Victim Policy Transfer: Learning From Each Other

This paper looks at the recent introduction of victim impact statements in several European countries. It asks whether victim impact statements are a positive addition to victim policy and practice in Europe and examines the challenges of adapting to the civil legal tradition a tool that was developed in a common law country.     

Border Enforcement,Organized Crime,and Deaths of Smuggled Migrants on the United States – Mexico Border

In response to ever increasing numbers of illegal immigrants entering the United States from Mexico, the United States adopted a border enforcement strategy in the 1990s that sought to bring the problem under control. This strategy relied primarily on increasing the number of Border Patrol agents directly on the border, the erection of walls at heavy traffic areas, and insertion of electronic surveillance systems. While these efforts succeeded in making it more difficult for illegal migrants to gain entry into the United States undetected, it also resulted in an increased reliance on human smugglers. Thus, the nature of the problem has shifted from one of illegal immigration to one of human smuggling. In an effort to gain entry successfully, smugglers have continued to lead migrants through hazardous terrain along the border where surveillance is less intense. Anecdotal evidence is presented which suggests that smugglers' drive for profit often results in the abandonment and death of migrants. Implications for future border policing strategy and research are discussed. An earlier draft of this paper was presented at the International Conference on Organized Crime and Humanitarian Disasters at the initiative of the International Scientific and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice Programme (ISPAC) in cooperation with the United Nations Office on Drugs and Crime (UNODC), Courmayeur Mont Blanc, Italy, December 3–5, 2004.     

Regional Technological Differences: The Case of Southern European Union

This paper examines the spatial spillover effects and the productivity rate of patents in southern European Union. It provides a systematic analysis of the relationship between productivity of patents and the factors that generate economically useful new technological knowledge. An applied spatial econometric framework is employed since this approach is particularly useful in the study of the spatial patterns of patents productivity, at the lowest possible levels of spatial aggregation.     

Gender Patterns of Research and Licensing Activity of Science and Engineering Faculty

In this paper we extend our earlier work on science and engineering faculty disclosure and licensing activity to examine a characteristic of faculty ignored in our earlier work – the gender of faculty in our database of over 4500 faculty at 11 major universities. Not surprisingly, women comprise only 8.55% of the faculty in our sample. They are most represented in the biological sciences and the women in the sample are more likely to be younger faculty. The most striking result from highlighting women in the sample is that women are less likely to disclose inventions than men despite the fact that there are no significant differences in publication patterns. While disclosure activity varies by gender, we find that the disclosure activity of women and men converges over the period of our sample.JEL Classification: J16, L3, O3Financial support was provided by National Science Foundation (SES 0094573), the Alan and Mildred Peterson Foundation and the Ewing Marion Kauffman Foundation.     

Governance and Incentive Regulation in Defence Industry Enterprises: A Case Study

In this paper, we analyse the relative efficiency of the Portuguese defence industry with a stochastic frontier. In so doing we consider whether government subsidies have, in fact, resulted in an increase in the technical efficiency of the Portuguese defence-sector companies and whether there is a governance environment to enforce the desired improvement in efficiency. We find that the results are, at best, mixed, leading us to conclude that the incentive regulation introduced by the Ministry of Defence is not achieving its aims. Moreover, governance issues are not on the government agenda. Therefore, we propose a policy revision to enforce efficiency, based on a governance environment framework.JEL M14, D72, K22, K33     

Credible Criminal Enforcement

Economic models of crime and punishment implicitly assume that the government can credibly commit to the fines, sentences, and apprehension rates it has chosen. We study the government’s problem when credibility is an issue. We find that several of the standard predictions of the economic model are altered when commitment is taken into account. Specifically, when only fines are used, commitment results in a lower apprehension rate and hence a higher crime rate. However, when jail is used (with or without fines), apprehension rates and jail terms may be higher or lower compared to the optimal static policy.JEL K14, K42     

Taxes,Tradable Rights and Transaction Costs

With respect to market-based policy approaches, it is a widely held view that corrective taxation entails substantial, though far fewer transaction costs than tradable permit systems. This conclusion only holds if set-up costs are singled out. This paper explores all relevant market, managerial and political transaction costs associated with environmental taxes and tradable emission rights. It is argued that the prevalence of transaction costs is largely dependent on the design of the policy instrument, respectively the tax base or the trading regime chosen. Comparative analysis further shows that a cap-and-trade program of emission permits distributed for free, traded on a brokered market and monitored upstream is not only more effective, but also likely to entail fewer transaction costs than environmental taxes. Any attempt, in turn, to save the huge information, enforcement and compliance costs incurred by corrective taxation impairs its efficacy by severing the link between the environmental externality and the tax base.JEL Classification: K32, K34     

