How Large Should the Strike Zone Be in “Three Strikes and You're Out” Sentencing Laws?

So-called three strikes and you're out sentencing laws for criminal offenders have proliferated in the United States. The laws vary considerably in their definitions of what constitutes a strike. This paper adapts the classic Poisson process model of criminal offending to investigate how varying sentence lengths and definitions of what constitutes a strike affect the effectiveness and cost-effectiveness of these sentencing laws. In particular, it asks whether, by using different definitions for the first, second, and third strikes or different sentence lengths, one can make the resulting incarceration more efficient in the sense of incapacitating more crimes per cell-year served.     

Selective Incapacitation Revisited

The term incapacitation is an important criminological concept that implies that the offender's capacity to commit new crimes is to be concretely obstructed or reduced through confinement. The purpose of selective incapacitation is to select those particularly prone to violence and to incapacitate them. The paper presents a critical analysis of the risk prediction enterprise. The paper addresses the accuracy of prediction, the ethics of prediction, and in particular the research culture within which research on prediction occurs.     

Interviewing Preschoolers: Comparisons Of Yes/No and Wh- Questions

This study investigated the influence of question format on preschool-aged children's errors, their response accuracy, and their tendency to say I don't know when given non-misleading questions in a neutral, unbiased context. Children (3 to 5 years old) participated in a craft-making session that included a staged accident with two experimenters differing in gender and appearance; the environment also had several distinctive features. One week later children were interviewed about actions, participants, and environment; questions were yes/no format with the veridical response yes (yes questions), yes/no format with the veridical response no (no questions), and specific wh- format questions. Question format substantially influenced children's responses: they were most likely to make errors if asked no questions, and were unlikely to answer either yes/no question with I don't know. In contrast, children spontaneously and frequently said I don't know to wh- questions about content they did not recall (environment), but not about content that was well recalled (actions). Implications of question format for reliability of eyewitness testimony by preschoolers are discussed.     

Juror decision making in the capital penalty trial

Two factors thought to influence jurors' penalty decisions in capital trials—the nature of the crime committed and the defense's portrayal of the convicted offender's character—were examined. Mock jurors were death-qualified and exposed to one of twelve simulated penalty trials. Each trial was comprised of one of three capital crimes and one of four defense strategies. Jurors were least punitive in robbery-murder conditions and most punitive in multiple murder conditions. A conceptual argument against capital punishment was the most effective defense; a mental illness defense was the least effective. Penalty decisions were mediated by three attributional variables: (a) juror perceptions of the defendant's volition, (b) juror perceptions of the defendant's future dangerousness, and (c) juror perceptions of the relative competency of the opposing attorneys.This article is based on the author's dissertation which received an Honorable Mention in the 1985 SPSSI Dissertation Prize competition. The research was made possible by grants from the University of California, Santa Cruz and Division 41 of the American Psychological Association. The author is indebted to Craig Haney, Elliot Aronson, and Dane Archer for their valuable suggestions and support.     

Comparing the Social Service Utilization, Exposure to Violence, and Trauma Symptomology of Domestic Violence Female “Victims” and Female “Batterers”

Although some authors have suggested that women batterers may really be self-defending victims, to date, no research has been initiated to empirically support this assertion. This paper describes the design and outcomes of a research project that investigated the similarities and differences between women adjudicated as domestic violence batterers and women identified as domestic violence victims. Findings indicated group similarities in the areas of exposure to violence and social service utilization. Although both groups reported high levels of trauma symptomology, victim scores were significantly higher.     

Social justice and legal justice

The main aim of this paper is to challenge the validity of the distinction between legal justice and social justice. It is argued that what we usually call legal justice is either an application of the more fundamental notion of social justice to legal rules and decisions or is not a matter of justice at all. In other words, the only correct uses of the notion of legal justice are derivative from the notion of social justice and, hence, the alleged conflicts between criteria of social and legal justice result from the confusion about the proper relationship between these two concepts. Two views about the social justice/legal justice dichotomy are of particular importance and will provide the focus for the argument: this dichotomy is sometimes identified with a classical distinction between distributive and commutative justice and sometimes with the distinction between substantive and procedural justice.     

