From Bail to Jail: The Effect of Jail Capacity on Bail Decisions

One of the more important decisions made by judges in the criminal justice system is the bail decision. Factors that judges take into consideration when making a bail decision, such as seriousness of the offense, flight risk, and public safety, are typically seen by researchers as the primary determinants of such a decision. However, one aspect that researchers have not studied extensively—rated jail capacity – could play an important role in a judge’s decision. Overcrowding in jails leads to numerous problems, both for the offender and the system itself, so judges may be more willing to release offenders into the community during the pretrial period if the local jails are overcrowded. The current study examines the effect of rated jail capacity on decisions regarding bail amounts, release on recognizance (ROR), financial release, and conditional release in eight Florida counties. Results indicate that rated jail capacity plays a role in judges’ bail decisions, suggesting that judges are concerned about housing more pretrial offenders in crowded jails.     

Minority Status and Spirituality among Police Officers: Blacks and Women in a Metropolitan Department

This paper addresses two questions: (1) What are the sources of spirituality among police officers? (2) Can spirituality alleviate police stress? These issues are examined in a secondary analysis of the dataset Police Stress and Domestic Violence in Police Families in Baltimore, Maryland, 1997–1999. The study extends research on law enforcement spirituality to include the structural sources of spirituality. Minority status easily emerges as a source of spirituality with the highest levels present among African Americans and females. Contrary to previous research that has found either non-existent or positive relationships between spirituality and work-related stress among law enforcement, this study finds that spirituality is weakly associated with lower levels of burnout after controlling for demographic factors. However, the weak relationship between spirituality and perceived stress disappears when controlling for burnout and demographic factors, thus undermining the ability to make any overarching claims about the influence of spirituality that can cover all kinds of police stress.     

二元结构下“农民工”劳动权之一元法律保护:从身份到契约

本文试图分析我国二元经济结构下农民工劳动权利现状,说明二元经济结构不必然导致二元劳动力市场,也不必然导致农民工处于低端的第二劳动力市场。并通过分析现行理论、制度的弊端,指出对农民工劳动权进行二元法律保护是一个错误的继续。现行法律设置、法律执行和政府角色错位才是导致农民工劳动权受损的原因。因而,必须澄清劳动关系理论,实现对农民工"从身份到契约"的一元法律保护。     

From Status Politics to Technocratic Pluralism: Toleration of Religious Minorities in Canada

This paper examines patterns of public regulation as they may emerge throughout the West from controversies constructed around new and minority religions. Following Beckford's and Richardson's insights about the sociological exemplarity of these issues, we argue that evidence for some of these trends as well as clues for interpretation can be found in contemporary Canadian constitutional development that parallels and at times precedes that of Europe. Close examination of notions of society and religion found in more than 35 religion cases brought before the Canadian Supreme Court from 1951 to 1997 lead to the conclusion that beside governmental and parliamentary intervention, legal management of religious pluralism is assuming a decisively normative turn. Notions such as status politics, civic ethos, and technocratic pluralism are offered as an explanation of this trend.     

Most in Need But Least Served: Legal and Practical Barriers to Special Immigrant Juvenile Status for Federally Detained Minors

Abused, neglected, and abandoned immigrant youth face numerous obstacles to physical safety, including potential repatriation (deportation) to abusive caretakers from whom they fled. In recognition of the special needs of abused children, Congress enacted Special Immigrant Juvenile Status (SIJS) to provide a previously unavailable child welfare defense to deportation. The remedy is contingent upon a State court declaration that the youth is, in fact, in need of protection. However, unlike their counterparts in foster care or guardianships, youth detained by the federal government face numerous practical and legal roadblocks to accessing the necessary State court declarations. This article identifies several gaps in State laws which impede detained youths' access to State court declarations, and proposes several remedies which would enable the States to carry out Congress' intent that detained youth have access to SIJS, regardless of detention status.     

Jail drug and alcohol treatment program reduces recidivism in nonviolent offenders: a longitudinal study of Monroe County, New York's, Jail Treatment Drug and Alcohol Program

Substance abuse treatment has become the new fashion for reducing recidivism among inmates. But the question is, does this work? Various studies have been done tracking the same cohort of inmates over time to assess the validity of treatment. This study assesses one treatment program's success over 5 years to determine if drug and alcohol treatment reduces recidivism among nonviolent, short-term (sentence of less than a year) inmates. Monroe County's drug treatment program demonstrates that for 1 year after receiving the treatment, three different cohorts of nonviolent, short-term inmates (1995, 1998, and 2000) were found to be substantially less likely to be recidivists than control group inmates.     

