Perceptions About the Poor,Their Legal Needs,and Legal Services*

The Legal Services Corporation is faced with the problem of allocating limited resources in order to meet the legal needs of the poor. It is forced into the dilemma of setting priorities, creating workable regulations to meet an ambiguously defined and elusive concept of legal need. Current regulations require annual reports by legal services programs that are based, in part, on the assessment of eligible clients' needs as expressed by the attitudes of clients, the private bar and other interested persons. These regulations are premised on implicit assumptions relating attitudes, problems experience, legal need, and the relevancy of nonclient perceptions. This study examines these assumptions in an analysis of perceived problems, attitudes toward the allocation of legal services resources, and how these differ between the eligible client community, the private bar and public agencies in a community served by one legal service program in California.     

CRIMINAL INVOLVEMENT OF FEMALE OFFENDERS

Two theoretical approaches tend to dominate the literature on the manner in which exoffenders reintegrate into society. These are the structural and subcultural models. The structural model (Merton, 1938; Cloward and Ohlin, 1960: Ohlin, 1970) posits that closing of the legitimate opportunity structure leads to secondary deviation and it also traces initial criminality to a discrepancy between means and ends for achieving success goals. The subcultural model (Cohen, 1955; Pownall, 1969) views the primary factors explaining the failure of the exoffender to adjust to society as influences exerted by the criminal subculture. These have traditionally been treated as competing theoretical models. The research reported here sought to evaluate these two approaches and to combine them in an applied framework called differential integration. Data on 874 exoffenders provided with job placements during 1976 show that structural variables tended to differentiate the employment outcomes of exoffenders much more than subcultural variables and that there is partial support for the differential integration concept .     

Criminal Appeals Over the Last 100 Years:

Among the more popular “political” explanations of increased crime have been the charges that courts have been coddling criminals and handcuffing the police. These accusaticms are often coupled with the general perception that if criminal defendants appeal they will usually win. During the past 20 years there clearly has been an increase in criminal defendant due process rights that have been created largely by the courts. Notwithstanding these developments, are criminal defendants more likely to win than lose on appeal, and has the probability of winning been increasing? This article examines state courts of last resort from 1870 to 1970 to determine both the odds of winning and how they have changed. It also investigates whether these trends are different for the traditional South than for the more liberal states of the Northeast. The data indicate that, in fact, defendants today are far more likely to lose on appeal than they were 100 years ago. In addition, there appears to be little regional variation in criminal appellate outcomes over the last 100 years.     

INSTITUTIONAL AND POSTRELEASE BEHAVIOR OF FURMAN-COMMUTED INMATES IN TEXAS*

In 1972, the United States Supreme Court ruled in Furman v. Georgia that the death penalty as administered constituted cruel and unusual punishment. This ruling also invalidated the death sentences of over 600 inmates in the United States, who subsequently had their sentences commuted to life imprisonment. This article examines the institutional and postrelease behavior of the 47 Furman inmates in Texas from 1973 to 1986. Prior to the release of these inmates into the general prisoner population, prison officials and clinicians stated that they were dangerous and constituted a substantial threat to other inmates and to the security staff. The institutional and release behavior of the Furman inmates is compared with that of a cohort of like violent offenders. The Furman inmates committed few serious rule violations. They did not kill other inmates or staff. A minority of inmates in both groups committed the majority of prison rule violations. Of the 31 Furman inmates released on parole, 1 committed a new homicide. No cohort inmate killed again. The conclusion is that the execution of these 47 inmates would not have greatly protected society.     

THE CONSTITUTIONAL DIMENSION

This was the RIPA Chairman's address to the Institute's Annual General Meeting held on 4 December 1985.     

EXPENSIVE DRUG USE AND ILLEGAL INCOME: A TEST OF EXPLANATORY HYPOTHESES*

Although the empirical association of heroin use and income-generating crime is well established in past research, the magnitude of the association after control of other factors such as legal income is not known. The relationship between the use of cocaine and income-generating crime has not received adequate attention. Moreover, the explanatory basis for the expensive drug use/income-generating crime association is not well understood. This article tests the robustness of the heroin use/income-generating crime relationship and examines the same question for cocaine use. Hypotheses derived from two explanatory perspectives (the compulsion/demand and life-style models) are tested. Data were collected from more than 3,500 individuals who were interviewed at the time they entered publicly funded drug abuse treatment programs in 1979. Regression analyses show that daily use of heroin and weekly and daily use of cocaine are strongly associated with illegal income. Theoretical interpretation of the findings suggest: (1) the addiction/compulsion explanatory model is an insufficient explanation, (2) the life-style concept is useful for understanding the expensive drug use/income-generating crime relationship, and (3) the concept of addiction needs refinement and elaboration.     

Devolution's Unfinished Business

Devolution was a response to a decline in legitimacy in the territorial politics of the UK. To differing extents and in different ways, there was a legitimacy gap in Scotland, Wales and Northern Ireland. This has largely been restored in the non-English parts of the UK but has created new problems of legitimacy in England. The West Lothian Question and territorial finance are the unfinished business of devolution. Using Beetham's classic work on The Legitimation of Power, this article argues that the situation today in England resembles that which existed before devolution in the non-English parts of the UK: there is nothing illegal in the current constitutional arrangements; but there are constitutional anomalies and inconsistencies, which may lead to a withdrawal of consent.     

Limiting Liability for Automobile Accidents: Are No-Fault Tort Thresholds Effective?

"No-fault" automobile insurance plans are designed to supplant the tort system by requiring motorists to purchase no-fault insurance and allowing victims to file liability insurance claims and tort suits only if their injuries exceed a legislated "tort threshold." While thresholds vary among states, many are satisfied if the victim incurs medical expenses as low as a few hundred dollars. Using insurance claims data, we estimate the effectiveness of several states' thresholds. We find that tort thresholds are surprisingly effective: modest tort thresholds reduce the number of successful tort claimants by half, and the strictest thresholds may exclude nine-tenths of potential claimants. Moreover, we find little evidence of claimants "padding" their claims to exceed the dollar thresholds.