The politics of regulatory enforcement and compliance: Theorizing and operationalizing political influences

There is broad consensus in the literature on regulatory enforcement and compliance that politics matters. However, there is little scholarly convergence on what politics is or rigorous theorization and empirical testing of how politics matters. Many enforcement and compliance studies omit political variables altogether. Among those that address political influences on regulatory outcomes, politics has been defined in myriad ways and, too often, left undefined. Even when political constructs are explicitly operationalized, the mechanisms by which they influence regulatory outcomes are thinly hypothesized or simply ignored. If politics is truly as important to enforcement and compliance outcomes as everyone in the field seems to agree, regulatory scholarship must make a more sustained and systematic effort to understand their relationship, because overlooking this connection risks missing what is actually driving regulatory outcomes. This article examines how the construct of “politics” has been conceptualized in regulatory theory and analyzes how it has been operationalized in empirical studies of regulatory enforcement and compliance outcomes. It brings together scholarship across disciplines that rarely speak but have much to say to one another on this subject in order to constitute a field around the politics of regulation. The goal is to sharpen theoretical and empirical understandings of when and how regulation works by better accounting for the role politics plays in its enforcement.     

Variables influencing sentencing severity: Intercourt differences in Connecticut

Studies of criminal-court dispositions have traditionally aggregated courts along political and geographic boundaries. This article suggests that courts should be analyzed individually, even within the same jurisdiction, as a means of increasing the explanatory capacity of the variables involved. Further, it is contended that intercourt differences are a result of organizational influences operating within each court.     

Book review: Criminal justice history and co‐corrections

Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870–1910 Chapel Hill, N.C.: The University of North Carolina Press, 1981, 335 pp.

Charles Campbell, Serving Time Together: Men and Women in Prison Fort Worth, Texas Christian University Press, 1980, 237 pp.     

A Review of: “Exploring Positive Identities and Organizations: Building a Theoretical and Research Foundation edited by Laura Morgan Roberts and Jane E. Dutton”

ABSTRACT

Public service motivation (PSM) has been shown to be positively related to job satisfaction in the public sector, but there are two gaps in the literature. First, not only PSM but also pro-social motivation directed towards helping specific others (called user orientation) may affect job satisfaction. Second, the relationship between job satisfaction and these two types of pro-social motivation, PSM and user orientation, may also be found in the private sector. This study tests whether job satisfaction is associated with PSM and user orientation, and whether these associations differ between public and private employees. Using data from a survey of Danish employees (n = 2,811), we generally find positive relationships between the two types of pro-social motivation and job satisfaction, but the strength of the associations vary between occupations. The PSM–job satisfaction association does not differ significantly between the private and public sector, while the user orientation–job satisfaction association is strongest for private employees. This suggests that to understand the relationships between pro-social motivation, employment sector, and job satisfaction, future studies could fruitfully consider incorporating other types of pro-social motivation such as user orientation.     

Media Transitions in the Rear-View Mirror: Some Reflections

This essay explores the development of media systems in Central and Eastern Europe in the post-Soviet period, including the influence of social and political factors, outside media assistance, and the drive toward privatization and public service broadcasting, in an effort to understand what the experience teaches about democracy promotion, about the efficacy of various forms of media intervention, and about the utility of various forms of incentives and pressures in setting agendas and effecting political change. Despite differing historical, social, and political traditions and different forms of and reactions to media assistance efforts, factors, both exogenous (“Americanization” and “strategic communication”) and endogenous (“modernization,” secularization and commercialization), ultimately contributed to a homogenization of systems, rendering less relevant the particular distinctions among countries.     

