This paper proposes and analyzes the psychometric properties of the PREVI-A scale. It describes the process of item development, the factorial structure of the scale, reliability, evidence of validity and diagnostic performance with regard to recidivism risk in juvenile offenders. The sample was made up of 212 juvenile offenders held at detention centers run by the Madrid Agency for Reeducation and Reintegration of Juvenile Offenders, a regional government body. Statistical analyses were used to corroborate the theoretical (...) factorial structure of the PREVI-A, which consists of six risk/protection dimensions based on the Risk-Needs-Responsivity Model, and to obtain empirical support for the reliability and validity of PREVI-A as a tool to assess the risk of recidivism by juvenile offenders in Spain. (shrink)

This study reports on the preliminary outcome evaluation of the Magone Home Aftercare Program (MHAP), a faith-based juvenile justice residential facility in the Philippines that provides intensive aftercare treatment for adolescent males involved in the juvenile justice system after their time in a rehabilitation facility or community detention in their area of residence. Although evaluation studies are typically conducted using quantitative research methods, we believe a narrative research approach can be a useful methodology that elucidates “ why” (...) and “ how” or “ the story” behind the success of the program. As such, we evaluated the effectiveness of the MHAP in facilitating the reintegration of its beneficiaries through the stories they tell. Particularly, we analyzed and compared the life stories of MHAP beneficiaries who have been successfully reintegrated into their respective communities within the frame of redemptive narrative identity. The analysis of the interview data revealed that the life stories of these former beneficiaries contained redemption scenes in which they drew on adverse childhood experiences (extreme poverty, parental neglect, abuse, abandonment, and crime) in realizing their true selves (by gaining wisdom from the past, opportunities, new sources of strength, and desire to help others). Importantly, the redemption narratives also contained key life episodes that recognized the MHAP as the key to their successful reintegration into society. Such findings provide valuable information (i.e. how the program has achieved its objectives) to all levels of the MHAP, from program beneficiaries and front-line staff to decision-makers and funders, as well as community partners. (shrink)

This study extends research on moral reasoning competence in juvenile delinquents to their practical reasoning and perception of an institutional moral atmosphere in order to find out whether a delay in moral competence is one of the causes of the offence or one of the consequences of institutionalization or both. The study involved 64 delinquent adolescents from a modern, humane, high security detention centre and 81 secondary school pupils, all males. Delinquent adolescents exhibited lower moral competence than non‐delinquents, (...) particularly in the value area ‘obeying the law’, but the difference was smaller than previously reported. Juvenile delinquents' perception of the moral atmosphere in the detention centre was no lower than that of pupils regarding their school and their low moral competence could not be attributed to a poor moral atmosphere in the centre. Thus, the small delay found in moral competence is likely to precede detention. In both the delinquent and pupil groups perception of a poor moral atmosphere was a more important indicator of self‐reported antisocial behaviour than low moral competence. Our conclusion is that improving the perception of the institutional moral atmosphere in school and in prison is more likely to reduce antisocial behaviour among adolescents than only improving their moral competence. (shrink)

This book provides the first complete, literal English translation of Alexis de Tocqueville’s and Gustave de Beaumont’s first edition of On the Penitentiary System in the United States and Its Application to France. The work contains a critical comparison of two competing American penitentiary disciplines known as the Auburn and Philadelphia systems, an evaluation of whether American penitentiaries can successfully work in France, a detailed description of Houses of Refuge as the first juvenile detention centers, and an argument (...) against penal colonization. The work provides valuable insights into understanding Tocqueville as a statesman, as well as a comparative look at civic engagement in early American and French penal reform movements. The Translator’s Introduction provides historical context for understanding Tocqueville’s work in French penal reform and the major themes of the report. The book thus fills a void in Tocquevillian studies and extrapolates the roots of American and French criminal justice systems in the nineteenth century. (shrink)

