Women in Science: Racial and Ethnic Differences and the Differences They Make

Often the term “women” is assumed to include women of color in the same way as the terms “African American” and “Hispanic” are assumed to include both women and men. Although women of color and non-Hispanic white women are under represented in the science labor force, the rates of and factors contributing to this under representation differ by race and ethnicity. Consequently, disaggregating data on women in science by race and ethnicity is crucial to capture these differences. Such distinctions are critical to developing effective policy, practice, and programs to increase the participation of women in science.     

Warranted and Unwarranted Complexity in the U.S. Sentencing Guideline

The U.S. Sentencing Guidelines are highly complex because of both initial policy decisions and subsequent pressures from Congress and appellate courts. The two initial policy decisions that were largely responsible for this complexity were (a) basing guidelines on "relevant conduct" rather than on the offense of conviction and (b) specifying in detail the number and precise sentencing value of aggravating and mitigating factors. Given this initial bias toward specificity, it was inevitable that the complexity in the guidelines would become worse as Congress pressed for further distinctions and the Sentencing Commission responded to those statutory actions. The complexity of the U.S. Sentencing Guidelines has detrimental effects on both the perceived and actual fairness of the laws. Although statistical analyses indicate that the most complex guidelines (as indexed by the length of each guideline, the length of application notes for each guideline, and the number of amendments to each guideline) are also those that are most frequently used, there is also evidence that at least some of the complexity in the guidelines (the number of specific offense characteristics in each guideline and the number of cross references) is unwarranted.     

Time,Term Limits,and Turnover: Trends in Membership Stability in U.S. State Legislatures

Increases in legislative professionalization along with the implementation of term limits in about one‐third of the American states raise significant questions about the path of state house and senate turnover. We first update turnover figures for all states, by chamber, from the mid‐1980s through 2002. We then compare turnover rates in states with and without term limits. We find that turnover rates, overall, continued to decline through the 1980s but that the long downward trend abated in the 1990s as a result of term limits. The effects of term limits vary depending on the length of the term limit and the opportunity structure in the state. There is also a strong relationship between the presence of term limits and interchamber movement. In addition to term limits, professionalization levels, redistricting, the presence of multi‐member districts, and partisan swings explain differences in turnover rates between states.     

Racial Inequality,Ethnic Inequality,and the System Involvement of At-Risk Youth: Implications for the Racial Invariance and Latino Paradox Theses

Drawing from the inequality and crime, racial invariance, and Latino paradox literatures, the effects of inequality on youth reoffending are examined. Specifically, hierarchical logistic regression models are estimated to determine: (1) whether racial and ethnic inequality have similar contextual effects on the continued delinquent behavior of at-risk youth and (2) whether these effects are specific to black or Latino/a youth residing in Maricopa County, Arizona (N = 13,138). Findings suggest that racial inequality increases reoffending while ethnic inequality decreases reoffending. Additionally, Latino/a youth are less likely to reoffend in areas characterized by high income and racial inequality. Structural theories of crime should continue to account for the importance of culture and the resilient responses employed by Latinos/as living in criminogenic environments.     

Racial and Ethnic Differences in the Likelihood of Marriage: The Effect of Incarceration

Researchers have highlighted the importance of marriage when studying variation in deviance over the life course, but few studies have examined the effect that incarceration has on marriage or have considered variation by race and ethnicity. Using data from the National Longitudinal Survey of Youth (NLSY), this study contrasts the effect of incarceration on the likelihood of marriage for White, Black, and Hispanic males. Incarceration reduced the chances of marriage for all men, but had a significantly stronger effect on the marital outcomes for Whites. Although Whites were most likely to be married overall, incarceration was associated with a 59 percent decline in the odds of marriage for Whites, and the odds of marriage decreased 30 percent for Blacks and 41 percent for Hispanics. The association was maintained even after controlling for time‐varying life‐course events and static individual‐level factors. This research has important implications for the study of the incarceration and the consequences it can have for spouses, families, and communities.     

Gender Disparities in Sentencing Departures: An Examination of U.S. Federal Courts

Using data from the United States Sentencing Commission, the present study examines the role of guideline departures in the sentencing of male and female defendants in federal courts. Findings indicate that female defendants continue to have lower odds of incarceration and to receive shorter sentence length terms, even after legal, extralegal, and contextual factors are controlled. The largest gender difference in the odds of incarceration was found for defendants who received substantial assistance departures, while male and female defendants in this same category were given the most similar sentence lengths. When departure status was examined as a dependent variable, it was found that female defendants were more likely to receive a sentencing departure. Finally, for both males and female defendants sentenced on multiple counts, those who went to trial and had prior criminal histories were less likely to receive sentencing departures. But defendants with higher guidelines sentences, those who had committed drug offenses, and those with more education were more likely to receive a sentencing departure.     

