What’s in a Name? Organizational,Environmental, and Cultural Factors on Support for Community Policing in Turkey and the U.S.

Community policing (COP) represents officers’ expectations of police work that revolves around specific order maintenance chores that take place within the community. It is generally assumed that police officers are cognizant of the community policing type activities occurring in police organizations where COP is either formally or informally adopted. However, very little research has been done to examine whether or not police officers in other countries are engaging in similar COP type activities without the organizational endorsement or official implementation of community policing as it is known in the U.S. and elsewhere. The aim of this paper is twofold. First, we compare law enforcement officers’ attitudes toward their conceptions of police work with specific attention to order maintenance and community oriented type police activities in two countries, Turkey (no formal COP programs) and the U.S. (formal and informal COP programs). Secondly, we examine to what extent police organizational and environmental factors in these two countries influence officers’ conceptions of community-oriented policing activities. Findings suggest that, relative to Turkey, U.S. police officers have a favorable disposition toward COP type activities, suggesting name does matter. However, findings in both countries also suggest that officers’ orientation to police work that is reflective of the police operational philosophy, and the organizational and environmental factors are better predictors of COP type activities.     

“It’s the politics, stupid!”. The politicization of anti-corruption in Italy

This article aims to analyze the relationship between judicial activism against political corruption and electoral accountability. The judiciary plays a pivotal role in enforcing anti-corruption legislation, and, in many countries, courts have moved closer and closer towards that kind of working. In the article, we analyze the conditions under which a judicial prosecution of corrupt practices can also lead to electoral punishment of political misconducts by voters, or to a failure of accountability mechanisms. The latter outcome is more likely to occur if judicial activism is politicized. The ‘politicization’ of anti-corruption initiatives is here defined as an increase in the polarization of opinions, interests, or values about judicial investigations and the extent to which this polarization is strategically advanced towards the political debate by parties, political leaders, and media. By crystallizing a new dimension of political conflict, political actors can negatively affect electoral accountability, diminishing the risk of electoral punishment. We study this phenomenon by analyzing the case of Italy, a country which has experienced high levels of politicization of anti-corruption. However, whether and to what extent anti-corruption policies can be politicized is a question open for many other countries that can take a similar path.     

Dr. Death? Professionalism,Virtue, and U.S. Physician Participation in the Death Penalty

In the United States at present, the death penalty is a possible sentence in 31 out of 50 states, as well as within the military and for federal cases. In the U.S., numbers of executions are declining, in part due to moratoriums in place and challenges to execution by lethal injection. Participation by physicians in lethal injection executions has been steadfastly viewed by professional medical organizations as contrary to their ethical standards. However, physicians have participated in lethal injection executions, and the morality of the death penalty itself is a matter of intense social and political debate. Medical ethics commentators and professional organizations have typically held that the prohibition on physician participation in the death penalty is independent of the ethical status of the death penalty itself. This article argues that this view is untenable, and that it is tied to a view of professional role virtue that is similarly untenable. At the same time, it argues that, given the morally uncertain status of the death penalty, it is plausible that virtuous physicians may either refuse or choose to participate in some aspects of the death penalty.     

W.A. Schabas,Nowak’s CCPR Commentary: U.N. Covenant on Civil and Political Rights, 3rd rev. edn.

Netherlands International Law Review -     

America’s unreported economy: measuring the size, growth and determinants of income tax evasion in the U.S.

This study empirically investigates the extent of noncompliance with the tax code and examines the determinants of federal income tax evasion in the U.S. Employing a refined version of Feige’s (Staff Papers, International Monetary Fund 33(4):768–881, 1986, 1989) General Currency Ratio (GCR) model to estimate a time series of unreported income as our measure of tax evasion, we find that 18–23% of total reportable income may not properly be reported to the IRS. This gives rise to a 2009 “tax gap” in the range of $390–$390–540 billion. As regards the determinants of tax noncompliance, we find that federal income tax evasion is an increasing function of the average effective federal income tax rate, the unemployment rate, the nominal interest rate, and per capita real GDP, and a decreasing function of the IRS audit rate. Despite important refinements of the traditional currency ratio approach for estimating the aggregate size and growth of unreported economies, we conclude that the sensitivity of the results to different benchmarks, imperfect data sources and alternative specifying assumptions precludes obtaining results of sufficient accuracy and reliability to serve as effective policy guides.     

Just When You Thought You Understood New Jersey Allocation Law: Implications,Limitations, and Complications in Applying Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n

The New Jersey Supreme Court's recent decision in Farmers Mutual Fire Insurance Company of Salem v. New Jersey Property-Liability Insurance Guaranty Association holding that a 2004 statutory amendment requires all solvent triggered liability policies be exhausted before the Guaranty Association pays statutory benefits for an insolvent's share has created many uncertainties in allocating long-tail liabilities. This article discusses the implications and the significant limitations of the Farmers Mutual decision and the questions it leaves unanswered, and responds to arguments that the decision supports revisiting other situations where New Jersey's Owens-Illinois methodology allocates losses to the insured.     

