A "Transforming the School-to-Prison Pipeline" Initiative: Mentoring Model Pilot Project Symposium

Abstract: This informative and interactive teaching symposium posits the Positive Peer Leadership Mentoring Program (PPLM) as an evidence-based wrap-around service for youth and families in Miami-Dade who are involved in the school-to-prison pipeline. Presenters first provide information to initiate the dialogic process of discerning and interpreting the school-to-prison pipeline, impacted by costs of incarceration for Black youth and families and the move toward effective mental health services in the juvenile justice system. Then, participants experience an interactive pedagogical mentoring format set forth in PPLM as the first step toward transforming the school-to-prison pipeline in their own classroom or other educational setting.

Lei Maria da Penha: da convivência com as práticas do sistema de justiça no submédio do Vale do São Francisco

The inequalities that mark the women’s lives in societies around the world have been the subject of intense discussion by the feminist movement, with developments in questioning about possibilities of full citizenship. In this scenario the Brazilian feminist movement has achieved steadily, in recent decades, an effort to participate in the formulation of the public policy agenda, as well as the realization of demands to institutionalize the legal parameters as regulations for the issue of violence against women. On the grounds of social justice, many discourses are made with a focus on reframing the institutional role of the state in the areas of constitutional law and criminal law. Considering these discourses, proposals were reformulated and the action of the state was resized, what ended in the enactment of Law 11,340 / 2006 (Maria da Penha Law), with a great impact on the Brazilian criminal justice system. Taking this perspective as its starting point, this research is focused on understanding the struggles for access to the legal field regarding the implementation of the Maria da Penha Law. This qualitative and quantitative research analyses the way the social practices and social representations which involve activists of the feminist movement and operators from the justice system are established in Juazeiro/ BA and Petrolina/PE before the institutional reshuffles of the state. As a result, it was revealed that, despite inconsistencies in the performance of the criminal justice system, the positioning of feminist activism is grounded on the assumption.

O atendimento às adolescentes autoras de atos infracionais no estado do Rio Grande do Norte

The objective of this study was to investigate the assistance for the female adolescents perpetrators of offences in the state of Rio Grande do Norte. Through the Thematic Oral History and Documentary Analysis methods, we sought to uncover historical aspects of the work provided in women’s units of the Fundação dos Direitos das Crianças e Adolescentes (FUNDAC) [Foundation for the Rights of Children and Adolescents], from the experiences of professionals who have worked in these units since the beginning of their activities. For this, we made visits to FUNDAC and the Centro Educacional Padre João Maria (CEDUC) [Educational Center Father João Maria], to identify professionals who could participate in the study, as well as institutional documents on routine of treatment. Eight professionals were found from three identified units: Granja Santana, Instituto Padre João Maria and CEDUC, who were interviewed according to a semi-structured script. The analysis of the collected material is supported in Marxian theory and feminist perspective on the sexual division of labor. The results are organized into five areas of analysis: (1) the creation of the service units; (2) the deviant “behavior”: reasons for institutionalization of female adolescents; (3) educational proposal: a female version; service strategies and; the rules and punishment: the domesticated teenage girl. The study indicates that the commission of the offense by the female adolescents in state of Rio Grande do Norte (RN) has been associated with the conduct of their families, particularly their mothers. Moreover, in general, service strategies, educational proposals, disciplinary measures were and have been developed based on the naturalization of what is female. Therefore, the assistance to adolescent girls in RN, those thirty-five years, left intact the existing hierarchy in social relations between the sexes, it reproduced the subordination of female adolescents in the juvenile justice system.

They’re There, Now What?: The Identities, Behaviors, and Perceptions of Black Judges

Prior to the Civil Rights Movement, fewer than 50 Black judges had been elected or appointed to the judiciary. As of August 2015, there are over 1,000 Black state and federal judges. As the number of black judges has increased, one question arises: have American courts been altered purely by this substantial increase? One expectation—and, at times, a prediction—behind the increased descriptive representation of Black judges is that their mere presence would alter the judiciary. It was supposed that these judges would substantively represent Black interests in the decisions they made. In other words, it was suspected, and predicted, that Blacks in the judiciary would enhance equality and justice by being aware of, responsive to, and advocating for African Americans. This theory about the likely role of Black judges derives from theoretical work on political representation and racial group consciousness, and empirical studies of Black elite behavior in other political institutions.

