DEALING EFFECTIVELY WITH CROWDED JAILS: THE JUDGES' ROLE

That there is a jail crowding problem is well documented. The problem of jail crowding must b e acknowledged as one demanding the involvement of all key criminal justice actors. Judges have been identified as key decisionmakers playing a pivotal role in managing case flow and influencing jail population levels. What, then, is or should be the role of judges in dealing specifically with jail crowding? Conventional responses to this question have focused on either the role of the federal judge, who in the course of presiding over a case involving jail conditions is called upon to manage a facility, or the role of a trial judge in making sentencing decisions. Recent research efforts have recognized that a nexus exists between judicial and correctional systems that extends beyond overseeing and sentencing roles. This paper intends to expand the notion o f interdependence to encompass the entire criminal justice system with emphasis on the judge's contribution. Judges' decisions concerning the issuance of summonses, setting and reviewing bail, continuances and sentencing bear directly on the number of offenders in jail and/or length of the ir confinement. In numerous jurisdictions, judges have been instrumental in instituting changes aimed at dealing with the jail crowding problem and resulting in improvements in case processing. Judicial system-wide leadership has resulted in the establishment of guidelines for pretrial services personnel to be used in releasing certain defendants pretrial and in making pretrial release recommendations for others in one jurisdiction and the institution of a policy prohibiting the detention of misdemeanor defendants—a major factor in reducing the jail population–in many other jurisdictions. Increased use of nonfinancial pretrial release options by judicial officers was a key element in achieving a substantial drop in the jail population in several communities. Judges have introduced delay reduction strategies which have served to expedite case processing as well as minimize the number of detainees in jail. Judges have also successfully implemented a full range of sentencing atternatives, including community service, restitution and treatment programs for persons convicted of alcohol or drug-related offenses. This paper provides information on specific policies and procedures which have had a demonstrated impact on jail population levels without detracting from the operations of courts and, in most instances, contributing to improvements in judicial administration.     

THE USES OF JAIL CONFINEMENT IN THREE COUNTIES

This study uses a longitudinal approach to study the characteristics of pretrial inmates and court dispositions of their charges in three jails. Over 1,300 inmates were tracked from the point of booking through court disposition. The results indicate that a majority of the inmates booked into the jails are charged with relatively minor offenses and that most have less serious misdemeanor arrest and conviction histories. Very few or none of the defendants at each site were sentenced to prison and, at most, about one-fifth of the defendants were sentenced to any additional jail time upon conviction. Policy implications of the results are briefly discussed.     

The evolution of a bail reform

This paper analyzes an attempt to reform the bail system through the development of procedures increasing the use of pre-trial release on own recognizance. A motivating question for the study is the extent to which criminal justice systems are organized to improve their performance over time. This depends upon the ability to generate new ideas, screen them, implement the good ones successfully, and diffuse those successfully implemented to other areas. How any particular reform evolves depends upon a variety of economic, political, and organizational factors. An evolutionary economic framework is used in an attempt to describe the interaction of these factors coherently. The paper suggests that (1) the reform as initially developed did represent an improvement; (2) considerable deterioration occurred over time after implementation; (3) diffusion was widespread with variable performance improvement; (4) an important benefit was the development of a spin-off reform; and (5) there is a general misorganization of resources at the local level for research and development efforts of criminal justice systems.Much of this research was undertaken while the author was in the stimulating environment of the Institution for Social and Policy Studies, Yale University. Numerous individuals provided helpful suggestions and criticisms during the course of this study; I am grateful to them all. Robert Goldfarb, Merton Peck, Daniel Freed, and C.B. McGuire provided detailed criticisms which were enormously helpful. Particular thanks are due Richard Nelson for giving me a good credit rating as my intellectual debt to him continues to grow. Finally, I would like to thank the public and private officials who, by responding frankly to my interview queries, have made this study possible.     

Government Communication Effectiveness and Satisfaction with Police Performance: A Large‐Scale Survey Study

For the last two decades, performance management theories and practices have focused on outcome‐oriented management but have paid little attention to the role of public communication. Using multiple large data sets from Kansas City, Missouri, for 2009–14, this research suggests that the perceived effectiveness of public communication has a more substantial impact on public satisfaction with police protection and crime prevention than neighborhood crime rates and broken windows factors and that perceived effectiveness moderates the negative impact of crime rates. After controlling for residents’ demographic characteristics, the authors find that the perceived effectiveness of communication is associated with public satisfaction with the content and quality of the city website and the government television channel. The implications for public safety management and police–citizen relations as well as directions for future research on public communication strategies and public performance management are presented.     