Prediction of adolescent sexual reoffending: A meta-analysis of the J-SOAP-II, ERASOR, J-SORRAT-II, and Static-99

Several risk assessment tools, including the Juvenile Sex Offender Assessment Protocol-II (Prentky & Righthand, 2003), the Estimate of Risk of Adolescent Sexual Offense Recidivism (Worling & Curwen, 2001), the Juvenile Sexual Offense Recidivism Risk Assessment Tool-II (Epperson, Ralston, Fowers, DeWitt, & Gore, 2006), and the Static-99 (Hanson & Thornton, 1999), have been used to assess reoffense risk among adolescents who have committed sexual offenses. Given that research on these tools has yielded somewhat mixed results, we empirically synthesized 33 published and unpublished studies involving 6,196 male adolescents who had committed a sexual offense. We conducted two separate meta-analyses, first with correlations and then with areas under the receiver operating characteristic curve (AUCs). Total scores on each of the tools significantly predicted sexual reoffending, with aggregated correlations ranging from .12 to .20 and aggregated AUC scores ranging from .64 to .67. However, in many cases heterogeneity across studies was moderate to high. There were no significant differences between tools, and although the Static-99 was developed for adults, it achieved similar results as the adolescent tools. Results are compared to other meta-analyses of risk tools used in the area of violence risk assessment and in other fields. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

Cardiopulmonary resuscitation-related injuries and homicidal blunt abdominal trauma in children

Defendants accused of inflicting fatal abdominal injuries to children occasionally raise the defense that the injuries were caused by cardiopulmonary resuscitation (CPR). The purpose of this study is to answer the question: Does closed chest CPR result in fatal blunt abdominal injuries that can be mistaken for homicidal assault? To that end, a retrospective study was conducted of all homicidal blunt abdominal injuries in children 10 years and younger from the Dade, Broward, and Palm Beach Medical Examiner's Offices from 1981 through 1997. These were compared to cases of children who died of natural causes during the same time period in Broward County who had CPR (control group 1) and to children who died of nonvehicular accidental blunt abdominal trauma (control group 2). Children with life-threatening head injuries were excluded. Medical examiner records, autopsy reports, documenting photographs, and clinical records were reviewed. The data analyzed included subject demographics, whether CPR was performed and by whom, and autopsy findings. Thirty-three child homicides with fatal abdominal injuries were reviewed. Twenty-four (73%) of the homicides received CPR. There was no difference in the nature and severity of injuries between the 24 children who received CPR and the 9 who did not. Three hundred and twenty-four cases of pediatric natural deaths were reviewed, all of which had CPR. No traumatic abdominal injuries were found in any of the children who died of natural causes. Only four children who died of natural causes had evidence of extraabdominal trauma related to CPR. No cases of nonvehicular accidental blunt abdominal trauma were identified during the 17-year period, although there were nonvehicular accidental fatalities due to extraabdominal injuries. The likelihood of CPR-related primary abdominal trauma in child homicides is very low.     

Competence to Waive Interrogation Rights and Adjudicative Competence in Adolescent Defendants: Cognitive Development,Attorney Contact,and Psychological Symptoms

Although there is growing evidence of developmental differences in competency to waive interrogation rights and adjudicative competence, the correlates of adolescents' legal capacities remain unclear. This study examined the relationship of legal capacities to cognitive development, legal learning opportunities, and psychological symptoms. Participants were 152 male and female defendants aged 11–17, who completed Grisso's Instruments for Assessing Understanding and Appreciation of Miranda Rights, the Fitness Interview Test (Revised Edition), the Woodcock-Johnson III Cognitive Assessment Battery, and the Brief Psychiatric Rating Scale for Children. Legal capacities relevant to interrogation and adjudication increased with age. These developmental differences were partially mediated or explained by cognitive development. Of the specific cognitive ilities examined (general intellectual ability, verbal ability, reasoning, long-term retrieval, attention, and executive functioning), verbal ability was a particularly strong predictor of performance on competency measures. Also, defendants obtained lower scores on competency measures if they showed evidence of attention deficits or hyperactivity, had spent limited time with their attorneys, and/or were from low socioeconomic backgrounds.