Constitutional Principle,the Rule of Law and Political Reality: The European Union (Withdrawal) Act 2018

The European Union (Withdrawal) Act 2018 is the cornerstone of UK legislation designed to accomplish the legal dimension of Brexit. It brings the entire acquis of EU law into UK law in order to avoid regulatory black holes that would otherwise occur. The Act embodies a twofold legislative strategy: EU law brought into UK law thereby is to be made fit for purpose by exit day, with necessary changes being made by statutory instrument; Parliament can then decide at greater leisure thereafter whether it wishes to retain, amend or repeal this legislation. The burden placed on Parliament is unprecedented, all the more so given the exigencies of time in which the changes are to be made. This article explicates the principal provisions of the 2018 Act, and the concerns as to constitutional principle and the rule of law raised by the legislation. The tensions in the drafting process are made apparent, and uncertainties in the resulting text are revealed.     

Retracted: A Legacy of Lynchings: Perceived Black Criminal Threat Among Whites

This article examines the legacy of lynchings on contemporary whites' views of blacks as criminal threats. To this end, it draws on prior literature on racial animus to demonstrate the sustained influence of lynching on contemporary America. We hypothesize that one long‐standing legacy of lynchings is its influence in shaping views about blacks as criminals and, in particular, as a group that poses a criminal threat to whites. In addition, we hypothesize that this effect will be greater among whites who live in areas in America where socioeconomic disadvantage and political conservatism are greater. Results of multilevel analyses of lynching and survey data on whites' views toward blacks support the hypotheses. In turn, they underscore the salience of understanding historical forces, including the legacy of lynchings that influence contemporary views of blacks, criminals, and punishment policies.     

Adapting measures of social climate for use with individuals with intellectual developmental disability in forensic settings

The social climate of forensic settings is thought to impact on a number of important clinical and organisational outcomes and is, therefore, an important construct in relation to the successful functioning of forensic units. A variety of self-report questionnaires have been developed to objectively measure the social climate of forensic settings (e.g. the Correctional Institutions Environment Scale and the Essen Climate Evaluation Schema), however these questionnaires have not been validated for individuals with intellectual developmental disabilities (IDD). Given the prevalence of IDD in prison and forensic psychiatric settings and the potential impact of such cognitive deficits on the ability to complete a range of self-report questionnaires, it is important to consider the potential reliability and validity of existing social climate measures in IDD populations. This article will, therefore: (1) examine the cognitive, linguistic and response format difficulties that may arise when administering self-report measures of social climate in IDD populations; (2) consider potential adaptations to existing measures of social climate that might make them more suitable for use with IDD populations; and (3) identify important directions for future research in the area.     

A quasi-experimental test of the effects of criminal justice involvement on later mental health

Objectives

While many criminological theories posit causal hypotheses, many studies fail to use methods that adequately address the three criteria of causality. This is particularly important when assessing the impact of criminal justice involvement on later outcomes. Due to practical and ethical concerns, it is challenging to randomize criminal sanctions, so quasi-experimental methods such as propensity score matching are often used to approximate a randomized design. Based on longitudinal data from the Cambridge Study in Delinquent Development, the current study used propensity score matching to investigate the extent to which convictions and/or incarcerations in the first two decades of life were related to adverse mental health during middle adulthood.

Methods

Propensity scores were utilized to match those with and without criminal justice involvement on a wide range of risk factors for offending.

Results

The results indicated that there were no significant differences in mental health between those involved in the criminal justice system and those without such involvement.

Conclusions

The results did not detect a relationship between justice system involvement and later mental health suggesting that the consequences of criminal justice involvement may only be limited to certain domains.

     

The Sincerest Form of Flattery: Nationalist Emulation during the COVID-19 Pandemic

As COVID-19 rapidly spread across the globe, every government in the world has been forced to enact policies to slow the spread of the virus. While leaders often claim responses are based on the best available advice from scientists and public health experts, recent policy diffusion research suggests that countries are emulating the COVID-19 policies of their neighbors instead of responding to domestic conditions. Political and geographic considerations play a role in determining which countries imitate one another, but even among countries that are politically or geographically distant, nationalist regimes seem to favor certain approaches towards the pandemic. We investigate why this is the case by examining whether countries that embrace a nationalist ideology are more likely to emulate the COVID-19 policies of similarly nationalist regimes. We demonstrate that, even after controlling for domestic circumstances and linguistic, trade, geographic, and political connections, nationalist countries are emulating each other’s responses. These results are robust and shed light not only on new mechanisms of policy diffusion but also on the growing international cooperation of nationalist regimes and leaders.

     

The use of the subculture of violence as mitigation in a capital murder case

This paper examines the role a sociologist in a capital murder case involving a defendant who was black and a victim who was a white on-duty police officer. The author of this paper testified in this specific case and has worked as a sociologist in over 60 capital murder cases. The use of the subculture of violence as mitigation is presented.