Abstract: This article proposes a change in public policy that promises to greatly reduce major crime in the United States, protect society, eliminate prison overcrowding, and save taxpayer dollars. This policy would employ electronic monitoring (EM) technology in a way that discourages individuals who might otherwise be tempted to commit crimes. The approach is arguably more effective, efficient, humane and ethical than any alternative strategy and potentially could revolutionize law enforcement and the American criminal justice system.
Abstract: Honouring the requirement of the Convention on the Rights of Persons with Disabilities to introduce supported decision-making poses many challenges. Not least of those challenges is in writing laws and devising policies which facilitate access to formal and informal supports for large numbers of citizens requiring assistance with day-to-day issues such as dealing with welfare agencies, managing income security payments, or making health care decisions. Old measures such as representative payee schemes or “nominee” arrangements are not compatible with the CRPD. However, as comparatively routine social security or other government services become increasingly complex to navigate, and as self-managed or personalised budgets better recognise self-agency, any “off the shelf” measures become more difficult to craft and difficult to resource. This paper focuses on recent endeavours of the Australian Law Reform Commission and other local and overseas law reform and policy initiatives to tackle challenges posed both for ordinary citizens and those covered by special programs (such as Australia’s National Disability Insurance Scheme and “disability trusts” in Australia and Canada).
Abstract: Canada recognizes young people’s constitutionally protected freedom of expression and consequently their right to engage in a narrow subset of consensual sexually expressive practices without being prosecuted as child pornographers. Nevertheless, numerous anti-sexting campaigns decry the possibility of voluntary and “safe sexting” let alone the affordances of adolescents’ self-produced and consensually shared sexual imagery. In this article, we argue that these actors have erred in their construction of youths’ risqué imagery as inherently risky and thus governable. We propose that anti-sexting frameworks—which conflate consensual and nonconsensual sexting and which equate both with negative risks that purportedly outweigh the value and benefits of the practice—rely on a calculus that is fundamentally flawed. This article consists of two main parts. In Part I, we map and trouble the ways in which responses to consensual teenage sexting emphasize the practice’s relationship to embodied, financial, intimate and legal risks. In Part II, we suggest that research examining consensual adolescent sexting and young people’s rights to freedom of expression consider alternative theoretical frameworks, such as queer theories of temporality, when calculating the risk of harm of adolescent sexual imagery.
Abstract: Why does torture persist despite its prohibition? Scholars, policymakers, and the public have heavily debated this topic in the past decade. Yet, many puzzles remain about the practice of torture. Scholarship on torture spans academic disciplines, which adds diversity in perspectives brought to these questions but also can lead to redundancy and stunted progress in research on the issue as a whole. This article assesses the state of the multidisciplinary literature on torture in counterterrorism with specific focus on why democracies torture despite prohibiting it, how public perception of torture is malleable, and why so few countries are able to move from commitment to compliance in the prohibition of torture. In each section, the article also identifies underexplored areas in the research and suggests avenues for future investigation.
Laws2014, 3(4), 798-823; doi:10.3390/laws3040798 - published 15 December 2014 Show/Hide Abstract
Abstract: Previous research suggests that social relations, in particular the forming of family ties and employment (social factors), self-efficacy (personal factors), and therapeutic interventions (institutional factors) constitute main contributors in post-release success. These studies, however, have largely been based on general delinquents serving relatively short prison terms. This study aims to shed light on the influence of social, personal, and institutional factors on post-release success versus failure among paroled lifers.We conducted in-depth life-history interviews with 64 individuals who had served a life sentence, who were either re-incarcerated for another crime or parole violation, or were currently out on parole. The role of social factors in desistance among long-term incarcerated offenders was minimal. Rather, self-efficacy appeared to be a key element in post-release success. These findings suggest that research based on short-term incarcerated offenders cannot be directly translated to long-term incarcerated offenders. This group does not experience the same traditional turning points, such as establishing family ties and employment. Accordingly, long-term prisoners may go through a different process post-release that determines their success versus failure compared to general delinquents who serve shorter sentences.