Despite such predictions, there is no corresponding scholarly consensus regarding whether Black judges possess a racial group consciousness and have racially distinctive judicial behavior. Therefore, the theory undergirding the demand for increased diversification, as a means to transform the judiciary, remains unsubstantiated. This is precisely where this project, “They’re There, Now What?: The Identities, Behavior, and Perceptions of Black Judges,” seeks to intervene in and explore, if not settle, the matter of whether black judges possess a racial group consciousness and exhibit racially-distinctive judicial behavior. It addresses a set of interrelated questions relevant to understanding whether we can view Black judges as representatives in ways that are similar to how we view other Black political officials. I examine these questions using a multi-method approach. For my analyses, I draw on diverse materials: the published biographies of every Black judge appointed to the federal bench, a survey experiment with a nationally-representative adult sample, and semi-structured interviews with 30 Black judges.

This research, which engages with scholarship on representation, group consciousness, judicial behavior, and candidate perceptions, offers new insights into the lives, perceptions, and behavior of Black judges, as well as the manifestations of Black substantive representation in the judiciary. My dissertation argues that, despite the general reluctance to use the term “representation” when referring to judges, we can consider Black judges as representatives. Black judges behave as substantive representatives by (1) sharing and understanding the experience, history, and perspectives of Black Americans, (2) challenging language, persons, policies, and laws they feel negatively affect, or violate the rights and liberties of, African Americans, (3) respecting African American litigants, and (4) ensuring the rights of African Americans are protected and the needs of black Americans are being met.

Only through research that considers the perspectives, identities, perceptions, and behavior of Black judges will we arrive at a more comprehensive understanding of the importance of racial diversity in the courts. As this project finds, a link between descriptive representation and substantive representation can, and frequently does exist within the judicial context. Such a link is significant given that Blacks’ liberty and justice through the American legal system continues to be subject to those who exercise judicial power. This dissertation has implications for the discourse surrounding the need for increased descriptive and substantive representation of Blacks in the judiciary, and the factors that affect representation in the justice system.

Women, Drug use and Imprisonment. Intersectional Approach

Research on women prisoners and drug use is scarce in our context and needs theoretical tools to understand their life paths. In this article, I introduce an intersectional perspective on the experiences of women in prison, with particular focus on drug use. To illustrate this, I draw on the life story of one of the women interviewed in prison, in order to explore the axes of inequality in the lives of women in prison. These are usually presented as accumulated and articulated in complex and diverse ways. The theoretical tool of intersectionality allows us to gain an understanding of the phenomenon of women prisoners who have used drugs. This includes both the structural constraints in which they were embedded and the decisions they made, considering the circumstances of disadvantage in which they were immersed. This is a perspective which has already been intuitively present since the dawn of feminist criminology in the English-speaking world and can now be developed further due to new contributions in this field of gender studies.

Global teacher für die Weltgesellschaft!? Theoretische Überlegungen zu den Kompetenzen von Lehrkräften, um Globales Lernen kompetenzorientiert zu unterrichten

In diesem Aufsatz werden historisch-systematische Anregungen zur Debatte um Kompetenz und Kompetenzen im Kontext bildungs- und professionstheoretischer Überlegungen angeboten. Dies ist der Ausgangspunkt für ein Nachdenken über angestrebte Kompetenzen Globalen Lernens sowie Kompetenzfelder des Global Teachers, um einen kompetenzorientierten Umgang damit zu ermöglichen. (DIPF/Orig.)

The Perceived Benefits of an Arts Project for Health and Wellbeing of Older Offenders

Background: The increasing ageing prison population is becoming a pressing issue throughout the criminal justice system. Alongside the rising population, are a host of health and wellbeing issues that contribute to older offenders needs whilst in prison. It has been recommended that meaningful activities can have positive effects on this population and therefore this paper uniquely reviews older offenders accounts of taking part in an arts based project, Good Vibrations, whilst imprisoned. Objective and design: The Good Vibrations project engages individuals in Gamelan music making with an end of project performance. This study used independent in-depth interviews to capture the voices of older offenders who took part in an art based prison project. Analysis and Results: The interview data was analysed using thematic analysis, which highlighted themes that were consistent with other populations who have taken part in a Good Vibrations project, along with specific age relating issues of mobility, motivation, identity and wellbeing.

