Criminal Deterrence: Evidence from an Individual-Level Analysis of 24/7 Sobriety

Decisionmakers continue to search for new ways to deter criminal behavior that do not rely on increasing the severity of punishment. This paper evaluates South Dakota's 24/7 Sobriety Program—a novel, large-scale intervention requiring those arrested for or convicted of an alcohol-related offense to abstain from alcohol and submit to alcohol tests multiple times daily. Those testing positive or missing a test receive a swift,certain, and moderate sanction; typically, a night or two in jail. To estimate the causal effect of the 24/7 program on the probability of rearrest or probation revocation for those arrested for a second or third driving under the influence (DUI) offense, we instrument an individual's 24/7 participation with program availability in the county of arrest. We estimate that the individual-level probability of rearrest or probation revocation is 13.7 percentage points (49 percent; p = 0.002) lower for 24/7 participants than non-participants 12 months after their DUI arrest. We detect substantive decreases at 24 and 36 months, but the precision of those estimates depends on model specification. These findings provide empricial support for applying “swift-certain-fair” sanctions to deter noncompliance in community supervision settings. This paper also provides policymakers with evidence for a new approach to reduce criminal activity among those whose alcohol use leads them to repeatedly threaten public health and safety.     

Is the Torrens System German?

Recently support has grown for the view that the Torrens system of lands titles registration, which has now spread to numerous jurisdictions throughout the world, was actually not Torrens's work at all, but a copy of a German system passed off by him as his own production. This article reviews the evidence, much of which is here discussed for the first time, and concludes that that view is incorrect. Torrens is entitled to the credit for conceiving the principles of the system; for drafting the bill to give effect to them (with the help of a circle of critical reviewers); and for convincing the public and politicians to support it.     

Production goes global,compliance stays local: Private regulation in the global electronics industry

Poor working conditions in global supply chains have led to private initiatives that seek to regulate labor practices in developing countries. But how effective are these regulatory programs? We investigate the effects of transnational private regulation by studying Hewlett‐Packard's (HP) supplier responsibility program. Using analysis of factory audits, interviews with buyer and supplier management, and field research at production facilities across seven countries, we find that national context – not repeated audits, capability building, or supply chain power – is the key predictor of workplace compliance. Quantitative analysis shows that factories in China are markedly less compliant than those in countries with stronger civil society and regulatory institutions. Comparative field research then illustrates how these local institutions complement transnational private regulation. Although these findings imply limits to private regulation in institutionally poor settings, they also highlight opportunities for productive linkages between transnational actors and local state and society.     

Subjectivity and bias in forensic DNA mixture interpretation

The objectivity of forensic science decision making has received increased attention and scrutiny. However, there are only a few published studies experimentally addressing the potential for contextual bias. Because of the esteem of DNA evidence, it is important to study and assess the impact of subjectivity and bias on DNA mixture interpretation. The study reported here presents empirical data suggesting that DNA mixture interpretation is subjective. When 17 North American expert DNA examiners were asked for their interpretation of data from an adjudicated criminal case in that jurisdiction, they produced inconsistent interpretations. Furthermore, the majority of 'context free' experts disagreed with the laboratory's pre-trial conclusions, suggesting that the extraneous context of the criminal case may have influenced the interpretation of the DNA evidence, thereby showing a biasing effect of contextual information in DNA mixture interpretation.     

Jan Smuts house news

Hungary, a Central European success story, is taking a closer look at its African ties following its accession to the European Union and has a range of useful experience and skills to offer African countries. The article asks whether it might provide a model for other new EU members’ engagement with the continent.     

A Tory High Modernism? Grand Plans and Visions of Order in Neoconservative Ontario

Trends toward mass incarceration in the United States and elsewhere raise compelling questions about the social purposes of prisons, and their role in the consolidation (and/or privatization) of the neoconservative state. This article examines two moments of penal reform that were historically distinct, but remarkably similar in their shape and intent. Mike Harris’s Progressive Conservatives won control of Ontario’s provincial government in 1995, and undertook a wide-ranging program of institutional and social restructuring that was intended to transform Canada’s industrial heartland. Penal reform was central to this agenda, but Conservative efforts here were remarkably similar to those 160 years before, when Canada built its first penitentiary. This article compares these two moments of flux using a theoretical framework developed by James Scott. He argues that the grand plans of ‘high modernist’ reformers, while seeking to make society more ‘legible’ and ‘rational’, tend to employ simplifications—especially visually pleasing ones—which obscure and suppress insights that might be gained from the ‘practical knowledge’ of those closer to the ground. They do this at their peril, for grand plans tend to fail for lack of such knowledge. The article argues that Ontario’s experience fits neatly into these categories, except that the aim of reformers here has been to restore an old social order, rather than to build a new one.     

Machiavelli’s Science of Statecraft: The Diplomacy and Politics of Disorder

This paper calls into question the extent to which ethical dualism, broadly conceived as raison d’ état, does justice to Machiavelli’s understanding and practice of the diplomatic arts. Arguments are advanced herein that Machiavelli did not so much abandon morality as he sought, through the examples of Rome and antiquity, to find a different remedy for the disorder and violence rampant in the Italy of his day. Machiavelli’s reports in the diplomatic service of Florence illustrate qualities and skills of the diplomat often at odds with the caricature of the immoral statesman.     

Discolouring Democracy? Policing,Sensitive Evidence,and Contentious Deaths in the United Kingdom

This article examines recent United Kingdom government proposals for secret inquests, which, it is argued, are part of a general push for secrecy discernible across common law jurisdictions, and which include developments such as increased recourse to sensitive evidence in forensic settings and the normalization of intelligence‐led policing. While the push for secrecy is justified by national security claims, the article shows that in cases of contentious death involving police, the issue is less about national security and more about the use of intercept evidence, covert surveillance, and intelligence‐led policing, all of which have implications for police trust, accountability, and reputation management.