Editorial

Criminal Law and Philosophy -     

Exploring theoretical linkages between self-control theory and criminal justice system processing

Using Gottfredson and Hirschi's (1990) self-control construct for theoretical leverage, this conceptual article offers a preliminary framework for examining discretion, criminal justice decision-making, and criminal justice system behavior. Low self-control likely facilitates negative interactions between defendants, police, judicial officers, and correctional staff, potentially affecting discretionary outcomes. Research questions are provided for future investigators to begin empirical assessment of the relationships between self-control and criminal justice processing. As a global construct, self-control could be incorporated into criminal justice models as a potentially robust correlate of discretion, decision-making, recidivism, and offender noncompliance with the criminal justice system.     

Political Neutrality and Punishment

This paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a proper understanding of both liberalism and retributive punishment allows us to dissolve some of the tensions whilst also bringing each position into sharper relief. The paper begins by introducing the liberal position and outlining the apparent tensions that may arise with retributive punishment. In so doing, there is also a brief discussion of how this debate relates to the more familiar dispute between legal moralists and their opponents. The paper then proceeds by considering each of the areas of tension in turn.     

T-Test for Terrorism: Did the Introduction of Proportional Representation Reduce the Terrorist Threat? A Time-Series Case Study of Algeria and Northern Ireland

Can electoral reform lead to a reduction in the number of terrorist incidents? Economists have shown that the introduction of constitutional institutions such as courts in the early eighteenth century had a direct effect on investment. Could there be a similar link between the introduction of proportional representation (PR) electoral systems and a reduction in the number of terrorist attacks? Previous studies using cross-sectional data have found a negative correlation between the presence of PR-electoral systems and the number of terrorist incidents. However, earlier studies were based on aggregate figures, not on time-series data. They did not provide a direction that could be used to measure the possible effect of the introduction of PR. This research note addresses this problem. Using a paired samples t-test it is possible to show that the introduction of proportional representation in Northern Ireland and Algeria led to a marked reduction in the number of terrorist attacks. The note thus adds strength to earlier studies.     

Alachua free‐net: Looking for the First Amendment at one outpost on the information highway*

Many communities are developing civic computer networks to provide citizens with free access to local information resources and the Internet. However, most networks restrict both commercial speech and any language deemed “objectionable.”; Whether such broad discretionary power violates the First Amendment depends on whether the networks are state actors. An examination of one such network, Alachua Free‐Net, reveals a close symbiotic relationship between the network and several local government entities. Symbiotic relationships between the state and a private party in other contexts have been held by the courts to constitute state action. Thus, Alachua Free‐Net appears to be a state actor and must conform its speech restrictions to the requirements of the First Amendment. Moreover, whether state actors or not, civic computer networks such as Alachua Free‐Net should commit themselves to providing full First Amendment freedoms to their users.