STATE-LOCAL RELATIONS AND THE AMERICAN JAIL CRISIS: AN ASSESSMENT OF STATE JAIL MANDATES

Years of neglect, combined with the recent development of a “hands on” judicial policy have resulted in a jail crisis in America. States, recognizing their contribution to this situation, have begun to develop policies designed to assist local jail officials in operating safe, humane, and constitutional facilities. These state efforts are a form o f mandating, and primarily concern minimum operating standards and inspections programs. In this research we investigate three questions related to state mandating of local jail operations: (1) what is the extent of state involvement, (2) what factors are associated with state involvement, and (3) what is the impact of state involvement? Our findings indicate (1) states have been active in developing and administering jail mandates, (2) state involvement is associated with state-level corrections policy, and (3) jail standards and inspections programs have a substantial impact on local jail performance. We conclude with a discussion of how state and local governments may proceed in the process of developing standards, inspections, and enforcement procedures.     

THE IMPACT OF STATE STANDARDS AND ENFORCEMENT PROCEDURES ON LOCAL JAIL PERFORMANCE

One of the recent trends in the field of criminal justice has been the development of state jail standards. The nature of local politics has meant that jails have been among the most poorly funded and operated governmental institutions. The result of decades of neglect is a fertile ground for inmate litigation. The interest shown by the courts, in a variety of operational and procedural areas, has been a key factor in leading many states to assume a greater role in local jail oversight. This article examines some of the problems facing jails and describes state efforts to address these problems through state-level jail standards and enforcement procedures.     

The integration of cooptation and coercion: China’s Taiwan strategy since 2001

In the past half-decade, China has developed a careful balance of cooptative and coercive power in its attempts to dampen the Taiwan independence movement and pursue political unification. In essence, attempts to curry favor with politically relevant constituencies on Taiwan have been paired with attempts to diplomatically isolate and militarily threaten the island's top policymakers. This balance is risky because of the possibility that it may appear too lenient to PRC nationalists, and too provocative to ROC residents. Nevertheless, the current structure of carrots and sticks has emerged for three reasons. First, the institutional coherence of Chinese decision-making and implementation has allowed for the viability of an adaptive, long-term approach. Second, the constraints on both unreinforced cooptation and coercive diplomacy have mediated toward a posture in which the former is enhanced and the latter downplayed. Third, expanded external opportunities in recent years have made it possible to exploit this middle ground.     

Back to the Future? Senior Federal Executives in the United States

Based on findings from the 1970s, research literature on senior government executives emphasized a growing integration of politics and administration. This integration was reflected in what we called the "Image IV" bureaucrat wherein political role traits combined with those of traditional bureaucratic ones. Although this was by no means a dominant trend, we were led to speculate that traditional divisions between political and bureaucratic roles were eroding. Data gathered from the 1980s and 1990s, however, lead us to infer that divisions between political and bureaucratic roles have reasserted themselves and that integration between them is being diminished rather than strengthened. We conclude that this may be because in an era of governmental austerity the demand for executive policy entrepreneurs has slackened while the political needs have shifted to those of managerial control over an inertial or even contracting state.     

Radical Reform in New Zealand: Crisis, Windows of Opportunity, and Rational Actors

This article uses three perspectives to explain the radical economic and state sector reforms undertaken in New Zealand starting in 1984. We interpret the reforms using a rational-comprehensive perspective, a garbage can perspective and a modified garbage can perspective identified in the work of John Kingdon. With New Zealand as an illustrative case, we explore the conditions under which radical reform is possible, the factors governing the adoption of reforms, and the impact on the reform process of a country's historical and cultural traditions. Our analysis emphasizes the import of a package of ready-made solutions, strong advocates (particularly a well-placed policy entrepreneur) who attach the solutions to a problem, and the existence of a 'window of opportunity' for adoption of the reforms. We conclude with a discussion of the implications of adopting reforms that run counter to a nation's long-established traditions.     

The who, what, and why of risk adjustment: a technology on the cusp of adoption

Risk adjustment (RA) consists of a series of techniques that account for the health status of patients when predicting or explaining costs of health care for defined populations or for evaluating retrospectively the performance of providers who care for them. Although the federal government seems to have settled on an approach to RA for Medicare Advantage programs, adoption and implementation of RA techniques elsewhere have proceeded much more slowly than was anticipated. This article examines factors affecting the adoption and use of RA outside the Medicare program using case studies in six U.S. health care markets (Baltimore, Seattle, Denver, Cleveland, Phoenix, and Atlanta) as of 2001. We found that for purchasing decisions, RA was used exclusively by public agencies. In the private sector, use of risk adjustment was uncommon and scattered and assumed informal and unexpected forms. The most common private sector use of RA was by health plans, which occasionally employed RA in negotiations with purchasers or to allocate resources internally among providers. The article uses classic technology diffusion theory to explain the adoption and use of RA in these six markets and derives lessons for health policy generally and for the future of RA in particular. For health policy generally, the differing experiences of public and private actors with RA serve as markers of the divergent paths that public and private health care sectors are pursuing with respect to managed care and risk sharing. For the future of RA in particular, its history suggests the need for health service researchers to consider barriers to use adoption and new analytic technologies as they develop them.     

Competence to Stand Trial: A Neuropsychological Inquiry

Law and Human Behavior - How might the deconstruction of the legal theory of competence be related to modern neuropsychological models of cognition? To address this question, we examined...