Felony Forfeiture in England,c.1170–1870

For much of English history, offenders punishable with death also forfeited their possessions. This article offers an overview of this long overlooked practice, demonstrating its continuation through to 1870, describing its contours, and charting how and why it changed over time. Intended primarily as a platform for future work, it also elucidates the history of the felony concept. Furthermore, forfeiture – the original, defining feature of felony – was all about property. Thus, the article also suggests that as long as forfeiture survived, the criminal law was shaped by the changing nature of ‘property’ itself.     

Attitudes,anger, and nullification instructions influence jurors’ verdicts in euthanasia cases

Courts have historically avoided informing jurors about their nullification power (i.e. the power to return a not-guilty verdict when their conscience demands it but the law directs otherwise), fearing that such knowledge would prompt disregard for the law and reliance on attitudes and emotions rather than evidence. We investigated jurors’ inclination to nullify the law in a morally ambiguous case of physician-assisted suicide, testing the impact of euthanasia attitudes on case judgments as well as moderators and mediators of that effect. Mock jurors with pro-euthanasia attitudes were overall less likely to vote guilty than anti-euthanasia jurors, especially when they were given jury instructions informing them of jurors’ power to nullify. Nullification instructions also exacerbated the effect of jurors’ attitudes on anger, disgust, and moral outrage toward the defendant – emotions that mediated the effect of attitudes on verdicts. We also tested the impact of incidentally induced anger on jurors’ reliance on their attitudes rather than the law, given anger’s propensity to increase certainty and heuristic processing. Anger enhanced mock jurors’ reliance on their attitudes under certain conditions. Theoretical and practical implications for understanding juror decision-making are discussed.     

Social Workers’ Attitudes towards Intimate Partner Abuse in Younger vs. Older Women

Intimate partner abuse is defined as threatened or actual physical, sexual, or psychological abuse by a current or former partner. The present study examined responses of 212 social workers, who were randomly assigned one of four case vignettes describing intimate partner abuse. Vignettes varied by age of perpetrator and victim (elderly vs. young) and type of abuse (emotional vs. physical). Social workers tended to define intimate partner abuse against an elderly woman as non-abusive, in contrast to intimate partner abuse against a young woman. As a rule, social workers tended to favor therapeutic interventions more than legal interventions. However, in the case of intimate partner abuse against an elderly woman, social workers tended to prefer legal interventions. Specific training designed to help social workers to better understand their own ageist attitudes (i.e., age related discrimination) should supplement the training of social workers.     

Beyond the census. Reconstructing Dutch women's labour market participation in agriculture in the Netherlands,ca. 1830–1910

Many historians have pointed out for various countries that nineteenth-century national censuses do not accurately reflect women's economic activity. This was no different for the Dutch national censuses. In this article, we argue that under-recording was especially severe in agriculture, and that this problem increased towards the end of the century. The rise in under-recording was partly due to an increased irregularity of women's work on farms, but it also reflected changing living standards and ideologies, in which work was increasingly defined as undesirable for women. In relative terms, agriculture did become less important to men and women alike because of mechanization and industrialization. Nevertheless, agriculture continued to employ many women, especially married women and daughters working on their husbands' and fathers' farms. By offering additional source material and methods for estimating women's labour force participation in agriculture on a regional level, such as relating their occupational status to their husbands', and estimating the number of days worked, we aim to offer an enhanced methodology for gauging the work of women in agriculture, which may be applied to future research.     

Parental Migration,Caretaking Arrangement,and Children’s Delinquent Behavior in Rural China

The purpose of this study was to investigate the associations between parental rural-to-urban migration, caretaking arrangement, and left-behind children’s self-reported delinquency in rural China. The direct effect of parental migration on children’s delinquency as well as the indirect effect through children–caretaker conflict, school bonding, and children’s association with deviant peers are explored. The study uses data from the Parental Migration and Children’s Well-Being Survey, which collected information on parental migration and delinquency from a probability sample of 600 middle school students in southern China. Path models are used to evaluate hypotheses generated from mainstream criminology theories and the literature of immigration and internal migration in rural China. Parental migration and caretaking arrangement has a significant effect on children’s socialization and behavioral outcomes in rural China. Results indicate that pathways to delinquency among left-behind children differ across various caretaking arrangements. Grandparents and other extended family members, when serving as primary caretakers, are challenged to effectively monitor and supervise left-behind children’s interaction with deviant peers, which is the main route to further delinquency. Stay-at-home mothers, on the other hand, have difficulty in developing strong mother–child bonds and in avoiding conflictual and strained relationships with their children. The study highlights the importance of a father’s presence on children’s behavioral outcomes in the context of rural China.     

