Beatings,Beacons, and Big Men: Police Disempowerment and Delegitimation in India

It is a truism that police in India generally lack legitimate authority and public trust. This lack is widely understood by scholars, policy analysts, and police practitioners as being rooted in the institution's colonial development as a means of oppression, and its alleged corruption and criminalization in the postcolonial period. The social facts of situational hyper‐empowerment and the widespread decadence of police do much to explain their poor image and performance, but these explanations do not account for the fact that police in India are also structurally disempowered by cultural‐political and legal‐institutional claims to multiple and conflicting forms of authority that challenge and often overwhelm the authority of police. This structural disempowerment and its performances in everyday interactions between the police and the public constitute an ongoing social process of delegitimation of police authority in contemporary India. Following ethnographic analysis of this process of delegitimation, I explore the implications of focusing on police disempowerment for theorizations of the sources and capabilities of state legal authority more generally.     

Monitoring the uninsured: a state policy perspective

Because states have primary responsibility for the implementation of public health insurance programs, states need timely, good quality data to evaluate programs, monitor trends in the number and characteristics of the uninsured, and better understand the dynamics of health insurance coverage. This article provides a synthesis of the data sources available to states for monitoring rates of health insurance coverage. Information was collected through a comprehensive review of state and national health surveys and in-depth interviews with state analysts in all fifty states. Our findings suggest that national surveys do not meet states' needs for data, and in response, states have initiated their own household surveys. We provide information on thirty-six household surveys that are used to estimate state levels of health insurance coverage. We recommend that national and state efforts be better coordinated to facilitate efficient use of resources to achieve good state-level date.     

Public sector innovation: the effect of universities

A growing literature in public management has identified the key role that innovation can play in enhancing agency efficiency, effectiveness, performance and legitimacy. However, considerably less is known about the actual sources of knowledge generating innovative activity in the public sector. This paper fills this crucial gap in the literature by explicitly analyzing the link between a key source of knowledge and ideas, universities, and the innovative activities of public organizations. By utilizing a new source of data, this paper is able to show that not only do universities play a key role in generating innovative activity in public organizations, but the nature of innovations and their impact on public sector performance are related to the role played by universities. The findings suggest that universities play a key role in generating innovative activity in public organizations as doing so can increase the quality of public services, employee job satisfaction, and interagency collaboration.

     

Analysis of relationship between efficiency of justice services and salaries of judges with two-stage DEA method

In this study it??s aimed to determine the relationship between efficiency of justice service and salaries of judges in European countries with two-stage Data Envelopment Analysis (DEA). Data used in this study are taken from European Judicial System report published by The European Commission for the Efficiency of Justice. In this study two stage DEA is used. In the first stage, the efficiency of justice service is measured by data envelopment analysis. In the second stage, the results obtained from DEA are regressed with variables affecting the courts by Tobit regression model. In the DEA analysis while number of judges and office staff are used as inputs, resolved cases are used as outputs. In the Tobit regression model while the results obtained from DEA are used as dependent variable, judge salaries, judges?? basic education and number of courts are used as explanatory variables. According to Tobit regression model, it??s found that there is a positive and significant relation between efficiency of justice service and salaries of judges in European countries. The increase in judge salaries is significant for the efficiency of courts, but it certainly is not only solution for the efficiency of justice services.     

What is a Crime?

This article presents a philosophical account of the natureof crime. It argues that the criminal law contains both fault-basedcrimes and strict liability offences, and that these two representdifferent paradigms of liability. It goes on to argue that thegist of fault-based crimes lies in their being public wrongs,not (as is often thought) because they wrong the public, butbecause the public is responsible for punishing them, i.e. becausethey merit state punishment. What makes wrongs deserving ofpunishment is that they are seriously blameworthy, inasmuchas they evince a disrespect for the values violated. But theyonly merit state punishment when they violate important values,not simply due to the well-known pragmatic considerations againstthe use of the criminal law, but to the intrinsic expressiveforce of criminal conviction. Finally, the analysis of fault-basedcrimes points to a role for strict liability in regulating actionsthat are not seriously blameworthy but do increase the riskof values being damaged.     