Terrorism and the law: Historical contexts, contemporary dilemmas, and the end(s) of democracy

Recent proposals by the G7 (and Russia) to clamp down on terrorists and terrorism do not define that which is prohibited. Instead, a threat is communicated which in turn allows, among other things, greater attention to be paid officially to camouflage charities and terrorist use of the Internet. Nevertheless, it is somewhat of a truism to note that terrorist violence is ultimately defined or characterized, for purposes of legal prohibition, within a highly politicized atmosphere. Starting with a short summary of anti-terrorist codification efforts made this century, this article examines some of the security interests cited by governments today in their respective struggles against terrorism. More specifically, it is argued that individual perceptions of personal and societal threat are heightened unnecessarily not only by a constant stream of governmental anti-terrorist rhetoric, but further, by an awareness of official and unofficial methods of anti-terrorist surveillance, and the use to which the information so obtained can be put.     

Expanding coupled shock fronts of urban decay and criminal behavior: How U.S. cities are becoming “hollowed out”

This work attempts to formalize an emerging paradigm in criminology, examining the structural consequences of feedback between community physical decay and behavioral pathologies caused by the social disintegration resulting from that decay. Adaptation of a standard reaction/diffusion approach produces a model of radially expanding coupled traveling-wave shock fronts of interrelated contagious physical decay and criminal activity. The standard threshold theorem associated with the model equations suggests that currently advocated triage policies, which recommend the virtual abandonment of bad communities behind the expanding front, will fail spectacularly. The model suggests that, just as the hollowing-out process has a complex, synergistic and dynamic structure, so, too, must interventions be interactive and mutually reinforcing, adaptively, targeted at communities in all stages of the phenomenon.     

European Editors of Economics Journals—A General Discussion

In a final inquiry at the end of the Conference on Editorial Policies the three editors, Bruno S. Frey (Kyklos), Manfred J. Holler (Homo oeconomicus), and Jürgen G. Backhaus (European Journal of Law and Economics), were asked to comment on their editorial policies. They answered by explaining the challenges they were or still are confronted with, which strategies they have already developed to go on and of course what they have learnt from the deliberations at this conference. In their statements they referred to their preceding paper presentations, and the contributions by Wolfgang Bergsdorf, who is the chief editor of Die Politische Meinung, and Peter Senn.     

The five khandhas: Their theatment in the nikāyas and early abhidhamma

Conclusion To explain the khandhas as the Buddhist analysis of man, as has been the tendency of contemporary scholars, may not be incorrect as far as it goes, yet it is to fix upon one facet of the treatment of the khandhas at the expense of others. Thus A. B. Keith could write, By a division which ... has certainly no merit, logical or psychological, the individual is divided into five aggregates or groups. However, the five khandhas, as treated in the nikyas and early abhidhamma, do not exactly take on the character of a formal theory of the nature of man. The concern is not so much the presentation of an analysis of man as object, but rather the understanding of the nature of conditioned existence from the point of view of the experiencing subject. Thus at the most general level rpa, vedan, sañña, and are presented as five aspects of an individual being's experience of the world; each khandha is seen as representing a complex class of phenomena that is continuously arising and falling away in response to processes of consciousness based on the six spheres of sense. They thus become the five updnakkhandhas, encompassing both grasping and all that is grasped. As the updnakkhandhas these five classes of states acquire a momentum, and continue to manifest and come together at the level of individual being from one existence to the next. For any given individual there are, then, only these five updnakkhandhas — they define the limits of his world, they are his world. This subjective orientation of the khandhas seems to arise out of the simple fact that, for the nikyas, this is how the world is experienced; that is to say, it is not seen primarily as having metaphysical significance.Accounts of experience and the phenomena of existence are complex in the early Buddhist texts; the subject is one that is tackled from different angles and perspectives. The treatment of rpa, vedan, saññ, and represents one perspective, the treatment of the six spheres of sense is another. As we have seen, in the nikya formulae the two merge, complementing each other in the task of exposing the complex network of conditions that is, for the nikyas, existence. In the early abhidhamma texts khandha, yatana and dhtu equally become complementary methods of analysing, in detail, the nature of conditioned existence.The approach adopted above has been to consider the treatment of the five khandhas in the nikyas and early abhidhamma texts as a more or less coherent whole. This has incidentally revealed something of the underlying structure and dynamic of early Buddhist teaching — an aspect of the texts that has not, it seems, either been clearly appreciated or properly understood, and one that warrants further consideration.     

