Youth, Police Legitimacy and Informal Contact

This paper explores the under-researched topic of young people’s attitudes towards police in two studies using structural equation modelling. The first study examines the influence of police legitimacy on the willingness of young people to assist police. The second study examines the impact of informal contact with police during a community policing project on young people’s willingness to assist police. Findings show that young people who view police as legitimate are more willing to assist police. Participation in the community policing project had a significant and positive influence on young people’s willingness to assist police independent of young people’s attitudes about police legitimacy.

Desistance or Displacement? The Changing Patterns of Offending from Adolescence to Young Adulthood

Research has devoted substantial attention to patterns of offending during the transition to early adulthood. While changes in offending rates are extensively researched, considerably less attention is devoted to shifts in the type of offending displayed during the transition to adulthood. Changes in the type of offending behavior suggest a pattern of “displacement” or shifts between various types of crime, rather than desistance from deviant behavior. In this paper, I integrate methods previously developed in stratification research and use longitudinal data from the National Survey of Youth that span the transition to adulthood to examine the extent to which desistance and displacement of deviant behavior are defining attributes of offending during the transition to early adulthood. The findings indicate that while desistance is clearly present, altering patterns of offending, or within-person displacement, rather than termination of illicit activity is most evident in the data.

Marriage and Desistance from Crime in the Netherlands: Do Gender and Socio-Historical Context Matter?

Over the last two decades, research examining desistance from crime in adulthood has steadily increased. The evidence from this body of research consistently demonstrates that salient life events—in particular, marriage—are associated with a reduction of offending across the life course. However, previous studies have been largely limited to male samples in the United States. As a result, questions regarding the universal effect of these relationships remain. Specifically, research is needed to assess whether the desistance effect of life events like marriage varies by gender and/or socio-historical context in countries other than the U.S. The present research addresses these gaps by examining the relationship between marriage and criminal offending using data from the Criminal Career and Life Course Study (CCLS). The CCLS includes criminal conviction histories spanning a large portion of the life course for nearly 5,000 men and women convicted in the Netherlands in 1977. Because we assess change over multiple observations within and between individuals, we utilize hierarchical models to estimate gender and contextual effects of marriage on criminal offending (i.e., any, violent, and property convictions). Overall, we find consistent support for the idea that marriage reduces offending across gender and socio-historical context. Notably, we find that the reduction in the odds of offending due to marriage is significantly greater for individuals in the most contemporary context. The implications of these findings are discussed.

Can Cohort Replacement Explain Changes in the Relationship Between Age and Homicide Offending?

This paper focuses on shifts in the age distribution of homicide offending in the United States. This distribution remained remarkably stable with small but significant changes over a long period of time. Then between 1985 and 1990 the rates of homicide offending doubled for 15-to-19 year olds and increased nearly 40% for 20-to-24 year olds, while the homicide offending rates decreased for those over 30. In addition to this “epidemic of youth homicide,” which lasted through the mid-1990s, there have been systematic changes in the age distribution of homicide in the United States associated with cohort replacement over the past 40 years. We introduce an estimable function approach for estimating the effects of age, period, and cohort. The method allows us to assess simultaneously the impacts of periods and cohorts on the age distribution of homicide offending. We find that although the age curve remains relatively stable, there are shifts in it associated systematically with cohort replacement. Cohort replacement accounts for nearly half of the upturn in youth homicides during the epidemic of youth homicides, but a significant fraction of that upturn is not associated with cohort replacement.

Legal moralism and retribution revisited

This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm principle against legal moralism cannot be cabined in such a way as to leave intact other positions that many liberals want to defend—in particular, certain fundamental constitutional rights and character retributivism in criminal sentencing. In the second part of the essay, he expresses serious doubts—some inspired by Nietzsche—about the versions of character retributivism that he had once enthusiastically defended and now describes himself as no more than a “reluctant retributivist.”

Institutionalized corruption: power overconcentration of the First-in-Command in China

Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses four institutional innovations designed to prevent FIC corruption.

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On special protections for rescuers and helpers

There is something intuitively correct about singling out emergency workers for legal protection, and for criminalizing not just assault, but obstruction. Moreover, at least one sophisticated theory of right and wrong – Scanlon’s—indicates some deep reasons for endorsing these intuitions. After applying Scanlon’s theory in the relevant way, I want to argue that the same grounds it provides for recent Scottish legislation and UK sentencing guidelines can also be given for punishing more seriously offences that current English law trivialises.

