Law’s Capacity for Vagueness

This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing Heck’s metaphor of a core and a periphery of meaning. Furthermore, evidence is provided that the use of vague legal concepts and the capability of legal methodology to affect the specific meaning of those concepts, may give rise to astonishing and irrational changes of meaning of the law. Finally the paper sets out in search of an added value of vagueness in law, and weighs several stated pros and contras of vagueness. The paper is written against a background of the German speaking realm.     

A Cross-National Analysis of the Mediating Effect of Economic Deprivation on Crime

This study develops and tests a model of economic deprivation and crime using data from 52 nations for the years 1995–1999. The model, centering on the role of absolute and relative economic deprivation in mediating crime, predicts that social change causes variation in economic deprivation, which, in turn, leads to variation in crime rates. The results show that the relative deprivation variable, income inequality, mediates a large portion of the effects of two social change variables, population growth and urbanization, on homicide, while one of the absolute deprivation variables, GDP, transmits a great part of the effects of social change variables on theft. Both social change variables were found to have a weak direct connection to homicide and theft rates. Implications for policy and future research are discussed.     

The links between religiosity, childhood sexual abuse, and subsequent marijuana use: an empirical inquiry of a sample of female college students

A number of studies indicate that childhood sexual abuse (CSA) has a negative impact on later psychological well-being. It is well documented that experiences of CSA are associated with depression, self-destructiveness, and subsequent substance abuse or alcohol consumption. Compared with women who experienced no such sexual abuse in childhood, women who were victims of sexual abuse in childhood were more likely to be depressed and use drugs or consume alcohol in later life. Analyzing data of 1,569 females derived from the "Longitudinal Study of Violence Against Women," this study examines whether the strain caused by sexual victimization leads to a higher level of subsequent marijuana use and whether religiosity moderates the negative effects of CSA. It was found that CSA was associated with an increased level of marijuana use in high school. However, more proximate sexual victimization (victimization in college) seemed to override the impact of CSA on subsequent marijuana use. Religiosity was found to moderate the effect of CSA on marijuana use in high school. Religiosity was negatively associated with marijuana use in high school as well as the second and fourth collegiate years. Policy implications and promising directions for future research are discussed.     

TRANSLATING THE PROBLEMS OF THE ELDERLY INTO EFFECTIVE POLICIES: AN ANALYSIS OF FILIAL ATTITUDES

This paper examines the political implications of current decision making efforts that underpin recent cost-cutting measures of federally supported programs serving the elderly. Current policy changes that favor the private sector (e.g., shifts of the cost of care to other levels of government and to elderly individuals and their families) have also generated a renewed interest in the policy of mandating family responsibility. The paper also examines attitudes concerning filial responsibility, such as multigenerational living. The inadequacy of current policy analysis that has encouraged the disestablishment of the current long-term care system and the shifting of care costs to the private sector, especially to the individual and the family are also examined.     

Too Many Black Men: The Sentencing Judge's Dilemma

Legal reform sometimes has unanticipated, even ironic, results. A good example is federal legislation adopted in the 1980s that was supposed to enhance equity in sentencing. Congress, like many state legislatures in this period, reduced judicial control over sentencing by adopting presumptive sentencing guidelines for all serious criminal offenses and mandatory sentences for some specific crimes. Reformers did succeed in reducing judicial discretion in the sentencing process, but racial disparities have gotten much worse. Unprecedented numbers of minorities, particularly black men, are going to jail for long terms. The situation leaves trial judges in a difficult position. They are legally bound to implement a sentencing regime that many of them believe is racially discriminatory. Herbert Jacob's work on criminal trial courts provides a framework for investigating this problem. As Jacob's organizational approach predicts, judges were initially more troubled by the diminution of their powers than by the emerging pattern of increased minority incarceration. Nevertheless, some judges have criticized the racial implications of the sentencing law, protesting in various, resourceful ways. Judicial resistance to a law on moral grounds, though rare, is significant because it represents a break in the ranks of officialdom that enhances the moral credibility of critics of the current law.     