This article situates the (human) body as a signifier for society at large, arguing that developments in many societies of structural and systematic violence that targets minorities such as refugees and first nation peoples, points to a failure of democratic values. Using two examples, we elaborate technology and digital devices as prosthesis of the body, that are also acting as proxy for state violence. The first example is from the carceral archipelago of Manus Island as a site of remote (...) class='Hi'>detention of refugees carried out by the Australian government. Refugees held on Manus Island describe the treatment they experience as torture. The second example is drawn from the Australian mainland, telling the stories of First Nations children subjected to abuse and violence in juvenile detention centers. A judicial inquiry (Royal Commission) found that a systematic approach aimed at punishing children constituted torture. The concepts developed in this article are those of bordering and racialization, while the intertwining of human and “more than human life” helps to understand and challenge the necropolitical power evident in (liberal) capitalism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Violent Conflict, the Struggle for Identity, and the Contagion of Mimetic Desire in the Prison EnvironmentCarlos GarciaMy name is Carlos Garcia. I am 56 years old and a junior class member of the Hope College–Western Theological Seminary Prison Education Program. I have lived my entire life in the state of Michigan. Unfortunately, more than forty of those years have been spent in juvenile detention centers, county jails, (...) rehabilitation centers, reformatories, and prisons. I have been accused, tried, and convicted legitimately, and wrongfully, for just about every crime less than murder. Needless to say, I know a thing or two about violence. As a result, I have embarked on a journey to understand and make use of those things I have learned in the field of mimetic desire to challenge the current system of prison politics. This writing is what I hope will be the first of many steps toward comprehensible prison reform and lasting rehabilitative programing within the Michigan Department of Corrections and beyond.What is it that makes the prison environment such a volatile place? Could it be the nature or character of the kind of men and women that fill its beds? What, then, does this say about the societies from which they came? Societies may have, in fact, played the greatest role in creating who they have come to be. [End Page 95] Could it be that their communities shaped their natures and made them into the kinds of people that many now fear and look at with curious fascination? Who we think we are might surprise us. Furthermore, who we think we "might" be may surprise us even more.This essay attempts to address and answer the question, "What role does mimetic desire play in the prison environment, and what effect might it have on the violence therein?" It also addresses how inmate identity might be shaped. Does the intentional limitation of material, intellectual, social, and spiritual resources that one may have also restrict individuality in a way that creates an environment of sameness? I suggest the answer is a resounding "yes." As such, mimetic desire becomes the driving force behind the violence therein.It is, I argue, this environment of sameness and the disintegration of differences—not the differences, in and of themselves—that ultimately leads to mimetic desire, competition, and rivalry. Often, and to the point, this environment is where winning the rivalry replaces the initial desire for the material, intellectual, or social object as the desired goal.As I unpack and answer the question and argument just offered, it is important that we first understand the premise upon which they have been formulated. Mimesis, mimetic desire, and mimetic theory are rooted in the idea of imitation. Mimesis, in and of itself, is nothing new. It is simply defined as "imitation or mimicry."1 In context of this essay, however, I address mimetic desire more specifically, as it has been theorized by its founder, French professor of history and literature René Girard. Luke Burgis, the author of Wanting: Mimetic Desire in Everyday Life, defines mimesis as "A sophisticated form of imitation that in adults is usually hidden. In mimetic theory, mimesis has a negative connotation because it usually leads to rivalry and conflict."2 Mimetic desire is defined as "Desire generated and formed through the imitation of what someone else has already desired."3 This means that what we want or desire is what the other—someone we might consider to be a model or mediator—wants, or desires, not necessarily because of the intrinsic value of the object, but because of the value we perceive the other's desire has placed on it. Again, it is mimetic desire sitting at the center of most conflicts and of the struggle for identity (i.e., autonomy) that I believe makes the prison environments volatile.We, as a species, struggle to find our place in the world. Each of us is trying to create our own identities, individually, culturally, collectively, even nationally. In very few places is the struggle more real, or its potentially violent consequences more severe, than in the prison environment. The identities of most inmates have been lost or stripped... (shrink)

Scholars have identified policing and hyper-incarceration as key mechanisms to reproduce racial inequality and poverty. Existing research, however, often overlooks how policing practices impact gender and sexuality, especially expansive expressions of gender and non-heterosexuality. This lack of attention is critical because lesbian, gay, bisexual, transgender, and queer people disproportionately experience incarceration, including LGBTQ youth who are disproportionately incarcerated in juvenile detention. In this article, I draw on 18 months of ethnographic fieldwork and 40 in-depth interviews with LGBTQ youth (...) experiencing homelessness to address this gap in the literature by documenting how police and other agents of the state use their discretion to regulate youth’s gender expressions, identities, and sex lives. I posit that current policing patterns of discrimination operate primarily not through de jure discrimination against LGBTQ people but as de facto discrimination based on discretionary hyper-incarceration practices that police gender, sexuality, and LGBTQ people. I contend that policing is not only about maintaining racial inequality and governing poverty but also about controlling and regulating gender and sexuality, especially the gender and sexuality of poor LGBTQ people of color. (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, (...) the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

Active and targeted reforms at the local and state levels have had success reducing youth incarceration rates. While most agree the work is not done, reform of the youth incarceration system has had important successes. At the same time, activists and advocates have increasingly rejected the goal of reforming youth prisons in favor of abolishing them. I outline some objections to prominent abolitionist arguments. Specifically, I show why arguments that focus on the racist historical origins of the incarceration system, structural (...) injustices within that system, or the inefficiency or harms of the current system justify reform of youth imprisonment practices, not complete elimination of them. By advancing these critiques, I do not claim to show that the reformist perspective is superior to the abolitionist one. Instead, I aim to identify an argumentative burden that abolitionists must address if they are to give reformers good reason to become abolitionists. (shrink)