美国对犯罪与违法的法理界定

本文阐述的是美国关于犯罪本质的哲学解释。刑罚既包括过错犯罪。也包括严格责任违法,这两者代表了两种不同的刑事责任类型。美国学界主张过错犯罪的要点在于其是侵害公众利益的不法行为,并非由于其危害公众利益,而是因为公众负责处罚此类行为,即它们应该得到国家的处罚。不法行为得到惩罚是因其性质严重,它们不敬重社会公认的价值;只有当行为人违反重要价值时才应得到处罚,不仅是出于对刑法实用主义的考虑,亦取决于罪刑法定原则的内涵。美国学者分析过错犯罪和不太严重的违法行为,认为后者同样存在着损害公众利益的危险。     

Assessing the performance of public enterprises: A public-choice approach

Recent advances in the theory of public enterprises have led to the development of criteria for assessing their performance. The underlying idea is to determine the best practice of a particular enterprise and assess other public enterprises in the same industry against that best practice. This article is critical of the best-practice-approach and offers an alternative public-choice-based procedure.The objectives assigned to the operation of public enterprises in the best-practice approach do not reflect the specific functions of public enterprises. On the contrary, they are general economic policy objectives derived from a general theory of economic policy based on normative welfare economics. The efficiency of public enterprises is then considered a policy objective. In terms of a public-choice perspective, however, efficiency is almost never in itself a policy objective of a public enterprise. It is unlikely (but not impossible) that we may find a public enterprise with essentially the same production function as an efficiently operated private enterprise. By their very nature, public enterprises are diverse and suited for the most diverse policy objectives. Therefore, performance indicators of a general kind (based on welfare economics) do not reflect the purpose of running a particular public enterprise. The best-practice approach is based on the attribution of policy objectives. A more satisfying analytical approach derives the policy objectives of a particular enterpise by means of a public-choice analysis of its observable behavior. This positive and empirical analysis can then yield those policy objectives against which the performance of the public institution can be assessed.The article has three main sections. The first offers a critical discussion of the existing literature on performance measurements, in particular the best-practice approach. The second suggests an alternative public choice theory of public enterprise behavior, and the third develops a stepwise procedure for assessing the performance of public enterprises in a public-choice analytical framework.     

Disconnected relationship values and marriage policies in England

The article examines relationship values which influence the government’s marriage-related policies. It constructs a framework of core values as the ‘conception of the desirable’ to highlight a central problem for the government: there are many conflicting values that can be identified as potentially relevant. Traditional morality and equality highlight marriage as the ultimate goal for heterosexual and same-sex couples by emphasising responsibility, commitment and stability to encourage and strengthen couple relationships. The articulation of these values associated with celebrating marriage is evident in policies such as transferable tax allowances for married couples and couple relationship education. However, marriage is a public and a private institution which encompasses disconnected values. The article analyses the different values that policy-makers confront by examining evidence from interviews with stakeholders which suggests that marriage-related policies do not necessarily resonate with various actors’ understanding of relationship values. They compete with values such as individual autonomy, the desire for financial security and diverse relationships.     

Enticing Business to Create a Healthier American Diet: Performance‐Based Regulation of Food and Beverage Retailers

The American public could enjoy a much healthier diet if we enticed food and beverage retailers (stores and restaurants) to substantially reduce the calories, added sugar, sodium, and saturated fat that pass through their cash registers—say, a 25 percent reduction in sugar, salt, and fat and a 10 percent reduction in calories. Rather than ordering firms to make specific changes in what they sell, this strategy—called performance‐based regulation—leaves industry to figure out what is the best way to transform the American diet in a positive way. Because it calls for real changes in outcomes, this regulatory strategy could be far more effective than information disclosure policies that rely on consumer choices, and because it does not require adding extra cost to the price of food and beverages, it could be politically far more attractive than taxing unhealthy foods. Appealing to both conservative and liberal values, instead of relying on the professional expertise of public health regulators, performance‐based regulation enlists America's large food retailers to serve the public good—or suffer substantial financial penalties for failing to do so.     

Exemption of chemical mixtures. Final rule

On December 15, 2004, the Drug Enforcement Administration (DEA) published a Final Rule corrected January 4, 2005) that implemented new regulations concerning chemical mixtures that contain any of the 27 listed chemicals. The Final Rule added a new provision not previously raised by DEA in any proposed rulemaking. This newly introduced provision exempted domestic and import transactions in chemical mixtures that are regulated solely due to the presence of the List II solvent chemicals acetone, ethyl ether, 2-butanone, or toluene from the Controlled Substances Act (CSA) recordkeeping and reporting requirements. Because this exemption was not previously proposed in any rulemaking, DEA implemented this exemption on an interim basis and requested public comment on this exemption provision. Based upon a review of all comments, DEA is finalizing this exemption. As such, domestic and import transactions in chemical mixtures containing the List II chemicals acetone, ethyl ether, 2-butanone, and toluene shall be exempt from CSA chemical recordkeeping and reporting requirements.     

