Penal Populism and the Public Thermostat: Crime,Public Punitiveness,and Public Policy

This article makes the case that feedback processes in democratic politics—between crime rates, public opinion, and public policy—can account for the growth of penal populism in Britain. It argues that the public recognize and respond to rising (and falling) levels of crime, and that in turn public support for being tough on crime is translated into patterns of imprisonment. This contributes to debates over the crime–opinion–policy connection, unpacking the dynamic processes by which these relationships unfold at the aggregate level. This uses the most extensive data set ever assembled on aggregate opinion on crime in Britain to construct a new over‐time measure of punitive attitudes. The analysis first tests the thermostatic responsiveness of punitive attitudes to changes in recorded crime rates as well as self‐reported victimization, and then examines the degree to which changes in mass opinion impact on criminal justice policy.     

Behavioral Stability as an Emergent Process: Toward a Coherence Theory of Concentrated Personal Disadvantage

The best predictor of future misbehavior is a history of aberrant and wayward conduct. Even so, few theories attempt to account for time-stable maladaptive pathways. To this end, we advance a theory of stability, what we term Coherence Theory. Coherence Theory conceptualizes stability as an emergent property that occurs when antisocial dispositions, social consequences, and misconduct coalesce within an individual. In this sense, misconduct is viewed as only one component of a larger, overarching and multi-faceted emergent construct we label as “concentrated personal disadvantage.” When these three components coalesce within an individual, temporal stability in maladaptive pathways should be expected. Using nationally representative, longitudinal data from the National Survey of Children, we test specific hypotheses derived from our theory. This study makes use of the first and second waves of survey data (N wave 1 = 2,301; N wave 2 = 1,423). The sample overall was 51% male and 52% white. Our analyses provide tentative support for the proposed theory. Concentrated personal disadvantage was found to emerge when the identified constellation of variables coalesced in individuals, and was found to be relatively stable over a 5 year period for males and females. Coherence Theory challenges traditional theories on the stability of antisocial pathways, offers specific conditions under which high levels of stability are likely, and explains why disruption off of antisocial pathways is so difficult.     

Balancing Regionalism and Localism: How Institutions and Incentives Shape American Transportation Policy

Public policy decisions are increasingly made by regional governance efforts that involve diverse decision makers from multiple government units within a geographic region. These decision-making bodies face competing pressures to represent regional and local interests. We study how decision makers balance preferences for regionalism and localism within metropolitan planning organizations (MPOs), the policymaking entities that are responsible for implementing U.S. federal surface transportation policy at the regional level. Our model of regional governance relates variation in regional policy outcomes to the incentives of MPO decision makers and the institutional environments in which they interact. Analyzing data from a sample of the nation's largest metropolitan areas, we find that MPOs dominated by elected officials produce more locally focused policies, holding other factors constant, while MPOs dominated by nonelected public managers produce more regionally oriented policies. Contextual factors, as well as the regional governance institutions themselves, further shape the balance between regionalism and localism.     

Trippin' on Sally D: Exploring predictors of Salvia divinorum experimentation

Salvia divinorum is a new recreational drug where few studies have been conducted on its prevalence and predictors of use. Using a sample of undergraduate students, this study investigated these issues. While a small number reported experimenting with salvia, logistic regression models showed that demographics, marijuana use, and self-control are statistically significant predictors. The effect of gender on use was explained by low self-control; but the effect of marijuana use remained. Results also showed that White males who frequently smoke marijuana and have extremely low self-control are most likely to use salvia. Limitations and future research are discussed.     

Homicides committed by youth assailants: a retrospective study

The pediatric population has received considerable attention in the forensic community; the youth assailant of homicide, however, is understudied. The authors retrospectively reviewed all cases referred to the Forensic Pathology Section of the Medical University of South Carolina between January 1991 and May 2006. Cases included in the study were homicides in which 1 or more assailants were 19 years of age or younger. The cases were examined as to the cause and manner of death, victim age, gender, race, incident location, weapon used, assailant-victim relationship, assailant age, gender, race, motive, and postmortem toxicology results. Assailant information was obtained from forensic records at Medical University of South Carolina, police department records, and online search engines of South Carolina State newspaper archives confirmed by law enforcement reports. The youth assailants were predominantly black men, 15 to 19 years of age (range, 4-19 years). Most victims were black male acquaintances, and the motive was most often an argument. The most common cause of death was cerebral laceration because of a gunshot wound. The incident occurred in the home in 41% of cases, followed by the street in 31%. Victim toxicology was frequently positive for cocaine, marijuana, and alcohol.     

