Why Are There So Many Lawyers in Congress?

Scholars have long sought to explain the overrepresentation of lawyers in Congress. This article draws on a wealth of data to explore the causes and consequences of this representational imbalance. While lawyers enter politics at higher rates, self-selection at best provides a partial explanation. Conditional on running, lawyers win at twice the rate of candidates from other backgrounds. Contrary to prevailing theories in the literature, voters do not reward candidates with backgrounds in law. Rather, lawyers win because of a sizable competitive advantage in early fundraising, owing in large part to their professional networks. This study has important implications for who runs for office, who wins, and the demographic composition of Congress. It also identifies an underexplored mechanism by which the US system of campaign finance sustains deep representational imbalances.     

“Fixed” Sentencing: The Effect on Imprisonment Rates Over Time

Objective

Sentencing guidelines, statutory presumptive sentencing, determinate sentencing, truth in sentencing, and three strikes are important components of the criminal justice system. The main purpose behind a relatively-fixed sentence is to remove judicial discretion by insuring that convicted felons receive a reasonably-assumed sentence depending on the crime committed. The current study assessed shifts in year-to-year changes in incarceration rates within all 50 states from the years 1965–2008 due to the adoption of sentencing reforms.

Methods

The study tests two competing theories, a normative theory and critical theory of the expected effects of reforms on imprisonment. Data was analyzed using panel regression with unit-specific fixed effects, conditional change scores, panel corrected standard errors, and a new measure of reforms.

Results

This study, possibly due to differences in model specification, ran counter to a number of previous studies and suggests some “front-end” sentencing reforms and “back-end” release changes are, on average, related to changes in imprisonment.

Conclusions

The study concluded, that when significant, reforms increased more than decreased prison growth in comparison to indeterminate sentencing. Additionally, the analysis concludes that changes in release mechanisms and parole decision structures are driving increased growth more than changes in sentencing structures.     

‘The “Strongest” Climate Ruling Yet’: The Dutch Supreme Court’s Urgenda Judgment

Netherlands International Law Review - The Dutch Supreme Court’s Urgenda judgment breaks new ground. It is the first court to order a State to reduce its GHG emissions. The State has to...     

“Error But Without Malice” in Defamation of Public Officials: The Value of Free Expression in International Human Rights Law

Government officials in various parts of the world use defamation to silence critics, but defamation liability may curtail freedom of expression on topics of public interest and undermine human rights generally. Article 19 of the International Covenant on Civil and Political Rights guarantees freedom of expression unless a state can show need to protect individual reputation and acts proportionally. In its adjudication of complaints for violations of Article 19, and in its General Comment 34, the United Nations Human Rights Committee has crafted the principle that defamation liability may not be imposed if an erroneous statement about a public official was made in “error but without malice.” Although soft law, General Comment 34 represents the committee's most compelling articulation of the values animating freedom of expression in international human rights law, and chief among the values is the role played by free expression to promote realization of all human rights.     

Morbidity and Mortality Risk Among the “Forgotten Few”: Why Are Girls in the Justice System in Such Poor Health?

The present study assessed the physical health of a population of girls sentenced to custody in a large US State via medical examinations and clinical assessments in adolescence and young adulthood. Findings indicated that injuries, obesity, and sexually transmitted diseases were the norm, with over 50% of the population meeting criteria for each of these health problems. A dose–response relationship was documented between childhood victimization and injuries and injury risk in adolescence and self-harm, HIV risk, physical health symptoms, and hospitalizations in young adulthood. The relationship between childhood victimization and poor adult physical health was fully mediated by health-risk behaviors in adolescence. Clinical and policy implications of the high mortality and morbidity risk among female juvenile offenders are discussed.     

“Last Hired,First Fired”: The Effect of the Unemployment Rate on the Probability of Repeat Offending

Research examining the connection between the unemployment rate and the aggregate crime is inconclusive. One explanation for the inconsistent findings is that the unemployment rate influences the criminal activity of repeat and first-time offenders in different ways. Results support this thesis by revealing an inverted U-shaped association between the unemployment rate and the probability of repeat offending. The curvilinear relationship likely results from repeat offenders and those lacking a criminal record entering and exiting the labor force at different levels of unemployment. Our findings highlight the role that the unemployment rate plays in affecting repeat offending and underscore the importance of distinguishing between repeat and first-time offending when analyzing the effect of the unemployment rate on crime.     

