Neighborhood context and racial/ethnic disparities in judicial processing

This article examines the importance of neighborhoods in shaping judicial processing and racial/ethnic disparities in court outcomes. Scholarship instructs that court actors—prosecutors, defense counsel, and judges—make legal decisions with local communities in mind. With the rise of geographic information in arrest records and mapping techniques, greater opportunities exist to evaluate the role of neighborhood context in the juvenile and criminal courts. This article synthesizes research on how the characteristics of neighborhoods where defendants live and/or offend influence judicial processing. Attention is given to how scholars define neighborhoods, identify key neighborhood conditions, and analyze the relationships among places and judicial decisions. Emphasis is also placed on unpacking debates on whether neighborhood conditions diminish or aggravate racial/ethnic disparities in court outcomes, such as incarceration decisions. Its analysis reveals findings of neighborhood effects as well as evidence of neighborhood characteristics widening racial/ethnic differences in judicial processing. This article thus encourages the consideration of community context in disparity studies and policy efforts to improve citizens' access to justice.     

COURT STRUCTURE, DEFENSE ATTORNEY USE, AND JUVENILE COURT DECISIONS

A typology of metropolitan juvenile courts suggests important variations in court structure and procedure. Data describing case characteristics and disposition decisions were drawn from two courts selected to represent "types" ("traditional" and "due process") that are different in structure and procedure. Analyses reveal important differences in the uses of defense attorneys, in case outcomes, and in the variables that influence case decisions. Defense attorney use is more consequential and case decision making is more patterned and regular in the "due process" type court. The study suggests an explanation for contradictions of previous research on the determinants of juvenile court decisions and an interpretation for confusing findings on the consequences of using defense attorneys in juvenile court proceedings.     

Examining Mental Health Court Completion: A Focal Concerns Perspective

Sociologists have long‐raised concern about disparate treatment in the justice system. Focal concerns have become the dominant perspective in explaining these disparities in legal processing decisions. Despite the growth of problem‐solving courts, little research has examined how this perspective operates in nontraditional court settings. This article used a mixed‐method approach to examine focal concerns in a mental health court (MHC). Observational findings indicate that gender and length of time in court influence the court's contextualization of noncompliance. While discussions of race were absent in observational data, competing‐risk survival analysis finds that gender and race interact to predict MHC termination.     

THE SOCIAL AND COGNITIVE STRUCTURE OF LEGAL DECISION-MAKING

This conceptual article uses an interpretive approach to legal decision-making to explain the operation of crime stereotypes in the courts. A model is proposed to address the social psychological dynamics involved in assessing both conforming and exceptional cases. Evaluated against the backdrop of prevailing stereotypes, conforming cases may be disposed of routinely, while exceptional cases present cognitive dilemmas for court actors. In that stereotypes are internalized as enduring mental structures, the latters' dispositions require a more probing search for an explanation of the crime than is necessary with more typical offenses. Legal decisions in exceptional cases are influenced by the meaning court actors attribute to the offense within the context of the offender's alternative (i.e., noncriminal) social statuses. A series of interrelated propositions based on these arguments is formulated.     

Visitation Orders,Family Courts,and Fragile Families

Despite proposals to make parenting time a part of all new child support orders, limited research has examined why some unmarried are more likely than others to establish legal visitation agreements. This mixed‐methods study draws on qualitative data collected from unmarried mothers and fathers living in New York (N = 70) to develop hypotheses about the contexts in which parents set up visitation orders, which are then tested in a large sample of unmarried parents living apart (N = 1,392). Both qualitative and quantitative findings show that disengagement, cooperation, and conflict in the coparenting relationship postseparation influence unmarried parents' decisions about whether to establish a legal visitation agreement. The qualitative data further illustrate how parents' distrust of the court system, preference for informal agreements, and uncertainty about the custody of nonmarital children inform their decisions. The article concludes by considering approaches for helping low‐conflict coparents set up visitation agreements outside of family court.     

Three Recent United States Supreme Court Decisions for Professionals Who Testify in Child Sexual Abuse Cases

This article provides a basic review of the most recent United States Supreme Court decisions that directly relate to child sexual abuse. These cases are Maryland v. Craig, Idaho v. Wright, and White v. Illinois. More specifically, the article illustrates how the legal principles of these cases practically affect professionals who treat and counsel sexual abuse victims when and if they are called to testify in court proceedings. After a brief introduction, a background section succinctly explains the basic legal principles of confrontation and hearsay which underpin the recent Supreme Court decisions. The rest of the article then analyzes each of the three recent cases and focuses on citing examples of testimony that was or was not admissible. This article is not intended to be an exhaustive legal analysis nor a commentary on the appropriateness of the case holdings, but rather a practical review with specific examples of what the United States Supreme Court has held to be acceptable as of this writing.     