Social sciences and the evolving concept of corruption

The term corruptio appears in many languages, but behind it lie several contrasting strands of thought and language. Current political usages of corruptio--emphasizing bribery, which in turn is just one of several families of ideas to which the term has variously been attached--date from the late 18th or early 19th century, have been strongly influenced by Anglo-Saxon legal thought, and may be traced to Roman roots. But French lexicographers developed a richer and more diverse vocabulary to encompass the crimes of civil servants and judges in addition to those of the people who sought to influence them. Religion, and in particular offices within the Church, also strongly influenced the ideas and vocabulary of corruption. Ultimately, corruptio can be said to have Biblical origins and a core meaning centered around injustice. The complexity and richness of the idea of corruption, as viewed from that perspective, in often lost in the narrower and more technical usages that dominate contemporary debate and analysis.     

Passions out of place: Law,incommensurability and resistance

Conclusion This has been an account of how an incommensurability between peoples is integral to the creation of identity in modernity and of how law assumes its modern, ambivalent being through embodying and mediating that incommensurability. A concluding point can be made by relating all this to the large and revelatory concern nowadays with the construction of Occidental identity in exclusion. This construction involves that which is acceptable or within the identity being created in its difference to that which is unfit and excluded. Looked at in reverse, if the excluded were to re-enter, as it were, then the identity would disintegrate. All of which, so the story continues, is a somewhat figurative way of discerning processes that remain internal to the identity. There is no without because the supposedly excluded is a fantastic projection of what is within, although it is repressed there. This projection is, however, attached to actuality, as we have seen. In ascribing what is excluded to the colonized, peasants and other incommensurables, not only must their difference to what is within be fabricated and asserted but also their similarity to what is within must be denied. The resistances of the colonized, which have just been described, succeeded because of organizational efficacies and juridical assertions which were the putative preserve of the Occident. Such a sameness of what should be different may locate a remote recess in a globalized Occidental identity, including its law, from which it could be seen as partial and precarious.The most enjoyable part of producing this paper was the discussion of a draft at a seminar organised by the Department of Legal Studies, La Trobe University, in September 1994.     

“Does Contain” vs. “Does Not Contain”: Does it Matter which GMO Label is Used?

An analytical framework where heterogeneous consumers are imperfectly informed about product content is used to investigate the welfare effects of a public labeling system. Although a mandatory label that reads Does Contain or one that reads Does Not Contain genetically modified organisms (GMOs) provides information for both the labeled and the unlabeled goods, there is no reason why these labels should cause the same welfare effects. This paper shows that the two labels imply different distortions due to the associated cost of labeling. It is shown that the label Does Contain should be used if the ratio of consumers with a strong reluctance for consuming GMO goods to indifferent consumers is high, while the label Does Not Contain should be used if this ratio is low. Given the findings, the authors argue that current labeling differences in various countries need not be the result of protectionist trade regulations.     

Measuring the Convergence/Divergence of “Serious Crime” Arrest Rates for Males and Females: 1960–1995

It is now almost a quarter of a century since Adler (1975) and Simon (1975)stimulated a debate about the convergence of crime rates for men andwomen. The ensuing debate generated literally dozens of papers. Given theexistence of a series that now extends from 1960 to 1995, this papersuggests an appropriate way to examine the convergence hypothesis usingtime series techniques. These techniques take into consideration the effectsof the following factors: (a) random shocks orinnovations, (b) the potentially lasting effects of suchinnovations, and (c) the autocorrelation that time series oftenexhibit. Using time series techniques on annual data, we examine trends inthe arrest rates for males and females for six Part I crimes (homicide,robbery, aggravated assault, burglary, larceny, and motor vehicle theft)for the years 1960 through 1995. We test for convergence, divergence, notrend, and a special condition of equilibrium between series calledcointegration.     

The Cost of the Game: A Taxonomy of Social Interactions

This paper considers the role of reciprocity rules in various strategic settings. After distinguishing four typical categories of social interaction, the paper examines three forms of reciprocity constraints. An ideal rule of perfect incentive alignment (structural reciprocity) serves as a benchmark for the analysis of a golden rule of reciprocity, characterized by a mechanical linking of one player's strategy to that of the other player; and a silver rule of stochastic reciprocity, characterized by a probabilistic symmetry in the relationship between the players.     