“The Opium Wars”: The Biopolitics of Narcotic Control in the United States, 1914–1935

The emergence of the narcotic control regime in the early twentieth century US provides a historical case study of what Michel Foucault has called “biopolitics”. At the collective level, narcotic control policy emerged as a regulatory mechanism to secure the national population from the spread of addictive substances through an elaborate system of surveillance and control. At the individual level, the drug user emerged as a new criminal subject at the center of an array of medico-penal technologies that sought to understand the psychological and somatic dimensions of addiction, and to normalize the addicted person.     

Rethinking the Probative Value of Evidence: Base Rates,Intuitive Profiling,and the “Postdiction” of Behavior

It is argued that American courts may be routinely admitting evidence with little to no probative value and great potential for prejudicial impact. This may be particularly likely with regard to what is essentially intuitive profiling or stereotype related evidence, defined herein as evidence suggesting that the defendant (or other party), or his (her) behavior, fits intuitive profiles (or stereotypes) of the type of person likely to commit the crime or behavior in question. In other words, intuitive profiling evidence is admitted to postdict behavior. Formal empirically based profiling evidence (testimony regarding the fit of a defendant's characteristics or behaviors to formal or scientific profiles of the typical perpetrator of the crime in question for use to prove guilt is inadmissible in American courts. However, we suggest that everyday use of informal intuitive profiles underlies both judicial determinations of probative value diagnosticity, and thus admissibility, of evidence, and jurors' use of the evidence in determining guilt. Demonstrations of the use of base rate information to evaluate the probative value of such intuitive profiling evidence both as evidence of guilt and as evidence of innocence are provided. Demonstrations of both how to evaluate the actual probative value of evidence (when all necessary values are known), and the theoretical limit of its probative value (in circumstances where some values are not known) are provided. It is argued that such evaluations may provide the basis for (1) support of motions to either admit or to exclude evidence, (2) testimony to the jury to help them weigh or interpret evidence, (3) exculpatory profiling (profiling evidence of innocence), (4) pretrial research to establish probative versus prejudicial value of evidence, and (5) sufficiency analyses to determine maximum likelihood of guilt, given multiple items of evidence. Among these, the first two are considered most important, as it can be demonstrated that many profiling characteristics currently admitted in trial (such as evidence of battery to support a murder charge) are not probative of guilt.     

“Even though we're married,I'm single”: The meaning of jail incarceration in romantic relationships

Jail incarceration substantially transforms romantic relationships, and incarceration may alter the commitment between partners, thereby undermining or strengthening relationships. In this article, we use in-depth interviews with 85 women connected to incarcerated men (as current or former romantic partners) to explore how women articulate relationship changes that stem from their partner's jail incarceration, a common but understudied form of contact with the criminal legal system. We identify three interrelated and mutually reinforcing processes, which are shaped by and shape a partner's commitment to the relationship. First, incarceration produces liminality in the status of the relationship. Second, incarceration fosters women's sense of independence from their incarcerated partners. Third, incarceration creates space for partners to reevaluate how they prioritize the relationship in their lives. Jail incarceration intervenes in romantic relationships at different points during each relationship, and accordingly, women experience heterogeneity in processes of liminality, independence, and reprioritization. These processes contribute to differential relationship experiences, with some relationships deteriorating during incarceration, others strengthening, and others neither deteriorating nor strengthening. By systematically uncovering these processes linking jail incarceration to romantic relationships, we advance an understanding of how the criminal legal system can shape relationship commitment processes and inequalities among families.     

The Impact of a Risk Assessment Instrument on Juvenile Detention Decision-making: A Check on “Perceptual Shorthand” and “Going Rates”?

This study assesses the impact of a juvenile detention risk assessment instrument (RAI) on decision-making in five New Jersey counties. It uses a pretest–posttest design, drawing on a sample of decisions matched across time periods using propensity scores (N = 1,432). It suggests that the RAI, supported by other reforms, lowers overall rates of detention. Though evidence is not strong, findings suggest the RAI may have reduced reliance on “perceptual shorthand” variables reflected in the juvenile’s age and the time of day of the decision. There is stronger evidence that the RAI increased reliance on the specific factors contained within its risk score. There is also evidence that RAI reduced disparities in detention rates across counties, perhaps by diminishing the importance of “going rates” for detention, rooted in local courtroom workgroups.     

