphy suggests, and retributivism ought to make more room for victim vindication and satisfaction. Gauging sincerity, while difficult, is not impossible. In the end, Murphy offers strong reasons to be cautious. But a humane society ought to be more willing to take chances and, having punished, to forgive. The essay by Jeffrie Murphy to which this comment responds, as well as other authors' comments on …
Take The Bus? Or Get Busted?: The Relationship Of “Driving While Suspended” (Dws) To The Availability Of Public Bus Transportation, Phil Amerine, Angela Crews
Take The Bus? Or Get Busted?: The Relationship Of “Driving While Suspended” (Dws) To The Availability Of Public Bus Transportation, Phil Amerine, Angela Crews
Criminal Justice Faculty Research
This presentation discusses the results of a project that examined the relationship between arrest for "driving while suspended" (DWS) and driver access to bus transportation. Seventy cases were randomly selected from all 2004 cases of license suspensions among adult drivers in Lawrence, Kansas. Drivers subsequently arrested for DWS during 2005/2006 were compared to drivers who were not in terms of access to bus transportation (distance from residence to bus stop; whether bus was operating). Other measured variables included driver sex, race, and age. Policy implications related to the prevention of DWS are discussed.
The Death Penalty And The Society We Want, Stephen B. Bright
The Death Penalty And The Society We Want, Stephen B. Bright
The University of New Hampshire Law Review
[Excerpt] “At the local level, we can tell a lot about a community by how it treats a homeless person suffering from schizophrenia who is begging on the street. One possibility is to look upon that person with the thought that there but for grace go I, that this person is desperately in need of help, and that we—individually and as a community—must respond by giving a helping hand and making sure that the person receives food, shelter, clothing, and care for such a debilitating mental illness. Another possibility is to simply ignore the person, to step around him or …
Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board
Table Of Contents, Volume 6, Number 3, 2008, The Death Penalty, Editorial Board
The University of New Hampshire Law Review
Table of contents for a special issue on the topic of capital punishment.
Escape From Death Row: A Study Of “Tripping” As An Individual Adjustment Strategy Among Death Row Prisoners, Sandra Mcgunigall-Smith, Robert Johnson
Escape From Death Row: A Study Of “Tripping” As An Individual Adjustment Strategy Among Death Row Prisoners, Sandra Mcgunigall-Smith, Robert Johnson
The University of New Hampshire Law Review
[Excerpt] “The literature on stress and coping in American prisons tends to focus on the social dimensions of prison life. This literature describes a prison culture that shapes prison adjustment; such a culture entails norms, roles, and groups (including gangs) that dictate norms of adjustment. The literature also suggests that prisoners have to find a way to get along in the more public areas of the prison (such as the prison yard or mess hall) or retreat to smaller worlds within the prison while carving out “niches” that allow them to adjust in ways they find more familiar—in their jobs, …
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
Contrived Defenses And Deterrent Threats: Two Facets Of One Problem, Claire Oakes Finkelstein, Leo Katz
All Faculty Scholarship
What relation do the various parts of a plan bear to the overall aim of the plan? In this essay we consider this question in the context of two very different problems in the criminal law. The first, known in the German criminal law literature as the Actio Libera in Causa, involves defendants who contrive to commit crimes under conditions that would normally afford them a justification or excuse. The question is whether such defendants should be allowed to claim the defense when the defense is itself either contrived or anticipated in advance. The second is what we call the …
Torture And The Biopolitics Of Race, Dorothy E. Roberts
Torture And The Biopolitics Of Race, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
All Faculty Scholarship
This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.