When Is Justice Fair? An Integrated Approach to the Outcome Versus Procedure Debate

Defendants'perceptions of the fairness of their criminal processing outcomes have been the stated concern of some criminal justice reformers. Past research has suggested that these perceptions are influenced by characteristics of the outcome received as well as by characteristics of the process through which the outcome is imposed. This analysis tests a theoretical path model of perceived outcome fairness, which examines the relative influence of both outcome and process characteristics, using survey data collected from 619 prison inmates incarcerated in Minnesota and Illinois. The results indicate that factors related to both outcome and process significantly influence sample inmates'perceptions of their criminal justice processing outcomes and together explain a substantial portion of the total variance. However, two process-related characteristics are found to be the most powerful predictors of perceived outcome fairness. Inmates'perceptions that they are fairly treated by their lawyer, judge, and prosecutor are the strongest correlates of perceived outcome fairness, followed by the mode of disposition through which their outcomes are imposed; inmates who plea bargain are more likely than those who go to trial to perceive their outcome as fair.     

Leading and learning? Knowledge transfer in the Beacon Council Scheme

This paper examines the Beacon Council Scheme as a distinct policy element within the UK government's wide–ranging local government modernization agenda. The aim of the Beacon scheme is two–fold. First, reward for high performing councils and second, the achievement of substantial change by sharing 'best practice' from identified centres of excellence. The scheme presupposes an implicit theory of organizational change through learning. The Beacon Council Scheme is based on the assumption that the organizational preconditions exist which will facilitate learning, and through its application to practice, improve service delivery. The paper analyses the presumed and possible conditions which facilitate or impede interorganizational learning and service improvement through the scheme. The paper then examines empirical data from 59 local authority elected members and officers about their attitudes towards and motivation to take part in the Beacon scheme during the first year of its existence. The data indicate that there are differing motivations for participation in the scheme and that these reflect different learning needs. The experiences of local authority participants suggest that the formulators of the dissemination strategy at the heart of the scheme have not yet given sufficient consideration to the processes of interorganizational learning, the conditions that support such learning between authorities and the embedding of new understandings, practices and organizational cultures in the receiving authority. This suggests that the underlying theories of organizational learning and cultural change may be insufficiently developed to create and sustain the kind of transformational change that is intended by central government.     

Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

What do judges say on the protection of intelligence secrets?

This article discusses the role of the discourse of law in legitimizing the protection of intelligence secrets. It draws on examples from the United Kingdom and the United States to illustrate rhetorical regularities with respect to the need to protect intelligence officers, agents, sources and methods, the effectiveness of intelligence agencies, international intelligence relationships and the effects of a mosaic of disclosed information. It concludes that judges produce specialized knowledge on state secrecy that plays a part in shaping the understanding of state secrecy in society.     

Does intellectual property lead to economic growth? Insights from a novel IP dataset

While policymakers often make bold claims as to the positive impact of intellectual property (IP) rights on both developed and developing country economies, the empirical literature is more ambiguous. IP rights have both incentive and inhibitory effects that are difficult to isolate in the abstract and are dependent on economic context. To unravel these contradictory effects, this article introduces an index that evaluates the strength of IP protection in 124 developing countries for the years 1995 to 2011. We illustrate the value of this index to economics study and show evidence that is consistent with IP leading to increased growth. Our results are further consistent with two causal pathways highlighted in the literature: that IP leads to greater levels of technology transfer and increased domestic inventive activity. Yet other aspects of our study fit uneasily with this simple story. For example, we find evidence suggesting that increased levels of growth lead to greater levels of IP protection, contradictory evidence in the literature linking IP with growth, a lack of evidence that increased levels of IP protection lead to actual use of the IP system, and problems with what IP indexes measure. Because of this, we suggest another – and so far undertheorized – explanation of the links between IP and growth: that IP may have few direct effects on growth and that any causality is a result of belief rather than actual deployment of IP.