Prosecutorial regulation in the Global South: Environmental civil litigation by prosecutors in China compared to Brazil

Brazil's successful prosecutorial civil action against polluters could be a regulatory example for the Global South. This paper analyses whether such regulation could also develop without the major political, institutional, and legal reforms that spurred it in Brazil. To do so, it analyzes China, where similar reforms have so far not occurred, but where prosecutors have recently started to initiate civil litigation against polluters. It finds that prosecutorial civil litigation in China has only a limited regulatory effect or potential. Prosecutors in China are influenced by conflicting incentive structures that reward one‐off lower level test cases with an innovation bonus, while structurally stimulating a focus on general crime fighting. Ironically, as a result of such incentives, the recent legal reform, toward providing standing for prosecutors in public interest litigation, will, in contrast to Brazil, decrease rather than increase the regulatory effect of these cases. These findings have implications for understanding how the interaction between regulatory independence, legal reform, and regime type shapes possibilities for regulatory innovation in the Global South.     

Downsizing the civil service in developing countries: golden handshakes or smiling farewells?

Some researchers have suggested innovative ways to successfully implement civil service reform in developing countries. Although most approaches to implementing public sector management reform are still very much process-driven, and focus almost exclusively on civil service reform, long-term success in making the public sector more efficient may be better assured if civil service reform is but one outcome of a broader public sector management reform agenda. Particularly, re-focussing from traditional input-driven reform thinking towards output-oriented measures, such as the introduction of accrual budgeting in the public sector, may well result in greater popular acceptance and, thus, longer-term success for sensitive reform programs. Although output-driven accrual budgeting is by no means a panacea for all public sector illnesses, it can at least set the scene for profound and durable cultural change in the public sector. © 1998 John Wiley & Sons, Ltd.     

The Public's Increasing Punitiveness and Its Influence on Mass Incarceration in the United States

Following more than 30 years of rising incarceration rates, the United States now imprisons a higher proportion of its population than any country in the world. Building on theories of representation and organized interest group behavior, this article argues that an increasingly punitive public has been a primary reason for this prolific expansion. To test this hypothesis, I generate a new over‐time measure of the public's support for being tough on crime. The analysis suggests that, controlling for the crime rate, illegal drug use, inequality, and the party in power, since 1953 public opinion has been a fundamental determinant of changes in the incarceration rate. If the public's punitiveness had stopped rising in the mid‐1970s, the results imply that there would have been approximately 20% fewer incarcerations. Additionally, an analysis of congressional attention to criminal justice issues supports the argument that the public's attitudes have led, not followed, political elites.     

New Labour and Government in Britain: Change or Continuity?

The 1997 British election marks a major change in British government. Eighteen years of Conservative rule had brought about growing inequality and social division and have generated powerful demands for new directions in public policy, especially in the areas of welfare and public administration. On welfare state reform Labour is constrained by election promises to restrain taxation and public expenditure. New Labour ministers influenced by the New Right have in any case largely rejected traditional social democratic redistributive strategies and are seeking instead new ways of reducing welfare dependency.
The virulent spread of quangos at all levels of government and a marked increase in the centralisation of power in Whitehall have given a new impetus to demands for constitutional reform. Labour's response to these demands is a major program of regional devolution, House of Lords reform and open government measures.
This article explains what 'New Labour' means and discusses New Labour policies on welfare and constitutional reform and their implications for the future of public administration in Britain.     

FLYING BLIND? EVIDENCE FOR GOOD GOVERNANCE PUBLIC MANAGEMENT REFORM AGENDAS,IMPLEMENTATION AND OUTCOMES IN LOW INCOME COUNTRIES

Although considerable resources and attention have been allocated to recent ‘good governance’ public management reform in low income and fragile states, there is little evidence as to what degree this agenda has been implemented nor as to whether it has led to improved services and outcomes for populations. To address this lacuna, we conduct a review of the large but almost entirely qualitative literature on good governance reform in the 49 countries classed as low income by the United Nations. We find only a small number of documents that link good governance public sector reform agendas with implementation. Fewer still assess outcome. We conduct an empirical analysis of the relationship between reform agenda (using data from the literature review), implementation, service delivery and outcomes, as measured by performance on Millennium Development Goals indicators. We report that there is little, if any, empirical evidence that reform enhances service delivery. Copyright © 2012 John Wiley & Sons, Ltd.     

Penal Populism and the Public Thermostat: Crime,Public Punitiveness,and Public Policy

This article makes the case that feedback processes in democratic politics—between crime rates, public opinion, and public policy—can account for the growth of penal populism in Britain. It argues that the public recognize and respond to rising (and falling) levels of crime, and that in turn public support for being tough on crime is translated into patterns of imprisonment. This contributes to debates over the crime–opinion–policy connection, unpacking the dynamic processes by which these relationships unfold at the aggregate level. This uses the most extensive data set ever assembled on aggregate opinion on crime in Britain to construct a new over‐time measure of punitive attitudes. The analysis first tests the thermostatic responsiveness of punitive attitudes to changes in recorded crime rates as well as self‐reported victimization, and then examines the degree to which changes in mass opinion impact on criminal justice policy.     