从“耻辱刑”到“羞耻心”——-漫谈在监狱矫正中唤起服刑人的羞耻之心

古人对罪犯羞耻心的培养是从积极的教育和消极的教训两个维度并举的。本文从属于后一维度的耻辱刑入手,探讨它以“人皆有羞耻之心”为逻辑起点的教化功能;进而又从“劳动改造”和“罪犯人权保障”两方面切入,对当前监狱改造中存在的羞耻心缺失现象进行剖析,指出今天的监狱矫正同样需要立足于人们的社会心理、文化习俗、价值观念等来培育服刑人的羞耻之心,这样才能最大限度地发挥刑罚的改造功能。     

Women and Men in Jail: Attitudes Towards and Experiences of Domestic Violence

This study explores the pre-arrest domestic violence victimization and attitudes towards domestic violence reported by women and men confined in a Midwestern metropolitan jail. Results indicated that women in the jail sample had more fear for the safety of battered women than men in the jail sample. Women in jail were more likely than men in jail to view the legal system as a deterrent to domestic violence. Logistic regression models were constructed to explore associations between jail detainees’ pre-arrest experiences of domestic violence and their gender, age, education, race, parental status and other violent victimizations. The variables associated with pre-arrest domestic violence victimization were being a woman, a parent, a victim rape and a victim of threats with a deadly weapon.     

Life Stressors and Posttraumatic Stress Disorder in a Seriously Mentally Ill Jail Population,

Inmates represent a vulnerable population with increased rates of trauma and posttraumatic stress disorder (PTSD). However, little is known about the rates of trauma and PTSD among male inmates with acute psychiatric illness. This prospective, randomized study was conducted to assess the current rates of trauma and PTSD in this population. The sample consisted of 48 patients admitted to a hospital jail psychiatry service in New York City. Subjects were administered the Life Stressor Checklist‐Revised and the Structured Clinical Interview for DSM‐IV‐TR Disorders, PTSD Module (SCID‐I). The rate of PTSD diagnosis via SCID‐I was 46.2% as compared to 2.1% diagnosis via clinical interview. All participants reported a history of at least one stressful and/or traumatic event, and many of these events occurred during incarceration. These results demonstrate that a great deal of trauma and PTSD goes unrecognized and untreated in this population, indicating the need for more effective treatment interventions.     

Incumbency Effects under Proportional Representation: Leaders and Backbenchers in the Postwar Italian Chamber of Deputies

We study incumbency effects for individual legislators from two political parties (Christian Democracy and the Italian Socialist Party) in Italy's lower house of representatives over 10 legislatures (1948–92) elected using open‐list proportional representation. Our analysis finds no reelection advantage for the average incumbent legislator. Only a tiny elite in each party successfully creates an incumbency advantage. We find incumbents advantaged for reselection by their political party. We interpret reselection advantage as a party loyalty premium. Our study depicts a political environment monopolized by party leaders who reward party loyalty but hamper legislators in appealing directly to voters.     

封建社会福建外省移民开发时空演进与特征分析

封建时期,大量北方南迁移民定居于福建各地,人口迁移活动促进了当地各个时期的开发进程,对福建社会、经济、文化的发展带来深远影响。通过探索福建外省移民开发空间进程,总结得出封建时期福建外省移民开发格局的形成经历了四个历史阶段:唐代之前初步开发阶段;唐、五代全面、大规模开发阶段;宋元跻身全国先进地区之列以及明清开发的尾期阶段。在总体开发方向上形成福建特有的规律,即移民开发呈现出近似环形开发轨迹,实践了从内陆到沿海再到内陆的开发模式,并经历了沿河谷开发向平原、台地开发再向山地丘陵开发的转变。此外,福建移民开发还呈现出点轴发展的模式。     

Comparing Legal Professions Cross-nationally: From a Professions-centered to a State-centered Approach

Legal occupations vary dramatically from country to country—in scope of activity, education, organization, and institutional setting. This essay proposes to study legal occupations focusing on their relations to the state rather than on their character as "professions." It builds on the recent renaissance of state-centered approaches in the social sciences. A review of the diversity of law work and legal occupations in different countries leads to state-centered conceptualizations that identify institutionally comparable features of law work. A sketch of the European historical background of modern legal professions yields theoretical principles that can inform the proposed approach. Variations in the role of the state and in the relation of lawyers to the state apparatus are then shown to be related to differences between national legal professions. Even where the law is primarily seen as a profession, the character of law work is better understood when related to the state.     

Governors and “Their” Deputies: New Legislative Principals in Mexico

Many studies on legislatures around the world have not detected a regional voting dimension. Yet governors are often important political figures and can exert strong influence on state politicians. From an analysis of the Mexican legislature, I determine that governors hold important resources that ambitious politicians need in a system with no consecutive reelection. Mexican governors use their power over federal deputies to prod their agents, the caucus leaders, into working for their states' interests on fiscally relevant issues, especially the annual budget. On all other issues, the governors delegate their deputies' votes to the party's legislative leadership.     

Immigration effects on crime in a midwestern,nontraditional destination: a neighborhood-level analysis of Cincinnati,Ohio

Abstract

A wide-ranging body of research on the immigration-crime relationship has shown that immigration does not increase community crime levels. However, most prior studies have focused on traditional immigrant destinations or border cities. This study addresses several gaps in this line of research by exploring immigration effects on neighborhood levels of Violent and Property Index crimes for the 2008 to 2014 period in Cincinnati, Ohio – a Midwestern, mid-sized, nontraditional immigrant destination. Overall, our findings are consistent with previous research and indicate that controlling for other factors, the percent foreign-born has largely neutral effects on census tract-level crime rates in Cincinnati. Moreover, our findings show no signs of indirect effects of immigration on crime through neighborhood disadvantage.