Reasons for death penalty attitudes among Chinese citizens: Retributive or instrumental?

There is strong support for the death penalty in China; the reasons behind the support, however, are unclear. Retribution and the instrumental perspectives are two major reasons for pro-death penalty attitudes in the United States. Two survey-based studies partially examined whether these two perspectives are also the reasons behind pro-death penalty attitudes in China. Those studies, however, were limited to college students. Using a survey data of 108 regular citizens from different areas and occupations, this study found that both instrumental and retributive perspectives are predictors of pro-death penalty attitudes, and that the former is stronger than the latter.     

Excessive Uniformity in Federal Drug Sentencing

The ideal of fair and proportionate punishment was a major impetus for federal sentencing reform. Observers of the current federal drug sentencing regime contend that the sentencing guidelines and mandatory minimums lead to the problem of “excessive uniformity” in which offenders of widely differing culpability receive similar sentences due to the dominance of drug quantity as a sentencing factor. This study investigates this phenomenon using the 1997 Survey of Inmates in Federal Correctional Facilities. Controlling for relevant offense, offender, and case processing variables, the analysis finds that the quantity-driven sentencing fails to account for important differences in offender culpability—resulting in excessively uniform sentences for offenders with highly dissimilar roles in the offense. The main policy implication of this research is that the central, organizing role of drug quantity in federal drug sentencing needs to be rethought. Indeed, effectively dealing with the problem of excessive uniformity will likely require the wholesale restructuring of how federal sentences for drug offenders are determined.

Subjective Proximity to Crime or Social Representations? Explaining Sentencing Attitudes in Switzerland

Lay sentencing attitudes are considered in the light of two theoretical perspectives. The first perspective views sentencing attitudes as parts of broader sets of social representations anchored in one’s position in the social structure. The second perspective explains sentencing attitudes by their subjective experiences of crime. This paper tests both theories by performing a series of multiple regressions on two dimensions of sentencing: punishment goals and severity of punishment. Empirical data comes from a quantitative survey conducted in Switzerland. Findings reveal that indicators of subjective proximity to crime largely account for sentencing attitudes. Nevertheless, social representations of crime measured by causes of crime also have a significant impact on sentencing attitudes. Implications of these findings for sentencing in Western democracies are discussed.     

Crisis Management Europe: An Integrated Regional Research and Training Program

This article describes the Crisis Management (CM) Europe program that seeks to produce scientific knowledge that can be used also in order to train practitioners to cope more effectively with national and regional crises. Initiated in 1997 with a focus on the Baltic Sea area, the program has recently been broadened to cover all of Europe. The program documents and analyzes specific cases of national and regional crises. It relies upon a contextually grounded process tracing strategy for case reconstruction and dissection derived from relevant literatures in political science, psychology, and organizational sociology. To facilitate comparison and cumulation of case findings, a systematic four-step research procedure has been developed. Ten analytical themes of potential interest to both scholars and practitioners are identified as targets for structured focused comparison. More than a hundred cases have been studied by researchers working in research teams based in many European countries. Training tools have been successfully deployed in training practitioners from more than a dozen countries. An ongoing dialogue between academics and practitioners from across the Continent promises to make a contribution toward bridging the gap between these two different communities.     

Constitutional authority and prospects for social justice for high-tension religious communities

By regulating religious practice, the U.S. Constitution's First Amendment challenges the authority of religious communities who may not have adopted American pluralism in favor of their own religious particularism. While the power of the Constitution is manifested in physical modes, its historic symbolic and socially constructed meaning elevates it as a competing transcending authority that challenges religious communities. Often labeled American civil religion, this authority either coerces non-mainstream religious communities to adopt modes of religious expression that mirror those of the dominant culture, or requires them to adopt a strategy for coping with its overwhelming social and political power. The Constitution's mechanism for guaranteeing religious free exercise thus serves as a method to limit religious particularism by coercing limited cultural orthodoxy through legal orthopraxy.Teach the [Constitution's] principles, teach them to your children, speak of them when sitting in your home, speak of them when walking by the way, when lying down and when rising up, write them upon the doorplate of your home and upon your gates. John Quincy AdamsRepeated by former Supreme Court Chief Justice Warren Burger (Franklin, 1987). The passage is a slight alteration of Deuteronomy 6:7–9.     

State Restrictions of Hostile Takeovers

Hostile takeovers have been a distinctive feature of the currentcorporate merger boom. Initial attempts by states to regulatehostile tender offers were found to be unconstitutional. In1987 the U.S. Supreme Court upheld for the first time a statestatute restricting hostile takeovers, and by April 1988 twenty-ninestates had such statutes. While the current focus is on hostileacquisitions, legislation that encourages additional biddersrather than deterring hostile bids is more likely to benefitshareholders.     

Here today, gone tomorrow, back again the next day: Antecedents of correctional absenteeism

Correctional agencies are labor intensive, and many of the posts in a prison cannot be vacated, often leading to mandatory overtime. Despite the high costs and inconvenience associated with absenteeism in prisons, little empirical work was conducted on the antecedents of sick leave use by correctional workers. From self-reported data of workers in federal prisons in 1994, the results of this study indicated that decisions to use sick leave were independent of the culture of the prisons, and that many of the variables found to be associated with sick leave use in other settings also applied to correctional settings. In particular, the authors found that job satisfaction, organizational commitment, job stress, and personal characteristics were associated with the use of sick leave. Surprisingly, tobacco use was not.     

Demythologizing inaccurate perceptions of the insanity defense

Public opinion data show that the most prevalent concern expressed regarding the insanity defense is that it is a loophole through which would-be criminals escape punishment for illegal acts. This article examines the extent to which the public's perceptions of the insanity defense are consistent with newly collected empirical data. Specifically, it compares perceptions of the use, success, and outcomes associated with the insanity defense to data derived from a large-scale study of insanity pleas in eight states. The analysis reveals that the public overestimates the use and success of an insanity defense and underestimates the extent to which insanity acquittees are confined upon acquittal. The role of selective media reporting in the formation of public perceptions is discussed.An earlier version of this paper was presented at the 1992 meetings of the Society for the Study of Social Problems. Special thanks go to John Monahan and Joel Dvoskin for reviewing an earlier draft and to Sharon Steadman for providing editorial comments.