Policies and Imprisonment: The Impact of Structured Sentencing and Determinate Sentencing on State Incarceration Rates, 1978–2004

Research has begun to systematically assess the relationship between sentencing policies and state incarceration rates. Prior studies, however, have examined policy‐based relationships in isolation, failing to consider the impact of combinations of policies. Using a pooled time series design, this article examines interactions between structured sentencing, determinate sentencing, and state incarceration rates between 1978 and 2004. Results show that constraining release discretion through determinate sentencing matters more than constraining sentencing discretion through structured sentencing. Consistent with prior research, determinate sentencing was associated with lower incarceration rates independent of other policies. Contrary to prior research, however, the presence of presumptive sentencing guidelines was associated with lower incarceration rates only when combined with determinate sentencing. These findings suggest that while a state may effectively insulate sentencing decisions from outside social forces, if it fails to insulate release decisions from those same forces, they will continue to affect imprisonment levels.     

When does Race and Gender Matter? The Interrelationships between the Gender of Probation Officers and Juvenile Court Detention and Intake Outcomes

Racial and gender disparities in case outcomes have recently been explained by a focus on the characteristics of court officers within the context of the interplay between discretion, stereotyping, and the perceptions of decision-makers. Using data within a single juvenile court jurisdiction, the present study continues this line of inquiry to assess: (1) how race and gender, individually and in combination, influence juvenile justice decision-making and (2) how court outcomes for certain race/gender combinations are conditioned by the gender of the court officer. Results indicate that, to some degree, the race and gender of the youth along with the gender of the court officer influenced case outcomes; however, the findings were not always in the expected direction. The results have implications for broadening the contexts of detention and intake decision-making, and may also better inform efforts to address the equitable treatment of youth in the juvenile justice system.     

The Influence of Victim Vulnerability and Gender on Police Officers’ Assessment of Intimate Partner Violence Risk

This study investigated the influence of victim vulnerability factors and gender on risk assessment for intimate partner violence (IPV). 867 cases of male and female perpetrated IPV investigated by Swedish police officers using the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER) were examined. For male-to-female IPV, victim vulnerability factors were associated with summary risk judgments and risk management recommendations. For female-to-male IPV, vulnerability factors were more often omitted, and consistent associations were not found between vulnerability factors, summary risk judgments, and risk management. Results indicate that B-SAFER victim vulnerability factors can assist in assessing male-to-female IPV risk. Further research is necessary to examine the use of B-SAFER victim vulnerability factors for female-to-male IPV, as results showed victim vulnerability factors to be less relevant to officers’ decision making, particularly their management recommendations. However, several variables external to the B-SAFER, such as the availability of management strategies may account for these findings.     

Is Enforced Self-regulation a Form of Risk Taking?: The Case of Railway Health and Safety

Enforced self-regulation exemplifies a number of regulatory trends, in particular the co-existence of public and private forms of regulation, state moves to harness other sources of regulation and the growing attempt of the state to penetrate deep into corporate life. This paper explores the limits of enforced self-regulation through discussion of corporate responses to occupational health and safety regulation in Britain. It takes the example of the railway industry where a particularly extreme version of enforced-self regulation eventually led to tragic consequences.     

The Conditioning Effects of Race and Gender on the Juvenile Court Outcomes of Delinquent and “Neglected” Types of Offenders

Drawing upon concepts from prior research that emphasize race and gender stereotyping, the present research compares how delinquent and “neglected” types of offenses (i.e. status offenses, probation violations, youth charged with contempt) are treated across three juvenile court outcomes. Beyond how offense type may directly impact case outcomes, we also investigated whether race and gender influenced juvenile justice processing within each offense type. Using data from two Mid-Atlantic States, results indicated that type of offense, race, and gender resulted in both severe and lenient case outcomes depending on the stage examined. By including different types of offenses that represent a significant percentage of youth that have been relatively neglected in prior research, the current study provides greater insight into the contexts of race and gender disparities in juvenile justice decision-making. The implications of the findings and directions for future research are also discussed.     

The internet and the state: Instrument of social control or subversive tecnology?

Conclusion Technological progress always contains within it the ironic dialectic of liberation and domination. The computer-based information highway is no exception. As a consequence, our own view is that the computer revolution contains the potential for both over-control and subversion of control. Science and technology are not neutral. They are social constructs that exist only within a context of choices of development and application. Therefore, it is not the technology that constrains, or oppresses, or liberates. Rather, the emancipatory potential of this new technology lies in the degree to which those who use it can disseminate it and maintain it as a relatively low-cost communication tool. To date, many of those involved in expanding the Internet frontier have generally been suspicious of and resistant to government intrusion into the Net. While it is often easier to simply dismiss such suspicion as the ranting of conspiracy theorists, history has taught us that such a na?ve faith in the benevolence of the government is unwise. Our intention here has not been to provide a definitive conclusion about the past, present, or future state of technological progress; instead we hope that our discussion will spark further critical analysis of technology and related topics.     

