New Institutionalism and Naturalism in Socio‐Legal Analysis: Institutionalist Approaches to Regulatory Decision Making

Through drawing on the work particularly of sociological and organizational theorists socio-legal work has added considerably to an understanding of the uses of law and discretion, and shown the contingency of the operation of law on the economic, political and organizational context. Some important questions still remain unanswered, however. In particular, if in decision making law is not determinative, but rather decisions are shaped by other bureaucratic or organizational norms, political and economic pressures and an individual's own world views and interests, what role does law play? Further, what impact does the decision process, in which different norms or considerations all bear, have on law? In starting to answer these questions the article examines the models of decision processes and decision behavior which underly the different new institutionalist analyses, and suggests that whilst they provide some insights, they have their own limits.     

Negotiated Case-ending Settlements: Ways of Speeding up the (Court) Process

The subject of this article is a special type of fast-tracked case-ending decisions called “negotiated case-ending settlements”. Those proceedings are based on a kind of agreement between the parties, end with a real conviction of the offender and their legal consequence is a true but mitigated punishment. They can be found in six of 11 countries studied, namely, in England & Wales, Croatia, France, Hungary, Poland and Spain. The English guilty plea procedures, the French appearance before a court after prior admission of guilt and the Polish prosecutor’s application for a conviction to be rendered without a trial as well as the voluntary submission to penalty are examined more closely here. The comparative study focuses on the stage, where the negotiation is made, the conditions for the use of these settlements and the PPS’s role therein.     

Research Note: Randomized field experiments published in the British Journal of Criminology, 1960–2004

Randomized controlled trials have become an important component of evidence-based policy in criminal justice. Because searches of electronic bibliographic databases often miss relevant trials, handsearch – or the visual inspection of the contents of an article – is recommended as an additional search strategy. In this paper, we conducted an electronic handsearch of every available issue of the British Journal of Criminology (1960–2004) to determine how many randomized field experiments were published. We compare these results to earlier manual handsearch efforts to augment the Campbell Collaboration Social, Psychological, Educational and Criminological Trials Register (C2-SPECTR). We find only nine trials (although two used quasi-random allocation such as alternation), and just one published in the past 20 years. We discuss some possible reasons for this, and conclude with a modest agenda for improving the reporting of evidence in the age of evidence-based policy.     

Exploratory Space–Time Analysis of Burglary Patterns

This paper introduces two new methods for the exploratory analysis of the spatial and temporal dynamics of residential burglary patterns. The first is a conditional spatial Markov chain which considers the extent to which a location??s probability of experiencing a residential burglary in a future period is related to the prevalence of residential burglaries in its surrounding neighborhood in an initial period. The second measure extends this conditional perspective to examine the joint evolution of residential burglary in a location and its surrounding neighborhood. These methods are applied to a case study of residential burglary patterns in Mesa, Arizona over the period October 2005 through December 2009. Strong patterns of spatial clustering of burglary activity are present in each year, and this clustering is found to have an important influence on both the conditional and joint evolution of burglary activity across space and time.