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11.
It has sometimes been argued that one way to reduce the costs of law enforcement would be to reduce the probability of detection and conviction (hence saving those costs), while at the same time increasing the size of the punishment. Following this strategy would keep the expected costs (to a risk neutral criminal) of committing a crime constant and hence keep the deterrence level constant; it would have the benefit, though, of reducing costs to the rest of society.There are some well-known objections to such a policy. One such objection deals with marginal deterrence: A convicted murderer serving a life sentence with no chance of parole in a jurisdiction which bans capital punishment has nothing to lose from killing a prison guard—there is no marginal deterrence to the commission of a more serious crime or any additional crime for that matter. In fact, so long as there remains any upper limit to the amount of punishment that can be inflicted upon a convicted criminal, the only ways to create some type of marginal deterrence are to reduce the punishments for less serious crimes, which will either reduce the deterrence of those less serious crimes, or alternatively to require the use of more of society's scarce resources to increase the probabilities of apprehension and conviction.It is possible to reduce this marginal deterrence problem, however, by practicing cruel and unusual punishment on perpetrators of serious crimes, i.e. by raising the limits of allowable punishment. Anecdotal evidence suggests this practice is followed unofficially with child molesters and killers of prison guards and hence provides some additional deterrence against these crimes.Despite the theoretical validity of this argument, our society has chosen to impose a constitutional ban on cruel and unusual punishment. Furthermore, over time we seem to have lowered the threshold of what is considered cruel and unusual. Following Dr. Pangloss, the concluding section of the paper examines why rational maximizers would choose to give up this additional potential deterrence. The explanations depend upon an assumed positive income elasticity of demand for humanitarianism or for insurance against the costs of punishing the innocent. While there are some reasons to accept the humanitarianism argument, the insurance argument seems more persuasive. 相似文献
12.
Errol Anthony Henderson 《国际研究季刊》1998,42(3):461-484
This article examines the extent to which cultural similarity vitiates the relationship between joint democracy and the incidence of interstate war. Previous empirical findings which suggest that cultural/normative explanations of the democratic peace are more robust than institutional/structural ones invite an analysis of the impact of broader cultural factors on the relationship between joint democracy and war involvement. The author suggests several ways that cultural factors might mitigate the democratic peace phenomenon and conducts a multivariate logistic analysis of state dyads from 1820 to 1989 to test the main query. Of the cultural variables, religious similarity within dyads is associated with a decreased likelihood of war onset, while both ethnic and linguistic similarity have the opposite effect. Democratic dyads, on average, have higher religious similarity levels than nondemocratic dyads, which, ostensibly, might play a role in reducing conflict within democratic dyads. However, the findings clearly demonstrate that although cultural factors are significant correlates of war they do not vitiate the impact of joint democracy on war. It appears that where a pair of states share a common democratic political culture it exerts a conflict dampening impact that overrides ethnic, linguistic, or religious factors. 相似文献
13.
Jeffrey Henderson 《Contemporary Politics》2008,14(4):375-392
The rise of China as an economic and political ‘driver’ of the global economy may presage a new phase of globalization. This paper postulates the emergence of this new phase – a ‘Global-Asian Era’ (GAE) – as a ‘working hypothesis’. It suggests that such an era is likely to be distinct from any of the earlier phases of globalization, and China's global footprint, in terms of its business, economic and political actions and their geopolitical implications, is likely to be markedly different from what has gone before. The paper sketches the reasons for these differences before turning to a discussion of the nature and dynamics of a possible future GAE. Paying particular attention to the developing world, the paper then explores some of the evidence that could be marshalled in support of the hypothesis. It outlines a series of vectors (trade, aid and energy security) along which it is possible to discern some of the ways in which an emergent GAE could be seen as impacting on the developing world. The paper argues that, at least for these vectors, a China-driven GAE is likely to provide dangers as well as opportunities for national development projects. 相似文献
14.
