Supreme auditing institutions: A politico-economic analysis

While the beneficial aspects of a public accounting office's activity are not disputed here, it is argued in this article that four major distortions are produced: the concern with administrative rationality overlooks costs elsewhere (Section 2); budgetary aspects are overvalued compared to other issues (Section 3); incentives-oriented behavior is suppressed (Section 4); and the evaluation is biased by concentrating on minor, instead of major, aspects of inefficiency (Section 5). Section 6 considers alternatives to public accounting offices and makes some suggestions for new institutional arrangements particularly for constitutional rules.     

The penology of racial innocence: the erasure of racism in the study and practice of punishment

In post–civil rights America, the ascendance of “law-and-order” politics and “postracial” ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is innocent of racial power until proven otherwise. Countervailing sociolegal changes render this framework particularly problematic. On the one hand, the definition of racism has contracted in antidiscrimination law and in many social scientific studies of criminal justice, so that racism is defined narrowly as intentional and causally discrete harm. On the other hand, criminal justice institutions have expanded to affect historically unprecedented numbers of people of color, with penal policies broadening in ways that render the identification of racial intent and causation especially difficult. Analyses employing the penology of racial innocence examine the ever-expanding criminal justice system with limited definitions of racism, ultimately contributing to the erasure of racial power. Both racism and criminal justice operate in systemic and serpentine ways; our conceptual tools and methods, therefore, need to be equally systemic and capacious.     

Game of courts: A tale of principles and institutions

The ontological, terminological and conceptual confusion that surrounds the concept of ‘general principles of European Union law’ is far from being resolved. The constitutional interlocutors—the Court of Justice of the European Union and the highest courts in Member States—have at times fiercely argued about their different understanding of general principles, whereas European legal scholarship has failed to convincingly clarify the intricacies surrounding this source of law. Instead of engaging with a more abstract, theoretical question of what general principles are, this paper reflects on the practical, functionalist question: how are they used by the Court of Justice and what are some of their functions and implications? To do so, it enquires into contextual, institutional and strategic features of the Court's behaviour and jurisprudence and responses of the highest national judiciaries to this jurisprudence. The aim is to offer an alternative account of the Court's jurisprudence on general principles.     

Anti-money laundering by international institutions: a preliminary assessment

This paper presents an evaluation of the Anti-Money Laundering and Combating Financing of Terrorism (AML/CFT) program. It briefly discusses why this can be seen as the birth of a “regime for financial integrity”. We find that some areas of the AML/CFT framework are consistently weaker than others in the area of prevention measures. Specifically, we have two findings: the first, positive one, points to a substantial adequacy of the repressive measures; the second, negative one, points to a substantial failure of countries to adopt adequate preventive measures, and calls for renewed efforts to improve implementation of preventive measures across the board, with specific regard to the activity of financial sector regulatory and supervisory authorities. Also, Eurozone countries outperform all other groups in the sample. Finally, the limited availability of country information and the multiplicity of assessors and methodologies make it difficult to evaluate the performance of the program. Therefore, we suggest greater transparency and availability of detailed countries’ information, and follow up assessments of the weak areas of a country’s AML/CFT framework at higher frequency than the established 5 years.

A comparative evaluation of a new generation jail

This study reports findings from an evaluation of a new generation jail in a large southwestern state. The jail is one component of a complex containing a traditional jail, an indirect supervision facility (barracks), and the new generation jail. Using survey and operational data, we compare the new generation jail to the other two facilities. The findings provide generally positive support for the effectiveness of the new generation jail. Inmates and staff were much more satisfied with the physical facilities. Staff perceived it as more secure, though they reported only limited advantages in safety and security. Violence and disciplinary problems were substantially lower. However, no savings in staffing levels were noted, nor were there differences in job satisfaction for staff in the new generation jail. We discuss the implications of the findings and suggest additional directions for jail evaluations.     

Educating towards ethical lawyers: a progress report

In 2010 in a conference paper on legal education and ethics, we addressed the proposition that exempting degrees offer a unique opportunity to inculcate students with the importance of ethical considerations throughout their legal education, incorporating such considerations in an integrated academic and vocational context. The paper included a detailed analysis of the practicalities of incorporating professional legal ethics into the undergraduate exempting law degree at Northumbria University. Since 2010, there has been relatively little written from a UK perspective on incorporating teaching of legal ethics at the undergraduate stage. Here we review our progress made towards achieving that goal. The article reveals that the results have been limited; we explore the reasons for this, and consider what alternative course(s) might have been followed. As such, our experiences may offer guidance for those intending to engage with the Legal Education and Training Review (LETR) recommendations to incorporate some consideration of ethics into legal education.     

Adolescent attitudes towards the police: A new generation

The attitudes toward the police (ATP) of a group of young inner city adolescents were investigated within the context of a program designed to teach dispute resolution skills and promote a dialogue with local police. ATP were measured using a 23 item questionnaire. The results indicated that while ATP were generally positive, girls held more positive ATP than boys and adolescents who reported negative experiences with the police had less favorable ATP. A confirmatory factor analysis of the questionnaire yielded three factors; attitudes toward police behavior, attitudes toward interaction with the police, and attitudes toward interaction with other adults. The results are in general agreement with earlier studies with other populations and have implications for programs designed to improve adolescent relationships with the police. Authors' Note: David E. Brandt and Keith A. Markus, Department of Psychology. We would like to thank Professor Maria Volpe, director of the Dispute Resolution Program at John Jay College of Criminal Justice, and Ms. Marjorie Cohen, Executive Director of the Westside Crime Prevention Program, for their invaluable assistance in the collection of the data used in this study.     

Mental health and corrections: towards a working partnership

This paper describes the development of mental health services to the courts and correction facilities in the City of New York. The origins, structure, and functions of the interagency New York City Task Force on Prison Mental Health Services are explained. The Task Force's role in the development, promulgation, and implementation of the Minimum Standards for Mental Health Services in New York City Correctional Facilities are outlined. These standards, enacted by the New York City Board of Correction, are described and discussed.     

Violence and abuse in psychiatric in-patient institutions: a South African perspective

Institutionalisation of psychiatric patients was a prevalent treatment approach in the apartheid era of South Africa. Allegations of violence and abuse towards patients frequently arose during this time. The post-apartheid Department of Health prioritised improvements in mental health care by recommending, inter alia, deinstitutionalisation and reintegration of patients into the community. Ten years later, these interventions have proved difficult to institute and many patients are still hospitalised. The present study investigated whether currently hospitalised patients continued to experienced violence and abuse. This was an exploratory naturalistic study in which both qualitative and quantitative data were collected. Of the 127 who completed the study, more than 50% reported experiences of abuse. The main perpetrators were other patients, although violence by staff was reported. Reasons for the tardiness of implementation of deinstitutionalisation and the prevalence of ongoing violence and abuse in psychiatric hospitals are complex. Factors inherited from the pre-democratic system coupled with increased urban violence and financial constraints appear to be some of the major causes of ongoing dependency upon hospitalisation of mental health care users. The present study highlighted the urgency of implementing mental health care improvements.     

Psychodiagnostic testing of sex offenders: a comparative study

Two groups of offenders, one charged with sex crimes as well as with crimes of larceny, and the other charged with sex crimes only, are compared with respect to their demographic characteristics and their intelligence and diagnostic classification as determined via psychological testing.