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.     

The meaning of mental illness within the Victorian Mental Health Act: the problem of definition

This study will critically examine the Mental Health Act 1986 (Vic), including the significant changes introduced through the Mental Health (Amendments) Act 1995 (Vic). It will be argued that the Victorian legislation presents some practical difficulties in application as it adopts too broad a definition of mental illness to be used reliably in assessing a person's need for treatment and/or criminal responsibility within a court of law. This lack of precision is potentially problematic for social workers and lawyers alike with respect to key decisions regarding assessment for mental health services and assigning criminal responsibility before the law. Implications for social work practice will be briefly discussed.     

Stabilizing flows in the legal field: illusions of permanence,intellectual property rights and the transnationalization of law

In this article I examine some of the problems that ‘modern’ legal theory poses for a consideration of the extended reach of social actors and institutions in time and space. While jurisprudence has begun to engage with the concept of globalization, it has done so in a relatively limited manner. Thus legal theory's encounters with highly visible transnational practices have, for the most part, resulted not in challenging the prevailing formal legal paradigm, but in a renewed if slightly modified search for a general jurisprudence that ultimately takes little account of the manner in which the work of law is carried out transnationally. In the first part of this article I examine how legal theory's concern to maintain its own integrity places limitations on its ability to examine the permeability of social boundaries. In the latter part I draw on critical human geography, post–structuralism and actor–network theory (ANT), to examine the manner in which transnational actors have been able to mobilize law, and in particular intellectual property rights (IPRs), as a necessary strategy for both maintaining the meanings of bio–technologies through time and space, and enrolling farmers into particular social networks.     

Juvenile Courts and Competency to Stand Trial

This article reviews the recent development of juvenile competency to stand trial (CST) policies across the United States in light of the inherent contradiction of this due process procedure in a separate juvenile court that is premised on the incompetence of youth. The article draws on existing CST legal doctrine and psycho‐legal research to demonstrate the need for sociolegal research to better understand who gains access to the CST process, CST decisions, and how CST may influence subsequent case processing decisions. Utilizing CST as an adopted formal policy from criminal court and an exploratory case study, I demonstrate the difficulties facing how court actors manage the role of youthfulness and culpability for CST decision‐making in contemporary juvenile courts. Overall, both quantitative and qualitative research is needed to examine whether court actors’ practice of CST serves to further deconstruct or reinforce the juvenile court’s rehabilitative ideal.     

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.     

‘Social control of the self’ and pleading guilty in criminal court

In Donald Black's 1994 work The Social Structure of Right and Wrong, he introduces the intriguing concept of the self-application of social control. According to Black, the ‘social control of the self’ follows the same principles of the behavior of law. Conceptualizing a guilty plea as a self-application of social control, this study of 717 homicide cases processed in an urban American court represents the first empirical test of this theory. Support for Black's theoretical perspective was mixed, with only the predictions regarding the effects of social morphology on the self-application of social control finding support. Defendants who were less socially integrated than their victims were significantly more likely to plead guilty when compared to other case configurations. When relational distance between parties was low, the case was significantly less likely to be resolved with the self-application of social control in the form of a guilty plea. The importance of Black's perspective for elucidating the theoretical linkages between social structure and individual behavior is considered.     

Boundary-work and the demarcation of civil from uncivil protest in the United States: control,legitimacy, and political inequality

Beyond the reaches of scholarly debates about how to define and value civility properly, social actors across various institutional domains routinely demarcate civil from uncivil behavior. Yet this everyday classification process remains understudied and undertheorized, despite being widespread and having significant stakes for the individuals and groups involved. This article begins to fill this gap by developing the concept of civility contests—practical efforts to draw symbolic boundaries between civil and uncivil individuals, groups, or behaviors. Through a focus on the realm of political protest in the United States, this article demonstrates that civility contests involve a wide range of political actors (including institutionalized power holders, opposing movements, and the media) who engage in this boundary-work in order to justify the control or (de)legitimation of protest. It then highlights patterned disparities in the outcomes of these contests, demonstrating that the likelihood of being marked as uncivil and the extent to which this prompts negative social sanction is shaped by one’s social position. Overall, the article seeks to stimulate and guide future empirical research on civility contests and to deepen theoretical understandings of the relationship between symbolic and social boundaries and the role of symbolic boundary-work in the reproduction of political inequality.     

