The Salvadoran Criminal Justice System

This research analyzes comparative data on offenders, offenses, sentences, and dispositions for El Salvador, Guatemala, Honduras, Panama, Costa Rica, Nicaragua, and the United States. This paper is based upon a larger research project examining political death and homicide in El Salvador through 1984. The analysis examines the effectiveness of the Salvadoran criminal justice system before and after initiation of Its civil war.

The statistics showed that El Salvador's capacity to investigate homicides and detect murder suspects had improved over the last 10 years or so, whereas its ability and length of time to prosecute, try, sentence, and commit offenders had deteriorated over this same period. Substantial numbers of Salvadoran criminals were apprehended, arrested, tried, sentenced, and incarcerated for routine crimes of violence and property. On the other hand virtually none of the perpetrators of thousands of political murders were apprehended by the Salvadoran Government despite the increase in arrest and sentencing for routine homicides. This may be indicative of a lack of commitment by the Salvadoran Government to deal with political killings by death squads.     

Minority Voting Equality: The 65 Percent Rule in Theory and Practice

In order to provide minorities with a realistic opportunity to elect candidates of their choice, an apparently obvious step is to create districts in which the minority equals half the population. A number of factors, however, make this a false equality. As a consequence, courts have used a "65 percent" rule, suggesting that equality of the voting population is achieved only when the overall population of a district is nearly two-thirds minority. We distinguish between this "equalization percentage" and the percentage needed to create a "safe" seat. We show that for blacks "equalization percentages": 1) are almost never as high as 65 percent; 2) vary widely across time and space; 3) have declined somewhat in the 1980s; 4) vary sharply between primaries and general elections; 5) are affected most heavily by the proportion of minority populations that is of voting age (or noncitizen) rather than by differences in registration and turnout. Election results further caution us that even when numerical equality in the voting population is appropriately calculated, such a population proportion is not always sufficient to elect minority candidates because of incumbency effects and differentially polarized voting. We argue that both packing blacks into overwhelmingly black districts and ignoring less tangible factors that hinder black electoral success are extremes to be avoided.     

The Century of Biology

If the 20th Century was the century of physics, the 21st Century is the century of cybernetics, biology and ecology. Technological advance has both crossed new frontiers and discovered old limits. Nobel laureate Ilya Prigogine broke new ground with his understanding that nature, including its human component, seeks to establish order out of chaos by “self‐organizing,” not only according to pre‐determined laws, but through random creative choices as well that are responsible for the endless novelty and potentiality of being. The technologically‐armed purposive role of humans in the Anthropocentric Age thus takes on a new significance: “What we do today depends on our image of the future rather than the future depending on what we do today” as Prigogine puts it. “The equations of the future are written in our actions as well as in nature. Time becomes construction.” Nowhere is this truer than in the new science of genomics, which touches the soul, and in the effort to preserve the ecological balance that has enabled humanity to flourish within the narrow band of earth's livable climate. In this section we bring together leading thinkers, scientists and technologists of our age to address these issues of mankind's fate.     

PUBLIC MANAGEMENT IN POLITICAL INSTITUTIONS: EXPLAINING PERCEPTIONS OF WHITE HOUSE CHIEF OF STAFF INFLUENCE

The notion that public managers influence organizational performance is common in public administration research. However, less is known about why some managers are better at influencing organizational performance than others. Furthermore, relatively few studies have systematically examined managerial influence and scholars have yet to investigate either quantitatively or systematically managerial influence in the White House. Utilizing original survey data collected from former White House officials who served in the Reagan, George H.W. Bush, and Clinton administrations, this study applies empirical public management theory to examine for the first time the key determinants that shape perceptions of chief of staff managerial influence. The findings demonstrate how several core concepts in public management theory help explain the dynamics that drive perceptions of managerial influence, thereby providing a new contribution to the literature on public management.     

The “Totality of Circumstances Test” in Section 2 of the 1982 Extension of the Voting Rights Act: A Social Science Perspective*

We discuss uses of social science definitions and research methods in judging compliance with the recently modified language of Section 2 of the Voting Rights Act. That Act now specifies a “totality of circumstances” effects lest for the existence of racial vote dilution. There are seven “typical” factors listed by the Senate Committee on the Judiciary in its report on the 1982 Voting Rights extension as among those which may be used to establish a Section 2 violation. Because of the nature of these factors, extensive (and often conflicting) testimony by social scientists has now become an inescapable feature of Section 2 litigation. We focus particular attention on one of the seven factors, racially polarized voting, because measurement of it is, as judged by recent litigation, the most controversial, the most complex, and the most important. We also discuss at some length another factor, racial campaign appeals, which also raises issues of appropriate definition and measurement. The aim of this paper is to contribute to a standardization of terminology and operationalization in an important public policy area, and to show how social science methodology can assist legal fact-finding.     

Nigerian Constitutional Proposals

Proposals for drastic constitutional reform in Nigeria wereissued at the beginning of March in the form of a white paper(Cmd. 6599, price 3d.) combining a historical introduction drawnup in the colonial Office and a despatch from Sir Arthur Richards,dated the 6th December. The proposals include a general schemeto bridge the gap between the Native Authorities and the centreby the creation of three new Regional Councils with headquartersat Kaduna, Ibadan and Enugu. The Northern Council is to consistof a House of Chiefs (24) and a House of Assembly (39); thereis to be a Western Assembly of 29; and an Eastern Assembly of27. These regional councils are to have unofficial majorities,mainly selected from existing Native Authorities by themselves.They will have the right to discuss all general legislation,and to pass their own regional budgets, which, subject to approvalfrom the Governor, will be passed by a block vote at the centre.At the same time each Regional Centre will have an AdministrativeHeadquarters, largely decentralised from Lagos, whose departmentalheads will there have Deputies. Finally, the Councils will actas electoral colleges to the central Council, which is alsoto have an unofficial majority (25 to 24), and which will legislatefor the whole of Nigeria (with a budget session held in rotationat the four main centres). Other details include a Supreme Courtfor the whole of Nigeria, and a reorganisation in the Colonyof Lagos, whose urban limits are to become a municipality. Thescheme is proposed for 9 years with reviews of the system ofdirect nomination at the end of the 3rd and possibly the 6th. The proposals, which as Sessional Paper No. 4 were passed unanimouslyin the Nigerian Legislature on 22nd March, have still to bediscussed in the British Parliament. They are here consideredby a former Governor, and a former Lieut-Governor. It was hopedto have comments from Nigeria itself, where there has been considerableunofficial criticism, but this has had to be held over.