Administration and Justice

Although the existence of plea negotiation as an operative mode of disposition in most criminal court systems has been firmly established, its role in the administration of justice remains a topic of considerable debate. It has been claimed that plea negotiation subverts ideal principles of justice while attending to administrative needs for speedy case settlement. More recent research indicates that disposition by guilty plea is a complex process that incorporates system needs as well as principles of justice. Findings from an exploratory study of the felony disposition guilty plea is a complex process that incorporates system needs as well as principles of justice. Findings from an exploratory study of the felony disposition process in the Multnomah County court system in Portland, Oregon suggest that, under certain conditions, plea negotiation can effect a balance between competing but interdependent domains of action in the criminal disposition process.     

COGNITIVE DEVELOPMENTAL THEORY: A Basis for Juvenile Correctional Reform?

Cognitive developmental theory has been increasingly offered as on explanation for lawbreaking. The theory suggests that lawbreaking results from individuals not having sufficiently developed reasoning abilities to resolve moral dilemmas, specificially those involving illegal acts. This article reports on on original test of the association between reasoning and law-breaking and addresses shortcomings of prior research. The article concludes that although the theory has been recommended and used as a basis for program design, there is little evidence to suggest that reasoning is, indeed, related to lawbreaking. Since ideological appeal of the theory may result in its adoption in program settings, continued empirical testing of hy-potheses derived from the theory is of considerable importance.     

The Institutionalization of Environmental Attention in the United States and Denmark: Multiple- versus Single-Venue Systems

The European countries have surpassed the United States with regard to comprehensive and stringent environmental regulation. This policy pattern has become very visible in the international debate about reduction of CO₂ emissions. From a comparative public policy perspective, the recent difference is interesting because it restates the question about policy consequences of political institutions. This article addresses this theoretical question from the perspective of policy agenda-setting theory. We present the argument that while the U.S. political system, with its many "venues" that are relatively open to internal and external competing forces, might be quicker in generating attention to new issues like the environment, the institutionalization of attention is also less strong than in a European parliamentary system. The article substantiates this argument with empirics by comparing attention to and policymaking for environmental issues in the United States to Denmark.     

Lessons from the past? Cultural memory in Dutch integration policy

This article explores the contribution that cultural memory studies can make to the debate about the role of ideas and the dynamics of ideational change in policy making. Cultural memory studies engage with the cultural dimensions of remembering, and analyse how shared images of the past are mediated and transferred across distance and time. Such research shows how the past may continue to influence the present by informing the frameworks through which groups and individuals interpret and give meaning to events and phenomena. Since policy makers operate within a cultural context, shared memories are likely also to affect the way they think about the nature and roots of policy issues and the appropriateness and feasibility of policy options. In this article, policy memory (the memory shared by policy makers about earlier policies) is identified as a subcategory of cultural memory. The role of cultural memory among policy makers is studied with reference to Dutch integration policies in two periods: the mid‐1990s and the early 2000s. On the basis of an in‐depth analysis of policy reports and parliamentary debates, references to the past and the role they play in the policy debate are identified. Different modes of dealing with the past are found in the two periods studied, reflecting the different political contexts in which the debates took place. In the 1990s, the memory of earlier policy was invoked in the mode of continuity – that is, policy change was legitimised (conceived) as part of a positive tradition. In the 2000s, memory was invoked in the mode of discontinuity. The same policies were reinterpreted in more negative terms and policy change legitimised by the perceived need to break with the past. Arguably, this reinterpretation of the past was a precondition for the shift in policy beliefs that took place around that time.     

The early modern origins of contemporary European tax outcomes

What explains variation in tax outcomes between European states? Previous studies emphasise the role played by political institutions, but focus mostly on the input side of politics – how access to power and policy making is structured – and the institutions of relatively recent times. It is argued in this article that output‐side institutions related to the implementation of political decisions also matter and have deep institutional origins. As the classic literature has argued, the early modern period from 1450 to 1800 was formative for the development of fiscal capacity, but European states diverged in the stock of capacity they acquired. This article tests whether these differences still affect contemporary tax outcomes using a novel measure of fiscal capacity, based on the age, extent and quality of state‐administered cadastral records. The empirical analysis shows that, on average, countries with higher early modern fiscal capacity have higher tax revenue today, compared to countries with lower early modern fiscal capacity. This association is robust to different model specifications and alternative measurements. The findings have important policy implications as they indicate how deeply the current fiscal problems of the continent are entrenched, but also point to what needs to be prioritised within ongoing tax reforms.