Changing views of jury power

This article highlights the major events and empirical research in the continuing debate over the power and competence of the jury in civil and criminal trials. The concept ofjury nullification, the power of the jury to return a verdict based upon their moral conscience despite the evidence and the law, is used as a convenient filter to discuss the legal and behavioral assumptions about jury power and performance. The legal, historical, and even behavioral contexts reflect a bipolar theme in the level of trust Americans have exhibited towards the jury system. One pole reflects the notion that juries lack predictability and rationality in their verdicts and are moved by emotional concerns. Antipodally, juries have been thought to reflect an historical competence at applying common sense notions of equity and rationality to conflicted and ambiguous cases. This article traces the history of these two views of jury power and competence. A critical review of the empirical research that may inform the debate about the jury's competence in both criminal and civil arenas is provided.     

Democracy at Rest: Strategic Ratification of the Twenty-First Amendment

The Prohibition (Eighteenth, 1919) and repeal (Twenty-First,1933) amendments, which represent the only case of a later amendmentdirectly reversing an earlier one, were ratified by the twodifferent methods allowed by Article V of the United StatesConstitution: the former by state legislatures, the latter bystate conventions. This essay examines the legislatures-or-conventionsdichotomy as a microcosm of William Riker's treatment of liberalismand populism, with specific attention paid to the state conventionsthat ratified repeal. Using previously uncollected county datafrom the special elections to choose the 1933 convention delegates,this study demonstrates that invocation of the convention methodwas strategic, and intended not only to legitimate the Twenty-FirstAmendment but also to improve its chances of passage.     

The failure of effective technological transfer in Polish industry

Central planners in Poland have continuously emphasized the importance of increasing factor productivity as a major goal of Polish development policy and have included this goal as an integral part of every economic reform proposal of the last two decades. In the decade of the 1970s a new development strategy was initiated which counted heavily on the import of more technologically advanced machinery and equipment and the purchase of licenses and production processes from the West. This paper documents the tremendous increase in Western imports and the purchase of licenses which took place in the 1970s, and which would then be expected to generate an increase in joint factor productivity due to technological change. Empirical analysis, however, indicates that there was no effective transfer of the technology. Joint factor productivity for total industry calculated as a residual in estimated production functions, which include imported inputs, has a zero rate of growth from 1970 to 1978 (using quarterly data). Disaggregating and using annual data over a longer sample period yields estimates of the rate of growth of joint factor productivity which increase slightly for total industry in the 1973–1977 period. For the electrical and mechanical branch which received large numbers of license and joint production agreements the rate of growth of joint factor productivity remained unchanged. The results indicate that systemic factors such as central planning, managerial inhibitions and supply bottlenecks out-weighed any potential increase in factor productivity as a result of technology transfer.     

Absurd Asymmetry – a Comment on R v Cottrell and Fletcher1 and BM,KK and DP (Petitioners) v Scottish Criminal Cases Review Commission2

This note examines two cases in which English and Scottish courts have insisted that the English and Scottish Criminal Cases Review Commissions adopt the same definition and approach as them to alleged ‘miscarriages of justice’ in order to reduce the number of potential referrals and increase finality, and to reduce the challenge posed by these Commissions to the courts' authority in the legal sphere. The authors consider whether the courts' approach is either necessary or appropriate.     

The irony of broken windows policing: A micro-place study of the relationship between disorder, focused police crackdowns and fear of crime

In their seminal “Broken Windows” article in Atlantic Monthly, J. Q. Wilson and G. L. Kelling (1982) suggested that police could more effectively fight crime by targeting minor offenses. They hypothesized that untended disorder increases fear of crime in a community, starting a chain of events that eventually leads to heightened levels of crime. By targeting disorder, police can thus circumvent this cycle of neighborhood decline (Skogan, 1990). This study aimed to improve knowledge of the relationship between disorder and fear of crime in the context of the broken windows hypothesis by using a micro-place level research design involving a police crackdown on disorder and minor crime at hot spots. The results of the current study suggest that perceived social disorder and observed levels of physical disorder have a strong impact on fear of crime. This confirms the relationship between disorder and fear hypothesized by the broken windows literature, and implies that police may be able to reduce fear of crime by reducing disorder. It was also found, however, that the police intervention itself significantly increased the probability of feeling unsafe. Accordingly, any fear reduction benefits gained by reducing disorder may be offset by the fact that the policing strategies employed simultaneously increase fear of crime. These findings suggest the importance of a careful focus on “how” broken windows policing programs are implemented. Such programs must be geared not only to reduce disorder, but also to prevent increases in citizen fear that accompany crackdowns and other intensive enforcement efforts associated with broken windows policing.