The Impact of Parental Incapacity as an Adoption Cause on the Termination of Parental Rights: An Analysis of Court Decisions

Based on an analysis of 261 court decisions, the study demonstrates how the addition of a “parental incapacity” clause as grounds for termination of parental rights (TPR) in Israeli law affected the decision-making process. Specifically, the study examines how the legal reasoning, the rate of TPR rulings, and the type of cases presented to the courts changed following the introduction of the new clause. Less emphasis on parents’ rights was found as opposed to greater emphasis on parental social normativity and a higher rate of TPR rulings based on “parental incapacity.” These findings and their implications are discussed.     

Juvenile or adult? Negotiating and contesting childhood in the courtroom

Legislative changes during the 1980s and 1990s made it easier to treat juveniles as adults in the U.S. justice system. Research on the sentencing outcomes of juveniles in the criminal court has been somewhat mixed, with some studies showing that they receive severe or long sentences and others showing that many young people receive probation or relatively short jail or prison sentences. Less attention has been placed on the process through which these cases move through the criminal court and the ways in which the labels of “juvenile” and “adult” are negotiated and contested by legal actors. Using both qualitative and quantitative data, this article examines the negotiation of these labels. While it finds that legal rules are important in establishing the potential outcomes in a case, the power of specific actors and the context of specific courtrooms are also important in shaping the negotiations and contestations over these labels. The article provides a framework to understand outcomes and presents ways that advocates can become involved in helping to shape the outcomes of these cases.     

Study of Termination of Parental Rights: An Analysis of Israeli Court Decisions in Favor or Against Termination of Parental Rights

A court decision to terminate parental rights and declare a child eligible for adoption (TPR) has far-reaching consequences. However, little is known about the legal decision-making process involved. This study aims to fill this gap and identify the main considerations taken into account by the courts in TPR cases. After analyzing the contents of 261 court decisions, the study found differences between decisions in favor or against TPR based on the characteristics of the child–parent relationship, the parents and the child. Predictors of TPR decisions were also identified. The study discusses the findings and their implications for social work and legal practices and suggests directions for future research.     

Parenting Disputes After Separation and Divorce: Who Needs a Family Lawyer?

Australia's family law system continues to be plagued by serious delays. This article acknowledges the need for legal interventions in post‐separation parenting disputes in which individuals may be at risk, or in cases of genuine emergency. The article next contrasts cases involving significant risk or urgency with the many ‘ordinary’ (even if sometimes complex) post‐separation disputes over parenting in which these circumstances are not present. I argue that in such cases, legal advice, legally informed dispute processes, and court hearings are remnants from earlier attitudes to separation and divorce. These interventions are expensive, frequently destructive of ongoing parental relationships, and at their heart, inappropriate for considering the needs of children. They also divert time and resources from the critical investigative and legal decision‐making processes needed in urgent or risk‐related cases. I propose that legal narratives in ‘ordinary’ post‐separation parenting disputes be replaced by narratives focused on the main drivers of these disputes, which are invariably expressed in terms of relationship difficulties. Such narratives are amenable to facilitative, therapeutic, and systemic interventions aimed at achieving self‐determined resolutions. They contrast markedly with narratives reflecting common law notion of normative resolutions derived from the application of legal precedent. Key issues in the first section of the article are then teased out via the reflections of an imaginary separated parent in an ‘ordinary,’ albeit difficult and emotionally intense, dispute about how to care for the children. In the final section, I offer brief clinical and systemic reflections on past practice and on future narratives focused on individual self‐determination.     

A Qualitative Examination of the Juvenile Drug Court Treatment Process

ABSTRACT

Drug treatment courts have proliferated at a remarkable rate, to over 1,000 drug court programs by May 2001. Literature has developed which shows drug courts to be generally effective for reducing recidivism and drug use. However, research on juvenile drug court treatment has lagged behind its adult predecessor. Recent research efforts emphasize the need to understand the process components of drug court so this treatment model can be described and modified to improve effectiveness. The current paper has three related objectives: (1) to describe how focus groups can be effectively used to study juvenile drug court treatment processes; (2) to present findings from a juvenile drug court in which this method was used; and (3) to interpret these findings through an empirically validated conceptual model that has been used to examine the treatment process components of community-based drug abuse treatment. Implications for evaluation and treatment professionals are discussed.     

The marginalisation of children by the legal process

A major study carried out in the Melbourne Children's Court, Victoria, Australia, during 1993–1995, of the factors that influence magistrates' decision-making in child abuse cases, found that magistrates relied more on their legal training and individual discretion than on information from the child protection service when making these decisions. Magistrates' emphasis on adversarial procedures meant that the need to establish the facts in a case was the court's primary consideration and that children's interests, and welfare concerns about them, were marginalised in the hearing of child abuse matters. The article reports on this aspect of the larger study: how the adversarial process ill serves the rights, and best interests, of children in the hearing of child abuse matters and provides case examples to illustrate this. The information is drawn from the qualitative and quantitative data gathered for the major study; data collected from the observation of court hearings, interviews with magistrates and court record analysis.     

