Democracy and Rule-making Within the EC: An Empirical and Normative Assessment

The object of this article is to consider the democratic legitimacy of the structure of legislative authority which exists within the EC. The analysis draws upon the work of Joseph Weiler, and accepts that different conceptions of democracy may best explain different aspects of the Community. The present article addresses only what Joseph Weiler terms the supranational aspects of the Community and suggests that a replication model of democracy can help us to understand the division of competence in this area. While changes can undoubtedly be made which will improve the operation of democracy within this sphere of the Community, and such changes are suggested in the subsequent analysis, it is argued that the republican model provides a sound basis on which to build.     

Marked for Death: An Empirical Criminal Careers Analysis of Death Sentences in a Sample of Convicted Male Homicide Offenders

Background

Although prior criminal record and concurrent criminal charges constitute the main eligibility and aggravating circumstances used in capital sentencing, relatively little research has examined the criminal careers of offenders who are ultimately sentenced to death.

Materials and Methods

Using official criminal history data for 618 incarcerated male homicide offenders selected from 8 states—191 of whom were sentenced to death—the current study explored the criminal careers of offenders that received the most severe legal punishment.

Results

Poisson regression incidence rate ratio models indicated that multiple measures of prior criminal activity including contemporaneous and prior history of violence, prior incarceration, early onset of arrest, juvenile homicide offending, and juvenile child molestation were associated with subsequently being sentenced to death. Separate models for white, African American, and Hispanic males showed contrasting effects in their criminal careers and varying relationships between prior criminal career and current capital offending.

Conclusion

The current study adds to the literature on lifespan criminality by applying Poisson regression analyses and a criminal careers approach to study the most extreme offenders including those sentenced to death.     

An Assessment of the Quality of Homicide Data in the Supplementary Homicide Reports: A Research Note

The Federal Bureau of Investigation (FBI)’s Supplementary Homicide Reports (SHR) is a national-level incident-based data clearinghouse for homicide events in the USA used in countless research studies to track homicide trends, test theory, and analyze policy. Despite its wide use, the SHR has well-known limitations. This research note examines the accuracy of the information in the SHR by comparing homicide cases in Newark, New Jersey with their respective data to determine the level of disagreement between the data sources, which variables exhibit the greatest disagreement, and the case-related variables related to the disagreement. Uniquely, we do this for cases where offenders are known in the SHR. Our findings suggest that variables such as victim-offender relationship and circumstance have high disagreement even when the SHR reports an offender, and that the most important covariate of this is time to close the homicide investigation with an arrest. Research implications of the results are discussed.     

Homicide as Infectious Disease: Using Public Health Methods to Investigate the Diffusion of Homicide

This study examined the spatial and temporal movement of homicide in Newark, New Jersey from January 1982 through September 2008. We hypothesized that homicide would diffuse in a similar process to an infectious disease with firearms and gangs operating as the infectious agents. A total of 2,366 homicide incidents were analyzed using SaTScan v.9.0, a cluster detection software. The results revealed spatio-temporal patterns of expansion diffusion: overall, firearm and gang homicide clusters in Newark evolved from a common area in the center of the city and spread southward and westward over the course of two decades. This pattern of movement has implications in regards to the susceptibility of populations to homicide, particularly because northern and eastern Newark remained largely immune to homicide clusters. The theoretical and practical implications of the findings, as well as recommendations for future research, are discussed.     

The Cohort-Size Sample-Size Conundrum: An Empirical Analysis and Assessment Using Homicide Arrest Data from 1960 to 1999

A number of studies use the Age-Period-Cohort Characteristic (APCC) model to address the impact of cohort related factors on the age distribution of homicide offending. Several of these studies treat birth cohorts as spanning several years, an operationalization that most closely matches tenets of cohort theory, yet sharply reduces the number of observations available for analysis. Other studies define birth cohorts as those born within a single year, an operationalization that is theoretically problematic, but provides many more observations for analysis. We address the sample size problem by applying a time-series-cross-section model (panel model) with age-period-specific homicide arrest data from the United States for each year from 1960 to 1999, while operationalizing cohorts as five-year birth cohorts. Our panel model produces results that are very similar to those obtained from traditional multiyear APCC models. Substantively, the results provide a replication of work showing the importance of relative cohort size and cohort variations in family structure for explaining variations in age-period-specific homicide rates. The additional observations provided by our approach allow us to examine these relationships over time, and we find substantively important changes. The year-by-year estimates of the age distribution of homicide offending help us to examine the model during the epidemic of youth homicide.     

