Law & Society Review最新文献_第7页

The collateral consequences of criminal legal association during jury selection 陪审团选择过程中刑事法律关联的附带后果

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12629

Matthew Clair, Alix S. Winter

{"title":"The collateral consequences of criminal legal association during jury selection","authors":"Matthew Clair, Alix S. Winter","doi":"10.1111/lasr.12629","DOIUrl":"10.1111/lasr.12629","url":null,"abstract":"How does a potential juror's association with the criminal legal system matter during jury selection? Growing scholarship examines statutory exclusions of people with felony convictions, sometimes characterizing felon-juror exclusion as a collateral consequence of mass incarceration. Less research has considered whether court officials seek to exclude potential jurors based on lower-level forms of contact or perceived association. We draw on interviews with 103 lawyers and judges in a Northeastern state to examine how court officials think about juror bias in relation to criminal legal association beyond felon status. We find that court officials often seek to remove people perceived to be offenders with lower-level forms of system association as well as people perceived to be crime victims. These exclusionary efforts extend to also exclude perceived offenders' and victims' social networks. These practices are racialized and gendered, likely contributing to the systematic exclusion of marginalized racial/ethnic groups and women. This article expands the collateral consequences literature in two ways: first, by revealing how collateral consequences can be conceptualized not just in relation to people criminalized by the law but also in relation to those whom the law constructs as victims; and second, by underscoring how collateral consequences feed back into the system to reproduce its unequal administration.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 4","pages":"532-554"},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126671238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

“Maybe we should take the legal ways”: Citizen engagement with lower state courts in post-war northern Uganda “也许我们应该采取法律途径”:战后乌干达北部的公民参与下级州法院

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12630

Anna Macdonald, SJ Cooper-Knock, Julian Hopwood

引用次数: 0

Stability justice: Petitioners versus non-petitioners in China's criminal adjudication 稳定正义:中国刑事审判中的上访与非上访

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12633

Yuqing Feng, Yu Zeng

引用次数: 0

Turning on the lights? Publicity and defensive legal mobilization in protest-related trials in Russia 开灯?俄罗斯抗议相关审判中的宣传和防御性法律动员

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-11-18 DOI: 10.1111/lasr.12631

Renata Mustafina

{"title":"Turning on the lights? Publicity and defensive legal mobilization in protest-related trials in Russia","authors":"Renata Mustafina","doi":"10.1111/lasr.12631","DOIUrl":"10.1111/lasr.12631","url":null,"abstract":"How and to what extent do defense actors use publicity in trials of protesters in contemporary Russia? Why do they fight over strategic uses of publicity if “everything is decided in advance”? Drawing on original ethnographic research, this article finds, first, that publicity accompanies legal resistance to politicized prosecutions and is inventively used by the defense. Second, mobilization of publicity creates opportunities for the defense to bargain with and keep the prosecution in check. Third, the relationship between publicity and legal resistance in repressive settings is ambiguous. Some human rights lawyers embrace publicity and others avoid it. I argue that this divergence should be interpreted in relation to lawyers' embeddedness in different professional ecologies. At the same time, lawyers' publicity strategies are altered by the interactional dimension of the trial. The latter manifests itself on two levels: at the micro-level of a courtroom and in the public sphere where different publics engage in debates that interfere with lawyers' defense strategies. This paper has broader implications for the analysis of defensive legal mobilization in dual legal systems beyond the Russian case.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 4","pages":"601-622"},"PeriodicalIF":2.9,"publicationDate":"2022-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12631","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124017084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Proof: Uses of evidence in law, politics, and everything else. By Frederick Schauer. Cambridge, MA: Harvard University Press, 2022. 320 pp. $29.95 hardcover. 证据:在法律、政治和其他方面使用证据。弗雷德里克·肖尔著。剑桥，马萨诸塞州:哈佛大学出版社，2022。320页，精装版29.95美元。

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-10-26 DOI: 10.1111/lasr.12634

Reviewed by Emily R. D. Murphy

引用次数: 0

How to not have to know: Legal technicalities and flagrant criminal offenses in Santiago, Chile 为什么不必知道:智利圣地亚哥的法律技术细节和明目张胆的刑事犯罪

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12624

Javiera Araya-Moreno

{"title":"How to not have to know: Legal technicalities and flagrant criminal offenses in Santiago, Chile","authors":"Javiera Araya-Moreno","doi":"10.1111/lasr.12624","DOIUrl":"10.1111/lasr.12624","url":null,"abstract":"Drawing on ethnographic data gathered in lower criminal courts and in one unit of the Public Prosecutor's Office in Santiago, Chile, I explore the way in which criminal offenses considered flagrant are treated by the Chilean criminal justice system. Citing the literature on legal technicalities, I describe how flagrant criminal offenses are constructed through practices that make it possible for the actors involved to avoid directly referring to the alleged facts. From their identification on the streets by police officers to their reassignment to a different unit of the Public Prosecutor's Office or their adjudication at a criminal court, flagrant criminal offenses are defined by a specific way of approaching the alleged facts, which is translated into specific organizational and documentary practices. The role of these practices contrasts with the apparently marginal role that the detention in flagrante delicto plays in the mechanics of criminal law. As a technicality, the flagrant character of a criminal offense conveys certain epistemological assumptions about how to determine what happened and what exactly constitutes the criminal offense. More specifically, it conveys assumptions about what cannot, for the moment, be known and that can, therefore, be ignored throughout the bureaucratic and judicial process.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 3","pages":"329-343"},"PeriodicalIF":2.9,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116585931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Victim, perpetrator, neither: Attitudes on deservingness and culpability in immigration law 受害者，加害者，两者皆非:对移民法中罪责与罪责的态度