The Perks of Being a Lawmaker: Returns to Office as a Legislative Goal

Extant literature demonstrates that holding public office is financially lucrative. Yet little is known about which sitting legislators profit from office. Relying on original data of members of the Florida legislature, I estimate predictors of income growth among sitting legislators. I find that legislators whose vote share increases by 10 percentage points between elections report income growth of nearly $20,000. This finding is robust to estimation technique and model specification, indicating that electoral safety is tied to income growth. Lawmakers appointed to legislative posts with agenda‐setting power do not obtain additional income. These data demonstrate the market values of electorally dominant legislators.     

Catches to the right to be forgotten,looking from an administrative law perspective to data processing by public authorities

Public authorities process personal data. In most cases these data are processed because there is a legal obligation to do so, or because processing is necessary for the performance of a task carried out in the public interest. The right to be forgotten or to erasure will, in this situation, play a limited role in the protection of the rights of the individual. There is even a public interest in maintaining archives, thus in not forgetting. At the same time, the possibility exists that not forgetting might be more valuable for the protection of rights of data subjects then forgetting. In the case of data processing by public authorities, it is important that the processing is based on a law. A close watch should be held on the grounds that public authorities use to justify the processing. As the right to be forgotten will play a limited role in the protection of the rights of data subjects in the case of data processed by public authorities, it is important to emphasize the right of access and rectification of data. It is therefore essential that the controller is transparent to the public with regard to the processing of data.     

Discriminant function sexing of fragmentary femur of South African blacks

When fragmentary and incomplete bones are all that are available to the forensic anthropologist for use in sex determination, non-metric and metric sex discriminating parameters that have been derived from complete bones may be of little use. In such circumstances, sex discriminating metric methods that are of specific application to fragmentary bones will be more useful. Since such studies have not been systematically carried out in bones of South African blacks, the aim of this study was to begin to provide such data. Two hundred and twenty left femurs of black South Africans were obtained from the Raymond A. Dart Collection of African Skeleton, School of Anatomical Sciences, University of the Witwatersrand, South Africa. Five variables from the upper end of the femur and three variables from the lower end of the femur were measured and subjected to univariate and multivariate discriminant function analyses. The vertical head diameter and the medial condylar length were most successful in sex identification from the upper and lower ends of the femur respectively. The combined variables were more useful than the use of variables individually. Discriminant function score equations were derived for individual and combined variables from the upper and lower ends of the femur of the South African blacks.     

What do forensic analysts consider relevant to their decision making?

In response to research demonstrating that irrelevant contextual information can bias forensic science analyses, authorities have increasingly urged laboratories to limit analysts' access to irrelevant and potentially biasing information (Dror and Cole (2010) [3]; National Academy of Sciences (2009) [18]; President's Council of Advisors on Science and Technology (2016) [22]; UK Forensic Science Regulator (2015) [26]). However, a great challenge in implementing this reform is determining which information is task-relevant and which is task-irrelevant. In the current study, we surveyed 183 forensic analysts to examine what they consider relevant versus irrelevant in their forensic analyses. Results revealed that analysts generally do not regard information regarding the suspect or victim as essential to their analytic tasks. However, there was significant variability among analysts within and between disciplines. Findings suggest that forensic science disciplines need to agree on what they regard as task-relevant before context management procedures can be properly implemented. The lack of consensus about what is relevant information not only leaves room for biasing information, but also reveals foundational gaps in what analysts consider crucial in forensic decision making.     

The role of people in information-sharing: perceptions from an analytic unit of a regional fusion center

Information sharing research has largely focused on capturing operational practices related to the exchange of information. A noticeable shortcoming of this developing literature is the lack of scholarly attention focused specifically on analytic personnel. The present study employs semi-structured interviews with 23 personnel that comprise the analytic unit within a regional fusion center located in a large metropolitan area in the United States. Findings indicate that there is significant ambiguity surrounding the organizational and geographic audiences to which intelligence products should be tailored. Moreover, it appears information sharing is sparse and reliant upon personal relationships between analysts and external organizations. Lastly, analysts do not receive feedback pertaining to the content and effectiveness of intelligence products created. These findings may be generalized to other analytical organizations whose primary goal is to gather, analyze and disseminate intelligence. Action steps for policymakers are provided.     