In this work, peer-reviewed by a diverse and international team of practicing and licensed attorneys, I deal with the community reentry of young people of African-American origin who have experienced incarceration and are navigating sociophysiological challenges. In particular, I address some of the challenges that these youth have faced —by investigating an array of issues relating to their transitioning from youth correctional facilities back to general society. As a first step, I provide background information. As a second step, I accentuate (...) transitional barriers, while offering systems-level solutions. As a third and final step, I argue in favor of select legal reforms. In writing this peer-reviewed book, I drew on information gathered through evidence-based research, case studies, and anecdotes stemming from my lived experiences working at an advocacy organization and mentoring African-American youth. (shrink)

Un travail de terrain ethnographique dans un grand tribunal pour enfants de la région parisienne sur la décision d’incarcérer des mineurs, fait apparaître l’utilisation de critères stricts qui réduit considérablement la prise en compte de la personnalité et de l’histoire des jeunes infracteurs placés en détention provisoire. Ainsi débarrassée de l’adolescent, la décision d’incarcération devient facilement l’objet de positionnements identitaires des magistrats. Derrière les motivations officielles se cachent en effet toujours des motifs d’ordre relationnel, des défenses de position et d’identité (...) entre les substituts et les juges pour enfants. Lorsqu’ils décident ou non d’incarcérer un mineur, les magistrats mobilisent donc moins leur sens du bon et du juste envers l’adolescent et son infraction, qu’ils ne s’engagent à partir des constructions identitaires qui leur permettent de se situer à l’intérieur de leur corps. Dès lors, la personne qui compte est moins le jeune infracteur que le magistrat qui décide de son destin. Ce qui va à l’encontre du principe phare de l’Ordonnance de 1945 qui régit la justice des mineurs, et recommande avant tout la prise en compte de la « personnalité » du mineur.Fieldwork in a major juvenile court in the Paris area shows how the use of strict incarceration criteria considerably reduces the possibility for taking into account a young offender’s personality and past. The decision to incarcerate, by getting rid of the youth, soon becomes the grounds on which magistrates and public prosecutors make a stand that expresses their own identity. Behind official motivations are rationales of a relational sort that lead prosecutors and magistrates to defend current positions and identities. When deciding whether or not to incarcerate a minor, judges use their sense of what is right and just toward the adolescent in light of his offense ; but they do so by referring to a sense of identity whereby they position themselves within their occupational corps. As a consequence, the person who counts is not so much the juvenile offender as the magistrate who decides his fate. This does not comply with the key principle of the Ordinance of 1945, which instituted juvenile justice and recommends that, above all, the minor’s personality be taken under consideration. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, mainly (...) realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

In this chapter we explore the ethical justifications for criminal detentions prior to adjudication. Because pretrial detentions cannot be justified on purely forward-looking grounds, any plausible justification must be partly backward-looking. Reflecting on the broader aims of the criminal law suggests that pretrial detentions, like post-conviction detentions, may be justified on “hybrid” grounds—but only if certain retributive and instrumental criteria are met. We conclude that while it is possible in principle to justify pretrial detention, there is reason to think (...) that much of the pretrial detention in the United States is not, in fact, justified. We argue that current pretrial detention practices in the United States unjustifiably diminish a special sort of moral agency that is necessary for holding persons responsible in the first place. (shrink)

In this chapter we explore the ethical justifications for criminal detentions prior to adjudication. Because defending pretrial detentions cannot be justified on purely forward-looking grounds, any plausible justification for pre-conviction detention must be partly backward-looking. Reflecting on the aims of the criminal law more broadly suggests that pretrial detentions, like post-conviction detentions, may be justified on “hybrid” grounds—but only if certain backward-looking retributive criteria and forward-looking instrumental criteria are met. We conclude that while it is possible in principle to (...) justify pretrial detention, there is reason to think that much of the pretrial detention in the U.S. is not, in fact, justified. We then argue that as a result, current pretrial detention practices in the U.S. unjustifiably diminish a special sort of moral agency that is necessary for holding persons responsible in the first place. (shrink)