Disproportionate minority contact in juvenile justice: today’s,and yesterdays,problems

Disproportionate minority contact (DMC) has been a perplexing problem for the juvenile justice system, and recognized as a national priority since the 1980s. The over-representation of minority youthful offenders throughout juvenile court processing, from arrests to dispositions, has not changed even though significant federal and state efforts have been employed. This paper reviews these racial and ethnic disparity problems, and investigates the history of the juvenile justice system and courts, from the eighteenth century to today’s reformation movement, identifying that DMC is not a recent phenomenon. The history of slavery and the Jim Crow Era greatly impacted the establishment of the juvenile courts and child-centered justice efforts, finding disparities at all historical markers where records are available. When reviewing DMC as we know it today through this context, an argument can be made that limited progress has been made over the past 200 years.     

Structural convergence in Russia’s economic transition, 1990–2002

This paper examines structural change in Russia’s transition in 1990–2002 as measured by the changing composition of output, employment, and end use of GDP. Using an international panel data sets as a frame of reference, it calculates a series of indexes to determine the extent to which the Russian economy is converging towards market economies in the course of market transformation. Our methodology lets us analyze the changes in the structural profile of the economy using the entirety of the available data rather than individual performance indicators. We find that Russia has become structurally similar to the benchmark market economies in the upper-middle income group and the lower tier of high-income countries. At the same time, the extent of labor reallocation remains inadequate and Russia’s pattern of consumption remains distorted due to the incomplete price liberalization.

Citizenship,Belonging and Attachment in the ‘War on Terror’

The ‘war on terror’ has had an enormous impact on citizens’ legal rights and legal status. Using data from interviews with British Pakistani Kashmiri Muslims, this paper explores how the change to citizens’ legal rights and legal status in the ‘war on terror’, the legal dimension of citizenship, has impacted the psychological dimension of citizenship. Through denoting legal rights, equality and status the study revealed the powerful role of the state and the police in shaping citizens’ perceptions of the legal dimension of citizenship. The paper explores how changes to participants’ perceptions of their legal status and legal rights are instrumental in shaping the psychological dimension of citizenship—participants’ sense of loyalty, belonging and attachment to their British identity and their Islamic identity.     

European integration assessed in the light of the ‘rules vs. standards debate’

The interplay of various legal systems in the European Union (EU) has long triggered a debate on the tension between uniformity and diversity of Member States’ (MS) laws. This debate takes place among European legal scholars and is also paralleled by economic scholars, e.g. in the ambit of the ‘theory of federalism’. This paper takes an innovative perspective on the discrepancy between ‘centralized’ and ‘decentralized’ law-making in the EU by assessing it with the help of the rules versus standards debate. When should the EU legislator grant the national legislator leeway in the formulation of new laws and when should all be fixed ex ante at European level? The literature on the ‘optimal shape of legal norms’ shall be revisited in the light of law-making in the EU, centrally dealing with the question how much discretion shall be given to the national legislator; and under which circumstances. This paper enhances the established decisive factors for the choice of a rule or a standard in a national setting (complexity, volatility, judges’ specialization and frequency of application) by two new crucial factors (switching costs and the benefit of uniformity in terms of information costs) in order to assess law-making policies at EU level.     

‘Female Husbands’, Community and Courts in the Eighteenth Century

While there was no specific law prohibiting sex between women in the eighteenth century, some women were prosecuted as a consequence of same-sex relationships. These ‘female husbands’, women who married other women under male identities, often lived highly individual lifestyles; but their path through prosecution and punishment involved a much more intricate web of relations. Thus an exploration of their cases highlights important features of the contemporary criminal justice system as well as popular and elite attitudes to the specific offences. In particular, understandings of the role of the community in the discovery, prosecution, and punishment of criminal offences are complicated by an examination of the female husband cases. In a crucial period of change for the legal system, the complexities of its processes as well as the impact of class, gender, and culture are exposed. Light is shed upon the shifting roles and interests of the individual, the local community, and the courts at a point when criminal cases were in the early stages of a shift from private prosecution and public punishment to greater formality and state control. These unusual cases bring into focus the complex role of community relationships in an evolving legal system.     

Working women in France,nineteenth and twentieth centuries. Where,when, and which women were in work at marriage?

We look at women's labour force participation for the whole of France in the nineteenth and twentieth centuries. We study to what extent young women were working at the time of their marriage, in which occupations, and how differences in labour force participation might be explained. Using a sample of 53,451 marriage records from the TRA project, we identify regional and temporal differences in rates of female labour force participation and in types of work in France between 1860 and 1986.We observe rather stable levels of female labour force participation between 1860 and 1950 of about 60 per cent, but higher levels in the second half of the twentieth century. Over time, women started to work across virtually all occupational sectors. Regional differences declined over time but continued to exist in the late twentieth century. We formulate a set of hypotheses to explain which women worked, taking into account their resources, as well as their expectations, in a male-breadwinner-dominated society. The results of our hierarchical logistic analysis indicate that women with fewer parental resources were more likely to work.