Legal aid for coroners' inquests

Inquests held into deaths perform important functions, not only in determining the facts relevant to the death, but also in investigating and making recommendations on matters of public safety. Coronial legislation allows a number of parties to appear at inquests but a right of appearance without the possibility of legal representation is an illusory right. There are persuasive arguments for allocating funding for grants of legal aid to persons appearing at inquests and particularly to families. However, the demands on public legal aid funds are overwhelming and there are many competing needs. Historically, legal aid has not been available at inquests. Justifications for this are considered and whether government legal aid funding for advice and representation should be available to individuals involved in coroners' inquests and in what circumstances. The nature of the inquest process, indications of need for legal assistance, the level of assistance currently provided, defining what is the "public interest" for legal aid purposes in an inquest and the detriment suffered by individuals or the community if assistance is not available, are examined.     

The privacy commissioner of Canada: Multiple roles,diverse expectations and structural dilemmas

Abstract: The contemporary roles of the privacy commissioner of Canada are multiple: he can be an ombudsman, auditor, consultant, educator, policy adviser, regulator and judge. Yet, Canadian privacy legislation provides quite poor guidance as to how he should perform and balance these roles and tends to put emphasis on complaints‐resolution, a function that is less useful in promoting general compliance with the privacy principles. The analysis of the experience of privacy protection agencies, however, suggests that the most important powers are those that are general rather than specific, and proactive rather than reactive. The implementation of privacy protection law is as much an educational effort as a regulatory one, as much can be achieved in anticipation of policy and system development if privacy protection is built in at the outset. The successful implementation of privacy protection policy involves a considerable degree of learning and mutual adjustment and readjustment. It is not characterized by a top‐down process of command, control and sanction. The privacy commissioner is one among many actors involved in privacy protection policy in Canada, and his success is dependent on the recognition that he has many policy instruments at his disposal, besides the law, to encourage higher standards for the treatment of personal information by Canadian organizations. Sommaire: Le Commissaire à la protection de la vie privée du Canada joue à l'heure actuelle des rôles multiples: il peut être ombudsman, vérificateur, consultant, éducateur, conseiller en politique, responsable de la réglementation et juge. Et pourtant, les lois canadiennes relatives à la protection de la vie privée n'offrent que de médiocres directives quant à la manière dont il devrait s'acquitter de ces différents rôles et les équilibrer. Elles ont tendance à mettre I'accent sur la résolution des plaintes, fonction qui est moins utile pour promouvoir I'observation des principes du respect de la vie privée. L'analyse de l'expérience des organismes de protection de la vie privée laisse entendre cependant que les plus importants pouvoirs sont ceux qui sont généraux plutôt que spécifiques, et proactifs plutôt que réactionnels. La mise en aeuvre de lois sur la protection de la vie privée représente un effort autant éducatif que réglementaire, car de bons résultats peuvent être atteints si la protection de la vie privée fait dès le depart partie intégrante de l'élaboration de politiques et de systèmes. La mise en ceuvre réussie d'une politique de protection de la vie privée comporte un important degré d'apprentissage et d'ajustement et de réajustement mutuels. Elle n'est pas caractérisée par un processus pyramidal descendant de commande, de contrôle et de sanction. Le Commissaire à la protection de la vie privée est l'un des nombreux acteurs de la politique de protection de la vie privée au Canada. Son succès repose sur le fait qu'il dispose de nombreux instruments de politique, en plus de la loi, pour encourager les organismes canadiens qui traitent les renseignements personnels à adopter des normes très éelevées.     

Expediency,Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids

In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy.