The Discourse of Criminality: From Beccaria to Postmodernism

The use of discourse in criminological thought and writing is touted as though it is a recent event; building off the work of postmodernism In reality, however, the use of discourse in addressing criminological concepts goes back to the earliest works in criminology (although it was not referred to as discourse at that time). This article discusses the history of discourse in criminality, focusing specifically on Beccaria and Lombroso. Application for current use of discourse is suggested as a way of making postmodernist writing perhaps more useful to a wider audience. This revised version was published online in July 2006 with corrections to the Cover Date.     

Post-conflict justice in divided democracies: the 1984 anti-Sikh riots in India

Abstract

Official figures claim that almost 3000 people were killed, and many more injured or displaced, in four days of rioting aimed at the Sikh population of Delhi in late October and early November 1984 following the assassination of Indira Gandhi. This article analyses the efforts made to address the human rights violations that occurred. It argues that as a divided democracy, India has struggled to do justice to the victims, despite multiple commissions of inquiry, compensation schemes and a prime ministerial apology. It argues that this has occurred not simply because of challenges commonly faced by democracies dealing with similar incidents, but also because of the particular problems faced in a context in which we see continuity of rule by a political elite allegedly implicated in the abuse and in which there is acute concern for the survival of a fragile divided polity.     

Jails in the United States: the phenomenon of mental illness in local correctional facilities

During the last decade, the number of mentally ill inmates in local jails has increased while courts have imposed standards of inmate care upon jail administrators which require appropriate treatment of that inmate group. While jail administrators are seeking assistance from mental health agencies as well as additional resources to deal with these problems, little specific information is presently available about the numbers and correlates of jail inmates nationally that are mentally ill; their prior contacts with mental health agencies, criminal histories, employment backgrounds, etc; and the services jails presently offer to that population. In addition, little is known by geographic region or by jail capacity. Such information is essential in developing future strategies to manage that population. This paper is a preliminary contribution to the development of that information. In addition, the data analysis can serve as a base line against which to evaluate in the structure of the mentally ill jail inmate population as well as changes in services provided by jails by comparing this analysis to future jail surveys conducted by the Bureau of Jail Statistics (BJS) or the National Institute of Justice. The research will be a secondary analysis of the Survey of Inmates of Local Jails, 1983, conducted by BJS, (made available through the Inter-University Consortium for Political and Social Research: University of Michigan, First Edition, Fall, 1985, #8274). In general an exploratory approach was used; however, a loglinear model has been asked to further refine and explore the phenomena of the mentally ill in jails.     

Making a difference? The role of Statutory Committees in the Northern Ireland Assembly

This paper seeks to examine some aspects of the early operation of the Northern Ireland Assembly and in particular the role of the Statutory Committees. The particular issue that is used to explore these matters is the review of student finances which the Higher and Further Education, Training and Employment Committee (HFETEC) undertook as its first major investigation. It should be noted here that the Department of Higher and Further Education, Training and Employment changed its name to the Department of Employment and Learning during 2000. The Committee also changed its name to the Employment and Learning Committee. Since the issues discussed took place prior to these changes the original name has been used here. Specifically, the paper examines the Review of Student Finances launched by the Department of Higher and Further Education, Training and Employment (DHFETE), how the Committee tackled the issue, tensions within the Committee, the relationship between the Committee and the Minister, between the Minister and the Department, the public debate, how the Committee Report was subsequently dealt with in the Assembly and the Minister's response. It is suggested that this example provides some insights into the operation of the distinctive devolved institutions in Northern Ireland and some early evidence of how such Statutory Committees may develop.     

Ideology,economic interests,and congressional roll-call voting: Partisan instability and Bank of the United States legislation, 1811–1816

We introduce a wrinkle into the study of Congressional roll-call voting by focusing on a period of partisan instability in American History: the Era of Good Feelings. During deviations from normal periods of two-party rule, the dominant model of voting behavior, the ideological model, loses precision in correctly classifying individual votes. We contend that a “pooled” voting model – comprised of both ideological and economic variables – performs better than the basic ideological model during these unstable periods. When party mechanisms no longer constrain or structure actions, we believe the “electoral connection” is especially important, and, thus, economic-based constituency factors must be included in models of vote choice. To explore this belief, we focus on a particularly contentious issue – the rechartering of the Bank of the United States (BUS) – which was dealt with before and after a partisan decomposition occurred in the House. Using measures developed by Poole and Rosenthal (1985, 1997), we find that the vote on the First BUS in 1811, during a stable partisan period, is organized along ideological lines. By 1816, the two-party system collapsed, and we do not find the vote on the Second BUS to exhibit much ideological structure. Conversely, we find that our pooled model predicts the vote on the Second BUS quite well, providing a substantial improvement in fit over the basic ideological classification.     

THE DOCTRINE OF STRICT LIABILITY: AN ALTERNATIVE APPROACH TO CONSUMER PROTECTION REGULATION

Using a legal system of strict liability allowing contributory negligence as a valid defense provides an alternative to consumer protection regulation. In addition, the strict liability system allows rapid and responsive compensation to injured individuals. Corporate uncertainty as to future costs and business environment are substantially reduced, thus allowing firms to make accurate and rational long-term, strategic plans. This paper presents the basic functional constructs required for developing a viable regulatory framework using strict liability and then looks at an example where it could be employed. The scenario deals with an environmental pollution and protection problem. In the example, a strict liability system allowing for a defense of contributory negligence is shown to be conceptually more efficient and desirable than the existing regulatory system and negligence liability procedures.