Search results

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Book part
Publication date: 25 July 2011

Lawrence F. Rossow and Jacqueline A. Stefkovich

Searching public school students has been a Constitutional reality since the landmark decision New Jersey v. T.L.O. in 1985. The law in this area of students’ rights has expanded…

Abstract

Searching public school students has been a Constitutional reality since the landmark decision New Jersey v. T.L.O. in 1985. The law in this area of students’ rights has expanded greatly, including everything from locker searches involving canines to random drug testing of students involved in sports and extracurricular activities to highly intrusive personal searches. As recent as April 2009, the U.S. Supreme Court decided that the strip search of a middle school student for ibuprofen was illegal, but because school authorities would not necessarily have known they were violating the student's Constitutional rights, the school was immune from paying money damages. Thousands of searches of all kinds are conducted every day in schools across the country. Many of those searches are legal but not all. Whether legal or not, are those searches ethical? Is an illegal search of a student per se unethical because it violates the Ethic of Care? If a search is legal can it nevertheless conform to any standard of Ethic? Does searching a student violate the Ethic of Care or the Ethic of Critique?

Details

Leadership in Education, Corrections and Law Enforcement: A Commitment to Ethics, Equity and Excellence
Type: Book
ISBN: 978-1-78052-185-5

Abstract

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Young Women's Carceral Geographies: Abandonment, Trouble and Mobility
Type: Book
ISBN: 978-1-83909-050-9

Article
Publication date: 1 October 2001

Edmund Pajarillo

Nurses are constantly faced with information needs to keep up in the fast pace, ever‐changing state of health and nursing. Information that is available through advancing computer…

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Abstract

Nurses are constantly faced with information needs to keep up in the fast pace, ever‐changing state of health and nursing. Information that is available through advancing computer and technology is oftentimes difficult and cumbersome to learn and access. This is a case study of how three nurses used and evaluated three different types of information search databases in terms of three measure criteria. The results are useful in guiding nurses to use these information sources, as well as other database users with little or no experience in searching such systems. Insights from the study can also assist system designers and programmers in future planning and redesigns of these systems, in order to maximize use and expand the user base of these search systems.

Details

The Electronic Library, vol. 19 no. 5
Type: Research Article
ISSN: 0264-0473

Keywords

Book part
Publication date: 8 April 2010

Dawn K. Cecil

Purpose – The purpose of this chapter is to examine televised images of jail by looking at televised documentaries and reality-based programs. Since jails are closed institutions…

Abstract

Purpose – The purpose of this chapter is to examine televised images of jail by looking at televised documentaries and reality-based programs. Since jails are closed institutions, the way the media depicts them can have a significant impact on people's perceptions of these institutions.

Methodology – Content analysis, a common media research technique, was employed to analyze how jails are portrayed on television. More specifically, a sample of seven televised documentaries and 24 episodes of the reality-based programs Jail and Inside American Jail were examined to determine the accuracy of these images, as well as the underlying themes presented in these programs.

Findings – There were both similarities and differences in the way these programs depicted county jails in the United States. Overall both programs offered a selective look into the jail system. Whether depicting the largest jails in the country or focusing exclusively on the areas of the jail where inmate outbursts are most likely to take place, these programs offer a sensationalized view of jail that supports current crime control policies.

Research limitations – The sample used in this study is a purposive sample and only focuses on reality-based images (excluding news broadcasts). Examining additional televised images of jail would add to the strength of this study.

Originality of paper – Although research on prisons in the media is becoming more popular, that on jails is nonexistent; therefore, this chapter adds to our knowledge of how these institutions are portrayed in the media.

Details

Popular Culture, Crime and Social Control
Type: Book
ISBN: 978-1-84950-733-2

Book part
Publication date: 10 October 2014

Tom Daems

This chapter reconstructs and critically examines the recent history of strip searches in Belgium. About 10 years ago the Belgian parliament adopted its first law on prisoners’…

Abstract

Purpose

This chapter reconstructs and critically examines the recent history of strip searches in Belgium. About 10 years ago the Belgian parliament adopted its first law on prisoners’ rights. A major part of the Prison Act of 12 January 2005 deals with disciplinary and control measures. Article 108, in particular, has provoked quite some controversy. It introduced a clear distinction between the (more superficial) search of an inmates’ clothes on the one hand, and the (substantially more intrusive) measure of strip searching on the other hand. The main difference between these two measures is that the latter involves forcing prisoners to strip naked. Because of their intrinsic intrusiveness, such strip searches were meant to be exceptional measures: they should only take place following an individual assessment and decision by the prison governor. In practice, however, the prison administration tended to interpret Article 108 somewhat differently and the line between searching an inmate’s clothes on the one hand and strip searching on the other became blurred.