Domestic Violence in Criminal Court:

Many states have recently passed new legislation to deal with spouse abuse, including several which have created a new criminal offense: domestic violence. This study examines all 1980 charges under Ohio's new domestic violence law in a large misdemeanor court and concludes that the creation of a new offense category does not cause major changes in measurable court outcomes. For example, 73% of victims who filed charges dropped them before a verdict was reached. This figure is extremely high. Combined with the large number of victims who never file, it suggests that most abusers do not go through a complete trial. Moreover, even when victims persevere and the batterer is found guilty, very little happens to him. Sixty-four percent did not spend even one day in jail, less that 10% were sentenced to alternative programs, and 27% were neither jailed nor placed on probabtion. Even when found guilty, most abusers are neither punished nor offered help. This study makes two recommendations. The first suggests a dual system whereby victims of domestic violence are provided with both criminal and social service alternatives. The second recommendation encourages the courts to experiment with counseling programs for batterers both as a condition for dismissal of charges and as a condition for probation when convicted.     

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.     

Gangs,identity, and cultural performance

Although the notion of identity has received substantial attention from sociologists and psychologists, it has not been well developed in the gang literature. Identity accounts for a person's sense of self, which is based on meaningful social interactions and group participation, and becomes a source for publicly performing social roles. Gang membership is one such role that merits significant attention, and existing theories about identity and role performance can help explain variations in criminal behavior among members. This article applies multiple perspectives on social, personal, and collective identity to gangs and gang members. It offers principles to explain how gang identities fuel social performances that mimic, induce, or involve criminal behavior.     

Parental substance misuse and statutory child protection in England: Risk factors and outcomes

Parental substance misuse is a significant child welfare issue and associated with increased risk of child maltreatment. The aim of the present study was to understand what social care outcomes children who live with parental substance misuse have, and to assess factors associated with those social care outcomes over a two-year period. The paper reports on a retrospective longitudinal study of 299 children all living with parental substance misuse and referred to one local authority in England. Data were collected from children's social work case files about procedural social care outcomes and factors which may be associated with those outcomes. Using cluster analysis, a new typology of children's longitudinal trajectories through the children's social care system was developed, consisting of five distinct types. Analysis indicated that some children received too little intervention from children's social care despite ongoing concerns, while other children were potentially unnecessarily caught up in the social care system. Factors associated with children having the poorest outcomes were: caregiver instability resulting from substance misuse, parenting capacity and household instability. The study's findings indicate that some children who live with parental substance misuse are at significant risk of harm, but others are not and may be better supported through non-statutory services such as early help.     

The red and the black: China’s social credit experiment as a total test environment

China's social credit system is an unusually explicit case where technology is used by multiple actors to turn human behavior into a test object on behalf of the state's goal of modifying the larger social environment, making it an intriguing setting for thinking about the new sociology of testing. This article considers how China's search for a usable “credit” score to both allocate financial resources and explicitly measure a citizen's trustworthiness creates an emergent experimental system of governance similar to, yet not quite captured by, the kinds of experimental processes observed in literature on the platform as a form of market-based governance. As a site where “seeing like a state” and “seeing like a market” converge, the social credit system is a vantage point for observing the changing relationship between moral and economic domains in an era of digital platforms. The article highlights the experimental quality of the system and its emerging system of governance structured around reward and punishment and argues that strategic ambiguity, institutionalized through the affordances of digital platforms, is an important part of the design of this large-scale social experiment.     

Drug Courts and the Logic of Coerced Treatment1

This article examines the social and historical significance of coerced drug treatment within the criminal justice system. Drug courts, the most prominent example of this approach, serve as a case study to explore how seemingly contradictory perspectives on substance use—therapeutic and punitive—are merged to justify increased criminal justice oversight of defendants in the name of facilitating recovery. Drawing on an analysis of drug court organizational documents and interviews with key advocates, this article (1) examines the punitive, therapeutic, and medical knowledge drug court advocates draw on and construct to justify an increased role for the courts in solving the problem of addiction, and (2) links these theories historically to broader discussions about the causes of crime and the courts’ role in solving social problems. Overall, this article considers how scientific theories are fused with moral considerations in the name of an “enlightened” criminal justice approach to complex social problems.     

