Nationalism, Regionalism, and State Institutions: An Assessment of Opinions in Spain

Acknowledging Spain's diversity, this article assesses the impactof nationalism, regionalism, and other factors on public opinionabout the country's young democratic institutions. Utilizingsurvey data, the analysis focuses on national and regional variationsin public preferences for central state institutions and federalistor other designs for state-regional relations. It concludesthat a strong base of support exists for the current democraticsystem and the institutions through which it is implemented.Nevertheless, some doubts remain about the basic state structureof central-regional relations.     

Stag Hunting with the State AG: Anti-Tobacco Litigation and the Emergence of Cooperation Among State Attorneys General

Employing a critical-mass theory of collective action, this article models the emergence of cooperation among state attorneys general in litigation against the tobacco industry. These suits were not independent events, nor was cooperation based on prior agreement among the attorneys general. Rather, cooperation emerged over time as a result of interdependent decision-making, with early lawsuits increasing the likelihood of later suits. The model emphasizes the "production function" of the collective good and the heterogeneity of the attorneys general and their political environments as keys to the development of cooperation. The model is tested against data using event history analysis.     

THE EFFECT OF GENDER ON THE DECISION TO INCARCERATE BEFORE AND AFTER THE INTRODUCTION OF SENTENCING GUIDELINES*

The present study explores the relationships between gender and imprisonment decisions in Minnesota before and after the introduction of sentencing guidelines. Results from a series of logistic regression models indicate that gender alone did not have a significant impact on the likelihood of imprisonment, but women with dependent children were significantly less likely to be imprisoned before sentencing guidelines and in the years subsequent to their implementation. The findings suggest that despite the introduction of sentencing reforms, court officials tend to return to issues of substantive justice, and they appear unable to shed their individual or organizational ideas of fairness in sentencing.     

ENTER THE DRAGON: INSIDE CHINESE HUMAN SMUGGLING ORGANIZATIONS*

This paper examines the inner workings of Chinese human smuggling organizations. Contrary to widely held conceptions about Chinese organized crime, most alien smugglers are otherwise ordinary citizens whose familial networks and fortuitous social contacts have enabled them to pool resources to transport human cargoes around the world. They come from diverse backgrounds and form temporary alliances to carry out smuggling operations. With the exception of a shared commitment to making money, little holds them together. The smuggling organizations mostly resemble ad hoc task forces and are assembled for specific operations. These organizations have clear divisions of labor with limited hierarchical structures. We discuss the theoretical implications of their unique organizational characteristics.     

General systems theory and criminal justice

Criminal justice agencies are organized sequentially — “output” from one agency is “input” to the next — but most scholars argue that criminal justice is not a system in a theoretical sense. In this article, it is argued that general systems theory (GST) reveals important insights into criminal justice structures and functions. Specifically, it is argued that the criminal justice system processes “cases” rather than people, and that the common goal of criminal justice processing is to “close cases so that they stay closed.” It also is argued that processing capacity progressively declines, in that at each system point the subsequent agency cannot input as many cases as the previous agency can output. Each agency therefore experiences “backward pressure” to close cases in order to reduce input to the next agency. Overall, this article highlights that criminal justice agents and agencies are best understood as operating in the context of the larger whole, thus it is concluded that criminal justice is a system in the sense of general systems theory.