Attention has been given to cross-cultural differences in adolescent growth, but far less is known about developmental variability during juvenility (ages 3–10). Previous research among the Pumé, a group of South American foragers, found that girls achieve a greater proportion of their adult stature during juvenility compared with normative growth expectations. To explain rapid juvenile growth, in this paper we consider girls’ activity levels and energy expended in subsistence effort. Results show that Pumé girls spend far less time in (...) subsistence tasks in proportion to their body size compared with adults, and they have lower physical activity levels compared with many juveniles cross-culturally. Low activity levels help to explain where the extra energy comes from to support rapid growth in a challenging environment. We suggest that activity levels are important to account for the variation of resource and labor transfers in mediating energy availability. (shrink)

El presente artículo presenta una discusión acerca del carácter contracultural de algunos estilos o culturas juveniles, con las implicaciones políticas que ello conlleva. Para cumplir este objetivo los autores desarrollan un marco de referencia conceptual que sitúa los términos de la discusión, comparando elementos básicos de las culturas “jipis” de principios de los setenta, con las culturas “techno” de los noventa. Uno de los elementos centrales a nivel comparativo, será el consumo de ciertas drogas y sus significados en cada contexto (...) de estilo juvenil. A modo de conclusión, los autores plantean algunas proposiciones acerca del papel de las culturas juveniles, y más en concreto, de sus posibles significados políticos en nuestras sociedades contemporáneas. (shrink)

Este texto expresa los aspectos ideológicos que respaldan las prácticas del colectivo de la Red Juvenil de Medellín, (Colombia), pensadas y planteadas por ellos mismos. Se evidencian las relaciones y los comportamientos que estos jóvenes generan con el fin de buscar la transformación de la sociedad,..

Over the past 25 years, migrant detention and criminalisation has steadily increased in the United States. This state of affairs has triggered social workers to advocate through policy and service on behalf of migrants. In order to evaluate contemporary practice, a critical position is generated through a genealogy of social work practice with migrants where the colonial archeology of contemporary social work practice is found in the history of the settlement movement. Here, an irony becomes apparent within social work. (...) Social work practice is a settler colonialism paralleled by Gayatri Spivak's reading of colonial discourses resulting in the subaltern condition. Following Spivak's analysis, social work advocacies affirm migrant subalternity by re-presenting the migrant as an image of nonagentive victimhood while simultaneously representing migrants through political advocacies on their behalf. As a liberation ethics counter to the colonial discourses, Spivak's exit of subalternity as the road to hegemony is drawn for social work practice. In this effort, Indigenous Action Media's distinction between allies and accomplices is central to develop a social work practice as an ethics of liberation. Social workers thus become accomplices with criminalised and detained migrants on the road to hegemony. (shrink)

The issue of detention as a tuberculosis control measure has resurfaced following the prolonged detention of a patient with an extensively drug-resistant strain of tuberculosis in a prison cell in Arizona, and the attempted detention in Italy and subsequent detention in Atlanta, Georgia of an American sufferer thought to have XDR-TB in May 2007. These cases have reignited the debate over the evidence that supports detention policy in the control of tuberculosis, and its associated legal (...) and ethical ramifications. This paper considers whether involuntary detention is justified where voluntary measures have failed or where a patient poses a danger, albeit uncertain, to the public, and discusses the need for strengthening evidencebased assessments of public health risk. (shrink)

A policy of “preventive detention” has recently been debated in the British Parliament. Alarmed by the high-profile criminal activities of people suspected of having dangerous severe personality disorder , the government have made clear their intention to “indeterminately but reviewably detain” people with DSPD, after diagnosis by forensic psychiatrists, even if the individuals are yet to commit an offence. Such a policy may improve the safety of the public, but has obvious implications for civil liberties. This essay criticises the (...) morality of the government's intention and rejects the notion that the medical profession could ethically collude with such a policy. (shrink)

The core of Australia’s response to asylum seekers who arrive in an unauthorised manner has been to detain them in immigration detention centres until they are judged to engage Australia’s protection obligations or, if they do not, until they are returned to their country of origin. For a number of asylum seekers this has resulted in very prolonged detention. This policy has aroused a storm of controversy with very polarised positions being taken by participants in the debate. In (...) particular, the claim has frequently been made (including by this author) that the circumstances and duration of immigration detention cause substantial harm to the mental health of a significant number of detained asylum seekers. A rational debate on the effects of detention has been hampered by the fact that the Australian government has not allowed researchers access to the detention centres in spite of persistent requests for access by professional bodies. This paper is written in response to the following questions posed by the Journal: Is there a case to be made for individuals agreeing to participate in research studies and for the wider population of current and future detainees to be involved in research without informing either the detention provider or the host nation? Is it legitimate for a researcher to engage in potentially deceptive actions in order to obtain access to such detention facilities to undertake research? What ethical framework should underpin such research? Although there is very little guidance in the literature on the ethical conduct of research in settings such as immigration detention centres, a consideration of the ethical implications of carrying out research in the manner raised by these questions leads this author to conclude that such research cannot be ethically justified. Governments must be persuaded to allow, and to provide substantial support for, ethically conducted research on all aspects of detention. There is also a need for the development of an explicit ethical framework for the conduct of research in settings characterised by a very problematic human rights context. (shrink)

In his thought-provoking, carefully crafted, and impressively researched article, Don Scheid makes a compelling argument for an indefinite detention paradigm for “mega-terrorists.” Scheid's proposa...