Public finance management reforms in Somalia: a case study on Somalia's finance professionals

There is an unprecedented and pressing need for a major legislative public financial management reform in Somalia to bolster the technical and professional efforts of implementing a modern system of public financial management across the country. Currently, there is no independent auditing authority to enable citizens to access information on the use of public resources. However, the success of any reform depends on establishing strong public budgeting systems as well as developing strong public finance training programs and policy linkage on financial management policies and procedures.     

Hate Crime: Record or Perception?

Public policing in Northern Ireland has gone through a process of reform and governance change in reaction to the peace process and the requirement to shift from a police force, largely engaged in conflict-centred policing, to a policing service dedicated to civil policing and normalisation. During the past decade, Northern Ireland has witnessed a significant decline in recorded sectarian crime. This decline in ethnic conflict has been accompanied by a growth in support for the police, especially within the Catholic community. However, information pertaining to support for public policing is determined at national level and we know little about how residents of sites of previously high levels of political and sectarian conflict feel about policing reform and delivery. In this paper we show that the perception of sectarian crime is much greater than recorded sectarian crime. Moreover, the perception of sectarian crime is a significant predictor of negative attitudes regarding police performance. The paper offers a unique quantitative insight into perceptions of sectarian crime and posits a predicament that is not discussed or debated with regard to the delivery of community policing. The evidence presented offers a benchmark upon which such a debate could occur. We argue that knowledge of sectarian hate crime should not be centred at the national level, but at the more discrete scale of neighbourhood. Perceptions, whether linked to reality, signal or prejudice, can at times destabilise the peace-building process, yet are rarely attended to or discussed. Knowing the difference between recorded and perceived crime as either sectarian exaggeration or actuality would aid localised police-community interaction. Here we provide a statistical basis to stimulate such enquiry.     

Better Performance with Performance Budgeting? Analyzing Cases of Success and Failure in Public Administrations

ABSTRACT

The introduction of performance budgeting has substantially changed the working environment of public managers. Changes include a shift from input to outcome orientation as well as more freedom to manage. However, current public management theories are unable to explain why performance budgeting sometimes fails. This article proposes a causal model that integrates three contextual factors and two individual factors in order to explain the diverse results. The model is tested with cases generated from interviews with Swiss public managers. The compiled data suggests that the type of tasks in a department as an antecedent variable and the perceived freedom of public managers have a dominating influence on the perceived reform outcome. Other factors, such as the behavior of the legislature, the project management and the prior career of managers, tend to be less important. These results contribute to the scientific discourse about success factors for performance budgeting in public administrations.     

关于新刑诉法中社会危险性规定的思考

新刑诉法出台后,学界及司法实务界对其展开了热烈讨论.其中对于社会危险性的细化规定被视为尊重和保障人权、降低审前羁押率的重要举措.但是通过考察我国司法实践中逮捕必要性的相关规定,以及结合我国司法工作的实际情况来看,试图仅仅依靠该规定来降低畸高的审前羁押率是不大现实的,还必须建立一系列的工作制度进行配套完善.     

Public sector reform in Sub‐Saharan Africa: what can be learnt from the civil service performance improvement programme in Ghana?

This paper focuses on public sector management reform ‘best‐practice’ case experience from Sub‐Sahara African (SSA). Given that ‘best‐practice’ is a relative concept and often debatable, the paper uses the Ghana Civil Service Performance Improvement Programme (GCSPIP) experience as rather a ‘good‐practice’ case with the view to sharing the outcome and lessons to encourage collaborative‐learning. It seeks to share the outcome and lessons learnt by the Ghana civil service reform with future public service reformers and to contribute to the literature. The paper concludes with an adaptable three‐dimensional framework. The framework argues that successful future public service reform (PSR) should consider three broad issues: first, are the ‘critical success factors’, including wholehearted political leadership commitment; wholehearted bureaucratic leadership commitment; thoughtful synergistic planning/preparation; patience for implementation and evaluation; capacity to convince; neutralise and accommodate reform‐phobias and critics; sustainable financial and technical resource availability and conscious nurturing of general public support. Second, is the need for reformers to appreciate the concerns of the public and the civil society scepticism of public ‘institutions’ and its ‘operatives’ and finally placing any reform programme in a country‐specific context, including understanding its history, culture, politics, economy, sociology, ideology and values. Copyright © 2008 John Wiley & Sons, Ltd.     

