After the sunset: the residual effect of temporary legislation

The difference between permanent legislation and temporary legislation is the default rule of termination: permanent legislation governs perpetually, while temporary legislation governs for a limited time. Recent literature on legislative timing rules considers the effect of temporary legislation to stop at the moment of expiration. When the law expires, so does its regulatory effect. This article extends that literature by examining the effect of temporary legislation beyond its expiration. We show that in addition to affecting compliance behavior which depends on statutory enforcement, temporary legislation also affects compliance behavior which does not depend on statutory enforcement, and more generally, organizational behavior after a sunset. When temporary legislation expires therefore, it can continue to administer regulatory and other effects. We specify the conditions for this process and give the optimal legislative response.     

Public support for the courts: An examination of alternative explanations

Public opinion surveys consistently show that there are generally high levels of support for the court system. While there exists general public support for the courts, the most often heard criticism is that the courts are too lenient. The purpose of this study is to describe public attitudes toward the courts and examine a number of explanations of public support for, or against, the courts. The article examines five hypotheses: (1) respondents who are pro-punishment would not be supportive of the courts; (2) respondents who are supportive of the police and the correctional system would be supportive of the courts; (3) respondents who are supportive of the police would not be supportive of the courts; (4) respondents who identify themselves as conservative would not be supportive of the courts; and (5) respondents who express fear and/or concern about crime, and/or who have experienced victimization would not be supportive of the courts. It is found that members of the public express diffuse support for the courts, but criticism center around court leniency and plea bargaining. At least partial support is found for all five hypotheses with support for strong punitive sanctions the best predictor of attitudes toward the courts.     

Published findings from the spouse assault replication program: A critical review

Published reports from seven jointly developed experiments have addressed whether or not arrest is an effective deterrent to misdemeanor spouse assault. Findings supporting a deterrent effect, no effect, and an escalation effect have been reported by the original authors and in interpretations of the published findings by other authors. This review found many methodologically defensible approaches used in these reports but not one of these approaches was used consistently in all published reports. Tables reporting the raw data on the prevalence and incidence of repeat incidents are presented to provide a more consistent comparison across all seven experiments. This review concludes that the available information is incomplete and inadequate for a definitive statement about the results of these experiments. Researchers and policy makers are urged to use caution in interpreting the findings available to date.     

Democracy promotion in Kosovo: mapping the substance of donor assistance and a comparative analysis of strategies

From the perspective of Kosovo, this article contributes to a growing literature focusing on the substance of donor-driven democracy promotion. Drawing on extensive empirical research between 2010 and 2012, the research provides greater insights into which donors are providing what sort of assistance; how the content and focus of aid are decided and formulated; and the behaviour of the European Union (EU) and other large donors compared with small bilaterals and private foundations. By including the category of ‘governance-oriented’ assistance to classify donor initiatives, a more nuanced mapping of priorities and strategies is offered, which distinguishes between those measures designed to engage civil society (developmental), those focusing on institutions and elite level change (political), and interventions specifically designed to promote closer interaction between government and nongovernmental actors. The conclusion reached is that, although overall levels of aid to Kosovo have remained relatively stable since 2008, donor behaviour is in flux, with evidence of an emergent distinction between what larger donors offer and the provision of smaller bilaterals and private foundations. This, it is argued, has serious implications for the capacity of the EU to continue providing extensive aid across a wide range of issues and policy areas as part of its pre-accession assistance.     

Legal, Individual, and Environmental Predictors of Court Disposition in a Sample of Serious Adolescent Offenders

Historically, the juvenile court has been expected to consider each youth's distinct rehabilitative needs in the dispositional decision-making process, rather than focusing on legal factors alone. This study examines the extent to which demographic, psychological, contextual, and legal factors, independently predict dispositional outcomes (i.e., probation vs. confinement) within two juvenile court jurisdictions (Philadelphia, Phoenix). The sample consists of 1,355 14- to 18-year-old male and female juvenile offenders adjudicated of a serious criminal offense. Results suggest that legal factors have the strongest influence on disposition in both jurisdictions. For example, a higher number of prior court referrals is associated with an increased likelihood of secure confinement in both jurisdictions. Juveniles adjudicated of violent offenses are more likely to receive secure confinement in Phoenix, but are more likely to be placed on probation in Philadelphia. Race is unrelated to dispositional outcome, but, males are consistently more likely than females to be placed in secure confinement. Importantly, individual factors (e.g., developmental maturity) generally were not powerful independent predictors of disposition. Finally, an examination of the predictors of juvenile versus adult court transfer in Phoenix indicated that males, older juveniles, and those with a violent adjudicated charge were more likely to be transferred to adult court, while juveniles scoring high on responsibility as well as those juveniles with an alcohol dependence diagnosis were more likely to be retained in juvenile court.