Insights on Technology Transfer from the Bureau of Mines

The U.S. Bureau of Mines was established in 1910 to reduce the high accident rate in the nation's coal mines. For 85 years, it conducted a wide variety of tasks related to mining before it was abolished in 1995. The BOM had many technology transfer successes in its lifetime, including more than a dozen R&D100 awards. This essay identifies and discusses five transfer factors that can explain the success (or failure) of many Bureau of Mines projects. These five factors are termed pressure, pitfalls, path, price, and profit.     

Rethinking the Probative Value of Evidence: Base Rates,Intuitive Profiling,and the “Postdiction” of Behavior

It is argued that American courts may be routinely admitting evidence with little to no probative value and great potential for prejudicial impact. This may be particularly likely with regard to what is essentially intuitive profiling or stereotype related evidence, defined herein as evidence suggesting that the defendant (or other party), or his (her) behavior, fits intuitive profiles (or stereotypes) of the type of person likely to commit the crime or behavior in question. In other words, intuitive profiling evidence is admitted to postdict behavior. Formal empirically based profiling evidence (testimony regarding the fit of a defendant's characteristics or behaviors to formal or scientific profiles of the typical perpetrator of the crime in question for use to prove guilt is inadmissible in American courts. However, we suggest that everyday use of informal intuitive profiles underlies both judicial determinations of probative value diagnosticity, and thus admissibility, of evidence, and jurors' use of the evidence in determining guilt. Demonstrations of the use of base rate information to evaluate the probative value of such intuitive profiling evidence both as evidence of guilt and as evidence of innocence are provided. Demonstrations of both how to evaluate the actual probative value of evidence (when all necessary values are known), and the theoretical limit of its probative value (in circumstances where some values are not known) are provided. It is argued that such evaluations may provide the basis for (1) support of motions to either admit or to exclude evidence, (2) testimony to the jury to help them weigh or interpret evidence, (3) exculpatory profiling (profiling evidence of innocence), (4) pretrial research to establish probative versus prejudicial value of evidence, and (5) sufficiency analyses to determine maximum likelihood of guilt, given multiple items of evidence. Among these, the first two are considered most important, as it can be demonstrated that many profiling characteristics currently admitted in trial (such as evidence of battery to support a murder charge) are not probative of guilt.     

Why Japanese citizens evaluate the new indirect tax as unfair: Fairness criteria and their relative importance

The study examined citizens' fairness evaluation of the consumption tax recently introduced in Japan, and explored the underlying criteria and their relative importance in judging the fairness of the tax and the procedural fairness by which the tax was introduced. Five dimensions were obtained in factor analysis. Multiple regression analysis revealed that three dimensions contributed to total fairness of the tax: Procedural Fairness, Outcome Evaluation, and Affective Responses. Further analyses revealed that ramming the bill, sufficient discussion, and reflection of citizens' opinions were crucial for Japanese citizens judgment of procedural fairness. The results supported Leventhal's theory: ethicality, accuracy, and correctability were important.     

Since September 11, All Roads Lead to Rome

The Bush administration has repudiated President Clintons signature on the Rome Statute of the International Criminal Court. This repudiation comes when the war on terrorism is directed against the very crimes denounced in the Rome Statute. Critical criminology has been skeptical of criminal law regimes within nations on the ground that they legitimize pre-existing power relationships. The criminal law regime among nations in the Rome Statute is the only method to delegitimize military force by any permanent member of the U.N. Security Council as well as the only forum to try accused terrorists that can offer an appearance of fairness.     

Putting the group back into intergroup justice studies

This paper argues that groups have traditionally been conceptualized in two major ways—subjective and objective—which correspond to the different conceptions found within the disciplines of psychology and sociology. We argue that the term group is frequently used too carelessly since rarely are readers informed of the conception of group to which the findings are relevant. Findings generated from studies involving one conception of group may not allow valid inferences to groups conceptualized differently. We suggest that a more sociological conception of group is needed to balance the current emphasis based in the psychological tradition. We believe that such a difference in conceptualizing groups could well lead to very different speculations about the nature of intergroup justice relations.