Does incarceration-based drug treatment reduce recidivism? A meta-analytic synthesis of the research

This research synthesized results from 66 published and unpublished evaluations of incarceration-based drug treatment programs using meta-analysis. Incarceration-based drug treatment programs fell into five types: therapeutic communities (TCs), residential substance abuse treatment (RSAT), group counseling, boot camps specifically for drug offenders, and narcotic maintenance programs. We examined the effectiveness of each of these types of interventions in reducing post-release offending and drug use, and we also examined whether differences in research findings can be explained by variations in methodology, sample, or program features. Our results consistently found support for the effectiveness of TC programs on both outcome measures, and this finding was robust to variations in method, sample, and program features. We also found support for the effectiveness of RSAT and group counseling programs in reducing re-offending, but these programs’ effects on drug use were ambiguous. A limited number of evaluations assessed narcotic maintenance or boot camp programs; however, the existing evaluations found mixed support for maintenance programs and no support for boot camps.     

Interactive Relations Between Universities and Firms: Empirical Evidence for Austria

In recent years interaction between universities and the business sector and the role of these collaborations in fostering innovation has received greater attention. This paper analyzes different types of interactions between the two sectors from the perspectives of universities and firms. The three major research questions address the frequency of different types of interactions, the benefits that companies derive from interaction with universities and determinants of interaction for both sectors.Two different surveys form the empirical base for this paper: One among innovative firms in Austria, one among all Austrian university departments. The methodologies we use are analyses of variance and logistic regressions. Our results demonstrate that the main channel of knowledge transfer from universities to the business sector still occurs through the mobility of human capital. The major barriers of interaction lie in the differences between cultures of the two spheres as well as lack of information at the side of firms.     

Possible solutions for preventing inmate sexual Assault: Examining wardens’ beliefs

Inmate sexual assault has long been a problem within the American correctional system. Prison sex researchers have prescribed various remedies and solutions for dealing with this issue. However, few of these studies have examined wardens’ beliefs regarding possible remedies for inmate sexual assault. Using data collected from 226 wardens in 2001, this study examines the beliefs that wardens hold concerning the effectiveness of institutional policies and procedures, staff training, and increased supervision by staff on sexual assault among inmates. On average, wardens feel these possible solutions would reduce inmate sexual coercion. Multiple regression analyses reveal that race, education, percentage of inmates sexually assaulted and known by the warden, and percentage of inmates having consensual sex are statistically significant variables associated with these remedies. Support for this project was provided by a grant from the College of Justice and Safety, Eastern Kentucky University.     

First do no harm: a look at correctional policies and programs today

Objectives

This paper reviews the historical changes in correctional policies and the impact these changes have had on the operations of corrections and correctional programs. Social changes and theoretical perspectives moved corrections away from a focus on rehabilitation to programs characterized by deterrence, incapacitation, and control. Similarly, theoretical criminology encouraged corrections to move away from rehabilitation towards programs designed to provide social opportunities such as employment and housing for offenders. This paper examines whether these changes in policies and programs have been effective in reducing recidivism. The question is: What works in corrections?

Methods

This paper reviews the research examining the impact of correctional policies and programs on the later criminal activities of offenders and delinquents. Research using systematic reviews, meta-analyses, and the Maryland method scores is used to draw conclusions about the effectiveness of various types of programs, management strategies, and policies.

Results

Research demonstrates programs based on deterrence, incapacitation and increased control do not reduce the future criminal activities of offenders and delinquents. Nor have programs targeting social opportunities such as employment and housing been effective in reducing recidivism. The most effective programs target individual-level change in thinking and information processing.

Conclusions

In the search for ways to sanction offenders, U.S. correctional policies and programs using control, deterrence, and incapacitation have harmed individuals and communities. Such programs have not been effective in reducing recidivism. While programs that provide social opportunities for offenders do not necessarily harm offenders neither do they decrease later criminal activities. Effective programs bring about a cognitive transformation in offenders and delinquents. Theorists have begun to develop hypotheses about how and why these transformations are effective. The current emphasis on evidence-based programs, the research evidence on what is effective and the need to reduce the cost of corrections suggest we are on the brink of another paradigm change. Where this will take us is still unclear, but the paradigm will have to address the current problems facing the U.S. correctional systems.