A higher bar: Institutional impediments to hate crime prosecution

Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified: evidentiary inflation, by which law enforcement uses a higher burden of proof than what is required by statute; loose coupling between police departments and prosecutors' offices; and cultural distance between law enforcement and victims. Findings also reveal that advocacy groups and media can successfully increase the visibility of cases and draw the attention of prosecutors. The findings align with aspects of legal endogeneity theory and enhance our understanding of the role of organizations in constructing the meaning of law. The results also help explain why some laws are rarely enforced, even when they have support from key personnel in an organization.     

The Theory and Practice of “Nudging”: Changing Health Behaviors

Many of the most significant challenges in health care—such as smoking, overeating, and poor adherence to evidence‐based guidelines—will only be resolved if we can influence behavior. The traditional policy tools used when thinking about influencing behavior include legislation, regulation, and information provision. Recently, policy analysts have shown interest in policies that “nudge” people in particular directions, drawing on advances in understanding that behavior is strongly influenced in largely automatic ways by the context within which it is placed. This article considers the theoretical basis for why nudges might work and reviews the evidence in health behavior change. The evidence is structured according to the Mindspace framework for behavior change. The conclusion is that insights from behavioral economics offer powerful policy tools for influencing behavior in health care. This article provides public administration practitioners with an accessible summary of this literature, putting these insights into practical use.     

Truth,justice, and education: towards reconciliation in the former Yugoslavia

Key to the success of peacebuilding and social reconstruction in the former Yugoslavia are the attitudes of these young people. Our goal in this paper is to explore young people’s attitudes about the prospects of reconciliation vis-a-vis those with whom their nations were formerly at war. In particular, we examine three sets of factors. First, we contend that the level of contact among people engendered by the segregated educational systems affects the attitudes of the young about the possibility of reconciliation. We suggest that those who are able to interact more frequently with fellow students from other ethnic groups will be more likely to believe in the possibility of reconciliation. Second, we contend that attitudes of young people about which ethnic groups were responsible for the violence in the former Yugoslavia and the efforts of the international community to bring truth and justice will strongly influence attitudes. Finally, we examine other factors such as education and the influence of gender on reconciliation.     

A Method of Automated Nonparametric Content Analysis for Social Science

The increasing availability of digitized text presents enormous opportunities for social scientists. Yet hand coding many blogs, speeches, government records, newspapers, or other sources of unstructured text is infeasible. Although computer scientists have methods for automated content analysis, most are optimized to classify individual documents, whereas social scientists instead want generalizations about the population of documents, such as the proportion in a given category. Unfortunately, even a method with a high percent of individual documents correctly classified can be hugely biased when estimating category proportions. By directly optimizing for this social science goal, we develop a method that gives approximately unbiased estimates of category proportions even when the optimal classifier performs poorly. We illustrate with diverse data sets, including the daily expressed opinions of thousands of people about the U.S. presidency. We also make available software that implements our methods and large corpora of text for further analysis.     

Maximizing order or harm? Arrests among a social network of people who inject drugs in a large urban city

Encountering the criminal justice system at the first point of entry---an arrest---is associated with heightened HIV and Hepatitis risk behavior among people who inject drugs (PWIDS). Intervening structurally through the criminal justice system impacts public health; therefore, determining arrest patterns is an important tool for risk reduction. Among a sample of 740 PWIDs, and their social network members recruited from predominantly African-American neighborhoods in Baltimore City, a third were recently arrested in the previous six months, and of those, the arrests were disproportionately African-American persons and characterized as nonviolent, i.e., drug possession/attempt to purchase (38%) and loitering (29%). Poisson regression models were built adjusted for age, sex, race, education level, homelessness, and monthly income after exploring bivariable characteristics of arrests using chi-squared tests. Active drug use was associated with a recent arrest (adjusted prevalence ratio: aPR 2.38 95% CI 1.6, 3.6), in addition to participants who recently reported attending a syringe exchange program (aPR 1.45 95% CI 1.1, 2.0). Our findings are suggestive of recent media coverage and burgeoning research revealing the prioritization of policing resources toward both communities of color and neighborhoods of intensified drug trafficking. Further research is warranted to contextualize the operationalization of criminal justice resources and the impact on community health.     

