Too Many Black Men: The Sentencing Judge's Dilemma

Legal reform sometimes has unanticipated, even ironic, results. A good example is federal legislation adopted in the 1980s that was supposed to enhance equity in sentencing. Congress, like many state legislatures in this period, reduced judicial control over sentencing by adopting presumptive sentencing guidelines for all serious criminal offenses and mandatory sentences for some specific crimes. Reformers did succeed in reducing judicial discretion in the sentencing process, but racial disparities have gotten much worse. Unprecedented numbers of minorities, particularly black men, are going to jail for long terms. The situation leaves trial judges in a difficult position. They are legally bound to implement a sentencing regime that many of them believe is racially discriminatory. Herbert Jacob's work on criminal trial courts provides a framework for investigating this problem. As Jacob's organizational approach predicts, judges were initially more troubled by the diminution of their powers than by the emerging pattern of increased minority incarceration. Nevertheless, some judges have criticized the racial implications of the sentencing law, protesting in various, resourceful ways. Judicial resistance to a law on moral grounds, though rare, is significant because it represents a break in the ranks of officialdom that enhances the moral credibility of critics of the current law.     

Penal harm and unusual conditions of confinement: Inmate perceptions of ‘hard time’ in jail

Despite the increasingly punitive public policies of the past three decades and the concomitant ‘get tough’ rhetoric aimed at reducing prison and jail amenities, little is known about inmates’ perceptions of punishment. Prison and jail administrators often justify their efforts to increase the “pains of imprisonment” for incarcerated offenders on the basis of retribution and deterrence, but these policies appear to be more symbolic than substantive in nature. Using interview data from 232 inmates about to be released from a large county jail renown for its ‘get tough ’ policies, this study examined inmate perceptions of their unusual conditions of confinement. Findings suggest that many of these policies were benign or even counterproductive to the extent that they promoted a defiant response from offenders.     

Forensic odontology lessons: multishooting incident at Port Arthur,Tasmania

On Sunday 28 April 1996 a lone gunman killed and injured many people at the historic penal settlement ruins at Port Arthur in South Eastern Tasmania, Australia. Thirty-two victims were shot dead and 19 were injured in a short time inside a cafe and along the roadway leading to the site entrance. The gunman then took one hostage to a nearby guest house which was occupied by a married couple. Police stood siege during the night. Early the next day the cottage began to burn and a man suspected to be the gunman eventually ran unarmed from the building with his clothes alight and was arrested. The house burned to the ground. Three bodies were later located in the burnt ruins. Forensic odontology played a role in the retrieval of evidence and identification of the incinerated victims. Lack of antemortem dental records for one victim necessitated the reliance on a single CT scan radiograph for matching with the remains. Fire scene procedures, evidence collection and other issues were reviewed. The overwhelming scale of this tragedy and its adverse effects on the Tasmanian community, especially the victims' families and survivors, cannot be overestimated. While acknowledging this, it is important that lessons are learnt from tragedies such as these. This paper is presented with a view to assisting forensic odontologists in the investigation of complex incidents.     

Prevalence of psychoactive substances in truck drivers in the Nord-Pas-de-Calais region (France)

A previous study conducted in 1995 showed that psychoactive drug use by workers was higher in safety/security workstations than in the rest of the labour force. In order to verify this finding, we conducted a new study in 2003-2004 in the Nord-Pas-de-Calais region, restricted to truck drivers. The aim of this study was to allow harmonizing the professional practice of the occupational physicians, proposing drug prevention and drug testing policies, validating the analytical methods and the guidelines in case of positive testing results. One thousand truck drivers were studied. Urines were tested for amphetamines, cannabinoids, cocaine, opiates, benzodiazepines, buprenorphine and methadone by immunoassay. Urine ethanol determinations were performed by an ADH method. Positive urines for drugs of abuse, methadone or buprenorphine were then tested by gas chromatography or liquid chromatography coupled to mass spectrometry. Out of the 1000 drivers, cannabinoids were detected in 85 cases, opiates in 41 cases, amphetamines in 3 cases and cocaine in only one case. Buprenorphine was detected in 18 cases, methadone in 5 cases and benzodiazepines in 4 cases. Urine ethanol was positive in 50 cases. We found only one case with 6-monoacetylmorphine. Other positive opiates were metabolites of antitussives. The relatively low number of benzodiazepine positive urines could be explained by the lack of sensitivity of the test we used. All these results confirm those of the previous study for cannabinoids and ethanol in safety/security workstations. Positive results for methadone and buprenorphine are eight times higher than in the general population. In conclusion, the authors think that it will be of a great interest to test urine of truck drivers for other classes of psychoactive drugs, using a liquid chromatography-mass spectrometry method.     

Responsive regulation in public‐private partnerships: Between deterrence and persuasion

Design‐Build‐Finance‐Maintain‐Operate (DBFMO) contracts are a particular type of public‐private partnership whereby governments transfer the responsibility for the design, construction, financing, maintenance, and operation of a public infrastructure or utility service building to a multi‐headed private consortium through a long‐term performance contract. These arrangements present a typical principal‐agent problem because they incorporate a “carrot and stick” approach in which the agent (consortium) has to fulfill the expectations of the principal (procurer). This article deals with a neglected aspect in the literature related to the actual use of “the sticks or sanctions” in DBFMOs and assesses to what extent and under which conditions contract managers adopt a deterrence‐based enforcement approach or switch to a persuasion‐based approach, specifically when the contract clauses require the use of (automatic) deterrence. An empirical analysis of four DBFMOs in the Netherlands shows that the continuation of service delivery, the need to build trust, and the lack of agreement on output specifications play a role in the willingness of the procurer to apply a more responsive behavior that uses persuasion, even when deterrence should be automatically applied. © 2016 John Wiley & Sons Australia, Ltd