Uganda and U.S. Foreign Policy

Washington's relationships with the “leveraged allies” preferred by realists—those countries that have little choice but to follow America's lead—have long been considered more reliable than in its relationships with the “natural allies” favored by idealists: prosperous, democratic nations that share the goals and interests of the United States. President Bush's foreign policy requires these natural allies, but many U.S. government officials are more wary. Uganda under President Museveni is a model “natural ally” candidate, with its relatively humane and democratic internal policies, but its greater capacity to act without American leverage, approval, or supervision is likely to worry realist career diplomats.     

Laws to detain individuals with substance dependency: breaching human rights or restoring health?

At the turn of the 20th century in the United Kingdom and Australia, legislation was introduced to detain and treat "inebriates". Since that time, variations of such laws have continued to exist. This column examines current laws in Australia and New Zealand with a particular focus on recent law reform efforts in New South Wales and Victoria. The column raises some of the issues with these laws in relation to breaching human rights for the purpose of treatment.     

Paying for the Past: Redressing the Legacy of Land Dispossession in South Africa

The constitution of South Africa mandates equitable redress for individuals and communities evicted from their properties during colonialism and apartheid. The Commission on Restitution of Land Rights' institution‐wide assumption is that the financial awards given as equitable redress had no long‐term economic impact on recipients because the money is gone and they are still in poverty, whereas if people had received land, the economic impact would have been lasting. Consequently, in recent years, the commission has adopted a policy of using its soft power to force claimants to choose land restitution instead of financial awards. However, the interviews I conducted with financial award recipients show that in 30 percent of the cases, the award did produce a long‐term economic benefit because respondents invested in their homes. This empirical evidence suggests that the commission should rethink its recent shift in policy and not totally discount the potential of financial awards to produce a lasting economic benefit.     

Mapping the Racial Bias of the White Male Capital Juror: Jury Composition and the “Empathic Divide”

This article examines the nature of racial bias in the death sentencing process. After reviewing the various general explanations for the continued significance of race in capital cases, we report the results of an empirical study in which some aspects of racially biased death sentencing are examined in depth. Specifically, in a simulated capital penalty‐phase trial setting where participants were assigned to small group “juries” and given an opportunity to deliberate, white male jurors were significantly more likely to sentence black defendants to death than were women and nonwhite jurors. This racialized pattern was explained in part by the differential evaluation of the case facts and the perceptions of the defendant that were made by the white male jurors. We discuss these findings in light of social psychological theories of contemporary racism, and we conclude that the demonstrated bias in capital jury settings should be understood as an interaction of several factors, including individual juror characteristics, group‐level demographic composition, and group deliberation processes.     

Legal Change and Sentencing Norms in the Wake of Booker: The Impact of Time and Place on Drug Trafficking Cases in Federal Court

The federal sentencing guidelines have lost some authoritative force since the U.S. Supreme Court ruled in a series of recent cases that the guidelines are advisory, rather than presumptive, in determining criminal sentences. While these court decisions represent a dramatic legal intervention, sociolegal scholarship suggests that organizational norms are likely to change slowly and less dramatically than the formal law itself. The research reported here looks specifically at the consequences of such legal transformations over time and across locale, using multilevel analysis of U.S. Sentencing Commission sentence outcome data from 1993 to 2009. Our findings suggest that districts vary considerably from each other in sentencing practices over the time period studied, and that there is relative within‐district stability of outcomes within districts over time, including in response to the Supreme Court's mandates. We also find that policy change appears to influence the mechanisms by which cases are adjudicated in order to reach normative outcomes. Finally, we find that the relative district‐level reliance upon mandatory minimums, which were not directly impacted by the guidelines changes, is an important factor in how drug trafficking cases are adjudicated. We conclude that local legal practices not only diverge in important ways across place, but also become entrenched over time such that top‐down legal reform is largely reappropriated and absorbed into locally established practices.     

American Terrorism and Extremist Crime Data Sources and Selectivity Bias: An Investigation Focusing on Homicide Events Committed by Far-Right Extremists

This paper examines the reliability of the methods used to capture homicide events committed by far-right extremists in a number of open source terrorism data sources. Although the number of research studies that use open source data to examine terrorism has grown dramatically in the last 10 years, there has yet to be a study that examines issues related to selectivity bias. After reviewing limitations of existing terrorism studies and the major sources of data on terrorism and violent extremist criminal activity, we compare the estimates of these homicide events from 10 sources used to create the United States Extremist Crime Database (ECDB). We document incidents that sources either incorrectly exclude or include based upon their inclusion criteria. We use a “catchment-re-catchment” analysis and find that the inclusion of additional sources result in decreasing numbers of target events not identified in previous sources and a steadily increasing number of events that were identified in any of the previous data sources. This finding indicates that collectively the sources are approaching capturing the universe of eligible events. Next, we assess the effects of procedural differences on these estimates. We find considerable variation in the number of events captured by sources. Sources include some events that are contrary to their inclusion criteria and exclude others that meet their criteria. Importantly, though, the attributes of victim, suspect, and incident characteristics are generally similar across data source. This finding supports the notion that scholars using open-source data are using data that is representative of the larger universe they are interested in. The implications for terrorism and open source research are discussed.     

The Foreign Policy Beliefs of Political Campaign Contributors

Since the Vietnam War, scholarly interest in public and elite opinion of U.S. foreign policy has grown. Because elites generally have greater access to policy makers and more consistent political views, most work on this topic has focused on elite opinions of foreign policy. Most research has defined the term elite broadly, often placing more emphasis on social status than political power. We will reexamine elite foreign policy beliefs using a different elite, presidential campaign contributors. We have two main goals in this article. First, we will assess the differences between the foreign policy outlooks of political campaign contributors and other elites. While many types of elites may influence policy, political contributors are particularly likely to gain access to policy makers. The second part of this research note offers some food for thought on the origins of these beliefs. We present evidence that foreign policy beliefs are related to the same ideological orientations that shape contributors' views on domestic issues. The origins of foreign and domestic policy views should probably be considered together.     

The Impropriety of Plea Agreements: A Tale of Two Counties

In this article, the author, a former prosecutor and a former assistant public defender, draws on his five and a half years of experience as a "professional plea bargainer" to explore the many subtleties of a practice that he suggests leads to work avoidance, misplaced loyalties, coercion, and other negative characteristics on the part of courthouse regulars, and to injustice for those criminal defendants who do not wish to plead guilty. He suggests that criminal courts have become overly dependent on plea bargaining, which is used much more extensively than is either necessary or appropriate.