Reexamining the Institutional Effects of Term Limits in U.S. State Legislatures

Research on term limits suggests that they have substantial consequences for the power of legislatures vis‐à‐vis the executive and interest groups and for the relationship between leaders and rank‐and‐file members within a chamber. Existing work, however, has not accounted for the actual power of relevant state actors. We contribute to this research by examining the effect of term limits on the influence of institutional actors conditional on the existing political power structure in a state. The inclusion of controls for the direct and moderating effect of actual institutional power suggests some significant extensions of previous findings regarding the institutional effects of term limits.     

美国刑事审前分流制度评介

本文对美国刑事审前分流制度的概念、起源、实践基础、目标理念进行了简要的介绍,并对审前分流程序中检控裁量权的制约机制做了概括的分析,简要探讨了审前分流制度对完善我国刑事诉讼制度的启示。     

Rejoinder to Professor Ruback's article: Warranted and Unwarranted Complexity in the U.S. Sentencing Guidelines

Professor Barry Ruback critiques the U.S. sentencing guidelines for their complexity, their lack of articulated purpose, and their unreliability. In a brief rejoinder to the complexity argument, this article points out that the complexity of previous sentencing practices helped drive the complexity of the guidelines the federal Sentencing Commission developed. Further, it notes that while the commission failed to articulate a philosophical purpose to the guidelines, the commission did develop guidelines that are a modified just desert model. Finally, the complexity of the guidelines does increase the risk of miscalculation and thus unreliability compared to simpler guidelines, but this discussion shows that a fairer benchmark is to past sentencing practices.     

法理与论争:美国刑事正当程序的范围——兼论美国的正当程序方法论

<正>一、引论 在美国,正当程序的一大特色是它与宪法的紧密结合。但是,美国宪法仅规定要遵守"正当法律程序",对于正当程序包括哪些内容则没有进一步的解释,因此,对正当程序进行司法解释的余地是相当大的。经过长期的努力,美国联邦最高法院已经逐渐而坚定地从含义模糊的正当程序条款中发展出了一套以宪法前10条修正案即权利法案为核心、规则细密且相对明确的程序保障体系,形成自己独特的正当程序方法论--即,在解释正当     

State Solicitors General,Appellate Expertise,and State Success Before the U.S. Supreme Court

This article examines how institutional design leads state governments to win their cases before the U.S. Supreme Court. We analyze whether states are more likely to prevail on the merits when they create a formal solicitor general office and have an attorney from that office argue their cases before the Court. We employ an analytical matching approach and find that attorneys from state solicitor general offices are significantly more likely to win their cases compared to other kinds of state attorneys. Accordingly, if states prioritize victory before the Court, they should consider creating state solicitor general offices and granting those solicitors general the authority to control their appellate litigation.     

Seats That May Not Matter: Testing for Racial Polarization in U.S. City Councils

Abstract: Critics of the Voting Rights Act claim that electoral structures used by city councils lead to racially polarized legislatures in which African American members are consistently outvoted by white majorities. Using council votes from six cities, this study shows that the critics' claim is exaggerated. In only one city were African American council members generally less likely to be on the winning side of votes because of their race. Polarization is more of a concern for particular issues: members with large black constituencies were less likely to be on the winning side of votes on housing or police affairs in four cities.     

Conditional Race Disparities in Criminal Sentencing: A Test of the Liberation Hypothesis From a Non-Guidelines State

Objectives

To test the liberation hypothesis in a judicial context unconstrained by sentencing guidelines.

Methods

We examined cross-sectional sentencing data (n = 17,671) using a hurdle count model, which combines a binary (logistic regression) model to predict zero counts and a zero-truncated negative binomial model to predict positive counts. We also conducted a series of Monte Carlo simulations to demonstrate that the hurdle count model provides unbiased estimates of our sentencing data and outperforms alternative approaches.

Results

For the liberation hypothesis, results of the interaction terms for race x offense severity and race x criminal history varied by decision type. For the in/out decision, criminal history moderated the effects of race: among offenders with less extensive criminal histories blacks were more likely to be incarcerated; among offenders with higher criminal histories this race effect disappeared. The race x offense severity interaction was not significant for the in/out decision. For the sentence length decision, offense severity moderated the effects of race: among offenders convicted of less serious crimes blacks received longer sentences than whites; among offenders convicted of crimes falling in the most serious offense categories the race effect became non-significant for Felony D offenses and transitioned to a relative reduction for blacks for the most serious Felony A, B, and C categories. The race x criminal history interaction was not significant for the length decision.

