Criminal justice theory: A case of trained incapacity?

Theories are scientific tools which give meaning to the social and physical reality that scientists study. They also play a crucial role in generating and storing the information of a discipline. The academic field of criminal justice has a wealth of facts but a dearth of theory. As a result, this field is still only partially developed. This article is a call for greater attention to theory so that the analysis of the criminal justice system and its components can be more fruitful.A survey of 25 criminal justice textbooks published since 1975 shows that the analysis of criminal justice retains a facts-without-theory flavor. For criminal justice as an academic field of study to grow, theory must be integrated much more into criminal justice research and education than has been the case. The theoretical frameworks of such social theorists as Durkheim, Marx, and Weber, among others, are suggested as sources to draw upon to develop an integrated comprehensive theory of the criminal justice system.     

Hidden corporate profits in the U.S. prison system: the unorthodox policy-making of the American Legislative Exchange Council

Using a leaked document trove containing 800 model bills, we analyze the American Legislative Exchange Council’s (ALEC) hidden corporate profit making in the prison–industrial complex. We find that ALEC seeks to expand the private prison industry in three ways: (1) promoting greater use of private prisons, goods, and services, (2) promoting greater use of prison labor, and (3) increasing the size of the prison population. ALEC’s efforts to increase the prison population by expanding definitions of existing crime, creating new crimes, enhancing enforcement of existing crimes, amending the trial process to increase the likelihood of incarceration, and lengthening prison sentences for crimes pose a threat to civil liberties. ALEC’s unorthodox policy approach exemplifies John Gaventa’s theory that powerful interests maintain their power by creating conditions in which citizens are not able to identify and advocate on behalf of their interests.     

Signaling in international environmental agreements: the case of early and delayed action

This paper presents a stylized international environmental agreements game with two regions differing in their preference for environmental quality. If side payments are allowed, cooperation can increase the payoffs accruing to both regions. However, cooperation can be impeded by asymmetric information about the regions’ types and only become feasible once a region has credibly revealed its type. We show how in a two-stage game early (delayed) action can act as a credible signal to reveal private information on high (low) benefits. Yet, the cooperative solution with asymmetric information is Pareto-dominated by the outcome with perfect information.     

Green crime and the role of environmental courts

Environmental issues continue to capture international headlines and remain the subject of intense intellectual, political and public debate. As a result, environmental law is widely recognised as the fastest growing area of international jurisprudence. This, combined with the rapid expansion of environmental agreements and policies, has created a burgeoning landscape of administrative, regulatory and judicial regimes. Emerging from these developments are increases in environmental offences, and more recently environmental crimes. The judicial processing of environmental or ‘green’ crimes is rapidly developing across many jurisdictions. Since 1979, Australia has played a lead role in criminal justice processing of environment offences through the New South Wales Land and Environment Court (NSW LEC). This article draws on case data, observations and interviews with court personnel, to examine the ways in which environmental justice is now administered through the existing court structures, and how it has changed since the Court’s inception.     

危险驾驶罪的立法理念与立法完善探讨

刑法修正案（八）首次将＂醉驾＂、＂飙车＂行为以危险驾驶罪入刑。鉴于民众甚至司法人员对该罪的认识上和操作中均存在不少亟待澄清和回应的问题,诸如该罪立法理念上与刑法谦抑性是否存在着矛盾和冲突？如何认识和处理该罪中＂罪过倒挂＂问题？如何理解和适用该罪的追诉时效问题？如何看待和处理该罪的行为方式过窄的问题？通过对以上诸问题进行阐释进而提出了完善相关立法的构想及其路径。     

论经济特区立法权和立法体制的完善

<立法法>的颁布实施为解决现存问题提供了一些法律依据,同时又出现一些新的问题,急需在理论上加以探讨和澄清,才能完善经济特区的立法权和立法体制.     

Federal antitrust policy and physician discontent: defining moments in the struggle for congressional relief

Organized medicine has battled the Federal Trade Commission (FTC) since the 1970s over enforcement of the antitrust laws. Physicians' discontent stems from the belief that federal policy allows managed care organizations to achieve dominance in health care markets just as it discourages physicians from taking collective action to protect their interests. This article examines two important efforts by organized medicine over a twenty-year interval to alter federal antitrust policy. In 1982, physicians and other professionals sought a special exemption from FTC jurisdiction; beginning in 1998, physicians promoted legislation that would exempt independent practitioners from the antitrust laws for collective bargaining purposes. Both initiatives passed in the House of Representatives but failed in the Senate. This article uses an advocacy coalition framework to reinterpret the events and to assess the reasons for legislative failure. The evidence suggests that in both instances, although twenty years apart, consumer groups and federal bureaucrats determined the outcome in favor of corporate medicine.     

