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1.
This paper develops a computable general equilibrium (CGE) model of the transition from a central planned economy to a market economy. The model is an extension of Wellisz and Findlay's (1986) model of the Soviet ‘second economy.’ By distinguishing alternative assumptions about the disposition of the government budget, two model variants — the ‘activist’ and ‘non-activist’ — are analyzed. Equilibria of these model variants are computed for various parameter specifications of the Kantorovich ray, which represents the stringency of central planners' direction of the economy. The paper shows that increasing efficiency of the private sector, while it reduces the size of government subsidies to the state sector, does not necessarily increase the net government budget.  相似文献   

2.
《Justice Quarterly》2012,29(4):611-630
Recent research on felony sentencing in the nation's trial courts has highlighted a type of sentence in which a prison term is coupled with a probation period. Under these so-called “split sentences,” convicted felons serve a term of incarceration, are released (possibly) on parole, and eventually come under the concurrent jurisdiction of both parole and probation authorities. Although such a sentence may serve a variety of purposes, it is at least conceivable that judges use the prison/probation combination as a way to respond to prison overcrowding and public pressure for punitiveness.

This article reports a study of split sentencing in Georgia from 1976 to May 1985. Drawing on more general research on felony sentencing in the state's Superior Courts, the authors test two empirical assumptions about split sentencing: (1) the perception that split sentencing has increased over time and (2) the importance of the total term (i.e., the prison/probation combination) over the actual severity (i.e., the time specified for incarceration). These assumptions surfaced in extended interviews with court and community authorities in selected judicial circuits across the state.

The empirical tests of these two assumptions consist of an examination of aggregate sentencing patterns and multivariate analyses of two conceptions of the split sentence. The data provide limited support for the two empirical assumptions. There was no evidence that felony courts in Georgia had increased their reliance on split-sentence terms. Aggregate evidence, however, suggested that judges might use split sentencing as a way to balance the competing pressures of prison overcrowding and the demand for punitiveness. Multivariate analyses offer mixed support for propositions on the importance of the total term. The study concludes with a consideration of the implications for public policy and for research on racial discrimination, sentencing, and trial court processes in general.  相似文献   

3.
As part of the European Commission's broader data strategy, the Data Governance Act (“DGA”) introduces a new regulatory regime for data intermediaries, which, inter alia, pursues the objective of increasing the competitiveness of the European data economy by bolstering trust in data-sharing mechanisms. Against this backdrop, we introduce data intermediaries and critically examine the DGA's related legal regime by testing its underlying assumptions and highlighting its intrinsic weaknesses and limitations as part of the broader EU data law puzzle. As a result, the paper brings to the fore certain contradictions between DGA's means and ends. Indeed, due to various questionable assumptions, the DGA imposes requirements that not all data intermediaries can satisfy and entrenches a specific techno-organisational form for data intermediation services that may turn out to be economically non-viable. Consequently, one must wonder whether the DGA's rules on data intermediaries are necessary and proportionate in light of the freedom to conduct a business. We furthermore uncover inconsistencies and loopholes between the DGA, the GDPR, the draft Data Act, and the Digital Markets Act. Overall, while the DGA's underlying efforts are laudable, its precise postulations may hinder the achievement of its underlying objectives due to two main factors. First its own internal limitations and incoherences, and, second, uncertainties and tensions resulting from its interplay with the broader EU data law framework.  相似文献   

4.
Applying an abductive mixed‐methods approach, we investigate the informal status systems in three women's prison units (across two prisons) and one men's prison unit. Qualitative analyses suggest “old head” narratives—where age, time in prison, sociability, and prison wisdom confer unit status—are prevalent across all four contexts. Perceptions of maternal “caregivers” and manipulative “bullies,” however, are found only in the three women's units. The qualitative findings inform formal network analyses by differentiating “positive,” “neutral,” and “negative” status nominations, with “negative” ties primarily absent from the men's unit. Within the women's units, network analyses find that high‐status women are likely to receive both positive and negative peer nominations, such that evaluations depend on who is doing the evaluating. Comparing the women's and men's networks, the correlates of positive and neutral ties are generally the same and center on covariates of age, getting along with others, race, and religion. Overall, the study points to important similarities and differences in status across the gendered prison contexts, while demonstrating how a sequential mixed‐methods design can illuminate both the meaning and the structure of prison informal organization.  相似文献   