Narrating political opportunities: explaining strategic adaptation in the climate movement

This article advances theory on social movements’ strategic adaptation to political opportunity structures by incorporating a narrative perspective. Our theory explains how people acquire and use knowledge about political opportunity structures through storytelling about the movement’s past, present, and imagined future. The discussion applies the theory in an ethnographic case study of the climate movement’s mobilization around the UN Climate Summit in Paris, 2015. This analysis demonstrates how a dominant narrative of defeat about the prior protest campaign in Copenhagen, 2009 shaped the strategizing process. While those who experienced Copenhagen as a success preferred strategic continuity, those who experienced defeat developed a “Copenhagen narrative” to advance strategic adaptation by projecting previously experienced threats and opportunities onto the Paris campaign. Yet by relying on a retrospective narrative, movement actors tended to overlook emerging political opportunities. We demonstrate that narrative analysis is a useful tool for understanding the link between structure and agency in social movements and other actors affected by (political) opportunity structures.

     

The Effect of Social Class on the Adjudication of Criminal Cases: Class-linked Behavior Tendencies,Common Sense,and the Interpretive Procedures of Court-appointed Defense Attorneys

This article addresses some important issues concerning the effect of social class on criminal case outcomes. Although the findings reported here support Donald Black's (1989) argument that a defendant's relative social class effects the quantity of law applied to a criminal case, they also indicate that this influence occurs through actors' interpretive procedures. Specifically, one group of court-appointed defense attorneys link behavior tendencies to court actors characterized as different social class types. These behavior tendencies are expressed through the grammar and rhetoric of “common sense”—a knowledge system which is evoked throughout all types of judicial proceedings. The attorneys' expectations of court actors shape their behavior such that lower-class defendants are likely to endure a greater quantity of law. The article concludes with some suggestions on how researchers might reconsider studying the effect of social class on criminal case outcomes.     

Seeing the Case Clearly: File‐Work,Material Mediation,and Visualizing Practices in a Dutch Criminal Court

In Dutch criminal courts, judges and their assisting clerks spend significant amounts of time doing file‐work in preparation for the court hearing: a practice they often call “visualizing the case.” This practice is distributed over clerks and judges and materially mediated: the legal case file enters into face‐to‐file interaction as both a text and a material object. This article aims to unpack what techniques clerks and judges draw on in order to come to “see the case clearly,” while at the same time it elaborates on the renegotiations of these largely paper‐based practices when court workers are confronted with the digitization of case files.     

The Disneyfication of Dr Seuss: faithful to profit,one hundred percent?

This essay takes a critical look at the Disneyfication of Dr Seuss (Theodor Seuss Geisel, 1904–1991), examining how a man whose books encourage critical thinking became a brand name, and is increasingly becoming an affirmation of consumer culture. Since his death, Dr Seuss’s name and characters have been used to promote cereal, credit cards, and action figures (among other things); this strategy has led many to cite Suess’s indifference to money and his reluctance to exploit his characters for commercial gain. And, as this article points out, posthumously licensed products are more likely to encourage consumption for its own sake, whereas ones licensed during his lifetime tend to encourage creative or imaginative play. However, the Disneyfication of Dr Seuss is not strictly a posthumous phenomenon. After losing a 1968 case against companies that marketed ‘Dr Seuss’ products based on his 1932 Liberty Magazine cartoons, Dr Seuss accepted his lawyers’ (and the court’s) conclusion that trademark is more powerful than copyright, and approved the production of a vast array of Seussiana. Drawing on legal research, analysis of the products themselves, conversations with Dr Seuss Enterprises and with his biographers, the article concludes that Seuss’s Disneyfication is a symptom of a legal system designed to benefit capitalism more than moral or artistic values.     

Value Chain Development and the Agrarian Question: Actor Perspectives on Native Potato Production in the Highlands of Peru

Value chain development seeks to integrate smallholder farmers into competitive markets to promote economic and social development. This article, conceptually based on the agrarian question, considers how the perspectives of various value chain actors, with particular focus on smallholders, have important implications for the outcomes of these market‐oriented initiatives. Utilizing Long’s concept of social interface, we present a mixed‐methods case study that analyzes how smallholders, an NGO, and agrifood corporations, including PepsiCo, partnered to establish value chains for native potatoes in the Peruvian highlands. We find that a thorough understanding of the various perspectives held by value chain actors provides important insight into why value chain initiatives have divergent trajectories. Based on the findings, we conclude that accounting for how actors are responding to development initiatives and one another helps explain development outcomes and that therefore the agrarian question remains relevant in current agricultural development discourse and practice.     

Looking for Joan of Arc: Collaboration in the Rise and Fall of Heroes

This article adapts Actor Network Theory to illustrate the construction of heroes and their abandonment. It focuses more specifically on the rise and fall of an iconic New Zealand private training enterprise, Carich, and its founding entrepreneur Caron Taurima. Drawing on media, web sources and interviews, the study reflects on the uncritical way heroes are constructed and makes comparisons with the story of Joan of Arc. It shows how the notion of ‘Carich‐as‐a‐successful‐business’ was encouraged and developed by human and non‐human actors, how revenues were inflated, and how the business founder’s personal charisma superseded hard financial questions. The article problematizes the roles of various actors, particularly hero‐seeking media, politically‐correct Crown agencies, and those supposedly objective umpires of business acumen who offer national awards to ‘outstanding’ entrepreneurs.