Homicide by a Forensic Female Sample in Brazil: A Preliminary Study

The objective of the study was to evaluate the mental status of all women (n = 14) who were acquitted by reason of insanity of charges of murder or attempted murder and committed to a forensic psychiatric hospital in the state of Rio de Janeiro, Brazil. All cases were retrospectively examined, including medical files, technical records, and forensic experts' official reports. A conclusive psychiatric diagnosis was established using the Structured Clinical Interview for DSM‐IV Axis I and II Disorders and clinical and forensic records. The most common diagnosis was schizophrenia/schizoaffective disorders (n = 8; 57.3%). Most victims (n = 12; 75%) were close relatives of the patients. We found that 43% (n = 6) of the patients had a previous history of violent behavior. According to the initial psychiatric forensic evaluation, 5 patients (35.7%) had psychotic symptoms. It is expected that a growing understanding of motivational factors underlying homicidal behavior in mentally disturbed female offenders may further the implementation of effective preventive and therapeutic interventions.     

An Empirical Study of Patent Grant Rates as a Function of Race and Gender

In this article we examine the rate at which patent applications are granted as a function of the inventor's race and gender. Empirical analysis of more than 3.9 million U.S. applications finds minority and women applicants are significantly less likely to secure a patent relative to the balance of inventors. Further analysis indicates that a portion of this bias is introduced during prosecution at the Patent Office, independent of the quality of the application. Mechanisms underlying these disparities are explored. The article concludes with a discussion of our results and their interaction with patent law, innovation policy, and employment trends.     

Rethinking Criminal Libel: An Empirical Study

The prevailing view of criminal libel among communication law scholars in the United States is that there are very few prosecutions, that most of the prosecutions are about politics or public issues, and that none of the prosecutions are necessary because victims of defamation can sue for civil libel. The results of an empirical study of all Wisconsin criminal libel cases from 1991 through 2007, however, suggest that criminal libel is prosecuted far more often than realized, that most criminal libel prosecutions have nothing to do with political or public issues, and that the First Amendment is an effective shield on the rare occasions when a criminal libel prosecution is politically motivated. This article concludes that criminal libel can be a legitimate way for the law to deal with expressive deviance that harms the reputations of private figures in cases that have nothing to do with public issues.     

Homicide as a cause of the sudden infant death syndrome

The homicidal asphyxiation of a 10 1/2-month-old male infant and the attempted asphyxiation of his 4-month-old sibling, documented by parental confession, is presented as evidence that murder may sometimes be mistaken as sudden infant death syndrome (SIDS). A review of the literature of the relationship between murder and SIDS deaths reveals the suspicions of some physicians but few published cases; this reflects not only the difficulties of making a determination of murder by suffocation, since no injuries may be present, but also a lack of awareness among physicians who must evaluate infant deaths. It is recommended that murder should be considered in the differential diagnosis of sudden, unexpected death in infants and that the autopsy should include full-body x-rays and at least an initial look at the social history of the child.     

The Coproduction of Primary and Secondary Legislation: Israel as a Case Study of Substitutive Relationships

Much has been written since the early 1980s about the costs of regulation and the various ways to curb them, but thus far no one has examined empirically the rise or decline of other forms of legislation, mainly primary legislation, in the context of the “war on regulation.” This article examines the extent to which the decline in the rate of production of secondary legislation in Israel since 1985 has been driven by changes in the rate of production of primary legislation. Using an original longitudinal data set, we count, codify various dimensions, and compare the type and length of primary and secondary legislations and the number of delegated provisions that primary legislations contain. We find that the relationship between primary and secondary legislation is not hierarchic, as one might have expected, but has become partially substitutive. The decline in the rate of production of secondary legislation in Israel is, perhaps paradoxically, associated with the rise of primary legislation. This opens a new research agenda on the relationships between primary and secondary legislation that goes well beyond the Israeli case.     

An Inquiry into a Normative Concept of Legal Efficacy

This essay argues that legal efficacy understood as existent binding force and as dominance of a system of coercion vis‐à‐vis competing systems is not strictly a matter of fact, but involves what can be termed justified normativity in a factual context. The argument is divided into four sections. The first three sections describe different dimensions of a normative concept of legal efficacy applied to legal systems: efficacy as persuasiveness, as indirect communication, and as constitutive obedience. The final section focuses on the efficacy of individual norms and adds a new criterion – membership – which establishes a multi‐layered test of efficacy.