5.
Attempts to improve the clinical rigor of competency to stand trial evaluations have resulted in the development of several psycholegal measures. Among the most widely used of these measures are the Competency Screening Test (CST), the Fitness Interview Test (FIT), and the Georgia Court Competency Test—Mississippi State Hospital Revision (GCCT-MSH). To examine the theoretical domains of the competency construct as assessed by these measures, a series of exploratory factor analyses were performed combining previously reported data on the FIT and GCCT-MSH with a new outpatient sample of 353 court referrals. For the CST, data from a previous sample were compared to the original validation study. Of the three measures, only the GCCT-MSH showed evidence of stable, independent factors. A comparison of the GCCT-MSH to theDusky standard suggested a need to further develop empirical measures to better represent underlying constructs related to the defendant-attorney relationship and defendant's participation in his or her defense.  相似文献   

6.
Procedural quality is an important aspect of crime victims' experiences in criminal proceedings and consists of different dimensions. Two of these dimensions are procedural justice (voice) and interpersonal justice (respectful treatment). Social psychological research has suggested that both voice and respectful treatment are moderated by the impact of outcomes of justice procedures on individuals' reactions. To add to this research, we extend this assertion to the criminal justice context, examining the interaction between the assessment of procedural quality and outcome favorability with victim's trust in the legal system and self-esteem. Hierarchical regression analyses reveal that voice, respectful treatment and outcome favorability are predictive of trust in the legal system and self-esteem. Further investigation reveals that being treated with respect is only related to trust in the legal system when outcome favorability is high.  相似文献   

7.
PIERS BEIRNE 《犯罪学》1991,29(4):777-820
This paper challenges existing images of the context and object of Cesare Beccaria's (1764) Dei delitti e delle pene . It offers textual and other evidence that the chief object of Beccaria's famous treatise was the application to crime and penality not of humanism and legal rationality, as convention holds, but of the Scottish-inspired “science of man.” This latter was a deterministic discourse whose key principles—utilitarianism, probabilism, associationism, and sensationalism—implicitly defy, conventional assumptions about the volitional basis of classical criminology. The paper thus questions Dei delitti's proper place in the history of criminology and, in so doing, casts doubt on the very existence of a distinctive “classical criminology.”  相似文献   

8.
Over a third of state legislators do not face challengers when seeking reelection. Existing analyses of state legislative contestation almost exclusively focus on the stable institutional features surrounding elections and ignore conditions that change between elections. I remedy this oversight by investigating how political contexts influence challenger entry. State legislators—particularly members of the governor's party—more often face opposition during weak state economies, but the president's copartisans are even more likely to receive a challenger when the president is unpopular. My findings suggest that both national‐ and state‐level political conditions have an important impact on challengers' entry strategies.  相似文献   

9.
The space in which dissent is performed, and the way that space is used to manage dissent, has generally been understudied in the legal literature. This article examines how spatial frameworks—popular ideas about the importance of space to democracy—have influenced legal decisions about the management of dissent. Three spatial frameworks, Property, Place and Planning, are identified. It is suggested that each framework brings with it assumptions about the value of dissent to society, the use of public space for expressive purposes, and the amount of expressive freedom citizens enjoy in the realization of democracy. Through an examination of the historical transition from Property, through Place, to today's Planning Framework, this article demonstrates how different frameworks have influenced the management of dissent. It concludes by arguing that today's Planning Framework, as played out in the creation of free speech zones, undervalues the importance of dissent to society.  相似文献   

10.
In Gottfredson and Hirschi's self‐control theory, introduced in 1990, they contend that self‐control is a unidimensional construct that develops early in childhood and remains stable throughout the life span. According to findings reported in recent research, however, these arguments are now being challenged, with scholars pointing to ways in which self‐control may be multidimensional in nature and may change beyond the period of alleged stabilization. In this study, we draw on Steinberg's dual systems model, introduced in 2008, to consider this issue further. We examine that model's two key elements of low self‐control—risk‐seeking and impulsivity—to determine whether they are empirically distinguishable from one another and have differing developmental trajectories from childhood to early adulthood. We also consider the consequences of changes in risk‐seeking and impulsivity for within‐individual changes in crime. We examine these issues with data from the National Longitudinal Survey of Youth 1979 (NLSY79) for individuals from 10 to 30 years old. The results of our analyses show support for a multidimensional and dynamic conception of self‐control—from age 10 to age 30, risk‐seeking and impulsivity are empirically distinct and develop in divergent ways that are consistent with the dual systems model. Changes in risk‐seeking and impulsivity also affect changes in crime, but their effects vary with age and changes in the other element. We discuss these findings and their implications for self‐control and the development of life‐course criminology.  相似文献   

