The sentencing reform act of 1984: A bold approach to the unwarranted sentencing disparity problem

Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.     

Reassessing the Effect of Economic Growth on Well-being in Less-developed Countries, 1980–2003

Development debates have been greatly influenced by the growth consensus: the conventional wisdom that economic growth should be the primary priority for less-developed countries (LDCs) because it most effectively improves the well-being of the world’s poor. We compare the impact of growth to other independent variables in an unbalanced panel analysis of up to 109 LDCs and 580 observations across six time points (1980, 1985, 1990, 1995, 2000, and 2003). Our dependent variables include caloric consumption, infant survival probability, one-to-five year survival probability, female life expectancy, and male life expectancy. First, we find that gross domestic product (GDP) has significant positive effects on caloric consumption, female life expectancy, and male life expectancy. Second, GDP does not have robust effects on infant and one-to-five survival probabilities. Third, fertility, urbanization, and secondary school enrollment have larger effects than GDP in the majority of models. The more powerful effects of fertility, urbanization, and secondary schooling cannot simply be attributed to an indirect effect of GDP. Fourth, we find that dependency variables do not have robust significant effects. Fifth, over time, GDP has become much less effective at improving caloric consumption and infant and one-to-five survival. We infer that there are serious limitations to concentrating exclusively on economic growth to improve well-being in LDCs.     

Spatial variation of refractive index in a pane of float glass.

In the statistical interpretation of forensic glass evidence it is standard practice to make the assumption of homogeneity of the refractive index (RI) of the source glass, or of localized homogeneity. However, the work of Locke and Hayes showed that, for toughened windscreen glass, this assumption might not be true. This work is well cited, but there appears to have been little follow-on published research. Furthermore, the toughening process is something known to affect the refractive index, and is a process that float glass does not undergo. Float glass is a major component of casework in New Zealand and for that reason it would be interesting to know whether the findings of Locke and Hayes apply when dealing with float glass. In this paper we describe an experiment similar to that of Locke and Hayes, systematically examining the variation of RI in a pane of float window glass. It was found that, although there were no systematic differences in refractive index, there were observable differences across the pane.     

Refocusing the lens: Drinking water success in First Nations in Ontario

This article examines the definition of success in First Nations drinking water service as voiced by the First Nations technical community of practice. The research explores success stories to identify success themes and factors to formulate a workable definition for policy‐makers. Researchers interviewed sixteen technical practitioners in Ontario using a semi‐structured approach. Data analysis revealed a definition of success that extends beyond the technical boundary to include professional growth, employment, local action and a facilitating policy environment. This comprehensive definition provides a basis for policy and program considerations to increase First Nations buy‐in and foster a constructive environment for drinking water improvements.     

The CSI Effect and the impact of DNA evidence on mock jurors and jury deliberations

ABSTRACT

The present research examined the CSI Effect and the impact of DNA evidence on mock jurors and jury deliberations using a 3 (Crime Drama Viewing: low, moderate, high)?×?3 (Evidence: DNA innocent, DNA guilty, no DNA control) design. A sample of 178 jury-eligible college students read a case of breaking and entering. Pre-deliberation, some support for a CSI Effect was found with high viewers’ extent of guilt ratings significantly lower than moderate and low viewers’ in the no DNA control and the DNA innocent conditions. This effect was not present for verdicts. Contrary to a CSI Effect, crime drama viewing was not related to guilt judgments with incriminating DNA evidence. A content analysis of comments made during deliberations found little support for the CSI Effect entering the jury room. Specifically, CSI Effect predictions were not supported when examining the discussion of DNA evidence, expressing DNA opinions, or mentioning missing evidence. Overall, the limited CSI Effect found for individuals was attenuated during deliberation. The alarm raised over a possible CSI Effect influencing jury decision making may be unwarranted.     

Calling Out the Persistence of Racism

In this issue New Political Science begins a new tradition, printing an extended review essay of the book that received the Michael Harrington Book Award at the most recent American Political Science Association Meeting. The Michael Harrington Award is given for an outstanding book that demonstrates how scholarships can be used in the struggle for a better world. In 2011, the award went to Michelle Alexander for her book The New Jim Crow: Mass Incarceration in an Age of Color-Blindness. Sanford Schram, a member of the award committee, has contributed the below review.     

Favorites and underdogs: Strategic behavior in an experimental contest

Conflicts between favorites and underdogs are everyday phenomena. We examine their strategic behavior in an experimental contest, and find behavior partially consistent with predictions. Favorites given a first-mover advantage do overcommit effort relative to Nash. Underdogs often select the best response effort level given the favorite's move. Overall dissipation of the prize was significantly higher with the strategic commitment relative to Nash. qu]Life is not so mathematically idiotic that it allows only the big to eat the small, for it happens just as often that the bee kills the lion, or at least drives it mad.