Effects of offender gender on prosecutorial decision-making

This article addresses the extent to which an offender’s sex and the type of offense influences decisions made by prosecuting attorneys in criminal cases. Prosecutors in one south-eastern state were asked to decide initial charging, plea negotiations, and sentence recommendations in two hypothetical crime scenarios. The first scenario depicted a gender-neutral crime; the second described a traditionally masculine crime. The sex of the offenders was varied in two different versions of the scenarios. The findings reveal that prosecutors treated the male and female offenders differently. In particular, prosecutors recommended harsher sentences for the female offender, regardless of the type of offense. Authors are listed in alphabetical order.     

Crime and human nature: a Marxist perspective

This paper explores a Marxist interpretation of the relationship between crime and human nature. Arguments are reviewed as they appear in the writings of Marx and Hegel. Evidence for these arguments is then sought from contemporary materials in sociology and social psychology. Further evidence is presented in the form of case studies collected in a maximum security prison. We conclude with a discussion of the ethical and methodological implications of this approach.     

Getting Tough With Juvenile Offenders: Ignoring the Best Interests of the Child

Abstract Despite a declining delinquency rate, legislatures and courts are getting tough with juveniles. Such policies are antithetical to the “best interest of the child” philosophy and counter-productive to treatment. Protecting the child's rights to due process and individualized treatment must be enhanced, not subverted. The laws which govern the behavior of citizens, companies, institutions, and various other elements in our society are man-made. “Public policy is whatever governments choose to do or not to do.”¹ However, these decisions are not made in a vacuum. They are ultimately made by the confluence of the Executive, Legislative, and Judicial branches of the government that are, and of necessity must be, at least tangentially responsive to perceived public needs. “Courts respond … to societal pressures; they are moved by the same tides of public opinion as are legislatures and executives.”² The resultant public policies and the programs created to administer them reflect these societal needs and respond to them accordingly. The evolution of the Children's Code in America, its eventual adoption into law and its subsequent changes over the years mark these shifts in society's view of its children. Throughout this slow and sometimes grudging process, the legal status of children has made numerous gains. Today, children hold a special place in our culture and until recently, the Children's Code was utilized to assist them in maintaining and enhancing that status. However, within the last few years this tide of evolutionary gains has turned into a flood of erosion of due process rights. Yet:     

Trend analysis of the 1984 GOP senatorial spots

The paper presents a quantitative and qualitative analysis of 101 senatorial spots of the 1984 national campaign. Examining the advertisements according to the classification system outlined by Diamond and Bates in The Spot, the authors note the emergence of negative attack spots as the most predominant type of advertisement among incumbents and challengers and present notable trends according to region and other characteristics of the spots of the 1984 GOP senatorial television blitz.     

Scientific opinion in policymaking: the case of climate change adaptation

The urgent need for policy decisions often outpaces scientific discovery. At such times, policymakers must rely on scientific opinion. This is the case with many aspects of current climate policy, especially those involving untested but potentially necessary adaptations to reduce vulnerability to climate change. Unfortunately, scientific opinion is not currently defined, measured, or used in a standardized way, which often allows for the accidental or intentional dissemination of misinformation and the marginalization of science where science could be most beneficial. In this article, we argue that scientific opinion can be usefully measured by systematic surveys of scientists that employ standards similar to those that govern public opinion surveys, including systematic decisions about target populations, sampling frames, and sampling techniques. We demonstrate this approach with the methodology for a study of scientific opinion on a potential adaptation to climate change, the managed relocation of species. We show that survey results may be used to corroborate other types of information, refine or contradict other information, and offer novel insights into emerging issues, such as adaptations to climate change, that are currently not addressed with any other type of available information.     

Constructing Cooperation in Northeast Asia: historical Northeast Asian dyadic cultures and the potential for greater regional cooperation

What are the obstacles to greater cooperation in Northeast Asia and why have the nations of the region not been entirely successful in moving beyond history, toward greater cooperation? Conducting a brief survey of Northeast Asian IR and power alignment patterns from the Imperial/Dynastic era to the present, this essay utilizes the constructivist approach to assess regional alignment patterns in Northeast Asian history corresponding to six historical time periods, ranging from Ming China to the present. It does so by employing Wendt's system-level cultures of anarchy (Hobbesian, Lockean and Kantian cultures) at the dyadic/second level of analysis and the regional level of analysis (level 2.5), rating the various eras as to levels of cooperation vs enmity, with an eye to identifying the reasons for today's tension points. It concludes that despite such tension points and unresolved historical issues, anarchy in Northeast Asia today is not Hobbesian (enmity), but rather Lockean (rivalry). Consequently and first, war, nuclear proliferation and security spirals may be avoidable with proper sensitivity to the issues that continue to pose as obstacles to regional cooperation, including historical grievances, uncertainties over China's rise and the US role in the region, the North Korean nuclear issue and others. Second, attention to improving the dyadic cultures (China–Japan, South Korea–North Korea, etc.) that together comprise the region's relational culture (either Hobbesian, Lockean or Kantian) make greater regional cooperation possible and even more likely.     

On Incompetent Monks and Able Urbane Nuns in a Buddhist Monastic Code

Most modern scholars seem to assume that Buddhist monks in early India had a good knowledge of Buddhist doctrine and at least of basic Buddhist texts. But the compilers of the vinayas or monastic codes seem not to have shared this assumption. The examples presented here are drawn primarily from one vinaya, and show that the compilers put in place a whole series of rules to deal with situations in which monks were startlingly ignorant of both doctrine and text. One of these examples is particularly interesting for what it suggests about the linguistic sophistication of nuns, and another because it presents a case in which a nun is required to fill an important liturgical role in public and in the presence of monks.     

Personal Politics and Being British: Political Rhetoric,Democracy and their Consequences in Colonial New South Wales

This paper argues that although our understanding of politics in colonial New South Wales in the period after 1856 has increased in recent times there is little appreciation of the political rhetoric employed to justify those politics. It contends that the key to understanding that rhetoric is an appreciation that politics was not understood in terms of institutional design but focused rather on the quality of political leaders. In particular, as exemplified by the case of Henry Parkes, it involved being British and being able to work British institutions. This emphasis on personal politics, rather than institutional matters such as the creation of checks and balances, helped to shape the nature of democratic institutions in Australia. In particular it encouraged a form of democracy that concentrated power. The refusal of members of the Legislative Council to oppose the Influx of Chinese Restriction Bill is an early indication of the consequences of that form of democracy.     

Designing Historical Social Scientific Inquiry: How Parameter Heterogeneity Can Bridge the Methodological Divide between Quantitative and Qualitative Approaches

Seeking to advance historical studies of political institutions and behavior, we argue for an expansion of the standard methodological toolkit with a set of innovative approaches that privilege parameter heterogeneity to capture nuances missed by more commonly used approaches. We address critiques by prominent historians and historically oriented political scientists who have underscored the shortcomings of mainstream quantitative approaches for studying the past. They are concerned that the statistical models ordinarily employed by political scientists are inadequate for addressing temporality, periodicity, specificity, and context—issues that are central to good historical analysis. The innovations that we advocate are particularly well suited for incorporating these issues in empirical models, which we demonstrate with replications of extant research that focuses on locating structural breaks relating to realignments and split‐party Senate delegations and on the temporal evolution in congressional roll‐call behavior connected to labor policy during the New Deal and Fair Deal.