Contradictions in Judicial Support for Capital Punishment in India and Bangladesh: Utilitarian Rationales

India and Bangladesh share a common history, and each has developed somewhat similarly since partition. However, while both countries now have relatively low murder rates, India has seen a decline in the rate of executions, while Bangladesh continues to impose death sentences and carry out executions at a higher rate. There have been challenges to the death penalty in India, restricting its use to exceptional cases. The same has not occurred in Bangladesh. Yet in both countries, systemic flaws in the criminal process are evident. This article draws on two original empirical research projects that explored judges’ opinions on the retention and administration of capital punishment in India and Bangladesh. The data expose justice systems marred by corruption, incompetence, abuses of due process, and arbitrary and inconsistent treatment of defendants from arrest through to conviction and sentencing. It shows that those with the power to sentence to death have little faith in the integrity of the criminal process. Yet, a startling paradox emerges from these studies; despite personal knowledge of its flaws, judges have trust in the death penalty to deter crime and to realise other sentencing aims and feel retention benefits society. This is explained by reference to utilitarian values. Not only did our judges express strongly utilitarian justifications for sentencing people to death, in terms of their erroneous belief in its deterrent effect, but some also articulated utilitarian justifications for misconduct in pre-trial processes, suggesting that it was necessary to break the rules to secure convictions when the system was dysfunctional and ineffective.

     

Presidential Address: “A Thousand Petty Fortresses”: Administrative Burden in U.S. Immigration Policies and Its Consequences

Contradictory elements in U.S. immigration policy, reflecting a long‐time struggle between inclusionary and exclusionary views, have resulted in federal legislation filled with compromises and tradeoffs that, at state and sub‐state levels, play out in unclear interpretations and uneven, highly discretionary administration and enforcement of immigration law and policy. This research describes a tool of discretionary administration—administrative burden—that is increasingly used in enforcing immigration law and policies at state and sub‐state levels and presents a theoretical frame for more fully investigating and addressing its consequences. The application and implications of administrative burden are explored empirically and qualitatively in a case study analysis of an enforcement‐oriented policy change in Texas that denied access to birth certificates for some citizen‐children born to Mexican immigrants. To better understand the potential consequences of this and related policies, interviews with immigrant parents and longitudinal data from a survey of children of immigrants are analyzed to assess both short‐term and later outcomes of children who are denied economic assistance and other benefits under policies that impose barriers to their integration into society. The study findings point to serious, adverse consequences for citizen children of state and sub‐state immigration policies that create administrative burden and perpetuate racial discrimination, while simultaneously diminishing the transparency, fairness, and effectiveness of public administration.     

Older Romantic Partners and Depressive Symptoms During Adolescence

Although developmental theory predicts that adolescent romantic relationships have important benefits, empirical evidence suggests that they may also carry substantial psychosocial risk. This study uses data from 4,948 respondents (50% female) in Wave I and Wave II of the National Longitudinal Study of Adolescent Health to examine the association between involvement with an older romantic partner and depressive symptoms during adolescence. Ordinary least squares regression models compared Wave II depressive symptoms among respondents with older partners (defined as an age difference of 2 or more years) to respondents with same-age or younger partners, controlling for baseline depressive symptoms and sociodemographic characteristics. Ten percent of females and two percent of males reported having an older romantic partner at Wave II. Among females only, involvement with an older romantic partner was associated with a modest but significant increase in depressive symptoms between waves. This association was largely mediated by increases in substance use. Findings suggest that involvement with an older male partner during adolescence may increase the risk of poor emotional outcomes among females.     

Antecedents and Consequences of Psychiatric Disorders in African-American Adolescents

This study included three waves of data, collected from approximately 890 African-American children and their families. Antecedents and consequences of psychiatric disorders among this population were examined. Children’s temperament, pubertal timing, and experience of stressful life events were tested as antecedents of psychiatric disorders. Several aspects of school functioning were then tested as consequences of psychiatric disorders. In addition, children with a single psychiatric disorder and those with comorbid disorders were statistically compared. Results showed that (1) children with at least one disorder, compared to those with no disorder, exhibited significantly more difficult temperament, experienced puberty earlier, and underwent greater numbers of stressful life events; (2) those with at least one disorder had significantly poorer school outcomes than those with no disorder; (3) children with comorbid disorders, compared with those who had only one disorder, displayed lower educational aspirations and poorer school commitment.

Can the market help the forum? Negotiating the commercialization of deliberative democracy

Deliberative ideals have become commercial goods bought and sold in an expanding consultancy market. In this market, demand is generated by government and advocacy groups seeking innovative ways to engage with the public. On the supply side are a growing number of commercial organizations selling deliberative goods and services such as process design, facilitation and evaluation. This paper characterizes the nature of this deliberative market, and considers its implications for democracy and contemporary governance. An analysis of deliberative consultants finds that their professional world is more akin to a ‘community of practice’ rather than a marketplace. But the development of this community of deliberative practitioners could go in opposing directions. On the one hand consultants could become the entrepreneurs of deliberative democracy, promoting and demonstrating its benefits for policy making. On the other hand, if the motivations for deepening democracy are fully replaced by business imperatives and competition, then the deliberative project would be severely undermined. Rather than predict the future, the paper identifies some of the opportunities and challenges for democratic governance as elements of deliberative democracy are commodified.