Social Structural Location and Vocabularies of Participation: Fostering a Collective Identity in Urban Agriculture Activism

Contextualized within the visible inequality that permeates its local food landscape and the broader elitist food culture of California's San Francisco Bay Area, Oakland's urban agriculture movement comprises actors with rich vocabularies of motive for participation. Drawing from 25 in‐depth interviews with movement activists, I uncover a racial and social class homogeneity among participants that contributes to the formation of a collective identity but also limits the movement's outcomes in important ways. This research draws from Bourdieu's theory of class distinction and social movement theories of collective identity formation to contribute to literature on the reproduction of class and racial privilege in alternative food activism. I find that narratives for movement involvement converge on three discourses: possession of education‐derived knowledge to contend with the agroindustrial complex, the conflation of the creation of community through urban food growing with inclusivity, and a missionary‐like desire to educate others as to the benefits of growing their own food. I argue that the movement could benefit from a more diverse repertoire of action generated from a greater integration of racially and economically diverse actors working together to reorient the food system toward local food production alternatives.     

Race,Class, and the Packaging of Harlem

In the 1970s and early 1980s, patterns of divestment dotted Harlem's landscape with abandoned buildings and the urban blight this engenders. With government subsidies, many of these properties have been refurbished and are now occupied by African American professional homeowners. Overall, capital investment in housing property is up and businesses are taking an interest in a community that was previously avoided. This article looks at the impact of gentrification in Central and West Harlem, New York. It identifies key actors and institutions involved in facilitating this transformation, examines social relations among black professional residents, and considers how these may be informed by class and race inequalities. This article is also critical of theoretical and ethnographic approaches to African American life that mythologize the middle class, erase the working class, and fail to acknowledge fragmentation in both groupings. It concludes with a brief discussion of some of the responses to this research that were shared by project participants and other anthropologists.     

PREDICTING THE QUANTITY OF LAW: Single versus Multiple Remedies in Sexual Harassment Cases

Recently, Black's theory of law has been criticized for failing to capture quasi and de facto governmental social control institutions. A restatement of this theory introduces the idea of "more or less governmental social control" that encompasses government endorsement of private forms of social control or government delegation of social control powers to private parties. Drawing from this, we assess the utility of Black's theory by examining sexual harassment cases handled by the Canadian Human Rights Commission , a quasi-governmental body that has been delegated social control powers. Previous tests of Black's theory have relied primarily on criminal processes that often involve identifiable increments in law. While a sexual harassment case may be settled or dismissed, paralleling the criminal justice process of conviction or acquittal, further increments in law are less identifiable within this quasi-governmental institution. Using over 200 sexual harassment cases in Canada, we test several concepts from Black's theory for explaining decision making within a quasi-governmental social control institution and, specifically, for predicting whether single or multiple remedies are used to resolve these types of cases. Our results show some support for Black's theory, but demonstrate that whether a case was sent to conciliation played a greater role in predicting the quantity of law than the social structural dimensions emphasized by Black or the offense seriousness variables highlighted by more traditional criminal justice research.     

Labelling and Juvenile Court Dispositions: Official Responses to a Cohort of Violent Juveniles*

This research tests three hypotheses implicit in the societal reaction perspective, with data on approximately 3,300 juvenile court dispositions involving the members of a birth cohort of 1,100 violent juveniles. The results indicate, contrary to the implications of the labelling perspective, that defendants' social attributes play little role in this court's decisions. Two findings, however, provide some support for labellers' contentions. First, offense information predicts outcomes only moderately well. The discriminant analysis performed on the data indicates that the variables used in this and other models predict the imposition of extremely severe outcomes much better than they predict outcomes of lesser severity. Second, this court's previous responses to a youth play an important role in any subsequent disposition decisions. The importance of prior court responses in later decisions supports labellers' characterizations of courts as vortices.     

Reconsidering Durkheim's Assessment of Tarde: Formalizing a Tardian Theory of Imitation,Contagion, and Suicide Suggestion

Emile Durkheim summarily rejected Gabriel Tarde's imitation thesis, arguing that sociology need only concern itself with social suicide rates. Over a century later, a burgeoning body of suicide research has challenged Durkheim's claim to a general theory of suicide as 4 decades worth of evidence has firmly established that (1) there is a positive association between the publicization of celebrity suicides and a spike in the aggregate suicide rate, (2) some social environments are conducive to epidemic‐like outbreaks of suicides, and (3) suicidal ideas or behavior spreads to some individuals exposed to a personal role model's suicidal behavior—for example, a friend or family member. Revisiting Tarde, the article examines why Tarde's theory deserves renewed attention, elucidates what he meant by imitation, and then formalizes his “laws” into testable theses, while suggesting future research questions that would advance the study of suicide, as well as other pathologies. Each “law” is elaborated by considering advances in contemporary social psychology as well as in light of its ability to supplement Durkheim's theory in explaining the “outlier” cases.