Public opinion regarding congressional leaders: Lessons from the 1996 elections

Using data from a 1996 pre-election survey, the causes and consequences of public approval of Republican congressional leaders in the 1990s are examined. Specifically, this article explores the extent of opinion formation regarding House Speaker Newt Gingrich and Senate Majority Leader Trent Lott, and then attempts to account for the sources of these attitudes using multivariate models. Comparing and contrasting these findings as appropriate with what is known regarding public attitudes toward other political entities, the article reveals in particular that economic evaluations work differently for congressional leaders than for either the president or Congress as an institution. In a second section, the electoral ramifications of public attitudes toward Speaker Gingrich in the1996 elections are examined, determining that even in the presence of a host of powerful controls public evaluations of the speaker exercised a significant influence on respondents' vote choice, not just in congressional races also far down-ticket, a finding that supports a party-oriented model of legislative organisation. The paper concludes with some thoughts on the ability of these results to be generalised.     

Political Environments and Implementation Failures: The Case of Superfund Enforcement*

The Environmental Protection Agency's Superfund enforcement program is examined to test the hypothesis that change in the political environment contributes to implementation failure. Agency achievements are evaluated under two enforcement strategies: a Burford strategy dominated by the Reagan administration deregulatory agenda and a Ruckelshaus/Thomas strategy that is more in keeping with the Agency's initial pro-regulatory legislative mandate. The latter strategy is found to be more effective in terms of quantitative and qualitative enforcement outcome measures. This supports the conclusion that the systematic intrusion of deregulatory politics into enforcement strategy formulation contributed to Superfund failure.     

Linking EU climate and energy policies: policy-making,implementation and reform

This contribution examines the EU’s innovative climate and energy package: how this package of binding policies has been initiated, decided, implemented and reformed. The key argument is that linking climate and energy concerns can help to explain how the EU managed to adopt an ambitious package of policies aimed at achieving 2020 goals. The combination of differently valued issues, side payments to overcome distributional obstacles and the creation of synergies contributed to a successfully negotiated outcome. The consequences for implementation and further policy development towards 2030 are explained by challenges in reproducing these joint EU-level gains at national level and by new circumstances. This may weaken the EU’s chances of realizing a low-carbon economy and ‘leadership by example’ in international climate policy.     

An analysis of congressional health policy voting in the 1970s

This paper analyzes nine health policy votes in the U.S. House of Representatives. The votes all occurred between 1973 and 1980 and include such issues as health planning, health maintenance organizations, cost containment, and professional standards review organizations. The objective of this analysis is to examine the independent contribution of variables indigenous to health issues while controlling for party identification and ideology. The influence of health providers, measured by the effect of the number of state medical association members in each state, is significant in the findings. The state and local share of Medicaid expenses is also significant in explaining several votes. Contributions from political action committees were not important until 1979, when the rising costs of campaigns gave them more influence, and when our measures of their influence improved. By the time Congress voted in 1979 on hospital cost containment legislation, the PAC variable surpassed even the AMA variable in importance.     

Environmental policy integration among multilateral environmental agreements: the case of biodiversity

The system of multilateral environmental agreements (MEAs) comprises hundreds of conventions and protocols designed to protect the environment. Institutional interaction within the MEA system raises issues of environmental policy integration (EPI), i.e. balancing different environmental objectives and considerations. Mainstream proposals for enhancing EPI in environmental governance build upon the assumption that environmental institutions are fragmented. However, recent research reveals that the MEA system has been defragmenting over the years such that EPI is less a problem of institutional fragmentation than of effective management of institutional interplay. This paper examines the factors affecting EPI among MEAs by looking at experiences in the cluster of biodiversity-related multilateral agreements. The analysis is based on a series of interviews with MEA secretariat officials and international experts conducted between September 2011 and January 2012. The paper identifies institutional, political and cognitive barriers constraining interplay management efforts. While some have proposed regulatory changes in the cluster, national-level co-ordination appears to be the best way to advance EPI.     

立法权去中心化与立法模式转变

立法权本应属于人民全体,只是交由代议机关行使,但是立法权的所有与行使的分离使其有被滥用的可能,由此导致立法权在行使时出现趋中心化:立法权绝对化、非理性化、将立法权而不是公民作为立法过程的核心。因此,应着力实现立法权的去中心化,实现立法权行使范围和方式的变革。立法模式应该实现由单一政府立法到政府立法与社会立法相结合的转变,更多地发挥公众、社会团体和专家的实质性作用。     

Congress, health care, and congressional caucuses: an examination of the Diabetes Caucus

Caucuses have become a critical feature of the congressional landscape, yet are neglected in the literature on health-policy making in Congress. The principal goal of the article is to use the Diabetes Caucus as a case study to highlight this significant yet underappreciated political actor in the health-policy realm in Congress. The exploration, which draws on information gathered from thirty-two interviews with members of the Diabetes Caucus and their staff, will contribute to an increased understanding of both Congress's operations in the health area and the potential impact of caucuses on health-policy making. The article emphasizes particular characteristics relating to the membership and objectives of the Diabetes Caucus. In addition, the study stresses that the group had the requisite political momentum to achieve legislative successes when a policy window opened in the 105th Congress because it served much like, in the terminology of John Kingdon, a "policy entrepreneur".