The Economics of Bail Setting and Social Welfare

In most jurisdictions, there is a statutory preference for releasing on bail an accused in custody that has not yet been convicted unless the accused is charged with very serious offence like homicide. Nonetheless, the courts are vested with the powers to decide on the quantum of bail or to even refuse bail outright. To induce the defendant to surrender for trial [Lim, B.-T., & Quah, E. (1998). Economics of bail setting. Bulletin of Economic Research, 257–264] demonstrate that the bail quantum should be based on the expected cost of punishment and the probability of re-arrest if the defendant jumps bail. However, there are costs to society if the defendant absconds, which include, inter alia, the cost of re-arresting the defendant. In this paper, we derive the optimal bail quantum on the assumption that the probability of re-arrest and the penalty for absconding are chosen by the courts whose objective function is to minimize the sum of the expected harm to society and the net costs to law enforcement if the defendant jumps bail. The cost and benefit of being released on bail are examined. A model is proposed which may be useful to the court officials in bail setting as an effective means to secure the defendant's attendance at trial as well as to achieve social equity.     

The Right and the Duty: Jefferson,Sedition and the Birth of the First Amendment's Central Meaning

When the right and duty to criticize government and its officials is under attack in the United States, the democracy is threatened. The idea of holding those in power accountable, and its origin, assume particular importance. While this “central meaning” of the First Amendment culminated with Justice William Brennan's New York Times Co. v. Sullivan opinion in 1964, the process of discovering that meaning actually began more than a century and a half before. Near the end of the eighteenth century, a political battle ensued over the meaning of the First Amendment. The Alien and Sedition Acts of 1798 were signed into law by a chief executive who sought to control political criticism of him and the government over which he presided. This article focuses on the role of Thomas Jefferson in the resistance to these laws. This battle, according to Justice Brennan, “[F]irst crystalized a national awareness of the central meaning of the First Amendment.” This article posits that this conflict resulted in birth of the modern First Amendment – the discovery of its central meaning – and is premised on the notion that revisiting the events described herein is especially relevant within a period in which officials in high office threaten speech and press rights.     

Reconsidering the Relationship Between Welfare Spending and Serious Crime: A Panel Data Analysis with Implications for Social Support Theory

Several researchers have found an inverse relationship between welfare spending and serious crime. With few exceptions, these findings have been based on cross‐sectional designs, single measures of welfare spending, and few indicators of crime. In response to these limitations, the relationship between welfare spending and crime was reconsidered using panel data from California counties. Fixed‐effects regressions revealed virtually no relationship between several measures of welfare spending and five types of serious crime: (1) homicide; (2) robbery; (3) assault; (4) burglary; and (5) larceny. The estimates were resistant to numerous robustness checks and alternative specifications. The most plausible explanation for the findings is that heterogeneity was not controlled for in previous studies. Implications for social support theory are discussed.     

追续权:艺术家的福利

追续权是一项平衡艺术家与艺术品经营商之间经济收益分配的著作权法律制度.1920年,法国最早确立了追续权制度,后有五十多个国家引入该制度,我国《著作权法》第三次修改草案中增设了有关追续权的规定.追续权是艺术作品的作者从艺术品转售中获得收益的权利,是著作权中的报酬请求权,追续权的行使以获得销售信息为前提,并依赖于著作权集体管理组织,追续权如能得到著作权法的确认,还须制定具体的可操作的法律规范.     

福利社会与发展中的斯堪的纳维亚福利国家

欧洲各国致力于福利国家的建设已逾百年,经历了两次世界大战.各国在社会投入水平和福利机构方面的巨大差异至今仍在,但是各国对于福利社会的可持续性的认可和公众对福利社会的高度承诺则是基本一致的.各福利社会有来自各方面的维系:中央政府或地方政府、公司企业、家庭和自发组织的机构.不同的福利社会体系与它们之间的关系长期以来对欧洲各福利国家有着不同的意义,形成了具有不同特点的福利制度.在20世纪最后十年里重建福利国家的痛苦过程中,经济增长和社会发展之间的关系一直是整个斯堪的纳维亚地区社会问题的争论热点.然而到目前为止,效率与平等之间的冲突大多得到了解决,在北欧五国都保持了福利政策的稳定.该地区独特的历史经验并不排斥发展中国家的政府和机构为了发展福利事业而积极推行普及政策所做出的努力.     