“Fixed” Sentencing: The Effect on Imprisonment Rates Over Time

Objective

Sentencing guidelines, statutory presumptive sentencing, determinate sentencing, truth in sentencing, and three strikes are important components of the criminal justice system. The main purpose behind a relatively-fixed sentence is to remove judicial discretion by insuring that convicted felons receive a reasonably-assumed sentence depending on the crime committed. The current study assessed shifts in year-to-year changes in incarceration rates within all 50 states from the years 1965–2008 due to the adoption of sentencing reforms.

Methods

The study tests two competing theories, a normative theory and critical theory of the expected effects of reforms on imprisonment. Data was analyzed using panel regression with unit-specific fixed effects, conditional change scores, panel corrected standard errors, and a new measure of reforms.

Results

This study, possibly due to differences in model specification, ran counter to a number of previous studies and suggests some “front-end” sentencing reforms and “back-end” release changes are, on average, related to changes in imprisonment.

Conclusions

The study concluded, that when significant, reforms increased more than decreased prison growth in comparison to indeterminate sentencing. Additionally, the analysis concludes that changes in release mechanisms and parole decision structures are driving increased growth more than changes in sentencing structures.     

The Evolving “Nature” of Environmental Risk: A Responsible Approach for Residential and Commercial Real Estate

Environmental losses suffered by commercial and residential real estate owners are becoming more frequent and severe due to evolving regulatory regimes and the changing global climate. This article reviews the nature of environmental risk, specifically within the context of a changing climate, and proposes the large-scale installation of green infrastructure as both a business opportunity for insurers and a responsible approach.     

The Impact of Subsequent Customary International Law on Treaties: Pushing the Boundaries of Interpretation?

Conflicts between treaty and customary norms are endemic to international law and are increasingly frequent. Yet there is nothing automatic or mechanical about interpreting and resolving such conflicts, which require a high degree of contextual sensitivity. Their identification and interpretation test the limits of the rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties, particularly where treaty modifications by subsequent customary law are concerned. This article endeavours to sketch how the latter phenomenon occurs, and the interpretative and evidentiary challenges involved—many of which remain underexplored. The analysis begins with the identification and interpretation of newly emerged customary norms, before delving into the process of determining their treaty-modifying potential. This involves the side-by-side interpretation of the pre-existing treaty and the customary norm to assess whether there is a genuine incompatibility that cannot be resolved through harmonious interpretation. The final inductive step is to ascertain the parties’ consent to displace the treaty norm in favour of the customary norm, subject to certain crucial requirements. Against the backdrop of the organic and continuous interplay between treaties and customary international law, these interpretative and evidentiary steps serve to ensure that the parties’ intention remains paramount.

     

The Animal: A Subject of Law? A Reflection on Aspects of the Austrian and German Juridical Systems

In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal.     

“Juvenile Drug Courts and Recidivism: Results from a Multisite Outcome Study”

This study reports findings from a study of nine juvenile drug courts (JDCs) from across the US. A quasi-experimental design, with one-to-one matching on possible confounders and sociodemographics, was used for the outcome assessment (n?=?1372). Baseline and outcome data were drawn from justice system records. Although there is variation across sites and, to some extent, outcomes, these JDCs were generally ineffective in reducing recidivism. Similar findings have emerged in other recent studies of JDCs. Given the results of this study and others, it is essential that juvenile courts work to improve the effectiveness of JDCs by increasing adherence to known principles of effective intervention.     

Do US City Crime Rates Follow a National Trend? The Influence of Nationwide Conditions on Local Crime Patterns

This study considers the degree to which the crime rates of US cities follow a uniform national trend. A nationwide trend has consequences for theories that explain aggregate changes in crime, but how closely subnational units hold to a common time path has received almost no research attention. Using annual panel data, the current study presents analyses that attempt to measure the correspondence between city-level and national-level crime rates. The results of each analysis are consistent with a clear single pattern that operates across the nation’s major urban areas. This supports the idea that a meaningful national trend exists, and it suggests the desirability of continuing efforts to explain it.

Jails and Public Health Service Delivery and Empirical Knowledge: The Impact of Jail Population “Flow”

Time/flow is a decisive variable when proposing public health interventions in jail populations and settings. The present paper argues that jail flow affects the types of public health interventions achievable in ways not acknowledged generally by public health/medical researchers. The paper explores how public health interventions vary among jail populations in terms of “flow” and how they are affected by a “period” effect. Interventions that will be effective and reach a substantial portion of the jail population are dependent upon the point in the jail processing process. In turn, the variables that affect the speed of population flow through the jail setting also influence who will be served by public health interventions.     

