An empirical approach to theoretical perspectives on sentencing in a young offender court

Cette communication présente une analyse de cinq théories des déterminants des decisions des tribunaux à la lumière des donnees quantitatives tirées d'entrevues realisees avec un échantillon de parents de jeunes contrevenants. Les résultats indiquent qu'en dépit des réformes législatives, les infractions liées au statut juridique de la personne demeurent une réalité dans le système judiciaire canadien, et les facteurs associés aux décisions des tribunaux different selon que le délit est de nature criminelle au sens traditionnel ou qu'il est lié au statut juridique de la personne. À la différence de certaines études récentes, les résultats n'appuient pas la thèse libéralo-consensuelle, car diverses variables juridiquement pertinentes n'ont aucune influence sur les décisions du tribunal à l'égard de l'un ou de l'autre type de contrevenant. Par contre, les données relatives aux contrevenants de type traditionnel cadrent assez bien avec l'approche féministe, font penser que les sentences rendues sont plutôt l'inverse ce que prédirait un modèle strictement néo-marxiste et semblent indiquer que les tribunaux entretiennent des liens «flous» avec d'autres secteurs du systeme judiciaire juvénile. D'après les données relatives aux infractions liées au statut de la personne, l'explication des décisions des tribunaux résiderait surtout au niveau des mécanismes de contrôle social. Based on interviews with parents of a sample of young offenders appearing before a family court, this paper presents a quantitative test of five theoretical perspectives on sentencing. The results indicate that despite legislative change, status offenders are still a reality in Canadian courts and factors associated with court outcomes differ depending on whether the offence is of a traditional criminal nature or is a status offence. Contrary to recent research findings, results do not support a liberal/consensus perspective. Legally relevant variables are not found to affect court outcomes for either type of offence. Results for traditional offenders provide considerable support for a feminist perspective on court decision-making processes, suggest that social class effects on court outcomes may be the opposite to that predicted by a strictly neo-Mamian perspective, and provide some support for the notion that courts are ‘loosely coupled’ to other sectors of the juvenile justice system. Results for status offenders point in the direction of a social control explanation for court outcomes.     

Family member response to violent infant kidnapping

All family members interviewed suffered from chronic posttraumatic stress disorder 5 or more years after an infant kidnapping. Psychiatric nurses should routinely assess for secondary victimization related to any type of traumatic stressor. Nurses should refer parents and families to materials available from the National Center for Missing and Exploited Children (NCMEC) (http://www.missingkids.com/).     

The use of temporary restraining orders (TROs) as a strategy to address intimate partner violence

One of the most prominent interventions developed to protect victims in domestic abuse cases is the temporary restraining order or "TRO," the purpose of which is to restrain an alleged defendant from further harassment or abuse against a plaintiff. This report analyzes 397 restraining order petitions, and subsequent arrest and conviction data for TRO defendants from 1996 to 1998. Findings confirm that TRO petitioners report many types of abuse and while half of TRO defendants do not re-offend, a small percent of defendants are responsible for multiple police reports, arrests, and criminal violations. Outcome data are discussed for program and policy implications.     

Physical and mental health effects of being stalked for men and women

Stalking is relatively common yet little is known of the longer-term health effects of stalking. Using the National Violence Against Women survey, we estimated lifetime stalking victimization among women and men, ages 18 to 65, identified correlates of being stalked, and explored the association between being stalked and mental and physical health status. With a criterion of being stalked on more than one occasion and being at least "somewhat afraid," 14.2% of women and 4.3% of men were victims. Among those stalked, 41% of women and 28% of men were stalked by an intimate partner. Women were more than 13 times as likely to be "very afraid" of their stalker than men. Negative health consequences of being stalked were similar for men and women; those stalked were significantly more likely to report poor current health, depression, injury, and substance use. Implications for victims, service providers, and the criminal justice system were reviewed.     

Social Security and SSI as safety nets for the elderly poor

Partial privatization of Social Security is being considered as an integral part of the future Social Security program for American retirees. Because privatization creates uncertainty about the amount of retirement income that future retirees may expect to receive, the issue of a safety net is critical. This article presents the findings from an empirical study that investigated the degree to which the current Social Security and Supplemental Security Income (SSI) programs provide a safety net, separately and in combination, to the elderly poor. The major findings were that the Social Security program not only increases the income statuses of both posttransfer and pretransfer poor elderly people considerably, but that the program also significantly equalizes the distribution of income among them. In addition, the SSI program supplements the Social Security program in establishing an even greater safety net, especially for posttransfer poor elderly people. On the other hand, Social Security benefits make the income disparity among races greater between both posttransfer and pretransfer poor elderly people. Implications for policy are discussed.     

Implementation issues for consumer-directed programs: comparing views of policy experts, consumers, and representatives

An increasing number of aging community providers and consumers support consumer-direction (CD) in long-term care services. In regard to devolution, consumer-direction goes beyond the usual approach of shifting responsibilities from the federal government to state governments to bring programs "closer to the people." Consumer-direction goes even further by placing resources directly in the hands of consumers. Yet, many questions remain unanswered regarding how to implement CD personal assistance services in general, and especially for older persons. This article describes the importance of examining views from multiple key stakeholders involved in implementing CD programs. We report on three background studies that have informed the Cash and Counseling Demonstration and Evaluation (CCDE) design and implementation-policy expert interviews as well as surveys and focus groups with consumers and representatives. As a fourth data source, we drew upon experiences in designing the CCDE and initial results from the first year of implementation. Each of the three studies on its own provided essential information for planning the CCDE. However, when we examined the studies together, and added CCDE design and implementation experiences, views expressed by the different stakeholders formed a type of multi-perspective "dialogue" that expanded our knowledge about implementing CD services. We hope this increased knowledge will help expand the availability of such services for consumers of any age who want to direct their own care.     

Widowhood and spirituality: coping responses to bereavement

Nearly half of women age 65 or older are widows and nearly 70% of these women live alone. Because older women are three times more likely than their male counterparts to be widowed, widowhood has been labeled a primarily female phenomenon. This review article has two aims: (a) to discuss the impact of widowhood on the lives of older women and (b) to discuss how religion and spirituality may be used as coping methods for conjugal loss. After reviewing the literature the authors conclude that older women use religious coping as well as religious and spiritual beliefs and behaviors to facilitate positive adjustment to the loss of a spouse.     

An attribution model of public discrimination towards persons with mental illness

In this study, we build on previous work by developing and estimating a model of the relationships between causal attributions (e.g., controllability, responsibility), familiarity with mental illness, dangerousness, emotional responses (e.g., pity, anger, fear), and helping and rejecting responses. Using survey data containing responses to hypothetical vignettes, we examine these relationships in a sample of 518 community college students. Consistent with attribution theory, causal attributions affect beliefs about persons' responsibility for causing their condition, beliefs which in turn lead to affective reactions, resulting in rejecting responses such as avoidance, coercion, segregation, and withholding help. However, consistent with a danger appraisal hypothesis, the effects of perceptions of dangerousness on helping and rejecting responses are unmediated by responsibility beliefs. Much of the dangerousness effects operate by increasing fear, a particularly strong predictor of support for coercive treatment. The results from this study also suggest that familiarity with mental illness reduces discriminatory responses.