Serious and Violent Juvenile Crime: A Comprehensive Strategy

Abstract OJJDP is actively involved in the Department of Justice's “Pulling America's Communities Together” (PACT) program. Developed at the direction of Attorney General Janet Reno, this initiative is designed to provide training, technical assistance and program development resources to participating jurisdictions address violence in their communities. Four jurisdictions have been selected to date: Denver, Omaha, Atlanta, and the District of Columbia. In addition to making its wide range of training and technical assistance resources available to these jurisdictions, OJJDP is helping the sites assess their juvenile justice systems and develop plans to implement the Comprehensive Strategy. To help jurisdictions begin assessing their systems and existing youth violence problems, OJJDP is preparing a juvenile violence fact book, called “The State of Juvenile Justice.” In addition to presenting statistical data on the nature and scope of the problem across America, the fact book will encapsule program and policy positions of major juvenile justice professional associations regarding youth violence. Such knowledge will assist local jurisdictions in developing their own positions, strategies and programs. In addition to NCJFCJ, other groups such as the American Probation and Parole Association, the National Juvenile Detention Association, the American Correctional Association, and the Coalition of Juvenile Justice State Advisory Groups have been invited to participate in development of The State of Juvenile Justice document.     

The Sooner the Better: The Arguments for the Use of Extended Welfare Assessment Grids in Animal Welfare Cases

Animals are protected under national animal welfare legislation, against intentional acts of cruelty and a failure to act, resulting in neglect and causing an animal to suffer. The Royal Society for the Prevention of Cruelty to Animals (RSPCA) bears the responsibility of investigating and prosecuting the majority of animal welfare offences in England and Wales. In recent years, how they operate has been criticised, and it has been debated whether they should be able to bring private prosecutions, and what their role should actually be. This criticism calls for a change in the way in which the RSPCA approach cases of animal welfare, to strengthen their continuing role in ensuring positive animal welfare is achieved and, where not, prosecuted. This paper outlines the need for a new approach and how it can be managed. Honess and Wolfensohn (Altern Lab Anim 38:205, 2010) have developed an Extended Welfare Assessment Grid (EWAG), a visualisation mapping tool of welfare impact, which has been useful for assessing the welfare of animals used in laboratories. This tool has proven so useful, veterinarians are now using it in veterinary hospitals to help assess whether an animal is likely to further deteriorate, due to disease and illness, and to show any short-term welfare impact on the animal (Williams in UFAW conference, Newcastle upon Tyne, 2018). This paper will explore the potential for the EWAG to be adapted to assess the welfare of animals when owners are not meeting the welfare needs of their companion animals. RSPCA can use it to support their assessments of the current welfare of an animal under a person’s ownership and whether the animal’s welfare will deteriorate should they remain under that ownership. The EWAG will be a useful tool for those working in animal welfare, such as the RSPCA, to help organisations to intervene earlier, work in partnership with an owner, and support their claims of a risk to animal welfare.