I disagree, albeit with great respect, with Don Scheid's basic proposition that preventive detention for “mega-terrorism” suspects is warranted.1 In a sense, we disagree about what constitutes prev...

In some jurisdictions, the institutions of criminal justice may subject individuals who have committed crimes to preventive detention. By this, I mean detention of criminal offenders (i) who have already been punished to (or beyond) the point that no further punishment can be justified on general deterrent, retributive, restitutory, communicative or other backwardlooking grounds, (ii) for preventive purposes—that is, for the purposes of preventing the detained individual from engaging in further criminal or otherwise socially costly conduct. Preventive (...) class='Hi'>detention, thus understood, shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing (usually severe) constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained individual deserves no detention (or so I will, for the moment, assume), and in preventive detention, the individual has already endured any detention that can be justified by reference to desert. Both interventions are, in contrast to civil commitment under mental health legislation, normally imposed on more-or-less fully autonomous individuals. And both interventions are intended to reduce the risk that the constrained individual poses to the public. Yet despite these similarities, preventive detention and quarantine have received rather different moral report cards. (shrink)

Garantía Juvenil se configuró, tras la crisis económica del 2008, para ofrecer nuevas oportunidades de empleo y amortiguar la situación actual juvenil. Como objetivo, analizar si el programa ha conseguido alcanzar sus propuestas iniciales de inserción laboral en Granada. En los resultados, se pone en consideración las diferentes posibilidades de éxito tras la realización de la formación recibida.Para la discusión y conclusiones, presentamos la información del estudiantado después de finalizar su experiencia en el programa y que nos ayudará a comprender (...) si ha logrado mitigar los efectos adversos de la crisis económica y los altos índices de desempleo. (shrink)

El objetivo del estudio es evaluar el desempleo juvenil universitario en mujeres de 18 a 30 años, como consecuencia de los efectos de la pandemia en la salud pública. La metodología responde a un estudio de campo con una muestra de 239 casos analizados a través de una encuesta cerrada, basada en 26 ítem, mediante una escala Likert para contrastar las situaciones profesionales y humanas de las encuestadas relacionado a conciliación, igualdad y desarrollo profesional. Los resultados evidenciaron brechas en mujeres, (...) sobre lo cual se requiere fortalecer la participación de la mujer en espacios laborales. (shrink)

The question of detention of asylum seekers is specific due to the special situation of detainees (persons who have experienced human rights violations and apply for asylum in receiving country) and due to peculiarities of detention itself (persons have not committed crimes, but come or stay illegally because they have been forced to do so by fleeing from human rights violations). Therefore, lately it raises many discussions at the European level. Sooner or later, discussions influence national laws, as (...) after adopting the EU directives their provisions must be properly transposed into national laws. This article describes the recent documents: the study in Lithuania, the UNHCR guidelines, the EU developments, the Lithuania judicial practice. The authors of the article discuss the latest amendments of the Law on the Legal Status of Aliens (entering into force on 1 February 2012) related to detention of asylum seekers after the transposition of the provisions of the Return Directive. The practice of the Supreme Administrative Court of Lithuania when applying the new detention-related provisions is also reviewed in the article. The authors do not agree with the position of the Supreme Administrative Court of Lithuania that the provisions of the Return Directive are applicable to asylum seekers. The authors pay attention to the case-law of the European Court of Justice, the preamble of the Return Directive and its legal relations with the EU asylum directives. At the end, the conclusions are drawn as to the way that the provisions of the Law on the Legal Status of Aliens should be interpreted in the light of the purposes and provisions of the European Union directives. In order to avoid contradictory practice and at the same time ensure the interests of public order in Lithuania, Article 113(7) of the Law on the Legal Status of Aliens could be applied. (shrink)

In this commentary, I ask three specific questions: (1) Why would a juvenile stage be maintained in humans? (2) What could be a satisfactory evolutionary scenario explaining the features of feminine speech? And (3), what could be the contribution of sexual selection in the elicitation of higher informational contents in communicative signals?

This volume contains a selection of papers presented at the 34th International Social Philosophy Conference (2017), an annual event sponsored by the North American Society for Social Philosophy. The theme of the conference was "Justice: Social, Criminal, Juvenile"; this volume invites wider discussion of the issues explored at the conference.

