Sexual Violence, Victim Advocacy, and Republican Criminology

Scheingold, Stuart A.; Olson, Toska; Pershing, Jana L.

doi:10.2307/3053996

Cited by 4 publications

(4 citation statements)

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“…As such, Washington paralleled developments in the California case as crime victims groups supported this highly coercive sanction. In this sense, I agree with Scheingold et alia (1994) that victim participation contradicted some of the basic principles of restorative justice or republican criminology. That is to say, crime victims demanded increased penal sanctions along with other potentially repressive measures such as sex offender registration, impinging on the rights of criminal offenders.…”

Section: Empirical Casesmentioning

confidence: 56%

“…Despite some elite support, Proposition 8, the Victims' Bill of Rights, was a citizen initiative, and as such, it depended upon grassroots mobilization and public responsiveness to become law. Similarly, the CPA was initiated only after grassroots activists marched on the state capital demanding new legislation, and it subsequently included much of their input (also see Scheingold et al 1994). Given the success of these organized social movements, I suggest that crime victim groups were not simply cultural dupes, easily manipulated by elites, but rather were important players in the reconfiguration of justice in late‐twentieth‐century America, tapping into resonant themes about human worth and rights.…”

Section: Resultsmentioning

confidence: 99%

“…Crime victims have been characterized as antimodern in the sense that they seek revenge and are often motivated by a desire to humiliate others, debased features of justice thought to be long buried by a technocratic and highly rational modern criminal justice system (Pratt 2000; Lynch 2002). Alternatively, crime victims have been portrayed as carriers of “republican values” in the sense that they try to maximize community participation in the restoration of victims' well‐being and offenders' re‐integration by minimizing the coercive role of the state and penal sanctions (Braithwaite & Pettit 1990; Strang 2002; Scheingold et al 1994). This article complicates these prevailing characterizations of crime victim advocacy and their related penal outcomes.…”

Section: Type Of Penal Outcome By Case Studymentioning

confidence: 99%

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The Politics of Pain: A Political Institutionalist Analysis of Crime Victims' Moral Protests

Barker

2007

Law Soc Rev

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Like the new social movements, crime victim movements were part of broad cultural struggles to redefine the character of social order in the late twentieth century. Motivated by pain and outrage over criminal victimization, they were engaged in highly charged moral protests over the rights and duties of state government and the relative value of human life. This article argues that the degree to which crime victims were part of a retributive movementFthe restriction of criminal offenders' rights and libertiesFor part of a restorative movement to repair victims' well-being depended on the political context in which they were operating, specifically the structure of the democratic process. The case studies suggest that a context with a high degree of democratization but intensive social polarization was more likely to deepen crime victims' demands for vengeance as well as provide their legal and political expression, while a context with intensive civic engagement but well-developed social trust and norms of reciprocity was more likely to bring about pragmatic measures, intermixing restorative and restrictive approaches to criminal victimization. This article seeks to extend the literature on political institutionalism by integrating the structural constraints of institutions with the power of human agency.

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Section: Empirical Casesmentioning

confidence: 56%

Section: Resultsmentioning

confidence: 99%

Section: Type Of Penal Outcome By Case Studymentioning

confidence: 99%

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The Politics of Pain: A Political Institutionalist Analysis of Crime Victims' Moral Protests

Barker

2007

Law Soc Rev

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“…For such monstrous individuals a whole variety of paralegal forms of confinement are being devised, including pre-emptive or preventive detention prior to a crime being committed or after a determinate sentence has been served, not so much in the name of law and order, but in the name of the community that they threaten, the name of the actual or potential victims they violate. It appears that the conventions of 'rule of law' must be waived for the protection of the community against a growing number of 'predators', who do not conform to either legalistic or psychiatric models of subjectivity (see Pratt 1999;Simon 1998;Scheingold et al 1994).…”

Section: Managing Riskmentioning

confidence: 99%

Government and Control

Rose

2000

British Journal of Criminology

850

640

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Advanced liberal democracies are currently witnessing a bewildering variety of developments in regimes of control. These range from demands for execution or preventive detention of implacably dangerous or risky individuals-sexual predators, paedophiles, persistent violent offenders-to the development of dispersed, designed in-control regimes for the continual, silent and largely invisible work of the assessment, management, communication and control of risk. Political programmes of crime control appear to have little stability, cycling rapidly through all the alternatives from 'prison works', 'short, sharp shocks' and 'boot camps', through 'community corrections' and 'reintegrative shaming' via 'therapeutic rehabilitation' to 'nothing works' and 'three strikes and you're out'. Of course, programmes of crime control have always had less to do with control of crime than they have to do with more general concerns with the government of the moral order. And concerns about illegality and crime have been articulated as much, if not more, by institutions and practices which are not part of the criminal justice system than by those that are conventionally considered to be part of such a 'system'. Nonetheless, even at this more general level, things seem confusing. Despite claims that we live in a post-disciplinary society (Simon), that dangerousness has given way to risk (Castel), that control in now continuous, immanent and cybernetic rather than discontinuous, localized and individualizing (Deleuze), there appears to be little strategic coherence about these developments at the level of their rationalities, and much diversity and contingency at the level of their technologies. This paper will attempt to explore this complexity along a number of dimensions. It will consider the ways in which particular 'regimes of illegalities' have been individuated and problematized, and suggest that, although these are diverse, some at least can be understood as infractions of freedom, that is to say, as problematic because they throw into question the very presuppositions of moral consciousness, self-control and self-advancement through legitimate consumption upon which governmental regimes of freedom depend. It will consider the 'conceptions of the criminal' that circulate within practices for the government of illegality, and suggest that, despite the apparent diversity of these conceptions-where biological arguments about inherited tendencies cohabit with communitarian arguments about the virtues-the pervasive image of the perpetrator of crime is not one of the juridical subject of the rule of law, nor that of the bio-psychological subject of positivist criminology, but of the responsible subject of moral community guided-or misguided-by ethical self-steering mechanisms. And it will consider the forms of knowledge and modes of expertise that are implicated in these new techniques and rationalities of control. Governing Conduct 1 Analysts of control practices often seem to suggest that we are in the midst of a shift into a radical...

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A guide to the literature on aggressive behavior

1996

Aggr. Behav.

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Sexual Violence, Victim Advocacy, and Republican Criminology

Cited by 4 publications

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The Politics of Pain: A Political Institutionalist Analysis of Crime Victims' Moral Protests

The Politics of Pain: A Political Institutionalist Analysis of Crime Victims' Moral Protests

Government and Control

A guide to the literature on aggressive behavior

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