A ampla defesa e o contraditório aplicados ao inquérito policial

Trata-se de um estudo sistêmico e metódico dos institutos da ampla defesa e do contraditório aplicados no bojo de um inquérito policial à luz dos demais princípios constitucionais fundamentais. Far-se-á um olhar comparativo entre as normas e demais fatores jurídicos, políticos, econômicos e sociais do Brasil e de Portugal, bem como referências subsidiárias de outros países da Europa e do mundo. O tema gira em torno do sistema processual penal brasileiro no que tange às investigações preliminares da polícia judiciária. Estabelece como ponto de partida a efetivação do Estado Democrático de Direito no processo de construção de uma sociedade comprometida no senso de igualdade e justiça. Para tanto, avaliaremos a conveniência de se instituir aqueles princípios no texto constitucional e respectivas leis como forma de dar concretude à formação da culpa do acusado ainda na fase policial; ou, pelo menos, para promover uma investigação criminal livres de quaisquer vícios. Também será necessário refletir sobre a evolução da persecução penal no mundo e no Brasil para que possamos, a partir de uma análise comparativa, avaliar os aspectos positivos e negativos que devem ser repetidos ou rechaçados. Proporemos uma mudança de paradigma de investigação criminal, elegendo o órgão ministerial como condutor das investigações, em contraponto ao atual modelo brasileiro que deposita essa prerrogativa exclusivamente nas mãos da polícia judiciária, para então concluirmos se vale a pena uma alteração normativa lastreada na otimização dos resultados no combate à criminalidade tendo o inquérito policial como instrumento de controle. Nesta esteira, feito o breve estudo da evolução histórica dos institutos, passaremos por uma reflexão mais moderna do Estado Garantidor pautado no senso democrático atual, para, então, esmiuçar a merecida atenção dos princípios fundamentais constitucionais e finalmente mergulhar nos principais aspectos do inquérito policial, sempre propondo a eventual aplicabilidade da ampla defesa e do contraditório como forma de compatibilizar de vez com a noção de democracia plena dos institutos penais. Em seguida, iremos colacionar os resultados da pesquisa empírica feita por meio de entrevistas com profissionais de alta envergadura jurídica, os quais apresentarão suas perspectivas quanto ao tema e terão suas manifestações analisadas de forma qualiquantitativa. Concluiremos o trabalho com as reflexões finais.

School-Based Referrals to the Juvenile Courts: Prevalence and Characteristics in Several States

Effective school discipline practices are essential to keeping schools safe and creating an optimal learning environment. However, the overreliance of exclusionary discipline often removes students from the school setting and deprives them of the opportunity to learn. Previous research has suggested that students are being introduced to the juvenile justice system through the use of school-based juvenile court referrals. In 2011, approximately 1.2 million delinquency cases were referred to the juvenile courts in the United States. Preliminary evidence suggests that an increasing number of these referrals have originated in the schools. This study investigated school-based referrals to the juvenile courts as an element of the School-to-Prison Pipeline (StPP). The likelihood of school-based juvenile court referrals and rate of dismissal of these referrals was examined in several states using data from the National Juvenile Court Data Archives. In addition, the study examined race and special education status as predictors of school-based juvenile court referrals. Descriptive statistics, logistic regression and odds ratio, were used to analyze the data, make conclusions based on the findings and recommend appropriate school discipline practices.

A entrada antecipada de crianças com menos d e 6 anos no ensino fundamental: Implicações para a constituição da infância

A alteração na definição da idade de ingresso no ensino fundamental de 7 para 6 anos pela Lei nº 11.114 de 2006 no Brasil tem suscitado debates nos campos da educação e do sistema de justiça sobre a data limite de ingresso. Este artigo tem como objetivo apresentar o cenário da implantação do corte etário para o ingresso no ensino fundamental, bem como problematizar a entrada precoce da criança nesta etapa da educação básica, buscando analisar as implicaçõesdo ingresso das crianças pequenas no ensino fundamental na limitação do seu direito educacional e para a constituição da infância. O acesso a cada uma das etapas da educação básica pressupõe uma faixa etária adequada e seu ingresso deve ocorrer tendo com referência a idade estabelecida e não laudos psicológicos e/ou pedagógicos que atestem a capacidade de cada criança, o que revela certa concepção de criança, infância e processos educativos.

