Law & Society Review最新文献_第9页

Conviction: The making and unmaking of the violent brain. By Oliver Rollins. Stanford: Stanford University Press, 2021. 248 pp. $25.00 paperback 信念:暴力大脑的形成和瓦解。奥利弗·罗林斯著。斯坦福:斯坦福大学出版社，2021。248页，平装本25.00美元

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-05-19 DOI: 10.1111/lasr.12612

Reviewed by Ernest K. Chavez

引用次数: 0

The focal concerns of jurors evaluating mitigation: Evidence from federal capital jury forms 陪审员评估减刑的焦点问题:来自联邦死刑陪审团表格的证据

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-05-19 DOI: 10.1111/lasr.12602

Mary R. Rose, Meredith Martin Rountree

{"title":"The focal concerns of jurors evaluating mitigation: Evidence from federal capital jury forms","authors":"Mary R. Rose, Meredith Martin Rountree","doi":"10.1111/lasr.12602","DOIUrl":"https://doi.org/10.1111/lasr.12602","url":null,"abstract":"Mitigating evidence in capital trials provides reasons for a life, rather than death, sentence. Research suggests that mitigation challenges jurors. We contribute to this area by analyzing federal verdict forms in capital cases, which allow jurors to write in their own mitigating factors, providing a direct, rare window onto their mitigation considerations. We use 205 forms from 171 juries to examine the frequency and content of these “write-ins,” using a sentencing theory typically applied to judges, Focal Concerns Theory. We find that four of every 10 juries prompted to offer their own mitigation do so, producing 149 unique write-ins, the majority of which introduces mitigation topics that differ from those listed on the verdict form. Surprisingly, jurors are less likely to offer write-in mitigators in cases involving White defendants than others, even after controlling for support for other mitigating factors and for aggravating factors, which also predict write-ins. Jurors' write-ins reflect a traditional sentencing concern for blameworthiness, and consistent with Focal Concerns Theory, attention to the practical consequences of punishment. Jurors also offered concerns we term “procedural fairness.” Results indicate that juries' views are patterned in ways that are similar, but not identical, to judges' sentencing concerns.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 2","pages":"213-236"},"PeriodicalIF":2.9,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"137862120","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

Race, gender, and place: How judicial identity and local context shape anti-discrimination decisions 种族、性别和地域:司法认同和地方背景如何影响反歧视决定

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-05-19 DOI: 10.1111/lasr.12606

Christopher Kleps

{"title":"Race, gender, and place: How judicial identity and local context shape anti-discrimination decisions","authors":"Christopher Kleps","doi":"10.1111/lasr.12606","DOIUrl":"10.1111/lasr.12606","url":null,"abstract":"While federal anti-employment discrimination laws have helped diminish inequality at work, discrimination persists, in part perhaps due to unequal handling of equal employment lawsuits. Prior research demonstrates that the definition of discrimination can vary based on local normative ideas, while another line shows that a judge's race or gender can shape how related lawsuits are handled. In this article, I draw on a set of EEOC workplace discrimination cases prosecuted in Federal Court and combine it with locality data, to analyze: (1) the impact of local context, specifically rurality, local political context, and southerness and; (2) how judges' race and gender interact with the local cultural-milieu. Findings reveal that plaintiffs of colour in race discrimination cases fair worse in rural courts or before white judges. Meanwhile, white judges in conservative areas are more defendant friendly than those outside the in more liberal areas. Black judges, in comparison, are more plaintiff friendly in conservative areas when compared to black judges in more liberal areas. While female judges are generally more plaintiff friendly than male judges in sex cases, location has no discernible effect.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 2","pages":"188-212"},"PeriodicalIF":2.9,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126242629","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

Crossing: How we label and react to people on the move. By Rebecca Hamlin. Stanford University Press, 2021. 224 pp. $25.00 paperback 交叉:我们如何给移动中的人贴上标签并做出反应。丽贝卡·哈姆林著。斯坦福大学出版社，2021年。224页，平装本25.00美元

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-05-19 DOI: 10.1111/lasr.12607

Reviewed by Karen Musalo

引用次数: 0

Relief or removal: State logics of deservingness and masculinity for immigrant men in removal proceedings 救济或驱逐:国家在驱逐程序中对移民男子的应得性和男子气概的逻辑

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-05-19 DOI: 10.1111/lasr.12604

Dylan Farrell-Bryan

{"title":"Relief or removal: State logics of deservingness and masculinity for immigrant men in removal proceedings","authors":"Dylan Farrell-Bryan","doi":"10.1111/lasr.12604","DOIUrl":"10.1111/lasr.12604","url":null,"abstract":"In recent years, there has been an unprecedented rise in the number of immigrants facing removal from the United States, many of whom make a case for their right to be granted relief from removal and stay in the country. While immigrant men of color are disproportionately represented in both removal proceedings and contemporary sociopolitical constructions of immigrant criminalization, existing literature has largely overlooked the state's cultural logics involved in decision-making about immigrant relief or removal. Drawing on theories of racialized masculinity and state gendering, I analyze how judges in immigration court utilize a politicized discourse of masculinity to justify legalization for immigrant men through their relational ties to US citizens. Using ethnographic observations of hearings for the Cancellation of Removal and the judicial decisions that support immigrant removal or relief, I develop a conceptual framework of “relational masculinity,” in which judges evaluate men as emotionally involved parents and partners in traditional family arrangements, raising culturally integrated Americans, and as economic providers of upward social mobility, to determine their deservingness for relief. These findings suggest that, alongside widespread gendered and racialized criminalization, the state also engages in an evaluation process to assess the masculinity of immigrant men who may be formally admitted into the United States. I argue that adherence to these gendered and racialized norms plays a key role in determining migrants' deservingness and membership, with important implications for how the state actively manages immigrant masculinity and bolsters caregiving support for US citizens, alongside heightened criminalization.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 2","pages":"167-187"},"PeriodicalIF":2.9,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122887354","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: 4

