New Public Management and Substantive Democracy

The authors are concerned that a remaining refuge of substantive democracy in America, the public sector, is in danger of abandoning it in favor of the market model of management. They argue that contemporary American democracy is confined to a shrunken procedural remnant of its earlier substantive form. The classical republican model of citizen involvement faded with the rise of liberal capitalist society in the late nineteenth and early twentieth centuries. Capitalism and democracy coexist in a society emphasizing procedural protection of individual liberties rather than substantive questions of individual development. Today's market model of government in the form of New Public Management goes beyond earlier "reforms," threatening to eliminate democracy as a guiding principle in public-sector management. The authors discuss the usefulness of a collaborative model of administrative practice in preserving the value of democracy in public administration.     

Eliciting preferences for land use alternatives: A structured value referendum with approval voting

This article discusses an experimental application of the Structured Value Referendum (SVR) with approval voting. The decision context is selecting the best land use for an undeveloped area of publicly owned suburban land in Richmond, British Columbia. Subjects were a random sample of 200 registered voters, selected in a "mall‐intercept" format. Subjects reviewed relevant information, completed a ballot, and then completed a survey about their satisfaction with the approval voting format. The results are of substantive interest for the land use decision, and show a high preference for an approval voting format. The results show ease in understanding the task and information provided, as well as a belief that this approach could be useful in guiding public policy. © 1999 by the Association for Public Policy Analysis and Management.     

Withdrawn: Hair Analysis for Drug‐Facilitated Crime: The Critical Role of Hair Growth Rate

The following article from the Journal of Forensic Sciences, “Hair Analysis for Drug‐Facilitated Crime: The Critical Role of Hair Growth Rate” by Koren G, Bellaish E, Maman K, published online on 3rd September 2019 (1) on Wiley Online Library has been withdrawn at the authors’ request, and in agreement between the authors, the Journal’s Editorial Office, and John Wiley & Sons, Inc. The withdrawal has been agreed to by all parties due to material included in the article being involved in current litigation. Reference 1. Koren G, Bellaish E, Maman K. Hair analysis for drug‐facilitated crime: the critical role of hair growth rate. J Forensic Sci 2019;54(5):1574–5. https://doi.org/10.1111/1556-4029.14013 .     

The Role of Site Variance in the American Judicature Society Field Study Comparing Simultaneous and Sequential Lineups

Objectives

Police departments often use photo lineups for eyewitness identification purposes. A widely adopted lineup reform designed to reduce eyewitness misidentifications involves switching from the standard simultaneous photo presentation format to a sequential format. These two lineup procedures were recently tested in the American Judicature Society (AJS) field study, which was conducted in four different police jurisdictions. The results from two phases of that investigation reached opposite conclusions as to which lineup procedure is superior, and the purpose of our current investigation was to elucidate the role of site variance in shaping those contrasting conclusions.

Methods

In previous analyses, the field study data were either (1) aggregated across all four study sites or (2) drawn from only one study site (Austin, Texas). Here, we analyze the data separately for the Austin study site, where 69 % of the eyewitnesses were tested, and the other three study sites combined, where 31 % of the eyewitnesses were tested.

Results

The results indicate significant site variance between the Austin and non-Austin study sites. In addition, the results suggest that aggregating the data across sites played a determinative role in creating the apparent disagreement about which lineup procedure is diagnostically superior.

Conclusions

Once large differences across the AJS study sites are taken into consideration, there is no longer any disagreement about which lineup procedure is superior. The simultaneous procedure is diagnostically superior to the sequential procedure, but the sequential procedure sometimes induces more conservative responding (a result that can and often does masquerade as diagnostic superiority).

     

Mother–infant separations in prison. A systematic attachment-focused policy review

Abstract

Mothers in prison separated from their young children are an overlooked group. Attachment theory could provide a useful model to underpin interventions and better support women affected by separation from their infants. Current policy draws on a limited body of evidence and research has developed considerably since its first design. This review systematically searched all relevant UK prison policy and government documents with regards to mother and child separation in prison and analysed the extent to which these documents draw on attachment theory. Following initial searches, 58 documents were thematically analysed. Attachment was implicitly referred to in most documents but only explicitly mentioned in four. Global themes identified included ‘separation as trauma’. However, document groups varied in focusing either on the mother or the child and there were no joint perspectives. Developing and researching specific attachment-informed interventions might be one way forward as would further attachment-based research in this area.     

Matching consequences to behavior: implications of failing to distinguish between noncompliance and nonresponsivity

Neither punitive nor therapeutic approaches alone are effective at addressing the dual public health and public safety concerns associated with managing criminal behavior perpetrated by people who have psychiatric and substance use disorders. The optimal solution may instead require the integration of both criminal justice supervision and treatment. Using problem-solving courts (PSCs) as a model, we focus on one dimension of this integrated approach, distinguishing between behavior that stems from willful noncompliance with supervision and behavior that results from nonresponsivity to treatment. First, we discuss the public health and public safety consequences of using singular approaches to address the criminal behavior of this population. We then present lessons learned from PSCs that distinguish between noncompliant and nonresponsive behaviors in making treatment and supervision decisions. Finally, we consider how the concepts of nonresponsivity and noncompliance may be extended, via policy, to probation and parole settings as well as mental health and substance abuse treatment services outside the criminal justice setting in order to enhance public health and safety.     

Hybrid Texts and Uniform Law? The Multilingual Case Law of the Court of Justice of the European Union

The case law of the Court of Justice of the European Union (ECJ) is shaped by the language in which it is drafted—i.e. French. However, because French is rarely the mother tongue of those drafting that case law, the texts produced are often stilted and awkward. In addition, those drafting such case law are constrained in their use of language and style of writing (owing to pressures of technology and in order to reinforce the rule of law). These factors have led to the development of a ‘Court French’ which necessarily shapes the case law produced and has implications for its development, particularly insofar as it inevitably leads to a type of precedent in that case law. That case law also undergoes many permutations of translation into and out of up to 23 different languages. The resultant texts that make up the case law are hybrid in nature—consisting of a blend of cultural and linguistic patterns, constrained by a rigid formulistic drafting style and put through many permutations of translation. The present paper investigates the production of the Court’s multilingual case law and considers whether the hybrid nature of that case law can actually aid the presentation (and thus the development) of a ‘uniform’ EU case law.