Political Neutrality and Punishment

This paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a proper understanding of both liberalism and retributive punishment allows us to dissolve some of the tensions whilst also bringing each position into sharper relief. The paper begins by introducing the liberal position and outlining the apparent tensions that may arise with retributive punishment. In so doing, there is also a brief discussion of how this debate relates to the more familiar dispute between legal moralists and their opponents. The paper then proceeds by considering each of the areas of tension in turn.     

T-Test for Terrorism: Did the Introduction of Proportional Representation Reduce the Terrorist Threat? A Time-Series Case Study of Algeria and Northern Ireland

Can electoral reform lead to a reduction in the number of terrorist incidents? Economists have shown that the introduction of constitutional institutions such as courts in the early eighteenth century had a direct effect on investment. Could there be a similar link between the introduction of proportional representation (PR) electoral systems and a reduction in the number of terrorist attacks? Previous studies using cross-sectional data have found a negative correlation between the presence of PR-electoral systems and the number of terrorist incidents. However, earlier studies were based on aggregate figures, not on time-series data. They did not provide a direction that could be used to measure the possible effect of the introduction of PR. This research note addresses this problem. Using a paired samples t-test it is possible to show that the introduction of proportional representation in Northern Ireland and Algeria led to a marked reduction in the number of terrorist attacks. The note thus adds strength to earlier studies.     

Alachua free‐net: Looking for the First Amendment at one outpost on the information highway*

Many communities are developing civic computer networks to provide citizens with free access to local information resources and the Internet. However, most networks restrict both commercial speech and any language deemed “objectionable.”; Whether such broad discretionary power violates the First Amendment depends on whether the networks are state actors. An examination of one such network, Alachua Free‐Net, reveals a close symbiotic relationship between the network and several local government entities. Symbiotic relationships between the state and a private party in other contexts have been held by the courts to constitute state action. Thus, Alachua Free‐Net appears to be a state actor and must conform its speech restrictions to the requirements of the First Amendment. Moreover, whether state actors or not, civic computer networks such as Alachua Free‐Net should commit themselves to providing full First Amendment freedoms to their users.     

The Severe 5%: A Latent Class Analysis of the Externalizing Behavior Spectrum in the United States

Objective

Criminological research consistently demonstrates that approximately 5% of study populations are comprised of pathological offenders who account for a preponderance of antisocial behavior and violent crime. Unfortunately, there have been no nationally representative epidemiological studies characterizing the severe 5% group.

Materials and Methods

Data from the 2001-2002 National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a nationally representative sample of 43,093 non-institutionalized U.S. residents aged 18 years and older were analyzed using latent class analysis to assess sociodemographic, psychiatric, and behavioral characteristics.

Results

Four-classes of respondents were identified vis-à-vis lifetime externalizing behaviors. A normative class (66.1% of respondents) demonstrated little involvement in antisocial conduct. A low substance use/high antisocial behavior class (20.7% of respondents) and high substance use/moderate antisocial behavior (8.0% of respondents) class evinced diverse externalizing and psychiatric symptoms. Finally, a severe class (5.3% of respondents) was characterized by pathological involvement in more varied and intensive forms of antisocial and externalizing behaviors and extensive psychiatric disturbance.

Conclusions

The current study is the first nationally representative epidemiological study of criminal careers/externalizing behavior spectrum in the United States and validates the existence of the 5% pathological group demonstrated by prior research.     

Forensic identification science evidence since Daubert: Part I--A quantitative analysis of the exclusion of forensic identification science evidence

The U.S. Supreme Court decisions in Daubert v. Merrell Dow Pharmaceuticals Inc. and Kumho Tire Co. Ltd. v. Carmichael transformed the way scientific expert evidence was reviewed in courts across the United States. To gauge the impact of these rulings on the admission of forensic identification evidence, the authors analyzed 548 judicial opinions from cases where admission of such evidence was challenged. Eighty-one cases (15%) involved exclusion or limitation of identification evidence, with 50 (65.7%) of these failing to meet the "reliability" threshold. This was largely because of a failure to demonstrate a sufficient scientific foundation for either the technique (27 cases) or the expert's conclusions (17 cases). The incidence of exclusion/limitation because of a lack of demonstrable reliability suggests that there is a continuing need for the forensic sciences to pursue research validating their underlying theories and techniques of identification to ensure their continued acceptance by the courts.     

Use of forensic investigations in anti-doping

The fight against doping is mainly focused on direct detection, using analytical methods for the detection of doping agents in biological samples. However, the World Anti-Doping Code also defines doping as possession, administration or attempted administration of prohibited substances or methods, trafficking or attempted trafficking in any prohibited substance or methods. As these issues correspond to criminal investigation, a forensic approach can help assessing potential violation of these rules. In the context of a rowing competition, genetic analyses were conducted on biological samples collected in infusion apparatus, bags and tubing in order to obtain DNA profiles. As no database of athletes' DNA profiles was available, the use of information from the location detection as well as contextual information were key to determine a population of suspected athletes and to obtain reference DNA profiles for comparison. Analysis of samples from infusion systems provided 8 different DNA profiles. The comparison between these profiles and 8 reference profiles from suspected athletes could not be distinguished. This case-study is one of the first where a forensic approach was applied for anti-doping purposes. Based on this investigation, the International Rowing Federation authorities decided to ban not only the incriminated athletes, but also the coaches and officials for 2 years.     

The (Il)logics of Federal Budgeting,and Why Crisis Must Come

The U.S. federal budgeting system faces severe challenges in coming years. Deficits are being recorded at levels and with regularity not seen in prior periods. This article suggests that such problems reflect the uncomfortable mix of logics informing budgetary and political institutions—that is, the rules of the game. Logics make it appropriate to expect that government be limited in its tax demands but simultaneously responsive in providing expensive services necessary for the achievement of the American dream, for example. Crisis is needed to allow the emergence of institutional forms that mediate between these conflicting logics.