     

The C.T.A. case: A study in political corruption

Between 1984 and 1987, a wide-ranging corruption scandal in Pennsylvania resulted in the conviction and disgrace of a number of high-ranking elected officials, as well as the much publicized suicide of state Treasurer R. Budd Dwyer. This C.T.A. case initially appeared to be a straightforward and almost commonplace affair involving bribes and kickbacks to secure state contracts; but on further examination, this seemingly uncomplicated case can be shown to have involved elaborate conflicts at both state and federal level, and the direction and outcome of the prosecution were heavily influenced by political factors and bureaucratic self-interest.This paper will provide a narrative of the C.T.A. case and related incidents, and also describe the external factors which shaped the investigation. Particular emphasis will be placed on the complex relationship between state-level political interests and the activities of federal prosecutors. The C.T.A. affair offers an excellent illustration of the difficulty of gaining an accurate understanding of even an apparently simple case of political corruption, and the implication is that more elaborate incidents are even less amenable to any kind of academic or social scientific observation. The case can only be understood if full account is taken of the prosecutorial and investigative process which turned the original illegal transactions into a full-blown public scandal, factors which are often insufficiently emphasized in research on political corruption.     

Crossroads: The Intersection of Immigrant Enforcement and the Child Welfare System

Diana's children were placed in foster care when they were one‐ and three‐year‐olds. Their mother was arrested when she fought back to defend herself against an attack by her abusive boyfriend, Thomas. Thomas assaulted her in her apartment when she tried to end their relationship. A neighbor heard screams and called the police. When officers arrived, Thomas told his version of the events, but Diana was not able to communicate with the officers, since they did not speak Spanish and did not obtain the assistance of interpreters. The officers saw scratches on Thomas and a possible bite mark, in addition to bruises and scratches on Diana, arrested both of them, and called Child Protective Services (CPS) to take the children. Immigration and Customs Enforcement (ICE) soon issued a detainer when they obtained a copy of Diana's fingerprints through the Secure Communities program ¹ in effect in her local jurisdiction. Upon further review of the circumstances, the prosecutor decided to drop the charges against Diana; however, ICE took custody of her. She was subsequently transferred to a different immigrant detention center 300 miles away. The CPS caseworker placed Diana's children in temporary foster care with foster parents who did not speak Spanish, instead of with a willing aunt who had undocumented immigration status. Diana's children, born in the United States, are U.S. citizens. As the months passed, the children were no longer learning Spanish. The children did not visit with or talk with their mother for over six months because the CPS caseworker was unsure of Diana's whereabouts and how to communicate with her, despite that the original case plan called for reunification. As a result, the goal of the case plan was revised to pursue the termination of parental rights instead of family reunification.     

A window of opportunity: the Louisiana Birth Outcomes Initiative

Louisiana ranks forty-ninth nationally in birth outcomes indicators such as infant mortality and in the percentage of low birth weight and very low birth weight babies. This article describes the formation of the Birth Outcomes Initiative, a statewide targeted investment to reduce poor birth outcomes. It describes how the initiative is a result of the convergence of the triad of well-defined problems, a credible array of potential solutions, and favorable political process. It then describes the Birth Outcomes Initiative in Louisiana, a targeted program to improve health indicators for reproductive-aged women and reduce the incidence of prematurity, low birth weight, and infant mortality.     

Welfare Reform: Prescription for Abuse? A Report on New Research Studies Documenting the Relationship of Domestic Violence and Welfare

Anecdotally, welfare‐to‐work programs have documented that domestic violence serves as a welfare‐to‐work barrier by partners' interference with education, training and work, or by physical or mental trauma which also prevents employment. Four new research studies, which, although using different methods, including random and nonrandom surveys of welfare caseloads and random neighborhood surveys, document high and remarkably consistent prevalence of domestic violence within welfare caseloads. Although much more needs to be known, the prevalence of domestic violence in these women's lives requires specific domestic violence‐sensitive welfare policies lest women become injured during the welfare‐to‐work process.     

Bridging Old and New Institutional Economics: Gustav Schmoller and Douglass C. North, Seen with Oldinstitutionalists' Eyes

In the last years, a dialogue and comparison between old and new institutionalism set in. In some recent writings, R. Richter pointed out the similarity of their questions and critique of neoclassical theory. He tries to show that Schmoller as an old institutionalist shies away from theorizing while e.g. D. C. North does not. We argue that both give reasonable alternative answers to methodological and theoretical problems of every institutional analysis which can be formulated in five dichotomies.