关于铁路犯罪现场勘查课程建设的调查与思考

铁路犯罪现场勘查课是铁路公安院校专业特色课程建设的重要内容之一。目前铁路公安实战 单位与犯罪现场勘查工作有关的情况,主要表现在以下几个方面:一是各铁路公安局、处技术力量不均衡,二 是犯罪现场勘查设备有了一定的更新,三是对犯罪信息的重视程度有了明显的提高,四是铁路犯罪现场状况 有了新的改变,五是铁路犯罪现场构成具有鲜明特色。加强铁路犯罪现场勘查课程的研究,在深入探讨铁路 犯罪现场的特定构成,为铁路公安实际勘查操作提供切实可行的程序、方法,建立铁路犯罪现场勘查的理论 体系,促进铁路刑事案件查破工作水平的提升等方面都具有非常重要的意义。     

Can text messages reduce incarceration in rural and vulnerable populations?

Reducing failures to appear (FTA) in court is a top priority for criminal justice practitioners and advocates. However, existing work on reducing FTAs through text message reminders focuses on large urban jurisdictions and defendants who are housed. Using a field study in Shasta County, California, we evaluate whether text message outreach can increase court appearances for housed and unhoused populations. We find housed defendants randomly assigned to the treatment group were 10% less likely to miss their next scheduled court date than defendants in the control group. We find no statistical difference in the FTA rate of unhoused individuals assigned to treatment or control groups, and cannot rule out large positive or negative effects. We find that improving the quality of contact information in court records could lead to large reductions in FTAs. Partnering with local social service providers may not, but more research is needed.     

THE PLURALITY OF FACTORS INFLUENCING POLICYMAKINC: SCHOOL REFORM LEGISLATION IN THE AMERICAN STATES, 1982–84

This paper attempts to explore recent efforts of American state legislatures to improve the quality of public schools. Which state legislatures have passed school reform legislation? At what aspects of public education is this reform legislation aimed? Are there significant variations across states in such reform legislation? What has contributed most to the passage of such legislation? Is it the socioeconomic characteristics of individual states or the structural and procedural characteristics of their legislative branch that better explain school reform legislation? Analysis of data from the 50 states reveals greater variation in legislative results that reform public schools. The regional locus of most reform was the south. Most importantly, school reform legislation was found to be influenced by the interaction of a multitude of divergent forces. This finding suggests that researchers interested in the determinants of legislative action must move beyond analysis of whether economic or political forces shape legislative outcomes to inquire how economic, political and other forces interact when a given reform effort reaches the legislative halls of the states.     

Understanding xenophobic hate crime in South Africa

Hundreds of violent incidents of anti‐immigrant hate crimes have been recorded in South Africa over the past two decades. Understanding how the public views this issue helps us better understand how it can be resolved. The paper identifies determinants of public attitudes towards anti‐xenophobia strategies. Data from the South African Social Attitudes Survey for the period 2015–2018 were used for this study. Using these data, the link between anti‐immigrant sentiment and lay attributes of anti‐immigrant violence can be mapped. The results show that most citizens externalise the causes of this kind of hate crime and blame the victims (i.e., foreigners) for the conflict. What people believe about the etiology of an intergroup conflict was found to influence their desire for conflict resolution as well as the type of solutions preferred. Victim blaming was found to predict the adoption of prejudicial solutions to anti‐immigrant hate crime (such as the mass expulsion of foreign nationals). If an individual attributed the violence to the internal attributes (e.g., emotional factors or beliefs about foreign nationals) of the perpetrators, they were more likely to adopt progressive solutions (such as education and awareness campaigns).     

Civic implications of restorative justice theory: Citizen participation and criminal justice policy

Restorative justice, a normative theory and reform movement emphasizing dialogue and reconciliation between victim, offender, and community, is a widespread, if experimental, part of the practice of criminal justice in the United States. This essay argues that restorative justice draws connections between civic engagement and punishment practices that distinguish it as a normative theory of criminal justice. Advocates of restorative justice expect the growth of non-punitive attitudes and the weakening of support for incarceration to emerge from a public and lay-oriented context of adjudication. The role of lay participation in achieving social change, although prominent in restorative justice critiques of mainstream criminal justice norms and practices, has not been clearly articulated in practical terms. Significant ambiguities remain regarding the degree of lay participation, scope of authority, and the focus of restorative justice forums. The essay argues that an adequate assessment of restorative justice experiments should include an analysis of their impact on public attitudes towards crime and crime control policy and not simply on their impact on the specific victims and offenders involved. The link between less incarceration and restorative justice forums is public willingness to grant them the authority to hear and sanction offenses that would ordinarily receive incarceration. Whether and how they can influence broader public attitudes, then, is a critical test of restorative justice effectiveness.