The meaning of “the public interest” in communications policy,part I: Its origins in state and federal regulation

In the United Kingdom, a super-injunction is an interim action that prevents those against whom it is issued and any third parties who have notice of the injunction – including members of the media – from communicating about the subject in question. The media are not allowed to even reference the fact that there is an injunction in place. Often, the proceedings are anonymised, meaning the identities of the applicant and respondent are unknown, with initials replacing names. Super-injunctions and anonymised orders create tension between freedom of the press and privacy and deviate from fundamental principles of open justice. This article examines the role of super-injunctions in English media law, the tension between individual privacy and the need for an open justice system, and the implications of social media sites such as Twitter in the super-injunction process.     

Revisiting the Racial Threat Thesis: The Role of Police Organizational Characteristics in Predicting Race‐Specific Drug Arrest Rates

Previous research examining the relationship between structural factors and drug arrest rates has neglected the role of the police organization. A central proposition of racial threat theory is that indicators of a threatening Black population will be associated with law enforcement actions as a form of social control. In order to fully test this proposition, however, organizational aspects of law enforcement beyond size of the police force must be considered. Hence, the present study examines police organizational factors as direct predictors of race‐specific drug arrest rates but also as potential moderators of the effects of structural factors on drug arrest rates. Using data from 260 cities, we find that police organizational factors matter, both directly and as moderators of the association between racial economic competition and Black drug arrest rates. Consistent with expectations derived from racial threat and organizational theory, we find that racial threat measures are associated with Black drug arrest rates under conditions of relatively low organizational control.     

Criminal Justice “Hollywood Style”: How Women in Criminal Justice Professions Are Depicted in Prime-Time Crime Dramas

With the abundance of prime-time crime dramas on television, it is imperative that researchers examine how female criminal justice professionals are depicted in the world of fiction versus in reality. In this study, a content analysis of 10 prime-time television crime dramas was conducted. Of the 69 characters observed, female criminal justice professionals were portrayed as young, White, and single. Female characters were more provocatively dressed, and they also were more likely to be victims of crime. Unlike previous studies that showed that female characters were underrepresented on prime-time television, here women were overrepresented as crime scene investigators, detectives, and special agents. Stereotypical images of women as subordinate, nurturing, affectionate, and sexually attractive still prevail. However, compared to their male counterparts, female characters were equally assertive, self-confident, and competitive.     

Policies and Imprisonment: The Impact of Structured Sentencing and Determinate Sentencing on State Incarceration Rates, 1978–2004

Research has begun to systematically assess the relationship between sentencing policies and state incarceration rates. Prior studies, however, have examined policy‐based relationships in isolation, failing to consider the impact of combinations of policies. Using a pooled time series design, this article examines interactions between structured sentencing, determinate sentencing, and state incarceration rates between 1978 and 2004. Results show that constraining release discretion through determinate sentencing matters more than constraining sentencing discretion through structured sentencing. Consistent with prior research, determinate sentencing was associated with lower incarceration rates independent of other policies. Contrary to prior research, however, the presence of presumptive sentencing guidelines was associated with lower incarceration rates only when combined with determinate sentencing. These findings suggest that while a state may effectively insulate sentencing decisions from outside social forces, if it fails to insulate release decisions from those same forces, they will continue to affect imprisonment levels.     

“Identified”, “probable”, “possible” or “exclude”: The influence of task-irrelevant information on forensic odontology identification opinion

In a mass disaster situation, identification of the deceased utilising comparison of dental features is frequently heavily relied upon to facilitate rapid and accurate outcomes. The method consists of the comparison of clinical and radiographic records depicting oral structures and dentition to allow an opinion to be produced on a presumed identity. Current forensic odontology identification opinions are expressed as categories of levels of identification. Categories such as “Identified”, “Probable”, “Possible” and “Exclude” are used in various forensic odontology identification scales. The boundaries between the levels of the scales are not fixed; hence, category selection is highly subjective. It is uncertain how extrinsic factors such as exposure to contextual task-irrelevant information or operator experience influence category selection. In this study, forensic odontologist and dentist participants read task-irrelevant context case information containing either strong or weak identification or non-identification suggestions before evaluating and comparing pairs of true matching and non-matching dental radiographs. They were then asked to form an opinion regarding identification using one of four categories from the INTERPOL scale. Context information was found to influence categorical decisions. The magnitude and direction of influence depended on the type of participant, the true match status of the radiographs, and the strength and direction of bias of the context. The results of this study demonstrate the contextual effect and fluidity of the boundaries between the categories on the identification scale and highlight the need for stringent protocols to be developed regarding the use of these categorical scales to enable decision making to be more objective.