11.
Tools dedicated to inferring the ideological leanings of legislators from observed votes—techniques such as NOMINATE (Poole and Rosenthal 1997) or the item‐response‐theory model of Clinton, Jackman, and Rivers (2004)—rest on the assumption that the political process that generates abstentions is ignorable, an assumption not always easy to justify. We extended the item‐response‐theory model to analyze abstention and voting processes simultaneously in situations where abstentions are suspected to be nonrandom. We applied this expanded model to two assemblies where the existing literature gives reason to expect nonrandom abstentions, and we demonstrate how our extensions yield nuanced analyses of legislative politics. We also acknowledge limits to our ability to decide on the adequacy of alternative assumptions about abstentions, since these assumptions are not readily verifiable.  相似文献   

12.
Machiavelli's 500‐year‐old treatise The Prince outlined the central features of the realist tradition in international relations. His premises led him to question the likelihood of efficacious and stable international law and international courts, a skepticism that has present‐day proponents. Machiavelli's reluctance was due to a combination of features of human nature and a focus on anarchic features of the relations among states. This article challenges these assumptions and implications: Other interpretations of human nature are closer to Machiavelli's text, and current relations among states are significantly different. The revised assumptions should make Machiavelli's followers more optimistic about international law and international courts.  相似文献   

13.
This review essay analyses two significant recent contributions to the debate over the reasoning of the Court of Justice (CJ). These contributions highlight the impossibility of a wholly scientific and deductive approach to attributing ‘correct’ outcomes to the Court's case‐law. At the same time, their analysis adds significant findings for the debate over the Court's possible ‘activist’ or political role. Following from these contributions, this essay makes two arguments: firstly, that the inability of the Court to anchor its reasoning solely in a deductive form of legal reasoning should encourage the CJ to engage in a more advanced ‘constitutional dialogue’ with the EU's political institutions; and secondly, that truly understanding the Court's reasoning involves a closer analysis of the institutional and personal dynamics influencing Court decisions. Understanding European judicial reasoning may require a closer look at the social and political—as well as doctrinal—context within which European judges act.  相似文献   

14.
Recent studies evince that interpersonal racial discrimination (IRD) increases the risk of crime among African Americans and familial racial socialization fosters resilience to discrimination's criminogenic effects. Yet, studies have focused on the short‐term effects of IRD and racial socialization largely among adolescents. In this study, we seek to advance knowledge by elucidating how racialized experiences—in interactions and socialization—influence crime for African Americans over time. Elaborating Simons and Burt's (2011) social schematic theory, we trace the effects of childhood IRD and familial racial socialization on adult offending through cognitive and social pathways and their interplay. We test this life‐course SST model using data from the FACHS, a multisite study of Black youth and their families from ages 10 to 25. Consistent with the model, analyses reveal that the criminogenic consequences of childhood IRD are mediated cognitively by a criminogenic knowledge structure and socially through the nature of social relationships in concert with ongoing offending and discrimination experiences. Specifically, by increasing criminogenic cognitive schemas, IRD decreases embeddedness in supportive romantic, educational, and employment relations, which influence social schemas and later crime. Consonant with expectations, the findings also indicate that racial socialization provides enduring resilience by both compensating for and buffering discrimination's criminogenic effects.  相似文献   

15.
An understudied contributor to the massive growth of American incarceration is an increase in the practice of reimprisoning parolees through parole board revocations—now referred to as “back-end sentencing.” To conduct the analyses outlined in this article, we use data from the California Parole Study to analyze the effects of three clusters of factors (parolees' characteristics, organizational pressures, and community conditions) on these sentences. Our analyses are informed by theories that have been used to explain “front-end” (court) sentences, which center on the focal concerns of social-control agents, labeling, and racial threat. Our results indicate that status characteristics—race/ethnicity and gender—affect the likelihood that criminal parole violators are reimprisoned. Moreover, certain “pivotal categories” of parolees—registered sex offenders and those who have committed “serious” or “violent” offenses—are much more likely to be returned to prison than others. Organizational pressure (prison crowding) also affects the likelihood of reimprisonment. Communities' political punitiveness affects the likelihood that technical violators are reimprisoned and that serious or violent offenders are reimprisoned for criminal violations. In this article, we use these findings to consider ways that mass incarceration is driven by both top-down policies as well as bottom-up organizational and community forces.  相似文献   