Subterranean Sources of Juvenile Delinquency in China: Evidence from Birth Cohort Surveys

This article examines possible reasons for the dramatic rise in Chinese juvenile delinquency rates that have occurred since the start of economic reform. The article focuses on the degree to which relatively recent modifications in the ideology and practice of Chinese communism have engendered new social pressures and strains on young people. Delinquents’ social values are compared with those of non-delinquent youth, drawing heavily from data collected in a longitudinal birth cohort study. The dataset is assessed for evidence of subterranean values; i.e., subculture-based reflections of principles found within the dominant political culture; based on the theory that youthful deviance and delinquency in China are fueled primarily by the relatively rapid diffusion of often-contradictory market-based precepts. The lingering impact of Maoism is also assessed, particularly with regard to incongruous ideological influences on youth.

The Silence of the Lambdas: Deterring Incapacitation Research

This essay provides an economist’s perspective on criminological research into incapacitation effects on crime. Our central argument is that criminologists would do well to substantially scale back the enterprise of trying to estimate the various behavioral parameters central to a micro-level approach to measuring incapacitation effects, including the annual rate of offending outside of prison (λ) and the lengths of criminal careers. One problem with this line of research is practical: for example, mean estimates of self-reported criminal activity by incarcerated prisoners are quite sensitive to reports by the most criminally active offenders. But the larger concern is conceptual—the incapacitation effects from a given change in sentencing policy may be undermined by the possibility of replacement effects, and at the same time omit other benefits that may arise from deterrent effects on crime. A more promising approach is to identify plausibly exogenous changes in sentencing policy in order to estimate the net impact on crime from the combined effects of incapacitation, deterrence and replacement.

Becoming ‘European’ through police reform: a successful strategy in Bosnia and Herzegovina?

Police reform plays a key role in Bosnia and Herzegovina’s internationally-supervised statebuilding process. It is one of the four key conditions to move the country closer to its European future. Against this background the article analyses the role that the European Union Police Mission (EUPM) plays in preparing Bosnian police agencies for this challenge. Using as guiding tools some of the key elements of the Mission’s leitmotif—local ownership, European police standards—the article comes to the conclusion that EUPM has introduced much needed reforms but these have been overshadowed, among other things, by the police restructuring process and its unnecessary politicisation of “European police standards/practices” to fit a model of statehood not shared by all local stakeholders.

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Torn between two targets: German police officers talk about the use of force

Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany, the article presents the results of an empirical study on the individual and collective legitimization of the use of force by German police officers. There are numerous justifications for the use of force expressed by focus group participants in eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups, reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence, the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur, although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions, it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They have different influences on the individual legitimization of police actions, intertwined with the perception of the situation as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification for the use of force.

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Why criminal harms matter: Plato’s abiding insight in the Laws

Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first—namely, Plato’s one-paragraph discussion in the Laws. Plato’s discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender’s desert is solely a function of his subjective willingness to act in disregard of the legitimate interests of others, with the view that criminal sentences can appropriately be made to depend upon how indignant, angry, and upset society is at an offender based upon the results of his culpable conduct. In doing so, Plato casts light on retributive theories of punishment by suggesting that an adjudicator can be committed to retribution and yet rightly believe that it is inappropriate to give an offender the full punishment he deserves. He also lays a basis for the view that causation, rather being predicates for the just punishment of offenders toward whom the public is intuitively angry for harm, is the consequence of the public’s being intuitively angry at offenders for harm.

Wasting innovation: barriers to entry and European regulation on waste electronic equipment

The European Directive on Waste Electric and Electronic Equipment 2002/96/EC distorts incentives in regulated markets. Treatment of ‘historical waste’—i.e. products sold prior to 13 August 2005—is financed by all firms in the market at the time of disposal. This stimulates excessive pre-regulation output by incumbents for two reasons: a costs sharing effect and entry deterrence. Entry deterrence is achieved by raising the common costs of waste disposal. Entry is a main driver of innovation in the affected industries. The feasibility of a first best policy is discussed and an alternative rule superior to the status quo is presented.

The Czech transition banking sector instability: the role of operational cost management

In this article we show—using the estimated cost efficiency of banks—that besides the risk (proxied by the share of non-performing loans), the quality of operational cost management was an equally important determinant of bank failure risk during the decade of banking sector transformation in the Czech Republic.