Conclusions

There is some support for the liberation hypothesis in this test from a non-guidelines jurisdiction. The findings suggest, however, that the decision to incarcerate and the sentence length decision may employ different processes in which the interactions between race and seriousness measures vary.

     

Paying Money for Freedom: Effects of Monetary Compensation on Sentencing for Criminal Traffic Offenses in China

The current study seeks to understand the role that monetary compensation plays on the joint occurrence of imprisonment and probation for criminal traffic offenses in China. We argue that monetary compensation influences sentencing decisions primarily by manipulating the probation terms in favor of the defendant. With monetary compensation directly increasing the chances of a more lenient punishment through extended probation as opposed to more severe penalties, we have found sentence lengths for criminal traffic offenses to be concentrated at 36 months, the maximum length eligible for probation. All available sentencing documents for criminal traffic offenses from 2014 to 2016 were retrieved from the China Judgments Online website. The final dataset contains 141,689 observations. Following a joint model approach using both sentence length and probation as outcomes, we utilized a Zero-Truncated-Generalized-Inflated-Poisson model to address the distributional characteristics of sentence length, such as discrete integers, non-zero values, and the concentration of data on certain points. To avoid detecting effects of little scientific importance due to our large sample size, all results were evaluated using bootstrapping techniques. We found that the likelihood of probation increases when monetary compensation is provided, but that compensation does not make a significant difference on the sentence length for those defendants receiving less than 36 months imprisonment. When considering the concentration of sentence lengths at specific values, monetary compensation was positively associated only with the chance of inflation at the value of 36 months, and the probation itself became insignificant in predicting sentence length. The significant positive relationship between monetary compensation and lenient sentencing outcomes suggests that compensation plays a crucial role in the Chinese judicial process. Our study will not only help researchers to better understand the legal process in China, but it will also benefit the larger community as an example of utilizing new sources of data.     

State Courts, the U.S. Supreme Court, and the Protection of Civil Liberties

Advocates of federalism, both in the United States and elsewhere, often cite the potential for enhanced protection of individual civil liberties as an emerging rationale for a federal system dividing governmental responsibilities between central and regional governments and central and regional judiciaries. Echoing this, some judicial officials and scholars, confronting an increasingly conservative U.S. Supreme Court, have called for state supreme courts to use the state constitutional grounds to preserve and increase the protections of the Bill of Rights. Using event count analysis, we examine state search-and-seizure cases for 1981 to 1993 to ascertain under what circumstances state courts would use this opportunity to eliminate Supreme Court review. We find that the relative ideological position of the state supreme courts and the U.S. Supreme Court often prevents, or does away with the need for, liberal courts to use the adequate and independent state grounds doctrine to expand the rights of criminal defendants and that state supreme court justices react more predictably in the assertion of constitutional protection law than the general consensus suggests.     

论美国“文化遗产犯罪量刑准则”及其对我国的启示

美国＂文化遗产犯罪量刑准则＂是在美国＂1987年量刑准则＂基础上制定、专门针对文化遗产犯罪的刑事处罚制度。＂文化遗产犯罪量刑准则＂以确定性的量刑方法为指导,实施量刑等级制度。其主要特色在于确定了若干加重量刑的标准,较以往的美国有关文化遗产犯罪的法律在量刑上更为确定和严厉。借鉴美国＂文化遗产犯罪量刑准则＂,克服我国文化遗产犯罪的刑事处罚制度中存在的保护范围不太广、量刑情节不具体等缺陷,无疑有利于加强我国文化遗产的法律保护。     

美国种族隔离案件裁决与宪法解释方法

宪法解释是法院依照宪法审理案件、体现对社会动态合宪性评价的重要方式。通过对有关种族隔离案件的裁决,美国最高法院在推翻种族隔离、发展民权运动的历程中扮演着重要角色。本文选取三个典型案例——使"平等隔离"理论合宪化的"普莱西案"、推翻"平等隔离"理论的"布朗第一案"和将"平等保护"条款适用于联邦政府的"特区学校第一案"——阐述原旨主义与非原旨主义的论争以及历史解释和结构解释等宪法解释方法的运用。多种宪法解释方法时常结合使用,在具体案件审理中可能需要综合予以考虑。