The Psychological Impact of Previous Victimization: Examining the “Abuse Defense” in a Sample of Harassment Litigants

The present study examines the impact of previous sexual victimization on emotional distress in a sample of women (n?=?492) involved in a sexual harassment class action lawsuit. Sexual harassment was found to predict symptoms of PTSD and general symptoms of anxiety, over and above the effects of previous victimization and other relevant personal variables; it also predicted depression and self-esteem, although previous victimization had a stronger impact on these variables than did sexual harassment. The effects of previous victimization and sexual harassment on emotional distress appeared to be independent and cumulative. The legal and clinical relevance of these findings are discussed.     

The World Bank Inspection Panel’s Normative Potential: A Critical Assessment,and a Restatement

Netherlands International Law Review - Much has been said about the potential of the World Bank’s Inspection Panel to contribute to the normative development of international law. Yet,...     

The Impact of the Registered Intermediary on Adults’ Perceptions of Child Witnesses: Evidence from a Mock Cross Examination

Registered intermediaries are communication specialists appointed to facilitate the communication of vulnerable witnesses participating in the criminal justice system in England and Wales. Intermediaries assess the vulnerable individual’s communication and provide recommendations to practitioners for how to obtain the individual’s ‘best evidence’ during police interviews and in court. The scheme was implemented nationally in 2008, but has not been subject to rigorous research. The aim of the current article is to provide an account on adults’ perceptions of the vulnerable individual when an intermediary assists their communication in court. In the present study 100 participants viewed a mock cross examination of a child witness either with or without an intermediary present. Participants rated the child’s behaviour and communication, and the quality of the cross examination, across a number of different variables. The age of the child was also manipulated with participants viewing a cross examination of a four or a 13 year old child. The results showed the children’s behaviour and the quality of the cross-examination were more highly rated when the intermediary was involved during cross-examination. The older child’s cross-examination was rated as more developmentally appropriate, however no other age differences or interactions emerged. The findings have positive implications for jury perceptions of children’s testimony when they are assisted by an intermediary in court, regardless of the age of the child witness. The success of the intermediary scheme in England and Wales may encourage the implementation of intermediaries internationally.     

Trademark parody and the mass media: Going beyond survey evidence in the determination of “a likelihood of confusion”

This article examines trademark parody in statutory and mass media case law by, in part, analyzing several key cases which illustrate the use of quantitative social science research in the determination of trademark parody infringement. Although the definition and nature of trademark parody has not been settled definitively, courts’ attitudes toward survey evidence, particularly its probative value and materiality in the determination of copyright and trademark infringement litigation, have evolved over time. Courts now admit survey evidence if it meets certain methodological conditions. In trademark parody litigation, survey evidence pointing to a “likelihood of confusion” has evolved as the standard test of trademark infringement. However, there are questions whether vague, subjective concepts like “a likelihood of confusion” and “perception of substantial similarity” between trademarks can be adequately measured by consumer surveys. It is argued that multi‐method research which has both quantitative and qualitative aspects would provide more reliable data than the “one‐shot” surveys or case studies that are widely used in settling trademark infringement cases.     

The “age of empire”: again?

Law and ways of thinking about law have historically been integral to processes of colonialisation and extension of empire. Contemporary forms of colonialism in a globalising legal environment may be less obvious, more nuances or even subconscious. However, the emergence of higher education as a trade commodity, the shift to fee-paying students as consumers and the market competition for international students among universities raise questions about the export and import of various forms of legal education, especially in the context of plural and mixed legal systems, debates about legal transplants, and concerns about legal imperialism. This article examines these issues and considers the place of comparative legal education in the contemporary environment facing university law schools.     

Penal and Prison Policy on the “Sunny Side of the Alps”: The Swan Song of Slovenian Exceptionalism?

The article considers penal and prison policy in Slovenia by illustrating and confronting the roots, development and main features of Slovenian vis-à-vis Scandinavian penal “exceptionalism”. It first explores economic, social and political developments that made both Scandinavian and Slovenian penal regimes, in terms of stability and leniency of penal policy, low imprisonment rates and quality of prisoner treatment, to some degree exceptional if confronted with regimes of the vast majority of western countries. Further, the authors explore what consequences and implications the recent punitive tendencies have for Slovenian exceptionalism and whether they jeopardize or perhaps even threaten mild penal order, which the country on the “sunny side of the Alps” has been building since the 1970s. Finally, the authors try to find out whether, in spite of the declining welfarism and rising punitiveness, Slovenian-style penal exceptionalism has a chance to revive and endure.