The religious conversion and race of a prisoner: Mock parole board members' decisions,perceptions, and emotions

Parole board members (PBMs) decide whether to release inmates on parole. Decisions may be affected by in‐group bias or stereotypes regarding religion and race. Two experiments investigated whether religious conversions/secular lifestyle changes and race affect mock PBMs' release decisions, emotions, and perceptions. Mock PBMs read a case file of an inmate who was eligible for parole and decided whether to grant parole. Study 1 manipulated whether the inmate had converted to Christianity or Islam, had a secular lifestyle change, or had no lifestyle change. Study 2 also varied race (African American or Caucasian). Race was not a significant factor, possibly because the manipulation was not strong enough to influence participants or because participants did not want to appear racist. Conversions to Islam and Christianity impacted the parole decision, and effects were mediated by believability of the conversion. Secular lifestyle changes affected release decisions and were mediated by perceptions of the inmate and beliefs about his likelihood of recidivism. Such inmates were the most likely to be released and were perceived most positively; their conversions were the most believable. Inmates who made no changes were perceived least positively, indicating that any lifestyle change is better than none. Importantly, no bias towards either religion (Islam, Christianity) was found. Furthermore, conversion type affected how scared PBMs were of the inmate, but this fear did not impact release decisions.     

Examining the prevalence and correlates of a ‘senior citizen discount’ in US federal courts

Few studies focus on age as a factor influencing judicial decision-making, in spite of the widespread use of age as a control variable. Although the limited research to have done so is inconsistent, most scholars agree that age may be race- and/or gender-graded in a manner that produces more severe sentences for certain race–gender–age combinations, especially for young males who are Black or Latino. Less consensus exists with regard to whether older defendants are granted more leniency in the sentencing process and, if so, if the effects of older age are also race- and/or gender-graded. The present study examines this question by examining data from the United States Sentencing Commission. The data presented reveal three noteworthy findings. First, a ‘senior citizen discount’ exists insofar as judges afford more leniency in sentencing to older offenders than their younger counterparts. Second, compared to older males, older females were treated with greater leniency by judges. Finally, whereas Latinos 60 and over were treated with greater severity at the stage of incarceration compared to similarly situated Whites, Blacks received shorter sentence lengths on average. These results are analyzed within the framework of the focal concerns perspective.     

Using Open-Source Data to Identify Participation in the Illicit Antiquities Trade: A Case Study on the Cypriot Civil War

The illicit trade in antiquities from conflict zones is clandestine and politicised and it very likely involves violent, organised criminals, including paramilitaries and terrorists; so reliable, detailed information is extraordinarily difficult to access. Nonetheless, open-source data may provide clues to the structure of the market. This article reviews the development of the Cypriot antiquities trade until the outbreak of the civil war in 1963, through the cultural heritage crisis that accompanied that conflict until the coup and invasion of 1974. Then, adapting an established method for studying the scale of a small, undisturbed illicit market, it gauges communities’ participation in looting during the civil war in Cyprus. It does so by analysing the find-spot and acquisition date information in collections of antiquities recovered before and during conflict, and cross-referencing them with demographic and historical information in order to identify the communities from which the looters probably came. It uses this crude categorical method in order to assess ethnically-based narratives of looting and trading in illicit antiquities. The evidence suggests that: before the conflict, there was no correlation between community and looting; during the civil war, due to economic and geopolitical factors, members of Turkish Cypriot communities were disproportionately involved in looting; at the same time, members of Greek Cypriot communities were far more involved in looting than has previously been recognised; Greek Cypriot archaeologists have misinterpreted the structure of the trade and consequently contributed to communalist policies and nationalist histories; and the antiquities policy of the Republic of Cyprus was one of the significant causes of the developments in the trade.     

Running to stand still: aggressive immobility and the limits of power in Russia

The common conception of Russian politics as an elite game of rent-seeking and autocratic management masks a great deal of ‘mundane’ policymaking, and few areas of social and economic activity have escaped at least some degree of reform in recent years. This article takes a closer look at four such reform attempts – involving higher education, welfare, housing and regional policy – in an effort to discern broad patterns governing how and when the state succeeds or fails. The evidence suggests that both masses and mid-level elites actively defend informality – usually interpreted in the literature as an agent-led response to deinstitutionalization and the breakdown of structure – creating a strong brake on state power. More than a quarter century into the post-Soviet period, this pattern of “aggressive immobility” – the purposeful and concerted defense by citizens of a weakly institutionalized state – has in fact become an entrenched, structural element in Russian politics.     

Corruption and hold-up: the role of intermediaries

Corrupt contracts are illegal and, therefore, vulnerable to hold-up. That is, a bureaucrat who has accepted a bribe from a firm in exchange for a license may still choose not to grant the firm that license (hold-up). This paper develops a model to study the role that intermediaries play in preventing hold-up. There are two types of firms, good firms that are legally entitled to receive a license, and harmful firms that are not. Without intermediaries only good firms enter the market, and harmful firms do not enter because of hold-up. Intermediaries are legally permitted to help firms reduce their navigation costs of obtaining licenses. Thus, intermediaries increase entry of good firms. However, by utilizing the legal aspects of their transaction with good firms as leverage against the bureaucrat, intermediaries can prevent hold-up among harmful firms. Thus, intermediaries increase participation by both good and harmful firms and their welfare costs are ambiguous. Data obtained from occurrences of violations of the Foreign Corrupt Practices Act are broadly consistent with our model.     

The Relevance of Intention to Criminal Wrongdoing

In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan (Crime and culpability: a theory of criminal law. Cambridge University Press, New York, 2009), Chiao (Crim Law Philos 4:37–55, 2010), Walen (Crim Law Philos 3:71–78, 2009)]. We then turn to some influential theories that articulate a direct role for intentions [e.g., Duff (Answering for crime: responsibility and liability in the criminal law. Hart Publishing, Portland, 2007), Husak (Crim Law Philos 3:51–70, 2009)]. While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles, such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing.     

Australia: A German Traveller in the Age of Gold / Friedrich Gerstäcker

Australia: A German Traveller in the Age of Gold / Friedrich Gerstäcker. Edited by Peter Monteath (Adelaide: Wakefield Press, 2016), pp.xi + 303. Illustrations, portrait, map. AU$34.95 (pb).