The importance of dark adaptation for forensic examinations; an evaluation of the Crime-lite Eye™

Forensic practitioners are recommended to dark adapt their eyes prior to conducting evidential searches in the dark. The dark adaptation process remains poorly standardised across the discipline, with little quantified regarding the benefits of such preparative steps. Herein, we report the findings of a study that recruited 50 participants to assess the effectiveness of the Crime-lite Eye?, a darkness adaptation device developed to assist forensic practitioners both in the laboratory and in field. Participants were tasked with searching for the fluorescent signatures left by reaction of 1,8-diazafluoren-9-one (DFO) with amino acids, in a manner akin to the fluorogenic fingerprint treatment of porous evidence. Using an Epson Stylus Photo R265 inkjet printer, ink cartridges were filled with alanine solutions of various concentrations, allowing different motifs to be printed onto copy paper and subsequently developed using DFO. Participants searched for this ‘evidence’ both with and without dark adapted vision. On average, participants were able to locate and correctly recognise 16% more evidence once dark adapted using the Crime-lite Eye?.The increase in evidence located by participants once dark adapted suggests that crime scene officers should be dark adapting in order to visualise as much as possible. The time taken to dark adapt, 10?min on average during this study, is not excessively long, and should not significantly slow the investigation.     

Against Personifying the Reasonable Person

One way in which fact finders are supposed to determine the reasonableness of a defendant is via a counterfactual test that personifies the reasonable person. We are to imagine the reasonable person being in the defendant’s circumstances. Then we are to determine whether the reasonable person would have done as the defendant did. This paper argues that, despite its prevalence, the counterfactual test is a hopeless guide to determining defendant reasonability. In brief, the test is of the wrong sort to give fact finders the requisite guidance. What we are after is not a counterfactual judgment (what the reasonable person would do) but instead is a question of possibility (what could the reasonable person do). However, since the only thing impossible of the reasonable person is being unreasonable, personifying the reasonable person cannot offer any useful guidance on this question.     

Profiling the mobile customer – Is industry self-regulation adequate to protect consumer privacy when behavioural advertisers target mobile phones? – Part II

Mobile customers are increasingly being tracked and profiled by behavioural advertisers to enhance delivery of personalized advertising. This type of profiling relies on automated processes that mine databases containing personally-identifying or anonymous consumer data, and it raises a host of significant concerns about privacy and data protection. This second article in a two part series on “Profiling the Mobile Customer” explores how to best protect consumers’ privacy and personal data through available mechanisms that include industry self-regulation, privacy-enhancing technologies and legislative reform.¹ It discusses how well privacy and personal data concerns related to consumer profiling are addressed by two leading industry self-regulatory codes from the UK and the U.S. that aim to establish fair information practices for behavioural advertising by their member companies. It also discusses the current limitations of using technology to protect consumers from privacy abuses related to profiling. Concluding that industry self-regulation and available privacy-enhancing technologies will not be adequate to close important privacy gaps related to consumer profiling without legislative reform, it offers suggestions for EU and U.S. regulators about how to do this.²     

Who are Chinese Citizens? A Legislative Language Inquiry

By exploring the meaning construction of Chinese citizenship stipulated in Chinese legislation and its interaction with social identities and human nature in the Chinese society, the present study investigates the nature and evolution of the conception of Chinese citizens through three selected cases from Chinese legislations, which illuminate that Chinese citizens are essentially persons with independent personalities defined by the rights and obligations stipulated in legislation. This conception is further strengthened by the entitlement to private properties and equality before law. This conception of Chinese citizenship is concrete and meaningful in the sense that it is underpinned with reference to social identities as person, people and personality in Chinese legislations. The reference of the conception to human being constitutes the essence of Chinese legislation. The meaning construction of Chinese citizenship is indeed a dynamic process engineered in the social and cultural process. The findings on the evolution of the construction of Chinese citizenship in Chinese legislation suggest that the formation of legal identity through legislation varies greatly in different countries. Nevertheless, the realization of the conception of citizenship will necessarily be backed up by social identities as person, people and personality, which will be further strengthened and expanded by the legitimating of private properties and equality before law. Citizenship is achieved by social participants through mediation engineered within the social and cultural process.