In the war on terrorism, the imprisonment of suspected terrorists by the United States has raised a host of issues,1 among them that of indefinite detention. Over the years, there has been a great...

In lieu of an abstract, here is a brief excerpt of the content:476 Feminist Studies 41, no. 2. © 2015 by Feminist Studies, Inc. Wang Zheng Detention of the Feminist Five in China On March 6 this year, just before International Women’s Day, the Chinese police in Beijing arrested five young women who had engaged in activism to protest sexual harassment on public transportation. The month-long detention of these five young feminists has changed the landscape of Chinese feminism. (...) The global feminist mobilization that emerged to appeal for their release also presents a fascinating example of a successful feminist response to authoritarianism. In this short piece, I open with a few personal snapshots to briefly illustrate the history of Chinese feminist engagement with sexist sexual norms. Next, I will situate the five young feminists’ actions within this historical context in order to illustrate significant changes in Chinese feminist practices as well as in Chinese society. Finally, I will discuss the political implications of the detention of the so-called Feminist Five as well as the global mobilization for their release. In 1985 I came from Shanghai to study US history at the University of California, Davis. I made quite a few American friends in the graduate program. They were very curious about my life in China, and I was very proud of being a liberated woman from socialist China. I acted like an ambassador, talking to different groups about the great accomplishments of women’s liberation under socialism in China. As a young, urban woman I enjoyed equal education, equal employment, equal pay, and equal opportunity for promotion. I had never experienced gender News and Views 477 inequality, I thought. One day I was telling my friends about how I once confronted a thief who had just snatched my wallet on a crowded bus in Shanghai and how I forced him to drop my wallet. My friends were very impressed: “Wow! You were so brave,” they said. A few days later, I happened to mention that on the same crowded Shanghai buses, men would frequently grope women, and my friend asked instantly, “How did you respond to them?” I replied without thinking, “What could I do? I just tried my best to move to another spot to avoid such rascals.” My friend then raised a question that shattered my self-perception as a brave and liberated woman: “Why did you dare to confront a thief but not a sexual harasser?” I answered, “Oh, I would be so ashamed if people around me noticed.” Immediately, I realized that my reply was highly problematic. That conversation set in motion a process of soul searching. Why would a liberated woman still continue to observe the patriarchal value of chastity? Why would women of my generation—the liberated Chinese women in socialist China—have no consciousness of the serious problems contained within these sexual norms? It was not only a personal reflection. From this point, I embarked on a long review and contemplation of women’s liberation in socialist China. I realized that in the realm of sexuality, while state feminists were able to transform the sexual double standard to a single standard for the general public (although some top male leaders continue double standards and engage in extramarital sexual relationships without being punished), puritanical sexual morality did not shake deeply entrenched masculinist cultural values of women’s chastity and virginity. As a result, a liberated woman such as myself could internalize such sexist values with no consciousness, let alone action, focused on changing such sexist culture. In 1992, I attended a conference by the Shanghai Women’s Federation. When a US feminist scholar asked if there were any cases of sexual harassment in China, the Chinese women participants all replied, “No, no, we don’t have sexual harassment.” I stood up and named things that happened to women every day on Shanghai buses as sexual harassment. By then I had long been empowered by my study of feminist history and theories. In 1995, at the NGO forum at the Fourth UN Conference on Women held in Beijing, feminists from inside and outside China openly challenged pervasive sexist sexual norms. Sexual violence and sexual harassment were clearly defined as violations of women’s human rights... (shrink)

Almost a year after the enactment of the law regulating euthanasia in Spain, public opinion was shocked to learn that a defendant in criminal proceedings obtained medical assistance in dying following injuries sustained in an exchange of gunfire with the police after having committed a series of severe crimes. Although there are very few cases in the world where prisoners have received euthanasia, the one we will discuss in this article is the only known case where both the public prosecutor's (...) office and the private prosecutors judicially opposed the defendant's euthanasia. This article aims to offer a new perspective on the ethical legitimacy of detainees' access to euthanasia: the ethics of caring solidarity. To do this, we will first place the case in its legal context. Subsequently, we will address the two main arguments proposed in the literature to justify euthanasia in detention: respect for the autonomy of the detainee and the principle of equivalence of care. Finally, after having identified serious shortcomings in both arguments, we will argue that the perspective of caring solidarity offers a better ethical basis for people in detention's access to euthanasia. (shrink)

