Ruling by Favors: Prison Guards' Informal Exercise of Institutional Control

This ethnographic research addresses the control strategies employed by Norwegian guards in everyday interactions with inmates under institutional conditions in which the use of official negative sanctions is restricted. The article explains how a complicated informal system of favors develops that forms a new basis for punishment through the withdrawal of rewards. By distributing favors liberally, giving an inmate only what he is entitled to serves as a substitute for negative sanctions. Inmates are not opposing the informal system, and its effect on ensuring institutional control does not challenge the intentions of formal prison rules. Still, the informal system must be monitored and protected against overuse by inmates and must also be kept hidden from the officials making up the prison administration who oppose all departures from the official rules.     

The Pluralistic Universe of Law: Towards a Neo‐Classical Legal Pragmatism*

After a brief sketch of the history of philosophical pragmatism generally, and of legal pragmatism specifically (section 1), this paper develops a new, neo‐classical legal pragmatism: a theory of law drawing in part on Holmes, but also on ideas from the classical pragmatist tradition in philosophy. Main themes are the “pluralistic universe” of law (section 2); the evolution of legal systems (section 3); the place of logic in the law (section 4); and the relation of law and morality (section 5).     

Prison Suicides in South Australia: 1996–2010

Forty‐eight deaths occurring in prisons in South Australia were identified between January 1996 and December 2010, including 25 cases of suicide (mean age = 37 years; median age = 34 years; age range = 24–70 years). Most suicides were due to hanging (23/25; 92.0%) with victims using bedding, belts, or shoelaces attached to cell shelves, air vents, doors, or other accessible projections. There were no suicides attributed to drug overdose or sharp force injury. Over a third of all suicides (39.1%) occurred during the first month of confinement, with 26.1% of cases occurring within the first week. There was one suicide reported after 2 years of imprisonment. Given that suicide in state prisons currently occurs at a rate approximately eight times that of the general South Australian community, it appears that the subset of incarcerated individuals represents a group in need of effective preventive strategies to enable more appropriate provisions of existing prisoner resources.     

“牢头狱霸”问题与我国囚犯管理的制度选择——基于博弈论的法经济学分析

牢头狱霸现象在我国的监狱和看守所中长期存在，国家机关希望通过法律和政策对其进行打击，但这种现象却屡禁不止。对于牢头狱霸的产生原因和解决方式，相关的法律经济学分析尚属空白。本文通过非合作的完全信息静态博弈理论对新老囚犯的行为进行分析，揭示了在管制资源不足的状况下，管理者在制度选择时宁可冒着承担法律责任的风险，依然选择产生牢头狱霸制度的深层原因和动机。在此基础上，本文还进一步分析了这种非正式制度的优势和不足，并对我国的狱政管理提出相应的立法和政策建议。     

Saved By the Bell: Reclaiming Home Court Advantage for At‐Risk Youth Funneled into the School‐to‐Prison Pipeline

Far too often, minority students are faced with punitive disciplinary actions and are consequently directed to the “school‐to‐prison” pipeline. From education to discipline, implementation of policies that criminalize minor delinquent behavior pushes these students out of school and into the juvenile justice system. Traditional disciplinary actions that would land students in the principal's office have gradually transformed to students being handcuffed and thrown in jail. This Note proposes a model statute requiring states with a high criminal delinquency rate to implement school‐based youth courts in public high schools.     

Dating of Iron Gall Ink Using the Dissolution‐Diffusion Method

In many criminal and civil cases, some questioned documents are written with iron gall ink. Determining the date when an iron gall ink entry was written can be important to assess the authenticity of a document. A dissolution‐diffusion method was successfully employed to draw aging curves of iron gall ink entries stored in controlled conditions over 40 months. Calibration curves were created to indicate the relationship between the average dissolution‐diffusion rate of ink components and the age of ink entries stored under natural aging conditions. As preliminary findings of this study, the mixed solution of dimethyl formamide (DMF) and anhydrous ethanol was suitable to dissolve the dye of iron gall ink strokes made at different time. It was also determined that brands of iron gall inks, types of paper, and thickness of iron gall ink strokes had varying impacts on estimating the dates of iron gall ink strokes.     

A Practical Account of Self-Defence

I argue that any successful account of permissible self- defence must be action-guiding, or practical. It must be able to inform people’s deliberation about what they are permitted to do when faced with an apparent threat to their lives. I argue that this forces us to accept that a person can be permitted to use self-defence against Apparent Threats: characters whom a person reasonably, but mistakenly, believes threaten her life. I defend a hybrid account of self-defence that prioritises an agent’s subjective perspective. I argue that it is sufficient to render the use of defence permissible if an agent reasonably believes that (a) she is morally innocent, and (b) if she does not kill this person, then they will kill her. I argue that the correct account of self-defence must distinguish between whether an agent is permitted to inflict harm, and whether the target is liable to bear that harm.     

State‐Level Institutional Effects on Legislative Coalition Unity in Brazil

How do subnational factors affect the proclivity of legislators from the same party or coalition to vote together? We estimate the effects of two institutional forces operating at the state level—intralist electoral competition and alliance with governors—on voting unity among coalition cohorts to the Brazilian Chamber of Deputies. Larger cohorts, in which the imperative for legislators to distinguish themselves from the group is stronger, are less unified than smaller cohorts. We find no net effect of alliance with governors on cohort voting unity. Governors are not dominant brokers of legislative coalitions, a result suggesting that the net gubernatorial effect is contingent on factors that shape governors' influence relative to that of national‐level legislative actors.     