“[Y]ou are better off talking to a f****** wall”: The perceptions and experiences of grievance procedures among incarcerated people in Ireland “你最好跟f******墙谈谈”:爱尔兰被监禁者对申诉程序的看法与经验

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-05-19 DOI: 10.1111/lasr.12603

Sophie van der Valk, Eva Aizpurua, Mary Rogan

{"title":"“[Y]ou are better off talking to a f****** wall”: The perceptions and experiences of grievance procedures among incarcerated people in Ireland","authors":"Sophie van der Valk, Eva Aizpurua, Mary Rogan","doi":"10.1111/lasr.12603","DOIUrl":"10.1111/lasr.12603","url":null,"abstract":"The ways in which grievance procedures are used and perceived by incarcerated people raise important questions about the operation of procedural justice and legal consciousness and mobilization scholarship in settings where rights are especially vulnerable. This paper analyzes perceptions and usage of the grievance procedure for incarcerated people using survey data from people (N = 508) in three prisons in Ireland. We find that incarcerated people's views of the grievance procedures are generally negative, though some use it, especially those serving long sentences and those in segregation, with education level not significant in terms of usage. Additionally, having confidence in staff is associated with satisfaction with the procedure, as is the perception that one's rights are respected, showing important connections between perceptions of complaints and aspects of legal consciousness. We suggest a need for further situated analyses of procedural justice and legal consciousness, as well as practical requirements for complaints systems to elicit confidence among incarcerated people.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 2","pages":"261-285"},"PeriodicalIF":2.9,"publicationDate":"2022-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12603","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123171432","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: 2

The behavioral code: The hidden ways the law makes us better or worse. By Benjamin Rooij and Adam Fine. New York: Beacon Press, 2021. 312 pp. $27.95 hardcover 行为准则:法律使我们变得更好或更坏的隐藏方式。作者:Benjamin Rooij和Adam Fine。纽约:灯塔出版社，2021。312页，精装本27.95美元

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-05-19 DOI: 10.1111/lasr.12611

Reviewed by Dvir Yogev

引用次数: 4

Beyond litigation: Policy work within cause lawyering organizations 诉讼之外:在诉讼律师组织内从事政策工作

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-05-19 DOI: 10.1111/lasr.12605

David L. Trowbridge

引用次数: 0

Decision-making in an inquisitorial system: Lessons from Brazil 审问制度下的决策:来自巴西的经验

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-02-13 DOI: 10.1111/lasr.12591

Ludmila Ribeiro, Alexandre M. A. Diniz, Lívia Bastos Lages

引用次数: 2

Fear and legitimacy in São Paulo, Brazil: Police–citizen relations in a high violence, high fear city 巴西圣保罗的恐惧与合法性:在一个高度暴力、高度恐惧的城市中警察与公民的关系

IF 2.9 2区社会学

Law & Society Review Pub Date : 2022-02-13 DOI: 10.1111/lasr.12589

Jonathan Jackson, Krisztián Pósch, Thiago R. Oliveira, Ben Bradford, Sílvia M. Mendes, Ariadne Lima Natal, André Zanetic

{"title":"Fear and legitimacy in São Paulo, Brazil: Police–citizen relations in a high violence, high fear city","authors":"Jonathan Jackson, Krisztián Pósch, Thiago R. Oliveira, Ben Bradford, Sílvia M. Mendes, Ariadne Lima Natal, André Zanetic","doi":"10.1111/lasr.12589","DOIUrl":"10.1111/lasr.12589","url":null,"abstract":"We examine consensual and coercive police–citizen relations in São Paulo, Brazil. According to procedural justice theory, popular legitimacy operates as part of a virtuous circle, whereby normatively appropriate police behavior encourages people to self-regulate, which then reduces the need for coercive forms of social control. But can consensual and coercive police–citizen relations be so easily disentangled in a city in which many people fear crime, where the ability to use force can often be palpable in even mundane police–citizen interactions, where some people fear police but also tolerate extreme police violence, and where the image of the military police as “just another (violent) gang” has significant cultural currency? Legitimacy has two components—assent (ascribed right to power) and consent (conferred right to govern)—and consistent with prior work from the US, UK, and Australia, we find that procedural justice is key to the legitimation of the police. Yet, the empirical link between legitimacy and legal compliance is complicated by ambivalent authority relations, rooted in part in heightened cultural expectations about police use of force to exercise power. We finish the paper with a discussion of the theoretical and policy implications of these findings.","PeriodicalId":48100,"journal":{"name":"Law & Society Review","volume":"56 1","pages":"122-145"},"PeriodicalIF":2.9,"publicationDate":"2022-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lasr.12589","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41422989","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: 11