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12619

Jamie Rowen, Scott Blinder, Rebecca Hamlin

{"title":"Victim, perpetrator, neither: Attitudes on deservingness and culpability in immigration law","authors":"Jamie Rowen, Scott Blinder, Rebecca Hamlin","doi":"10.1111/lasr.12619","DOIUrl":"https://doi.org/10.1111/lasr.12619","url":null,"abstract":"This study examines whether there is popular support for a restrictive immigration policy aimed at denying safe haven to human rights abusers and those affiliated with terrorism. We designed a public opinion survey experiment that asks respondents to evaluate whether low level or high-level Taliban members who otherwise qualify for refugee status deserve immigration benefits. We found that a majority of respondents did not immediately deny a visa to low-level worker. Looking at respondents' explanations for their decision, we find two distinct clusters of reasons that we classify as either circumstantial–focused on the particularities of the case–or categorical–focused on general attributes of the applicant. We suggest that domestic and international criminal law logics about acts and intentions, as well as roles and responsibilities, are reflected in beliefs about deservingness in this distinct immigration context, and may support more generous attitudes toward those seeking refugee status. Many respondents using circumstantial reasoning saw a distinction between the jobs potential immigrants have done in their pasts and what they actually believe, underscoring the fraught dynamics of armed conflict in which people may be swept up in violence they do not support.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 3","pages":"369-397"},"PeriodicalIF":2.9,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91798573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Racial equity in eligibility for a clean slate under automatic criminal record relief laws 根据自动犯罪记录救济法，种族平等的清白资格

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12625

Alyssa C. Mooney, Alissa Skog, Amy E. Lerman

{"title":"Racial equity in eligibility for a clean slate under automatic criminal record relief laws","authors":"Alyssa C. Mooney, Alissa Skog, Amy E. Lerman","doi":"10.1111/lasr.12625","DOIUrl":"https://doi.org/10.1111/lasr.12625","url":null,"abstract":"States have begun to pass legislation to provide automatic relief for eligible criminal records, potentially reducing the lifelong collateral consequences of criminal justice involvement. Yet numerous historical examples suggest that racially neutral policies can have profoundly disparate effects across racial groups. In the case of criminal record relief, racial equity in eligibility for a clean slate has not yet been examined. We find that in California, one in five people with convictions met criteria for full conviction relief under the state's automatic relief laws. Yet the share of Black Americans eligible for relief was lower than White Americans, reproducing racial disparities in criminal records. We identify two policy amendments that would reduce the share of Black men in California with convictions on their criminal records from 22% to 9%, thereby narrowing the difference compared to White men from 15 to seven percentage points. Put another way, an additional one in seven Black men currently has a conviction record, compared to their White counterparts. This would decline to an additional one in 14 if both hypothetical policy amendments were incorporated. We close with discussion of criminal history data quality limitations, which pose a second key challenge to equitable implementation of automatic criminal record relief reforms nationwide.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 3","pages":"398-417"},"PeriodicalIF":2.9,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91798574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Immigration detention as a routine police measure: Discretionary powers in preemptive detention of noncitizens in Finland 作为例行警察措施的移民拘留:芬兰对非公民的先发制人拘留的自由裁量权

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12621

Jukka Könönen

引用次数: 2

The diversity officer: Police officers' and black women civilians' epistemologies of race and racism in policing 多样性官员：警察和黑人女平民对警务中种族和种族主义的认识论。

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-08-04 DOI: 10.1111/lasr.12623

Shannon Malone Gonzalez, Samantha J. Simon, Katie Kaufman Rogers

{"title":"The diversity officer: Police officers' and black women civilians' epistemologies of race and racism in policing","authors":"Shannon Malone Gonzalez, Samantha J. Simon, Katie Kaufman Rogers","doi":"10.1111/lasr.12623","DOIUrl":"10.1111/lasr.12623","url":null,"abstract":"Diversifying police forces has been suggested to improve “police-minority relations” amidst national uprisings against police violence. Yet, little research investigates how police and black civilians—two groups invoked in discourse on “police-minority relations”—understand the function of diversity interventions. We draw on 100 in-depth interviews with 60 black women civilians and 40 police from various racial and ethnic backgrounds to explore how they understand the function of racial diversity in policing. Findings highlight discrepancies in how these two groups frame the utility of racial diversity in policing, revealing conflicting epistemologies of race and racism. Police draw on an epistemology of racial ignorance (Mills 1997, 2007, 2015) to selectively accommodate race-conscious critique while denying the history and power dynamics between the institution and minority communities. Conversely, black women civilians, grounded in a standpoint epistemology (Collins, 1986, 2009), emphasize the historical roots of policing, along with collective memories, and lived experiences to understand the relationship between the institution and minority communities. Through a comparative analysis of these frames, we theorize dominant/state-sponsored discourse on diversity and police-minority relations as form of racecraft (Fields & Fields 2012, 2014) that serves to legitimize negligible institutional change to policing in an era of renewed scrutiny of police racism.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 3","pages":"477-499"},"PeriodicalIF":2.9,"publicationDate":"2022-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71487490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2