Support for Harsh Criminal Sanctions and Criminal Justice Beliefs: A Social Dominance Perspective

Much of the criminal justice literature indicates that people’s support for harsh criminal sanctions such as the death penalty is strongly related to their beliefs about deterrence and their beliefs about retribution. In this paper, using social dominance theory as our organizing framework, we expand upon this literature by showing that social dominance orientation (SDO) is also related to support for harsh criminal sanctions, as well as to deterrence and retribution beliefs. In addition, we show that the relationships between SDO, on the one hand, and support for various forms of severe criminal sanctions, on the other, are mediated by deterrence and retribution beliefs.

The end of organised crime in the European Union

So much has been written—and vigorously contested—about ‘organised crime’ (OC) that the impending fall of this familiar icon may come as a shock, both to its detractors and to those who take it for granted. Yet that moment may be upon us, for reasons that this paper will explore, as the European Union shifts the vocabulary within which policies on police cooperation are articulated. A pivot of this change is the EU Council Decision on Europol, first debated by the Council in late 2006 and anticipated as applying from 2010 onwards. This will shift the scope of Europol’s work from ‘organised crime’ (attributing qualities to criminality) to ‘serious crime’ (concern with impacts and harms falling on individual and collective victims); will transfer financing of Europol to the Community budget; and so will initiate parliamentary scrutiny. These issues in security governance are explored from ‘northern’, ‘southern’ and ‘eastern’ European perspectives and in the contexts of ongoing enlargement and democratisation of the EU.

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Determinants of turnover intentions among Chinese off farm migrants

This study examines the determinants of turnover intentions of off farm migrant workers, using data collected from China’s Jiangsu Province. Turnover intention is posited to be a function of demographic/human capital characteristics, job characteristics and job satisfaction. We find that higher levels of education have a positive effect on reported turnover intentions, while higher income and job satisfaction have a negative effect on turnover intentions. To the extent turnover intentions represent a good proxy for actual turnover, the results can be viewed as providing reliable predictors of job mobility among off farm migrant workers at a time when there is a growing shortage of such workers in China’s coastal provinces.

Judicial Review,Irrationality, and the Legitimacy of Merits-Review

The definition of the irrationality ground of judicial review recognises the constitutional principle of the separation of powers, in allowing for judicial control of the executive only very rarely. The author in a previous article in this study found that the courts, on occasions, had intervened in circumstances where administrative decisions arguably were not irrational. To this end, the purpose of this article is to assess the constitutionality of these seemingly low standards of irrationality. The author does so by reference either to the manner of review employed—the use of the proportionality principle, for example—or the context of the administrative decision under scrutiny, such as the infringement of the applicant’s fundamental rights. The author finds that the cases from the previous article where low standards of irrationality were arguably adopted were, in fact, legitimate according to these chosen methods of evaluation. However, this is an interim conclusion because, for reasons of word length, the author is unable to complete a full assessment here. It is therefore proposed that a subsequent article will continue to examine the constitutionality of these cases. Furthermore, the author will also try and establish a zone of executive decision-making, for reasons of democracy, where the courts are excluded from irrationality review. If the author is unsuccessful in this regard, the final conclusion of this study will inevitably be that low standards of judicial intervention exist without limit—a clear assault on the constitutional principle stated above.

The Politics of Caesura: Giorgio Agamben on Language and the Law

The concept of division or caesura is central to the political and legal philosophy of Giorgio Agamben. This paper examines the different ways in which Agamben characterises the law in terms of caesura, and the manner in which this analysis of law is grounded in his analyses of language. I argue that there are two forms of legal division to be found in Agamben’s political analyses. The first is the division that occurs when the legal system produces determinate identities, such as those of nation, and socio-economic status. However, this form of division is itself predicated upon the division that delimits the law as such, the caesura between political and bare life. The way that Agamben sets up both of these political problems is deeply indebted to his analyses of the ‘presuppositional structure’ of metaphysical language—the fracture between signification and its excess.

Philosophy of Law Against Sovereignty: New Excesses,Old Fragmentations

The only way of entering the world of ‘fragmented law’ (or ‘societal constitutionalism’) is arguably to make normative fragmentation correspond with constituent excess. As Foucault would say, once we are involved in an ‘epistemic crisis’, we must then modify those systems that organise knowledge in conjunction with the very forms that produce it. This contribution considers some privileged forms of critique and reconstruction beyond normative fragmentation and essentially argues in favour of governance dynamics, as well as for ontological devices engaged in the production of subjectivity.