Executive Decree Authority in Brazil: How Reactive Legislators Influence Policy

Abstract At first glance, wide‐ranging presidential decree authority suggests executive branch domination of legislatures. However, decree power may also be a rational delegation of authority by legislators, in accord with their political objectives. Seen in this light, the key issue for legislators is not halting decree authority but reducing the agency losses that result from delegation. This paper shows how decree authority, as practiced in Brazil, constitutes an example of rational delegation by a legislature in which seniority and policy specialization are relatively undervalued. Brazilian legislators prefer to endow presidents with broad decree power and then monitor presidents on an issue‐by‐issue basis by amending executive decrees. This method of “oversight after delegation” lowers the transaction costs of delegation and speaks to the influence of Brazilian legislators over what is typically seen as an important source of presidential power.     

PEER GROUP INTERVENTIONS TO REDUCE THE RISK OF DELINQUENT BEHAVIOR: A SELECTIVE REVIEW AND A NEW EVALUATION*

Evaluations of correctional treatment programs for criminal offenders and of school-based delinquency prevention programs based on Guided-Group Interaction (GGI) and similar interventions are critically reviewed. One study—the Provo Experiment—provided convincing evidence for the superiority of a community treatment program involving GGI over incarceration (for persons who would otherwise be incarcerated) and modest superiority over probation (for persons who would otherwise be assigned probation). Some evaluations of school-based prevention programs involving GGI derivatives that have been cited as supporting the efficacy of these programs are flawed and may be misleading. A new experimental evaluation of a school-based intervention based on a GGI derivative implies that it increased delinquent behavior among students exposed to it.     

A TEST OF THE ORTEGA HYPOTHESIS IN CRIMINOLOGY

Following J. Cole and S. Cole (1973), we attempt to ascertain whether important scientific work is dependent upon works of lesser quality for fruition. The “Ortega hypothesis” posits such a dependence, and we test this assertion in criminology. Using some 2700 works published in criminology between 1945 and 1972, we demonstrate that less important works (those with few citations) are rarely utilized by much more important papers (those with the highest citation counts). The Ortega hypothesis is refuted, and most criminological literature contributes nothing or little that is useful to the field. This corroborates the conditions found by the Coles to exist in physics after their test of Ortega. The data we use are from Wolfgang et al. (1978).     

CITIZEN GUN OWNERSHIP AND CRIMINAL DETERRENCE: THEORY,RESEARCH, AND POLICY*

Research on the general and specific deterrents emanating from citizenowned firearms is examined under assumptions about deterrence. Only slight and indirect empirical evidence for deterrence exists in the area of citizen gun ownership. The crime-reducing effects associated with public policies that support civilian gun ownership are balanced in light of other, negative public health factors associated with citizen-owned guns.     

THE ROLE OF BOUNDARY‐SPANNING MANAGERS IN THE ESTABLISHMENT OF PUBLIC‐PRIVATE PARTNERSHIPS

This article presents the findings of a study examining the roles and behaviours of boundary‐spanning managers during the establishment of voluntary public‐private partnerships (PPPs). It responds to recent calls in the literature to pursue research that incorporates the pivotal contribution of individual actors in the collaborative process, and to set this research within the stage specific context of partnerships. The analysis is located within the theoretical framework of organizational sensemaking. Using a grounded methodology of data collection, coding and analysis within ten Australian and UK PPPs, the study demarcates a four‐stage evolutionary establishment process of PPPs. Within each stage there exists a specific managerial focus in conjunction with one or two main managerial challenges. Boundary‐spanning managers employ various strategies to overcome such challenges within each specific stage, thus ensuring the progressive evolution of the PPP. These foci, challenges and strategies are identified and analysed in the article.     

RESISTING CRIME: THE EFFECTS OF VICTIM ACTION ON THE OUTCOMES OF CRIMES

This study assessed the impact of sixteen types of victim self protection (SP) actions on three types of outcomes of criminal incidents: first, whether the incident resulted in property loss, second, whether it resulted in injury to the victim, and, third, whether it resulted in serious injury. Data on 27, 595 personal contact crime incidents recorded in the National Crime Victimization Survey for the 1992 to 2001 decade were used to estimate multivariate models of crime outcomes with logistic regression. Results indicated that self-protection in general, both forceful and nonforceful, reduced the likelihood of property loss and injury, compared to nonresistance. A variety of mostly forceful tactics, including resistance with a gun, appeared to have the strongest effects in reducing the risk of injury, though some of the findings were unstable due to the small numbers of sample cases. The appearance, in past research, of resistance contributing to injury was found to be largely attributable to confusion concerning the sequence of SP actions and injury. In crimes where both occurred, injury followed SP in only 10 percent of the incidents. Combined with the fact that injuries following resistance are almost always relatively minor, victim resistance appears to be generally a wise course of action.     

EDUCATION,EDUCATION, EDUCATION: THE THIRD WAY AND PFI

In 1997, New Labour set about the task of reforming public services in the United Kingdom through the use of an ideology that became known as the ‘Third Way’. This research examines the context from which this concept emerged, and explores its relationship with the tools of delivery, with particular reference to the Private Finance Initiative (PFI). The paper begins by reviewing the Third Way, before analysing the arguments for and against PFI. Using an example from the Northern Ireland education sector, the paper argues that the characteristics associated with the Third Way are mirrored in the operational tools of public service delivery, such as PFI. The paper concludes that, within the context of the case study reviewed, there is a ‘consistent pragmatism’ in play in relation to how these delivery initiatives are operated and how they relate to their conceptual underpinnings.     

Juvenile Accountability and the Specific Deterrent Effects of Short‐Term Confinement

To assess the specific deterrent (“teaching a lesson”) and normative validation effects of confinement, the intake histories of a random sample of youths (n=87) confined in a local detention facility were analyzed to determine if the amount of the immediately previous confinement or the total amount of confinement experienced affects the amount of time until the next system intake. No statistically significant relationships were found for any of the intakes, up through eight intakes. The findings, however, demonstrate that a non‐graduated approach to imposition of punishment that did not adequately emphasize individual accountability was not an effective deterrent for the more recalcitrant youths included in this study. Theoretical and policy implications of the findings are discussed.     

COUNTING CRIME BOOMS AMONG NATIONS: EVIDENCE FOR HOMICIDE VICTIMIZATION RATES, 1956 TO 1998*

Constructionists argue that crime booms are rare, modernizationalists predict that booms have been limited to industrializing nations, and globalizationalists claim that booms are universal among nations since World War II. We define crime booms as rates that increase rapidly and exhibit a positive sustained change in direction and use econometric methods to test for booms with homicide victimization rates for 34 nations, 1956 to 1998. Twelve nations satisfied our criteria for booms—too many to support constructionists, but too few to support globalizationalists. In support of modernizationalists, 70% of industrializing nations qualified as having booms, but fewer than 21% of industrialized nations did. Future research should explain industrializing nations that do not experience booms and industrialized nations that do.