Increasing Evidence-Based Programs in Criminal and Juvenile Justice: A Report from the Front Line

For the past 5 years in the United States, there has been an increased emphasis on evidence-based programs, and, in particular, the promotion of experimental designs as the highest standard of evidence. This interest has been fueled by the Federal government's demand for accountability that links budget allocation with program performance. The National Institute of Justice, the research, development and evaluation agency within the Office of Programs in the U.S. Department of Justice is undertaking a number of efforts to improve the quality of evaluation research and address the need for evidence-based programs. These efforts have focused on making improvements upfront in the grant selection process so that well-designed evaluations will be undertaken and in the management and monitoring of ongoing evaluation research grants so that implementation and design issues can be identified and addressed. Evaluability assessments is a key strategy that NIJ is relying on increasingly to identify programs that have a high likelihood of being successfully evaluated. Whether these efforts will lead to an overall increase in the rigor of NIJ-supported evaluations remains unanswered at this time. The views expressed are those of the authors and not necessarily those of The National Academies or the National Institute of Justice.     

John Locke and the Limits of Religious Liberty: Marriage License Refusal,Religious Freedom Laws,Vaccine Refusal,Contraception Mandate Exemptions,and Ultrasound Requirements

Nearly two hundred fifty years into its existence, the American polity faces a conundrum over a core founding principle: religious liberty. Multiple debates have emerged over the extent and limits of religious liberty, including arguments over how far any one person’s religious liberty extends into the public sphere as well as into the private lives of other citizens. Highly influential on James Madison’s crafting of the First Amendment, John Locke’s Letter Concerning Toleration outlines a strong conception of both religious toleration and of religious liberty. In the “Letter,” Locke’s reasoning is sympathetic to the concerns and convictions of believers while remaining cognizant of the calamities to which religious differences can give rise. Further, he provides a robust explication of the mutually exclusive domains of ecclesiastical and civil authorities, now known more colloquially as the division of church and state. In the following article, I illustrate how the principles put forth by Locke offer guidance in adjudicating religious liberty claims in the cases of Kim Davis, religious freedom laws, vaccine refusal, contraception mandate exemptions, and ultrasound requirements.     

Indigenous Land Policies,Culture and Resistance in Latin America

Considered here are three edited collections about Latin America that address a wide variety of key rural development issues arising from landholding. The latter include not just methodological approaches (anthropology, political economy) but also questions of identity (gender, indigenous) and sustainability (the environment). Two seemingly antithetical interpretations of the impact of neoliberal project on indigenous populations are in evidence: as economically disempowering, but as politically empowering. A possible synthesis of these contrasting positions is suggested.     

Shirking and sorting in a political market with finite-lived politicians

This paper analyzes principal-agent slack in the context of a political market composed of voters, challengers, and incumbents. The introduction of a last period (via finite-livedness) in combination with voters' imperfect information about politicians' preferences causes time-varying shirking behavior on the part of politicians. Political markets eventually sort out those politicians with significantly deviant policy preferences, potentially providing a solution to the last period problem and enabling politicians to make credible commitments. In the extreme, sorting can insure that it is not worthwhile for potential shirkers to run for office. A systematic relationship between political shirking and number of terms in office may exist, and depends on how quickly sorting takes place. We show that evidence of little if any shirking is quite consistent with politicians having diverse and strongly held policy preferences. In addition, if sorting is a significant feature of political markets, cross-sectional studies will tend to oversample little- and non-shirking politicians compared to longitudinal studies. Reinterpretations of existing empirical work are also discussed.We wish to thank John Bond, Donald Deere, Gertrud Fremling, Tim Gronberg, Michael Munger, Russell Roberts, and the participants of workshops at Dartmouth College, Texas A&M University, University of Houston, University of Texas, Yale Law School, and the 1987 Public Choice Meetings for valuable discussions on earlier drafts of this paper. An earlier version of this paper was issued as working paper E-87-34 by the Hoover Institution. The views expressed here do not necessarily reflect those of the U.S. Sentencing Commission nor those of any of its Commissioners. Any remaining errors are of course our own.     

Perceptional foundations of deterrence: The case of prostitution

The authors conducted a survey to determine community perceptions about the certainty, celerity, and severity of punishment with regards to the crime of prostitution. A representative random sample of Mecklenburg County, which includes Charlotte, North Carolina, was taken and 850 individuals responded. The results revealed that (1) citizens perceive sanctions against prostitution violations as being applied only infrequently; (2) most respondents perceive the time from violation to arrest as being relatively short but slower as the offenders proceed through the system, and (3) the severity of punishment is not perceived as being harsh. The authors argue that the low likelihood of apprehension, both actual and perceived, plus the mild sanctions may partially account for prostitution’s continued survival.