Interrupting the Myth of the <Emphasis Type="Italic">Partage</Emphasis>: Reflections on Sovereignty and Sacrifice in the work of Nancy,Agamben and Derrida

Agamben traces the bio-political essence of modern politics to the non-sacrificial killing of Homo Sacer in Roman law. Nancy, on the other hand, links the history of Western politics to the fundamental logic of sacrifice in Western metaphysics. He nevertheless contemplates the possibility that Western societies may finally have arrived at the threshold of a non-sacrificial existence. Derrida seeks to resist the sacrificial logic of Western metaphysics and politics, but nevertheless appears to accept it as an irreducible fact of human co-existence. Unlike Nancy, he envisages no actual or actualised beyond beyond the realm of sacrificial metaphysics and politics. He thus can be said to interrupt Nancy’s ‘myth’ of a non-sacrificial partage. This article compares these three philosophical stances in the hope of throwing more light on the role of sacrifice in the law and politics of our time. Professor of Law, Rand Afrikaans University. Conversations with Ann van Sevenant, Carol Clarkson, Louise du Toit, Peter Fitzpatrick, Costas Douzinas and Adam Thurschwell gave impetus to many of the themes developed in this article. Concomitant shortcomings and inaccuracies, as always, are mine.     

Predicting the effect of substance abuse treatment on probationer recidivism

Support for the effectiveness of substance abuse treatment to reduce substance use and recidivism among populations supervised by the criminal justice system continues to grow in substance abuse and criminal justice literature. Recent studies show that a variety of programs including the Breaking the Cycle program and drug courts appear to result in improved outcomes for offenders. In this paper, we examine the effect of non-residential substance abuse treatment on arrest. Our data are for almost 134,000 ‘drug-involved’ individuals sentenced to probation in Florida between July 1995 and June 2000. Nearly 52,000 of these individuals received non-residential substance abuse treatment, while 81,797 did not. Our approach is a methodologically simple one that entails stratifying our data by treatment status, estimating logit and negative binomial models of arrest for each of the two datasets, and then applying each model to both datasets. This approach, which requires that both groups include subjects for whom treatment is appropriate, is analogous to using regression models to predict outcomes for new values of independent variables. For each observation in the dataset, we use the models to predict the expected outcomes for each individual under two scenarios – receiving non-residential treatment and receiving no treatment. Summing over these individual estimates provides an estimate of the total numbers of arrests that would be expected under different levels of population exposure to treatment. Results suggest that non-residential treatment reduced both the expected numbers of individuals who recidivated (i.e., were arrested) and the expected total numbers of arrests in the 12 and 24 months following placement on supervision.**RTI is an independent organization dedicated to conducting innovative, multidisciplinary research that improves the human condition.     

A randomized experimental study of sharing crime data with citizens: Do maps produce more fear?

The larger roles of the community in crime prevention and improvements in technology have increased police–citizen communication and the distribution of information from police departments to private citizens. Combined, these changes have led to the current movement among law enforcement agencies toward sharing both summary reports and maps of crime with community groups. Although the dissemination of crime information is intended to benefit community members, there is a lack of empirical evidence demonstrating the effects of crime mapping on citizen perceptions and fear of crime. This experiment compared three formats for disseminating crime data; two popular types of crime maps (i.e., graduated symbol and density) and the traditional tabular format of crime statistics. A randomized experimental design was used to measure residents fear of crime and their perception of the safety of different areas of Redlands, CA. Overall, residents who viewed either type of map reported less fear than those who viewed tabular statistics. Respondents who viewed graduated symbol maps consistently reported less fear than either density maps or tabular statistics. However, there were differences depending on the type of map. While graduated symbol maps were associated with the lowest levels of fear of robbery, theft or assault; density maps produced different reactions depending on the area of the city. Finally, the maps did not stigmatize high crime areas of Redlands. Where statistically significant differences existed, respondents who were given maps were more likely to recommend someone move into an area than those who were given tabular statistics.