A higher bar: Institutional impediments to hate crime prosecution

Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified: evidentiary inflation, by which law enforcement uses a higher burden of proof than what is required by statute; loose coupling between police departments and prosecutors' offices; and cultural distance between law enforcement and victims. Findings also reveal that advocacy groups and media can successfully increase the visibility of cases and draw the attention of prosecutors. The findings align with aspects of legal endogeneity theory and enhance our understanding of the role of organizations in constructing the meaning of law. The results also help explain why some laws are rarely enforced, even when they have support from key personnel in an organization.     

Why Do Soldiers Give Up? A Self-Preservation Theory of Surrender

Surrender, or capitulation to the adversary in combat, can have a significant impact on the duration, intensity, and outcomes of battles and wars. Yet the reasons why soldiers choose to capitulate are not well understood. This article advances a new theory of surrender that argues soldiers are most likely to surrender when they perceive proximate environmental signals leading them to expect humane treatment and a relatively short period of captivity and least likely to give up when those signals lead them to expect abusive treatment and lengthy imprisonment. The model is tested through a detailed examination of surrender rates in World War I and findings indicate that it explains more of the observed variation than do existing theories of capitulation. What little systematic data exists on surrenders during twentieth century interstate wars corroborates these findings. Implications for scholars and policymakers are briefly considered.