Notable in cross-cultural comparisons is the variable span of time between when children become economically self-sufficient and when they initiate their own reproductive careers. That variation is of interest because it shapes the age range of children reliant on others for support and the age range of children available to help out, which in turn affects the competing demands on parents to support multiple dependents of different ages. The age at positive net production is used as a proxy to estimate (...) the close of juvenile economic dependence among a group of Maya subsistence agriculturalists. Maya children produce more than they consume by their early to mid teens but remain in their natal households for a number of years before leaving home and beginning families of their own. The Maya results contrast markedly with those from several groups of hunter-gatherers and horticulturalists for whom we have similar data. Even in the Maya case, where children are self-sufficient at a relatively young age, parents are unable to support their children without help from others. The production surplus of older children appears to help underwrite the cost of large Maya families and subsidize their parents’ continued reproduction. (shrink)

The pre-trial detention of individuals charged with crimes is viewed by many legal scholars as problematic. Standard arguments against it are that it constitutes legal punishment of individuals not yet convicted of crimes, violates the presumption of innocence, and rests on dubious predictions of future crime. I defend modified and restrained forms of pre-trial detention. I argue that pre-trial detention could be made very different than imprisonment, should be governed by strict criteria, and is warranted, when the (...) evidence of danger is convincing. I contend that the presumption of innocence does not preclude us from doing many other things to criminal suspects and defendants that imply their guilt. Finally, I dispute arguments designed to show that pre-trial detention can be justified to prevent absconding or interferences with the course of justice, but not to prevent other, and sometimes much more serious, offenses. (shrink)

Genomic and neuro-scientific research into the causes and course of antisocial behaviour triggers bioethical debate. Often, these new developments are met with reservation, and possible drawbacks and negative side-effects are pointed out. This article reflects on these scientific developments and the bioethical debate by means of an exploration of the perspectives of one important stakeholder group: juveniles convicted of a serious crime who stay in a juvenile justice institution. The views of juveniles are particularly interesting, as possible applications of (...) current and future scientific findings are considered to be most effective if applied early in life. Based on their statements we come to the following provisional conclusions. Concerns about labelling and stigmatization are recognized and widely shared. Possible effects on one's identity are acknowledged too. Yet, a possible biological underpinning of one's antisocial behaviour is not considered to result in the development of a criminal identity. Nonetheless, psychopharmacological interventions are experienced as endangering one's current self. Concerns regarding the refusal of responsibility and the blaming of one's genes or brain can be put into perspective. Instead, participants emphasize the motive of own choice as underlying their criminal behaviour. Moreover, bioethical debate should pay attention to the role of parents of children at risk and the parent-child relationship in families at-risk. We argue that the short-term and long-term interests of children at risk, as well as their interests and those of society at large, may conflict. In order to deal appropriately with newly arising dilemmas, a normative framework needs to be developed. (shrink)

For individuals whose mental illness impair their ability to accept appropriate care—the depressed, acutely suicidal mother, or the psychotic lawyer too paranoid to eat any food—statutes exist to permit involuntary hospitalization, a temporary override of paternalistic benefice over personal autonomy. This exception to the primacy of personal autonomy at the core of bioethics has the aim of restoring the mental health of the temporarily incapacitated individual, and with it, their autonomy.

Neste texto procuramos tematizar o cotidiano juvenil a partir de contextos de privação de liberdade. Apresentamos algumas análises possíveis de serem realizadas dentro do conjunto da pesquisa matriz que o origina: “Escola de Borracha: um estudo sobre os processos educativos e identitários de jovens em privação de liberdade”, cujo foco volta-se para os processos educativos e identitários de jovens em conflito com a lei. O viés metodológico que escolhemos para o desenvolvimento da pesquisa envolve a escuta de jovens a partir (...) de suas narrativas escritas, na troca de cartas com os pesquisadores. Por meio das palavras dos jovens, identificamos outras dimensões dos percursos juvenis, assim como os dispositivos construídos para viverem a juventude possível em contextos de inclusão precária. A partir dos procedimentos da análise textual discursiva, trazemos alguns retratos da realidade juvenil vivida nos espaços de confinamento, especialmente daqueles voltados às representações que os jovens internos de um Centro de Atendimento Socioeducativo (Case), situado numa cidade do extremo sul do Brasil, têm sobre sua situação juvenil e sobre a liberdade. (shrink)

Self-harm within immigration detention centres has been a widely documented phenomenon, occurring at far higher rates than the wider community. Evidence suggests that factors such as the conditions of detention and uncertainty about refugee status are among the most prominent precipitators of self-harm. While important in explaining self-harm, this is not the entire story. In this paper, we argue for a more overtly political interpretation of detainee self-harm as resistance and assess the ethical implications of this view, drawing (...) on interviews with detainees from Australia’s offshore system. Self-harm by detainees is not only a medical ‘condition’ arising in response to oppression but a form of political action to lessen or contest it. We first establish how self-harm could be conceptualised as resistance. We then discuss its political purpose, noting it serves at least three functions: intrinsic, instrumental and disruptive or coercive. Viewing detainee self-harm as political resistance is a supplement to (rather than a substitute for) a medical approach. However, conceptualising self-harm this way has several advantages, namely, moving away from the idea that such behaviour is ‘maladaptive’, recognising detainees as political agents, combatting government claims of ‘manipulation’ and ‘blackmail’ and clarifying the duties of healthcare workers who work in detention. (shrink)