Design/methodology/approach

I first discuss the problem of order in prisons and explore how strip searches have been regulated in Europe. I then reconstruct the recent history of the regulation of strip searches in Belgium. In order to make sense of this history, I mobilize some of the ideas of Stanley Cohen’s sociology of denial, in particular, his distinction between literal, implicatory and interpretive denial, and apply these to the history of strip searches in Belgium.

Findings

A consistent finding from this chapter is that the Belgian prison administration has – through creative manoeuvres of interpretive denial – been able to circumvent the new barriers that were erected by the Prison Act of 12 January 2005 and, in doing so, it has been able to continue stripping detainees naked without an individualized decision from the prison governor. The approach that I develop throughout this chapter helps us better appreciate the limits of legal reform and top-down (European) regulation of strip searches.

Originality/value

The chapter demonstrates that Stanley Cohen’s work on denial is not only useful for scholars who do research on gross human rights violations but also for interpreting more down-to-earth aspects of criminal justice systems across the globe.

Details

Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

Keywords

Book part
Publication date: 20 December 2005

Jennifer Earl

Using socio-legal research on arrests and the criminal justice system, this paper contests the implicit argument in recent research on repression that arrests are “softer” than…

Abstract

Using socio-legal research on arrests and the criminal justice system, this paper contests the implicit argument in recent research on repression that arrests are “softer” than police violence. Specifically, the paper explores the physical conditions of arrest and detention, and the extent to which arrests initiate costly interactions with the legal system that punish defendants before they are even tried (or even if charges are later dropped). Using data on arrests and police practices from mine strikes in Arizona from the early 1980s and data on arrests and police practices during urban riots in the 1960s, the paper: (1) discusses the physical realities of arrest and detention; (2) outlines the array of costs that arrests impose on protesters; (3) discusses the implications of biased policing on that set of costs; and (4) examines the costs associated with mass arrests. The paper concludes this empirical analysis by questioning the commensurability of arrests with other forms of police action, including violence, against protesters.

Details

Research in Social Movements, Conflicts and Change
Type: Book
ISBN: 978-0-76231-263-4

Article
Publication date: 1 March 2009

P. Scraton and L Moore

Informed by primary interviews and observational research conducted by the authors with women prisoners in Northern Ireland, this article focuses on prison as an institutional…

Abstract

Informed by primary interviews and observational research conducted by the authors with women prisoners in Northern Ireland, this article focuses on prison as an institutional manifestation of women’s powerlessness and vulnerability, particularly those enduring mental ill‐health. It contextualises their experiences within continua of violence and ‘unsafety’. It also considers official responses to critical inspection reports and those of the Northern Ireland Human Rights Commission based on the authors’ research findings. Finally, the primary research demonstrates that three decades on from publication the first critical analyses of women’s imprisonment, the conditions of gendered marginalisation, medicalisation and punishment remain. This is brought into stark relief in the punitive regimes imposed on those most vulnerable through mental ill‐health.

Details

International Journal of Prisoner Health, vol. 5 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

Content available
358

Abstract

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Drugs and Alcohol Today, vol. 15 no. 2
Type: Research Article
ISSN: 1745-9265

Book part
Publication date: 12 November 2015

Jeffrey Burke and Mario Torres

This chapter examines the relationship between community educational attainment and Fourth Amendment legal principles being implemented in public schools. Using education…

Abstract

This chapter examines the relationship between community educational attainment and Fourth Amendment legal principles being implemented in public schools. Using education attainment data obtained from the U.S. Census, this study examined the influence of educational attainment on how searches of students were conducted and the relative legal and judicial outcomes. The results of this study offer insight on issues related to forms of discipline in public schools and contribute to knowledge bases in the fields of economics, law, social theory, and educational leadership and administration.

