Prisons or Problem-Solving: Does the Public Support Specialty Courts?

ABSTRACT

Recently, “problem-solving” courts have been developed as an alternative to imprisonment. They are often called “specialty” courts because they process and divert into treatment programs offenders who are seen as different from the general criminal population, such as those with mental health or drug problems, those who are homeless or veterans, and those who engage in domestic violence. Based on a 2017 national survey of 1,000 respondents, the current study examines overall public support for rehabilitation as a goal of corrections and then focuses specifically on support for different types of specialty courts. The analysis reveals that the American public endorses not only the rehabilitative ideal but also the use of problem-solving courts. Further, with only minimal variation, strong support for these courts appears to exist regardless of political orientation and sociodemographic characteristics.     

Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK1

There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education.     

RICO: The genesis of an idea

In 1970, the Congress enacted the Organized Crime Control Act. Title IX of the 1970 Act is the Racketeer Influence and Corrupt Organization Act or RICO. This Act had its origins in legislation going back as far as 1934, but coming forward to 1961. The 1970 Act borrowed ideas from this earlier legislation, principally “enterprise,” but also the use predicate statutes to define “racketeering activity.” The ideas are not new, but their combination affects how prosecutors and law enforcement agents investigate, try, and sanction violations of the Act. RICO’s drafting also reflects organizational theory and economic analysis. The investigation and prosecution of a single crime committed by an individual on a single day and in a single place maybe done using one set of procedural and evidentiary rules. Nevertheless, the investigation and prosecution of patterns of diverse offenses committed by, through, and against licit and illicit enterprises require sophisticated procedures, evidentiary rules, and criminal sanctions. In addition, antisocial conduct is more than a challenge to the administration of criminal justice; it also requires the full panoply of civil sanctions, including public injunctions as well private enforcement of injunctive relief and treble damages. RICO has had a profound effect on the prosecution of organized crime, white-collar crime, and other forms of similar criminal behavior. William J. & Dorothy K. O’Neill Professor of Law, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws and Procedures of the United States Senate Committee on the Judiciary in 1969-70 when the Organized Crime Control Act of 1970, Pub. L. No. 91-542, 84 Stat. 922 (1970) was processed, Title IX of which is the Racketeer Influence and Corrupt Organization Act or RICO. For a general treatment of the statute from a variety of perceptive, see the collection of law review literature in G. Robert Blakey & Kevin Roddy, “Reflections on Reves v. Ernst & Young: Its Meaning an Impact on Substantive, Accessory, Aiding, Abetting and Conspiracy Liability under RICO,” 33 Amer. Crim. L. Rev. 1345, 1348 n. 3(1996).     

Acute myoglobinuria as a fatal complication of heroin addiction

A fatal case of myoglobinuria complicating heroin addiction is described. Clinically the patient had no overt symptoms of rhabdomyolysis. Pathologists should be alerted to this rare complication in heroin addicts who die of no apparent cause. The antimyoglobin immunoperoxidase technique is useful in confirming the diagnosis.     

Roentgen imaging of stab wounds in parenchymatous organs

Stab wounds were made in parenchymatous organs (e.g. liver, spleen, kidneys, lungs) using a variety of instruments. The shape of the resulting canal was investigated by X-ray analysis after introduction of an X-ray contrast medium. The best contrast was obtained using a contrast medium containing barium. The shape of the canal gave a direct representation of the outline of the instrument used. The width of the canal was however, always several millimeters smaller than the corresponding blade of the instrument. The position of the blade back in single-edged blades could be demonstrated with stronger contrast.     

The individuality of fibres used to provide forensic evidence--not all blue polyesters are the same.

Fibres used in forensic casework suffer from a disadvantage common to other forms of trace evidence--it is not possible to state with absolute certainty that they originate from a specific source. Target fibre studies, population studies and research on 'blocks of colour' have effectively demonstrated the polymorphism of textile fibres (particularly man-made ones) and have shown that when a fibre is believed to have a specific putative source, the chance that it has originated from a different source purely by coincidence is extremely remote. A study by Houck MM (Houck MM, Inter-comparison of unrelated fibre evidence. Forensic Science International 2003; 135: 146-149) has shown that no coincidental matching fibres were recovered from items of clothing examined in 20 unrelated crimes. The study involved over two million comparisons. This work goes a step further, and using the example of blue polyester fibres shows that even within a very narrow segment of the whole general fibre population, many examples of a specific colour/type of man-made fibre taken from random sources can be compared and the chance of any two being the same is very low. These studies should help to show the specificity and value of transferred fibres in providing forensic evidence.     

RACIAL–ETHNIC INTOLERANCE AND SUPPORT FOR CAPITAL PUNISHMENT: A CROSS-NATIONAL COMPARISON*

This article tests cross-nationally the minority group threat thesis that public sentiments toward repressive crime-control policies reflect conflicted racial and ethnic relations. Using multiple data sets representing France, Belgium, the Netherlands, East and West Germany, Italy, Luxembourg, Denmark, Great Britain, Greece, Spain, Finland, Sweden, Austria, Canada, Ireland, and Portugal, we examine whether racial and ethnic intolerance—animus, resentments, or negative sentiments toward minorities—predicts greater support for the death penalty. Our results reveal that the respondents were significantly more likely to express support for capital punishment if they were racially or ethnically intolerant while controlling for other covariates of public opinion. These findings indicate that the link between support for capital punishment and racial and ethnic animus may occur universally in countries with conflicted racial and ethnic relations.