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.     

Privacy,trust and policy-making: Challenges and responses

The authors contend that the emerging ubiquitous Information Society (aka ambient intelligence, pervasive computing, ubiquitous networking and so on) will raise many privacy and trust issues that are context dependent. These issues will pose many challenges for policy-makers and stakeholders because people's notions of privacy and trust are different and shifting. People's attitudes towards privacy and protecting their personal data can vary significantly according to differing circumstances. In addition, notions of privacy and trust are changing over time. The authors provide numerous examples of the challenges facing policy-makers and identify some possible responses, but they see a need for improvements in the policy-making process in order to deal more effectively with varying contexts. They also identify some useful policy-making tools. They conclude that the broad brush policies of the past are not likely to be adequate to deal with the new challenges and that we are probably entering an era that will require development of “micro-policies”. While the new technologies will pose many challenges, perhaps the biggest challenge of all will be to ensure coherence of these micro-policies.     

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.     

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.     

试论立法听证的论辩性—─以重庆市立法听证为例

我国地方人大立法与西方议会立法不同,基本上是抽象行为的立法,其立法听证的核心和灵魂在于论辩性。论辩性也是我国立法听证区别于座谈会、论证会等其他传统的立法民主形式的主要特点。提高立法听证会论辩性要从听证议题的可辩性、双方陈述人的人数、陈述能力,以及陈述的时间、机会的对等性等方面来保障。     

Committees and Legislative Strengthening: The Growing Influence of Committees in Ukraine's Legislative Process

The Ukrainian legislature is in the process of transforming from a ‘rubber stamp’ institution of the Soviet type into an ‘institution that matters’ in a new democratic state. The practice of democratic institution building in the post-Soviet countries presents multiple examples of powerful executives who gained dominance in legislative processes. What path has Ukraine taken and what can explain its specific characteristics? This article charts the growth of committees here as a marker of legislative institutionalisation in Ukraine. The study finds that Ukrainian legislative committees defy prevalent regional trends and, contrary to expectations, have asserted independent roles. It then discusses factors that may account for this unique regional development – the role of a dual executive structure and the Ukraine party system.     

Cyber-insurance in EU policy-making: Regulatory options,the market's challenges and the US example

Over the last decades digital technologies have penetrated our daily lives affecting all aspects of our societal and economic activities. Even though the benefits of relying on information systems to run everyday tasks, organise one's business, interact with each other or enjoy public services are undisputable, the increasing use of digital technologies comes with a price: the growing exposure to cyber risks. This new type of threat has been in the center of the EU agenda for over 15 years during which a solid legislative framework for the protection S of network and information systems against cyber incidents has been developed. However, security and resilience of infrastructures and networks is one parameter of the challenge. Dealing with the financial risk emerging from a cyber incident, is another, equally important one. The need to mitigate these risks led to the emergence of a new insurance market, the cyber insurance market. Despite though the constantly growing demand for this type of insurance coverage, the market is still under development. The fast-evolving nature of cyber threats, the lack of a common language as regards risks, losses and coverages and the lack of historical data on cyber incidents are listed among the factors that slow down the market's growth. Currently, all involved stakeholders in the insurance field are considering specific initiatives that would accelerate the process of turning the EU market more competitive and efficient against its many challenges. The example of the US cyber insurance market, with its shortcomings and know-how, could also contribute to this effort, as an example of a market that has been intensively facing these challenges for almost twenty years.     

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。     

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.     

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.     

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.     

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.