Buying Negative Agenda Control in the U.S. House

We explore the foundations of the legislative party cartel, as theorized by Cox and McCubbins (1993, 2005) , to determine how majority‐party moderates who suffer net policy losses from the majority leadership's use of negative agenda control are kept from defecting from the cartel arrangement. First, we identify formally the group of majority‐party members who are net policy losers. We find that those members occupying the initial 30% of the space within the majority‐party blockout zone—that space closest to the floor median—are hurt on a pure policy basis by the cartel arrangement. Second, we find that members in this “30% zone” are rewarded disproportionately by majority‐party leaders (relative to members in other intervals on the same side of the floor median) via side payments in the form of campaign contributions. In addition, majority‐party members within the 30% zone receive side payments commensurate with their particular policy loss.     

Discordance of Gross and Histologic Findings in Estimating the Range of Fire of Gunshot Wounds

Forensic pathologist use soot and/or stippling surrounding entrance gunshot wounds in categorizing range of fire. If absent, some pathologists suggest utilizing histology when the range is diagnostically critical. This study investigates the concordance of macroscopic and microscopic findings in estimating range of fire by evaluating gunshot entrance and exit wounds made through human tissue analogs at defined distances using two handgun calibers. Examination of over 150 entrance wounds verified the ease of visually detecting soot from a muzzle distance of contact to 1 foot (30.5 cm), and its absence at 9 feet (274.3 cm). Distinctly apparent was bullet wipe surrounding the entrance wounds regardless of muzzle distance. Although variations existed, dark material was histologically identified in many skin, soft tissue, and bone sections at all ranges with both calibers. These nonparallel results decrease the dependability of histology for range of fire estimation and reinforce using gross observation.     

Punishment in Indian Country: Ironies of Federal Punishment of Native Americans

Native Americans are US citizens, but they are also tribal nationals subject to complex and unique criminal jurisdiction arrangements over Indian lands. Tribal nations typically have tribal court jurisdiction over less serious crimes, but for serious crimes the federal justice system often supersedes tribal authority, exposing Native Americans to more severe punishments. In addition, recent federal programs have attempted to foster greater tribal/federal criminal justice coupling. Yet, examinations of criminal punishment of Native Americans are few, and most are outdated and/or of very limited generalizability. We examine the punishment of Native American defendants in federal court, focusing on 28 federal districts with substantial Indian presence. Using recent US Sentencing Commission data, as well as contextual data from the Bureau of Indian Affairs and tribal courts, we focus on differences in the federal sentencing of Native American defendants, and how these differences are conditioned by indicators of tribal-federal criminal justice coupling.     

The (Un)Acceptability of Betrayal: A Study of College Students' Evaluations of Sexual Betrayal by a Romantic Partner and Betrayal of a Friend's Confidence

Because loyalty and trust are viewed as key requirements for relationships with friends as well as with romantic partners, acts of betrayal, which violate the trust on which these relationships are based, are viewed as serious transgressions. This study focused on 2 commonly occurring kinds of betrayal—betrayal of a friend's confidence despite a promise not to do so and sexual betrayal by a romantic partner despite an agreement to be monogamous. Approximately 261 college students, aged 18 to 23, answered questions concerning the acceptability of betrayal under a variety of different conditions and described their self-restraint, tolerance of deviation, and betrayal behavior. Despite pervasive disapproval of betrayal, the extent of disapproval was a function of the type of betrayal (whether of a romantic partner or a same-sex friend), the justification for the betrayal, the sex of the transgressor, and the characteristics of the respondent. There was greater acceptance of sexual betrayal than betrayal of a friend's confidence, of male than female transgression, and by male than female respondents. These results are largely accounted for by the finding that male respondents gave high ratings of acceptance of sexual betrayal by male transgressors. Acceptance of both forms of betrayal was correlated with lack of self-restraint, tolerance of deviation, and behavioral betrayal.     

Garner plus five years: An examination of Supreme Court intervention into police discretion and legislative prerogatives

This paper examines legislative changes, state attorney general activities, and early federal case law following the 1985 United States Supreme Court holding inTennessee v. Gamer that laws authorizing police use of deadly force to apprehend fleeing, unarmed, non-violent felony suspects violated the Fourth Amendment. Only four of the 23 states apparently affected by this decision have brought their statutes into line with it. Only two of the attorneys general in the remaining 19 states have advised police of the decision. These findings indicate that control of police discretion in use of deadly force has been assumed by police administrators, and that criminal law definitions and the legal advice of attorneys general are largely irrelevant to effective control of police behavior     

Trading amnesty for impunity in Timor-Leste

In 1999, the United Nations made a strong stand against impunity for human rights crimes by prohibiting the inclusion of blanket amnesties in peace agreements. This article examines the impact of the UN’s anti-amnesty policy on one of the first states to be affected by it, Timor-Leste. It argues that even in the absence of an amnesty, more than 15 years after independence impunity still reigns in Timor-Leste, due a lack of judicial capacity, political interference, the persistent belief that amnesties facilitate reconciliation, and an unwillingness on the part of the international community to adequately fund the justice process. That is, this article argues that the UN has oversold its position on amnesties, and that although its anti-amnesty policy is taking hold, in the case of Timor-Leste at least, justice seems as elusive as ever.     

Using Reentry Simulations to Promote Changes in Attitude toward Offenders: Experiential Learning to Promote Successful Reentry

This research examines the viability of using reentry simulations as a tool for influencing changes in participants’ perspectives about the realities of coming back in the community after a period of incarceration. Using both quantitative and qualitative methodologies, we investigated changes in attitudes toward offenders after participants completed a reentry simulation designed to replicate the experience of the first four weeks in the life of a person attempting to reenter society after incarceration. Participants were 27 students enrolled in a community corrections course that was cross listed and co-taught between criminal justice and social work. Participants completed a quantitative pre- and post-test that assessed attitudes toward prisoners as well as a reflection assignment about the simulation experience. Wilcoxon Signed Rank Test was used to analyze scores from pre- and post-tests. Qualitative analysis of the reflection papers identified and analyzed themes. Both quantitative and qualitative analysis indicate that simulations humanize perspectives toward former offenders and develop a better understanding of their situation. This understanding creates empathetic feelings that can reduce discrimination and stigma, thereby creating an environment more conducive to successful reintegration. Based on the results of this study, use of simulation-based training is recommended with audiences including criminal justice personnel, service providers, court practitioners, judges, and legislators as a way to more clearly articulate the realities faced by this vulnerable population.

     

Causal inference and American political development: the case of the gag rule

Public Choice - We extend previous work on the role of politically motivated donors who contribute to candidates in an election with single dimension policy preferences. In a two-stage game wherein...