Quiescent Leviathan? Citizenship and National Security Measures in Late Modernity

The systematic study of political trials and national security measures tends to be associated with the old-fashioned genre of ‘state trials’. Although whiggish or critical reductionism has since tended to prevail, recent social historical work on protest movements, ideology, and rights struggles opens up fresh approaches. The current scholarly shift of attention away from the repressive powers of the state to plural sites of power, while representing an advance, also threatens to relegate the area to neglect. The modern renewal of national security measures can in fact be seen as part of a more complex deployment of law and linked to current debates around state formation, governmentality, and citizenship. As the late modern state is eroded from above by globalization, and from below by demands of identity politics and differentiated citizenship, will such repressive measures be revealed as an anachronism or continue as a final resource of the state in crisis?     

Three Strikes Legislation and Sentencing Commission Objectives

Between 1993 and 1997, state legislatures across the country passed legislation popularly known as "three strikes and you're out" laws. These laws appeared at a time when sentencing commissions existed in many states, and the commissions were involved in the legislative debates leading to the votes on three strikes laws. Thus, the passage of three strikes laws can shed light on one type of interaction between sentencing commissions and legislatures. This article posits a variety of objectives for sentencing commissions during three strikes debates, each a response to the recurring "pathologies" that appear when legislative, judicial, and executive branch officials create sentencing policy. A survey of states that have passed three strikes laws indicates that sentencing commissions have not made any systematic difference in the legislative debates on these statutes. Commissions have little reason to oppose these laws absolutely, and could lose political credibility by doing so. Commissions have incentives instead to argue for limiting the scope of these statutes. Where commissions have been involved in the debates about habitual felon legislation, they have emphasized limits on judicial discretion, focused on the quality of legislative deliberations rather than on legislative outcomes, and devoted little attention to prosecutorial charging decisions.     

The INSPIRE Framework: How Public Administrators Can Increase Compliance with Written Requests Using Behavioral Techniques

Public administrators rely on written communications to send information to citizens and stakeholders, and they are among the heaviest users of the postal service. Behavioral science research has identified several techniques that public administrators can use to increase compliance with written requests and, in turn, increase effectiveness. Currently, however, many written communications from government bodies are not written in a manner that utilizes these techniques. It remains an ongoing challenge for public administrators to identify, understand, and use these techniques in the written communications sent by their organizations. This article presents a framework capturing seven prominent techniques in a simple mnemonic—INSPIRE—that is already being used by several government bodies in Australia. It also provides practical examples of how to use each technique and demonstrates that using these techniques could result in large aggregate improvements in effectiveness and socially desirable outcomes of public administrators' written communications.     

The erosion of the administrative state under President Trump: Citizens' pushback against individual and institutional racism

President Trump encouraged bad state actors within the administrative state to contribute to inequities for civilians. We highlight how Trump's actions and rhetoric led to increased individual, institutional, and systemic racism and violence. As a response to this increased violence and rhetoric, we discuss the role civilians (including professional athletes) played in engaging in protests and the 2020 election. Given that more individuals voted in that election cycle, we emphasize the importance for public administration to adapt, evolve, and engage with new actors concerned with administrative action or inaction.     

International comparisons of income levels and growth rates

Development literature contains the hypothesis that middle income countries grow faster than other countries. This proposition has been related to a second hypothesis of stages and rates of growth, as well as to an ‘automatic mechanism’ for the reduction of international income disparities. This article examines the relevant evidence and finds the propositions unsupported by either theory or empirical data.     

Organization character -construct of barnardian scholars

Early scholars, inspired by Chester I. Barnard's insights, saw clearly the tribal nature of human organizations. The idea of organization character emerged as the understructure for the uniqueness of the behavior of the organization. The theoretical basis for deriving the character of an enterprise was drawn, together with the powerful implications of such subtle sensibilities. Indeed, the entire idea of organization character - of necessity -preceded later thinking on culture since the character of an organization dictates its culture. These concepts are the substance and spirit of the article that follows.     

Portraying Those We Condemn with Care: Extending the Ethics of Representation

The study of crime’s images is an increasingly important endeavour. In this paper I seek to understand the impact of an image of a criminal child (the outcomes and consequences that have stemmed from its display) by examining its affect (its capacity to engage its viewers). I demonstrate how the image’s meaning emerged from encounters with both the content and the format of the image, as well as from the context in which these encounters occurred. I will demonstrate that the impacts from this image went beyond what was necessary to punish, and propose that an ethics of representation is extended to include images of the condemned. For some population groups, this extension can mitigate the influence of fantasies about criminal ‘others’ that may come into play when pictures of them are viewed.     

Prosecutor Risk,Maturation, and Wrongful Conviction Practice

In this article we rethink the connection between prosecutorial experience and conviction psychology that undergirds much of the academic literature about wrongful convictions. The conviction psychology account of prosecutorial behavior asserts that prosecutorial susceptibility to cognitive biases deepens over time, thereby increasing the risk that prosecutors will become involved in wrongful convictions the longer they stay in the profession. Our interviews with more than 200 state prosecutors call into question the basis for this asserted correlation between prosecutorial experience and risk of misconduct. The prosecutors we met consistently reported that, all else equal, prosecutors tend to become more balanced, rather than more adversarial, over time. Hence, the prosecutors who present the greatest risk of producing a wrongful conviction are those who are either inexperienced or resistant to the normal maturation process. For this reason, we suggest that wrongful conviction researchers and database designers pay closer attention to the variables associated with prosecutorial experience and resistance that might affect the development of prosecutorial maturity and the consequent risk of wrongful convictions.