Prior studies regarding the Fourth Amendment in schools focused largely on administrative decisions, judgments, and practices, but the aspect of educational attainment has been minimally investigated. Findings suggest community educational attainment has little to no predictive influence on aspects related to student searches examined in the study, which include the intrusiveness level of the search and the number of searches occurring during a single search event. Implications for future research and leadership are discussed.

Details

Legal Frontiers in Education: Complex Law Issues for Leaders, Policymakers and Policy Implementers
Type: Book
ISBN: 978-1-78560-577-2

Article
Publication date: 12 September 2017

Azrini Wahidin and Jason Powell

The purpose of this paper is to critically explore the importance of the experiences of female former combatants during the Irish Conflict, colloquially known as “The Troubles”…

Abstract

Purpose

The purpose of this paper is to critically explore the importance of the experiences of female former combatants during the Irish Conflict, colloquially known as “The Troubles” and outline key moments of resistance for female political prisoners during their time at Armagh jail. The paper will situate the analysis within a Foucauldian framework drawing on theoretical tools for understanding power, resistance and subjectivity to contextualise and capture rich narratives and experiences. What makes a Foucauldian analysis of former female combatants of the Conflict so inspiring is how the animation and location of problems of knowledge as “pieces” of the larger contest between The State, institutions of power and its penal subjects (ex-female combatants as prisoners). The paper has demonstrated that the body exists through and in culture, the product of signs and meanings, of discourse and practices.

Design/methodology/approach

This is primarily qualitative methodology underpinned by Foucauldian theory. There were 28 women and 20 men interviewed in the course of this research came from across Ireland, some came from cities and others came from rural areas. Some had spent time in prisons in the UK and others served time in the Republic of Ireland or in the North of Ireland. Many prisoners experienced being on the run and all experienced levels of brutality at the hands of the State. Ethical approval was granted from the Queens University Research Committee.

Findings

This paper only examines the experiences of female ex-combatants and their narratives of imprisonment. What this paper clearly shows through the narratives of the women is the gendered nature of imprisonment and the role of power, resilience and resistance whilst in prison in Northern Ireland. The voices in this paper disturb and interrupt the silence surrounding the experiences of women political prisoners, who are a hidden population, whilst in prison.

Research limitations/implications

In terms of research impact, this qualitative research is on the first of its kind to explore both the experiential and discursive narratives of female ex-combatants of the Irish Conflict. The impact and reach of the research illustrates how confinement revealed rich theoretical insights, drawing from Foucauldian theory, to examine the dialectical interplay between power and the subjective mobilisation of resistance practices of ex-combatants in prison in Northern Ireland. The wider point of prison policy and practice not meeting basic human rights or enhancing the quality of life of such prisoners reveals some of the dystopian features of current prison policy and lack of gender sensitivity to female combatants.

Practical implications

It is by prioritising the voices of the women combatants in this paper that it not only enables their re-positioning at the centre of the struggle, but also moves away methodologically from the more typical sole emphasis on structural conditions and political processes. Instead, prioritising the voices of the women combatants places the production of subjectivities and agencies at the centre, and explores their dialectical relationship to objective conditions and practical constraints.

Social implications

It is clear from the voices of the female combatants and in their social engagement in the research that the prison experience was marked specifically by assaults on their femininity, to which they were the more vulnerable due to the emphasis on sexual modesty within their socialisation and within the ethno-nationalist iconography of femininity. The aggression directed against them seems, in part, to have been a form of gender-based sexual violence in direct retaliation for the threat posed to gender norms by their assumption of the (ostensibly more powerful) role as combatants. They countered this by methods which foregrounded their collective identity as soldiers and their identification with their male comrades in “the same struggle”.

Originality/value

This paper is one of the first to explore the importance of the experiences of female former combatants during the Northern Irish Conflict with specific reference to their experience of imprisonment. The aim of this significant paper is to situate the critical analysis grounded in Foucauldian theory drawing on theoretical tools of power, resistance and subjectivity in order to make sense of women’s experiences of conflict and imprisonment in Ireland. It is suggested that power and resistance need to be re-appropriated in order to examine such unique gendered experiences that have been hidden in mainstream criminological accounts of the Irish Conflict.

Details

International Journal of Sociology and Social Policy, vol. 37 no. 9/10
Type: Research Article
ISSN: 0144-333X

Keywords

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