Community service: its use in criminal justice

Community service has been perceived as a desirable alternative to the use of short-term imprisonment as a response to increasing crime rates. Although heavily used in Western Europe and the Old Commonwealth, its adoption in the United States has been localized and patchy. Use in Asia, South America, and Africa is limited. This article reviews the use of community service in selected countries around the world. It concludes that community service can be used as a pretrial diversion, as a condition of probation or parole, or as an option to work off a fine by an impoverished offender. Very often, it is itself a stand-alone sentence, but it can also be used in addition to other sentences. Some countries give community service a secure place in the sentencing tariff, whether as retributively oriented "hard end" penalties or as rehabilitative and/or restorative endeavors. Others leave usage, within broad qualification criteria, to the discretion of sentencers.     

Characterization of deletions in the DYS385 flanking region and null alleles associated with AZFc microdeletions in Koreans

Eight DYS385 allele size discrepancies and six DYS448 null types were detected among 708 Korean men when results of three in-house multiplex short tandem repeat (STR) systems were compared. The systems included both ordinary and reduced size amplicons. Sequence analysis revealed deletion mutations at two sites upstream of the DYS385 core repeats and deletion of the entire DYS448 locus. At DYS385, allele size differences were one or two repeats and were dependent on the primer set used for polymerase chain reaction (PCR) amplification. Location of the primer target sequence in a flanking region of the STR, distal or proximal to the deletion, determined allele size. Two widely used commercial kits amplify DYS385 so as to include the mutable sites. Arrangement analysis of sequence tagged sites demonstrated that the deletion patterns at DYS448 (and DYS464) were associated with arrangements of the azoospermia factor c gene (AZFc). The DYS448 deletion appears relatively frequent in Asians.     

Unpacking Autocracy: Political Regimes and IMF Program Participation

Why do some countries participate in IMF programs while others refuse to do so? We suggest an answer to the question by unpacking one side of the typical democracy–autocracy dichotomy. Specifically, we utilize the growing literature on the varieties of authoritarianism to develop an argument linking the different incentives and constraints that leaders in party-based, personalist, and military regimes face when considering whether to sign agreements with the IMF. Empirically, we demonstrate that distinguishing among autocracies uncovers important variations in the sensitivity of such regimes to the political costs incurred by IMF participation. Party-based autocracies, for instance, respond to both sovereignty costs and the benefits of program participation during severe economic crises. Personalist regimes, however, are not sensitive to the sovereignty costs incurred with IMF participation and thus only participate when doing so provides needed revenue during economic crises. The unique features of military juntas, by contrast, suggests that such regimes are not sensitive to either of these political costs and thus do not respond to economic crises in the same way as their autocratic counterparts.     

Campaign‐Style Enforcement and Regulatory Compliance

This article examines the recoupling mechanism of campaign‐style enforcement and its effects on environmental regulatory compliance. Drawing on the policy implementation literature and institutional theory, the authors develop a conceptual model of campaign‐style enforcement in which both resource mobilization and power redistribution are theorized to address decoupling problems in regulatory compliance. The two‐pathway recoupling mechanism is evidenced by an empirical investigation of the implementation of China's energy conservation and emission reduction policy as part of that country's 11th Five‐Year Plan. Findings suggest that campaign‐style enforcement can effectively improve regulatory compliance when it addresses the efficiency/legitimacy conflict by providing policy incentives and reorganizing a clear hierarchy of political authority. The article concludes with a discussion of the strengths and limitations of campaign‐style enforcement.     

Speech, privacy, and the power of the purse: lessons from the abortion "gag rule" case.

In Rust v. Sullivan, 59 U.S.L.W. 4451 (1991), the US Supreme Court ruled that neither the privacy interests of family planning clients nor the 1st Amendment interests of their counselors prevented the government from banning all discussion of abortions in federally funded family planning clinics. In doing so, the Court also reaffirmed its view that the state and federal legislatures have virtually unlimited discretion in limiting or conditioning social welfare programs, a view having even greater long-term implications for American health policy than the implications of Rust for the constitutional protection of abortion. Rust upheld the Department of Health and Human Services' 1988 directive prohibiting the use of any funds from Title X of the Public Health Service Act (authorizing family planning programs) in programs where abortion is a method of family planning. This means that a clinician may lawfully respond to a client's inquiry about abortion only with a denial that abortion is an option. Thus, while allowing women the constitutional protection to chose an abortion, the Court has allowed the legislature to freely use the power of the purse to discourage or prevent the choice of abortion. Rust's greatest impact may well be in its acceptance of the enormous power wielded by the government over funded activities, especially in health policy. Justice Rehnquist believes there is not constitutional right to health, welfare, or any other government benefit; the legislative branches of the government cannot be required by judicial interpretation of the Constitution to provide any particular benefit or service to anyone. Even when the government chooses to fund a particular benefit, it is free to condition that benefit with virtually no judicially enforceable limits on that discretion.     

Experiences of probation supervision in Hong Kong: Listening to the young adult probationers

The aim of this article is to report some of the qualitative findings generated from a recent research on probation in Hong Kong. It explores subjective views and experiences of probation supervision from the young adult offender's point of view. Recently there was an increasing emphasis on probation research and improvement, thereby identifying what works or otherwise in rehabilitating offenders and reducing their re-offending. Nonetheless, the role of offenders was largely neglected as service recipients or ‘customers’ in commenting on the usefulness of a penal measure. Offenders are excluded from being asked for their opinions as citizens. Conversely, this study allowed probationers to talk about their experiences of probation supervision in Hong Kong in semi-structured interviews. Their first-hand accounts indicated that probationers had much to contribute to the evaluation process and their voices should be heard by practitioners and policymakers in order to improve probation practice.     

Exploration of the Community Attitude toward Sex Offender Scale in a Chinese Cultural Context

Chinese culture holds very different beliefs regarding sex offenses, violence against women and punishment against offenders. Little is known however about Chinese attitudes toward sex offenders and sex offending policies. The aim of this study was to validate the Community Attitude toward Sex Offender Scale in the Chinese cultural context. Results from a territory-wide telephone survey in Hong Kong revealed a three factor structure that measures perceptions of sex offenders’ social isolation, deviancy and punitive attitudes toward sex offenders. The scale has been renamed as the simplified Community Attitude toward Sex Offender Scale-Chinese (CATSO-C). Each subscale and the total scale showed acceptable internal reliability. This instrument has implications for future cross-cultural studies as well as professionals that work with sex offenders.     

Environmental management by law in China: The Guangzhou experience∗

Taking enviornmental management in Guangzhou as an example, this article explores the theory and practice of Communist China's idea of “environmental management by law.” Based on the Guangzhou experience, it argues that environmental management by law in China is mainly an administrative system of environmental management which takes law strictly as a tool for efficient and effective environmental protection. This system is operated on the principle of ‘rule by law’, and is the antithesis of the Maoist practice of “rule by person.” Contrary to its Western counterpart, China's environmental management system is built on a state‐centered conception of administrative law instead of a ‘right‐centered’ one which is the core of the ‘rule of law’ tradition.