This article introduces psychologists to aspects of the legal process most pertinent to their role as expert witnesses in civil litigation. It summarizes the role of psychological evidence in the adjudication of common law tort claims, the structure of the court system, and the stages of the litigation process. It also explains the various roles a psychological expert may play during litigation and the implications of those roles for expert confidentiality and disclosure. The article then provides an overview of legal policy governing the admissibility of psychological expertise, especially as admissibility is affected by the “Daubert” standard applied in most North American courts. 相似文献
15.
National Identity or National Interest? Scottish,English and Welsh Attitudes to the Constitutional Debate
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This article analyses political attitudes to the union in England, Scotland and Wales after the Scottish independence referendum. Using public opinion data, we explore constitutional preferences and perceptions of national grievance, before examining the role that national identity plays in structuring preferences. Our evidence shows that considerable demand exists for nationally demarcated forms of government within the UK, although these constitutional preferences do not translate in support for policy diversity across the UK. We also find evidence that these constitutional preferences relate closely to national identity, but relate also to appeals to national interest. 相似文献
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17.
Schmidt LA Wiley J Dohan D Zabkiewicz D Jacobs LM Henderson S Zivot M 《Journal of health politics, policy and law》2006,31(5):945-980
Sharp declines in welfare rolls since the passage of welfare reform legislation have led many to label it a social policy success. Using data from prereform and postreform samples of welfare applicants and recipients, as well as ethnographic data on welfare reform implementation, we examine three hypotheses based on concerns raised during the welfare reform debate about the possible effects of new policies on substance abusers and addicts: First, they would be "scared off," or discouraged from applying to aid by welfare's new requirements surrounding work and treatment. Second, they might be "weeded out," or face discrimination in the application process because of concerns about the difficulty of moving them successfully from welfare to work. Third, they might be "bumped down," or shifted to local aid programs rather than moving from welfare to self-sufficiency. Our empirical analysis finds no evidence of scaring off or weeding out, and some evidence of bumping down. Using ethnographic data, we offer some possible explanations for these findings by placing them in the context of policy change and implementation in the years following welfare reform. 相似文献
18.
Sharon Silber Eric Hermann Melinda Henderson Adam Lehman 《Journal of family violence》1993,8(1):27-38
Behaviors of influence and response during a conflict negotiation task were examined in eight physically child abusing, substance abusing families in which the father was the primary abuser and eight demographically matched nonabusing families. Abusing fathers displayed more coercive patterns of influencing behavior and more negative patterns of response to other family members, including both mothers and children. Fewer differences were observed between mothers in the abusing and nonabusing families or in the children's behavior; however, mothers in the abusing families criticized their husbands more and abused children exhibited less agreement and more criticism toward their fathers. In support of Patterson's theory, abusing families exhibited relatively more reciprocated sequences of criticism and relatively fewer reciprocated sequences of agreement as compared to nonabusing families. Findings are discussed in terms of their implications for understanding interaction in child abusing families. 相似文献
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20.
Ailsa Henderson Charlie Jeffery Robert Liñeira Roger Scully Daniel Wincott Richard Wyn Jones 《The Political quarterly》2016,87(2):187-199
In the 1975 referendum England provided the strongest support for European integration, with a much smaller margin for membership in Scotland and Northern Ireland. By 2015 the rank order of ‘national’ attitudes to European integration had reversed. Now, England is the UK's most eurosceptic nation and may vote ‘Leave’, while Scotland seems set to generate a clear margin for ‘Remain’. The UK as a whole is a Brexit marginal. To understand the campaign, we need to make sense of the dynamics of public attitudes in each nation. We take an ‘archaeological’ approach to a limited evidence‐base, to trace the development of attitudes to Europe in England since 1975. We find evidence of a link between English nationalism and euroscepticism. Whatever the result in 2016, contrasting outcomes in England and Scotland will exacerbate tensions in the UK's territorial constitution and could lead to the break‐up of Britain. 相似文献