法典化背景下的应收账款质押:现实困境与未来改革

我国《物权法》创设了应收账款质押制度,以解决我国中小企业融资难的问题,但该制度在实践中却面临着来自应收帐款让与担保的制度竞争.这一制度困境实质上源自我国学界对应收账款担保融资法律性质的错误认识,进而导致《物权法》错误地规定了其成立要件和公示要件,不利于开展基于应收账款的金融创新和系统性风险控制.因此,应当按照担保性债权让与的模式、从民商分立的视角重构应收账款质押制度,解决物权法与合同法的法律冲突问题,更好地服务于我国应收账款担保融资的开展.     

A French Perspective on Culture in Prison

The article investigates cultural activities in French prisons in light of the 1986 protocol between the Ministry of Culture and the Ministry of Justice. It looks at the main stakeholders involved to understand how decisions are being made; to uncover the motivations of cultural institutions and artists to perform in prison; to highlight the main difficulties; and finally, to see how actions are being evaluated. An in-depth literature review as well as interviews with the main stakeholders have been performed. As a consequence, a comprehensive perspective is given to this rather unique configuration of culture in prison.     

Punishment within Prison: An Examination of the Influences of Prison Officials’ Decisions to Remove Sentencing Credits

Despite considerable research directed toward understanding the factors that affect punishment decision‐making leading to imprisonment, few studies have examined the influences of punishment decisions within prisons. Punishment decisions made within prisons can affect an individual's liberty during their imprisonment and/or the timing of their release from prison if the punishment results in the loss of sentencing credits or influences parole decision‐making. Moreover, if punishment disparities result from these decisions, then some offender groups may endure a greater loss of liberty relative to others. In this study, we examine the factors that influence prison officials’ decisions to remove sentencing credits in response to prison rule violations. Analysis of collected data from a Midwestern state prison system reveal that prison officials are primarily influenced by the seriousness and type of the rule violation, along with an inmate's violation history. Other relevant factors include those proximately connected to an inmate's risk of subsequent misbehavior such as gang membership and those that are linked to practical consequences and constraints associated with the organizational environment and particular inmates such as the proportion of their sentence an inmate has served and whether an inmate has mental health problems.     

Cognitive‐behavioural treatment for imprisoned offenders: An evaluation of HM Prison Service's cognitive skills programmes

Purpose. The effectiveness of prison‐based cognitive‐behavioural treatment programmes was evaluated using reconviction as the outcome measure. Method. Reconviction rates were compared between two groups of adult male offenders who were serving a custodial sentence of 2 years or more in Her Majesty's Prison Service, England and Wales. The treatment group (N =667) consisted of offenders who had voluntarily participated in one of two treatment programmes that targeted 'cognitive deficits' related to offending behaviour. The comparison group (N =1,801) was made up of offenders who had not participated in the treatment programme but were “matched” to the treatment group on a number of empirically relevant variables. Results. Treatment produced a robust reduction in the probability of reconviction (p < .001) when other relevant variables were controlled for. For treated offenders, the percentage point reduction in reconviction was 14% in medium‐lowrisk offenders and 11% in medium‐high‐risk offenders. Conclusion. These outcome results demonstrate that the principles of effective practice in the field of offender rehabilitation, which were identified through meta‐analytical research predominately in North America, can be applied to a UK offender population to similar effect.     

Of Race,Prison, and Perception: Seeking to Account for Racially Divergent Views on the Relative Severity of Sanctions

Several studies have found that offenders do not always perceive prison to be a harsher sanction than community-based punishments. Moreover, the literature shows that white offenders tend to estimate prison to be relatively more severe than do black offenders. The present study develops and tests eight possible explanations for the observed racial gap in perceptions. Relying on survey data from inmates in a large urban jail to establish sentencing preferences for black and white inmates, multivariate analyses show that the racial gap was attenuated but not eliminated by the explanations. This persistent racial difference in opinions of sanction severity is consistent with differential perceptions of criminal justice system fairness and merits additional research. The race gap has implications for theories on the effects of incarceration as well as sentencing practice.     

The Transposition of EU Law: ‘Post‐Decisional Politics’ and Institutional Autonomy

The transposition of European Union (EU) law into national law is a significant part of the EU policy process. However, political scientists have not devoted to it the attention that it deserves. Here, transposition is construed as part of the wider process of policy implementation. Drawing on implementation theory from the field of public policy, the article outlines three sets of factors (institutional, political, and substantive) that affect transposition. Second, the article examines the manner in which eight member states transpose EU legislation, and identifies a European style of transposition. An institutionalist approach is employed to argue that this style is not the result of a process of convergence. Rather, it stems from the capacity of institutions to adapt to novel situations by means of their own standard operating procedures and institutional repertoires. It concludes by highlighting (a) the partial nature of efforts at EU level to improve transposition, themselves impaired by the politics of the policy process and (b) some ideas regarding future research.