Position of superciliare in relation to the lateral iris: testing a suggested facial approximation guideline

It has been suggested in the literature that superciliare is located directly above the most lateral point of the iris and that this association may be of use in facial approximation. However, the relationship between the lateral iris and superciliare has not been tested and its accuracy remains unknown. This study aims to determine the accuracy of this relationship using metric and non-metric analysis. The horizontal distance from superciliare to the lateral iris was measured, using photogrammetric methods, in Australians of European extraction (27 males, 48 females), central/south-east Asian extraction (20 males, 19 females) and individuals from other population groups (7 males, 7 females). Results indicate that superciliare position is best approximated by the lateral iris in females. On average, superciliare fell lateral to the lateral iris by 4.8 mm, S.D. 3.4 mm in males, and 1.2 mm, S.D. 5.4mm in females. In approximately 70-80% of the sample, the superciliare fell between the exocanthion and the pupil center on both sides. It is suggested that the proposed guideline that the lateral iris is equal to superciliare is not very accurate, especially for males. Also the large standard deviations indicate that the position of superciliare is highly variable. The above measures should, on average, give a more accurate prediction of superciliare in contrast to the lateral iris border, and therefore, they should be used in facial approximation. However, the large variation in superciliare position should be acknowledged.     

Dispelling a Myth? The Fathers of Europe and the Construction of a Euro‐Identity

Abstract:  There is a broad agreement on the fact that today there is a wide gap between the European Union (EU) and the citizens of the Member States. According to a common belief, this gap is the result of a deliberate decision made by the founding fathers and subsequent European officials to keep the integration dynamic distant from the people. Yet, if we look closely at their writings and actions that were initiated by the European Commission at an early stage in the integration process, we can only conclude that there is little evidence to support this common belief. On the contrary, it appears that the founding fathers were eager to inform the public on issues related to the communities and that they did not hesitate to support measures aimed at enhancing knowledge about Europe, its policies, and its institutions. It is essential to question these beliefs in order to improve our understanding of the democratic deficit in the EU and especially of the solutions proposed for remedying it. If we admit that the founding fathers never had the intention of keeping the people in ignorance and that some actions were rapidly taken to bring the EU closer to them then it becomes difficult to claim that a reduction of the democratic deficit will follow when decision-makers simply imagine and adopt programmes aimed at bridging the gap. The question then becomes why have this socialisation and this 'rapprochement' not occurred.     

An evaluation of non-metric cranial traits used to estimate ancestry in a South African sample

Establishing ancestry from a skeleton for forensic purposes has been shown to be difficult. The purpose of this paper is to address the application of thirteen non-metric traits to estimate ancestry in three South African groups, namely White, Black and "Coloured". In doing so, the frequency distribution of thirteen non-metric traits among South Africans are presented; the relationship of these non-metric traits with ancestry, sex, age at death are evaluated; and Kappa statistics are utilized to assess the inter and intra-rater reliability. Crania of 520 known individuals were obtained from four skeletal samples in South Africa: the Pretoria Bone Collection, the Raymond A. Dart Collection, the Kirsten Collection and the Student Bone Collection from the University of the Free State. Average age at death was 51, with an age range between 18 and 90. Thirteen commonly used non-metric traits from the face and jaw were scored; definition and illustrations were taken from Hefner, Bass and Hauser and De Stephano. Frequency distributions, ordinal regression and Cohen's Kappa statistics were performed as a means to assess population variation and repeatability. Frequency distributions were highly variable among South Africans. Twelve of the 13 variables had a statistically significant relationship with ancestry. Sex significantly affected only one variable, inter-orbital breadth, and age at death affected two (anterior nasal spine and alveolar prognathism). The interaction of ancestry and sex independently affected three variables (nasal bone contour, nasal breadth, and interorbital breadth). Seven traits had moderate to excellent repeatability, while poor scoring consistency was noted for six variables. Difficulties in repeating several of the trait scores may require either a need for refinement of the definitions, or these character states may not adequately describe the observable morphology in the population. The application of the traditional experience-based approach for estimating ancestry in forensic case work is problematic.     

Understanding the public perception and satisfaction of a UK police constabulary

This study explores the public perception of a community in Britain, towards a police constabulary in the UK. The study sought to explore how the levels of satisfaction between Black and Minority Ethnicities (BME) and non BME communities towards this police force in the UK. Using a mixed-methods approach, data was obtained by the use of self-completion questionnaires of 112 participants in an area in the UK and the use of a total of 31 semi-structured interviews. The findings show that participants questioned police competence, the duty of police officers, policing conduct in relation to investigations, experiences of prejudice and expectations communities have of the police. The results for this study showed that there is some support for the idea that the perception of the police during the first contact with a member of the public is likely to be the most powerful predictor of future opinions on the police. This comes from the idea that the public are concerned not only with what the police do in the community, but how they do their work. Finally, as the current study is concerned with policing the local communities, it is important to remember that members of the community will respond positively to being included in police procedure deliberations and audits. The findings suggest that there is still much work to be done by the police service in order to improve the relationship with the communities that they serve. We argue much more emphasis should be placed on community work and increased engagement with younger people in schools and the wider general public.