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51.
This study uses criminal court data from the Pennsylvania Commission on Sentencing (PCS) to investigate the sentencing of juvenile offenders processed in adult criminal court by comparing their sentencing outcomes to those of young adult offenders in similar situations. Because the expanded juvenile exclusion and transfer policies of the 1990s have led to an increase in the number of juveniles convicted in adult courts, we argue that it is critical to better understand the judicial decision making processes involved. We introduce competitive hypotheses on the relative leniency or severity of sentencing outcomes for transferred juveniles and interpret our results with the focal concerns theoretical perspective on sentencing. Our findings indicate that juvenile offenders in adult court are sentenced more severely than their young adult counterparts. Moreover, findings suggest that juvenile status interacts with and conditions the effects of other important sentencing factors including offense type, offense severity and prior criminal record. We discuss these results as they relate to immediate outcomes for transferred juveniles, criminal court processes in general and the broader social implications for juvenile justice policy concerning the transfer of juveniles to criminal court. 相似文献
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BRIAN SMENTKOWSKI 《Law & policy》1994,16(4):395-417
This article investigates the influence of judicial decisions on state legislative oversight of federal funds. A systematic analysis of judicial decisions is undertaken in an effort to reveal (a) the extent to which such activity on the part of legislatures is permitted or denied by courts, and (b) the nature of legal reasoning that determines differential outcomes. The analysis reveals, among other things, that there are two divergent paths of law: one upholding the legislative prerogative to exercise the power of the purse, and the other upholding the executive function of governors to act as custodians and executors of federal funds and programs. The delegation of legislative powers to interim committees is likewise investigated. 相似文献
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This paper explores a major road to substantive representation in democracies, by clarifying whether demands of rich and poor citizens are taken up in the electoral platforms of political parties. Doing so constitutes a substantial broadening and deepening of our understanding of substantive representation – broadening the countries, issue-areas and years that form the empirical basis for judging whether democracies manifest unequal representation; and deepening the process of representation by clarifying a key pathway connecting societal demands to policy outcomes. The paper hypothesises that party systems in general will respond more strongly to wealthy than to poor segments of a polity. It also hypothesises that left parties will more faithfully represent poorer and less significantly represent richer citizens than do right parties. We find substantial support for these expectations in a new dataset that combines multi-country, multi-issue-area, multi-wave survey data with data on party platforms for 39 democracies. 相似文献
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BRIAN F. SCHAFFNER WENDY J. SCHILLER PATRICK J. SELLERS 《Legislative Studies Quarterly》2003,28(2):203-223
This paper focuses on U.S. senators and their home‐state approval ratings from 1981 to 1997. We examine these ratings to assess the relative impacts of tactical factors, such as the senators' bill sponsorship and media activity, and contextual influences, such as economic performance, state population size, and the evaluations and behavior of other elected officials. We find that the senators' own tactical behavior affects the approval ratings, but a stronger influence is the context in which the senators operate. 相似文献
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BRIAN DONOHUE 《Ratio juris》2007,20(2):196-212
Abstract. On Liberty was written to influence the future of democratic government. To that end Mill employed rhetoric, particularly through the use of personifications, to persuade the mid‐nineteenth century British electorate to embrace the cause of civil liberty. His more subtle argumentation was directed to the intelligentsia (both his contemporaries and subsequent generations). Mill's harm principle, perhaps the most influential idea in On Liberty, undergoes a significant qualification in the scope of its application in the last chapter because of the dual argumentative strategy. This has been overlooked by Mill's American interpreters who use the harm principle to justify the judicial activism of the American Supreme Court. Further, the judicial restraint of recent Supreme Court of Canada decisions can be reaffirmed through a scrutiny of Mill's rhetorical agenda. 相似文献
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The popular press frequently reports exorbitant money damage awards by juries. These stories cause paroxysms in the business community because juries are viewed as favoring plaintiffs over corporations. A growing body of literature has examined aspects of this complex issue, but within a limited framework. Prior studies, which are based on data from the early 1980s or before, tend to focus on federal court cases, primarily product liability and medical malpractice torts, only jury verdicts, and single jurisdictions when state courts are included. The objective of this article is to contribute to the literature by examining all tort cases reaching either a bench or a jury trial verdict during a sample period in 1989 in twenty-seven general jurisdiction trial courts. Research is organized around three basic questions. What do torts look like? Do particular types of plaintiffs/defendants gain a higher percent of favorable verdicts? When plaintiffs are awarded money damages, what is the importance of litigant status, while controlling for other factors, in influencing the size of the awards? The article begins by describing the landscape of torts - the typical configurations of the contending litigants, the composition of torts by area of law, the types of trials, verdict patterns, and the average size of awards. Basic contours of the landscape reflect the elemental facts that individuals generally are plaintiffs in these cases and the opposite tendency of corporations, insurance companies, and governments to appear as defendants. Next a model is outlined and tested to determine how strongly different possible determinants shape the size of tort awards in the twenty-seven state trial courts. Does the size of the award depend on the configuration of the parties after taking into account the type of tort, the type of trial, the length of disposition time, and the state in which the court is located? The results indicate that the group of variables representing the various pairing of litigants accounts for most of the explained variation in award size. These findings support the notion that the status of the litigants is an important factor in influencing awards. Because the variables representing some of the individual states are also significant, the evidence also suggests no single, uniform pattern applies across all the courts. Instead, the state context shapes the basic parameters of plaintiff and defendant success. 相似文献