16.
This study argues that the nature and intensity of a person's relationship with God creates a transposable cognitive schema that shapes people's views toward public policies such as executing convicted murderers. In this context, we investigate whether Americans who report having a close personal relationship with a loving God are less likely to support the death penalty. We hypothesize that such a relationship tempers the tendency to see punitiveness as an appropriate response to human failings. Individuals who hold a loving God image are more likely to believe that God responds to those who have “failed” or “sinned” by demonstrating unconditional love, forgiveness, and mercy. Accordingly, support for capital punishment is problematic because it contradicts the image of a merciful, forgiving deity; God's purpose—and admonition to believers—is to demonstrate compassion toward those who have trespassed against others. We test these possibilities using the 2004 General Social Survey (GSS). Controlling for a range of religious factors and other known predictors of death penalty attitudes, the results show that Americans with a personal relationship with a loving God are less likely to support capital punishment for convicted murderers.  相似文献   

17.
CSIRO — Australia's Commonwealth Scientific and Industrial Research Organization — is a large federal government research body with a central role in generating technology for the country's industrial development in the broad. The Organization has recently developed and reoriented its policies, procedures and mechanisms to provide stronger technological support for Australia's manufacturing industries: industries which are generally accepted to be badly in need of technological innovation. This article discusses the background to the changes made and the alternative pathways that were available to the Organization to effect the changes. It concentrates on the decision to establish a free-standing technology transfer and commercial assessment company, SIROTECH Limited. The article identifies the steps taken to bring the company to be, even after only two years' operation, a vital and valued part of CSIRO's system for planning, pursuing and applying industrial research with, and for, Australian industry. The main principles underlying the apparent success of the SIROTECH experience are identified.  相似文献   

18.
Minutiae are small distinguishing features found along every ridge flow, which make each friction ridge print unique. The most common friction ridge prints found at the crime scene are fingerprints; therefore, the most of the minutiae studies are focused exactly on this kind of prints. The authors believe that further examination and enlargement of the palm print database could result in better use of the palm prints for personal identification. We analyzed a total of 160 palm prints from 40 females and 40 males aged between 18 and 70 years from Slovakia. For the evaluation of the minutiae, the area of the hypothenar had to be marked out. The classification of the minutiae used for this study was based on a modified version of the classification system using the total of 13 types of minutiae. The frequency of every minutiae type was calculated and, using the chi-square test with Yates's correction, bilateral and sex differences were assessed. The relationship between the different types of minutiae was examined with Pearson's correlation test. During the initial phases of the identification process, the focus should be on the least common types of minutiae (Y or M and return), which were found not to correlate; thus, their mutual occurrence is random (e.g., overlap—Y or M, crossbar—return, or Y or M—dock). The results of the present study show which specific minutiae types are the most suitable for personal identification. These findings may be beneficial in more effective outcome of the identification process.  相似文献   

19.
Researchers have suggested that paternalistic attitudes may influence people's perceptions of female offenders. In the current study, we examined the role of benevolent and hostile sexism in people's perceptions of a specific female offender (Myra Hindley), who can be viewed as having violated traditional gender role assumptions. We observed that benevolent sexism (but not hostile sexism) was related to negative evaluations of Myra Hindley. In addition, mediation analyses suggest that the relationship between benevolent sexism and the negative evaluations of Myra Hindley was partially accounted for by participants' perceptions that Myra Hindley possessed traits that violated traditional gender role stereotypes. Theoretical and practical implications are discussed.  相似文献   

20.
This article analyses trends in violence at work on the basis of victim surveys, work-environment surveys, and press material. It proceeds from the two most common explanations of why violence at work appears to have increased over recent decades. These emphasize shifts in working conditions that have increased employees' victimization risk, and a broadened view of what is regarded as work-related violence. The empirical analyses provide support for both these explanations, and the various dimensions examined—increased reporting propensities, expanded definitions, a reduced tolerance of violence, and altered working conditions—are linked to one another.  相似文献   

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