In 2018, at least 12 adults and 3 children died in U.S. detention facilities. In 2017, 12 people died in U.S. detention facilities and at least 10 women filed complaints against ICE for mistreatment that led them to miscarry. At the time of this writing, 26 people have died in US Custody during the Trump Administration and 74 people have died in U.S. detention facilities between 2010 and 2018, including Raul Ernesto Morales-Ramos, Augustina Ramirez-Arreola, Moises Tino-Lopez, Jose (...) Azurdia, and Roxana Hernandez. I am not going to argue that these deaths are wrong – I take that as obvious. Instead, I will suggest that nonideal theory shows why bioethicists have special obligations for condemning these deaths and getting involved to make them stop. When we heed nonideal theory’s demand to consider empirical realities, we will see that the role of the bioethicist extends wherever health care does. Moreover, when bioethicists expressly embrace nonideal rather than ideal theories to ground our work, we will see that there are plenty such theories available to us. Shelly Wilcox’s nonideal theory of immigration justice is especially well suited for bioethicists to use in relation to detainee health care and enter the conversation where they are so desperately needed. (shrink)

El objetivo principal de esta investigación es analizar el trabajo del asociacionismo femenino juvenil como mecanismo de participación ciudadana orientado a la inserción de colectivos invisibilizados en el mercado laboral a través de la educación integrativa. La investigación se ha desarrollado a partir de un trabajo voluntario de nueve meses de duración en la Asociación Rosa Peris, en Barcelona, que proporciona becas de estudios a chicas jóvenes en situación de vulnerabilidad socioeconómica, cuyas edades oscilan entre 16 y 26 años. Se (...) ha realizado un análisis de contenido cualitativo del progreso profesional y personal de las becadas, además del impacto identitario. La presentación también ofrece información acerca de cómo pueden las asociaciones femeninas juveniles del tercer sector guiar al poder público en el diseño de políticas públicas y sociales, en materia de juventud e igualdad. Los resultados señalan el alcance práctico de estas intervenciones cívicas en la creación de políticas públicas, toda vez que consiguen fundamentar la producción político administrativa en la experiencia asociativa ciudadana juvenil. (shrink)

Coercion, the act of compelling someone to do something by the use of power, intimidation, or threats, has been deemed a necessary weapon in the public health armamentarium since before public health fell under the remit of physicians and out of the grip of “sanitarians” and civil engineers. This article examines the ethics of detention in the pursuit of public health and uses a contemporary example, detention of poorly compliant individuals with tuberculosis, to highlight the moral dilemmas posed, (...) and examine whether recently proposed approaches are just. In particular I focus upon the public health response to non-infectious individuals who fail to comply with treatment . Our response to them helps clarify contemporary attitudes to recalcitrant, often marginalised, individuals who pose an uncertain threat.Globally tuberculosis control is failing. The World Health Organisation recently called this public health threat a global emergency.1 Transmission occurs through often casual contact from individuals who have pulmonary disease. Although there is much that is uncertain regarding the infectiousness of this ancient disease, we do know that those who are smear-positive, that is who have organisms of Mycobacterium tuberculosis visible in stained respiratory secretions, are considerably more infectious than those who do not.2, 3 Compliance with effective treatment rapidly makes previously infectious patients non-infectious. Standard treatment for fully drug-sensitive tuberculosis usually lasts for six months. Erratic adherence to chemotherapy, however, may result in relapse and the development of drug-resistant disease which is considerably more difficult to treat.In the 1980s and early 1990s New York City witnessed an epidemic of tuberculosis and, of particular concern, a marked increase in drug-resistant and multidrug-resistant strains. In the early 1990s the threat of a virtually untreatable, casually communicable, …. (shrink)

Brown, Pauline I recently came across an article by Meg Keneally in The Guardian. I can think of no better description of our policies and practices on immigration detention than the following extract: It's a well-worn solution to an intractable human problem involving a large group of inconvenient people - ship them off somewhere, put a wall around them, and try to forget about the whole thing. You could argue that our country was founded as a result of this (...) approach. You could also argue that we learned our lesson too well, because it's an approach we are still using when it comes to vulnerable people who have undertaken hazardous ocean journeys - and the outcomes are no more humane than they were in the 18th and 19th centuries. (shrink)