Public Attitudes and Perceptions toward the NCRMD Defense

In Canada today, a person who performs an illegal act that is deemed to be the result of a mental illness is eligible for the not criminally responsible on account of mental disorder (NCRMD) defense. This defense can remove the blame and responsibility from an individual for an act that would otherwise be considered criminal. The present study examines possible factors that may influence people’s opinions on the defense and the treatment of mentally ill offenders in general. A sample of 257 participants (190 women, 38 men, 29 gender unknown) with ages ranging from 18-73 (M = 26.59, SD = 12.59) completed an online survey that assessed attitudes, opinions, and knowledge of mental illness, mentally ill offenders, and the NCRMD defense. Results showed that several factors were related to how positive or negative participants considered the defense to be, including experience with mental illness or the justice system and knowledge of schizophrenia or the sentences associated with the NCRMD defense. Findings suggest education is important in attaining more positive views of mentally ill offenders and the NCRMD defense.

Violência institucional e responsabilidade profissional na resposta ao abuso sexual de crianças

Apresenta-se como um artigo de construção teórica, no qual se explora teoricamente o conceito de violência institucional na relação com os limites da responsabilidade profissional por omissão ou por incorrecto procedimento profissional. A reflexão é realizada tendo por base a análise do funcionamento do sistema de justiça na articulação com o sistema de protecção na resposta ao crime de abuso sexual intra-familiar de crianças na comarca de Lisboa. Apresenta-se um conjunto sistematizado de factores de atrito, identificados como principais elementos promotores de violência institucional no quadro da intervenção profissional realizada no contexto das entidades sociais de intervenção nos abusos sexuais de crianças, organizados segundo as categorias de dispositivos e procedimentos.

Unpacking insanity defence standards: an experimental study of rationality and control tests in criminal law

The present study investigated the impact of different legal standards on mock juror decisions concerning whether a defendant was guilty or not guilty by reason of insanity. Undergraduate students (N = 477) read a simulated case summary involving a murder case and were asked to make an insanity determination. The cases differed in terms of the condition of the defendant (rationality deficit or control deficit) and the legal standard given to the jurors to make the determination (Model Penal Code, McNaughten or McNaughten plus a separate control determination). The effects of these variables on the insanity determination were investigated. Jurors also completed questionnaires measuring individualism and hierarchy attitudes and perceptions of facts in the case. Results indicate that under current insanity standards jurors do not distinguish between defendants with rationality deficits and defendants with control deficits regardless of whether the legal standard requires them to do so. Even defendants who lacked control were found guilty at equal rates under a legal standard excusing rationality deficits only and a legal standard excluding control and rationality deficits. This was improved by adding a control test as a partial defence, to be determined after a rationality determination. Implications for the insanity defence in the Criminal Justice System are discussed.

Lineup identification accuracy: the effects of alcohol, target presence, confidence ratings, and response time

Despite the intoxication of many eyewitnesses at crime scenes, only four published studies to date have investigated the effects of alcohol intoxication on eyewitness identification performance. While one found intoxication significantly increased false identification rates from target absent showups, three found no such effect using the more traditional lineup procedure. The present study sought to further explore the effects of alcohol intoxication on identification performance and examine whether accurate decisions from intoxicated witnesses could be postdicted by confidence and response times. One hundred and twenty participants engaged in a study examining the effects of intoxication (control, placebo, and mild intoxication) and target presence on identification performance. Participants viewed a simultaneous lineup one week after watching a mock crime video of a man attempting to steal cars. Ethanol intoxication (0.6 ml/kg) was found to make no significant difference to identification accuracy and such identifications from intoxicated individuals were made no less confidently or slowly than those from sober witnesses. These results are discussed with respect to the previous research examining intoxicated witness identification accuracy and the misconceptions the criminal justice system holds about the accuracy of such witnesses.

Systematic review and meta-analysis of interventions relevant for young offenders with mood disorders, anxiety disorders, or self-harm

Background: Mood and anxiety disorders, and problems with self harm are significant and serious issues that are common in young people in the Criminal Justice System. Aims: To examine whether interventions relevant to young offenders with mood or anxiety disorders, or problems with self harm are effective. Method: Systematic review and meta-analysis of data from randomised controlled trials relevant to young offenders experiencing these problems. Results: An exhaustive search of the worldwide literature (published and unpublished)yielded 10 studies suitable for inclusion in this review. Meta-analysis of data from three studies (with a total population of 171 individuals) revealed that group-based Cognitive Behaviour Therapy (CBT) may help to reduce symptoms of depression in young offenders. Conclusions: These preliminary findings suggest that group-based CBT may be useful for young offenders with such mental health problems, but larger high quality RCTs are now needed to bolster the evidence-base.