Babble: A Theater in Justice and Discourse

The world studied by empirical criminal justice research is babble—a congeries of voices whose meanings represent many normative worlds. Our research designs provide a frame for the babble, and our statistics codify and simplify it. We provide analytic portraits of it and, using the substantive language of crime control, give those portraits meaning. Yet, those meanings are located in a crime control discourse that de-legitimizes and destroys those normative worlds. This paper, an interpretive montage, is a collection of fractured narratives assembled to show that interpretation has something to offer the way we think about knowledge production in the field of criminal justice. It is also a cautionary tale to students in criminal justice, to remember that our scientific abstractions are an abstraction from the underlying realities of human life, not a “deeper” or in some way more real understanding. Our aim is to move the babble—the humanity from which the voices emerge—back into the foreground of justice research.

---

The Complexity of Public Attitudes Toward Sex Crimes

Previous research suggests that public opinion about crime is nuanced, as it has been found to vary greatly depending upon the type of questions asked and the amount of information provided. Few have similarly examined the complexity of public attitudes specifically about sex crimes. A survey was administered to a sample of U.S. residents utilizing the factorial survey method. The results suggest that specific details about the offense, offender, and victim had a significant effect on perceptions. The findings point to discrepancies between policy and public opinion, as well as to the importance of educating the public about the realities of sexual offending and victimization.     

On Combat Effectiveness in the Infantry Platoon: Beyond the Primary Group Thesis

Since 2001, Western troops have been heavily engaged in combat in Iraq and Afghanistan raising once again the long-standing question of why small groups of soldiers are willing and able to fight together. Drawing on evidence from recent campaigns, and specifically focusing on American and British forces, this paper examines why small Western units have generally been effective in combat. Against the primary group thesis, originally proposed by Morris Janowitz and Edward Shils in 1948, the article claims that training and battle drills, not interpersonal relations, are the primary factor in generating performance on the battlefield. Moreover, high levels of training alters the relations between soldiers, giving rise to a core group which generates distinctive patterns of motivation.     

Rational Choice and Community Power Structures1

The community power debate concluded with each side believing they had won. Political theorists have generalized power, making empirical investigation very difficult; urban scholars have turned their attention to more manageable empirical problems. Rational choice advances the debate, exposing the errors of all sides and facilitating a new approach which transcends structural versus individualist methods. By separating various aspects of power in urban contexts, complementary techniques such as network analysis in a bargaining framework, semi-structured interviewing and the use of text databases permits a comprehensive investigation of agenda-setting and the mobilization of bias. The paper demonstrates the utility of this approach by comparing it to 'regime theory', the latest paradigm of urban research.     

Nietzsche on Autonomy and Morality: the Challenge to Political Theory

Nietzsche's challenge to political theory can be located in his claim that autonomy and morality are mutually exclusive. In this paper an examination of Kant's attempt to ground a notion of autonomy through constructing a metaphysic of morals is followed by a consideration of Nietzsche's understanding of autonomy in terms of a notion of supra-moral sovereign individuality. A genealogy of morals represents an attempt to historicize the key notions of moral and political theory. Nietzsche's aristocratic conception of sovereign individuality is seen in terms of the value-basis on which sovereign individuals are to construct a common ethical and political identity and enter into social relationships. Foucaultian and feminist attempts to construct an ethics and politics of difference and a recent attempt to construct a post-modern conception of agency based on a synthesis of Nietzsche's philosophy of power and Kant's ethics are examined.     

Supreme Court Appointments as a Move-the-Median Game

A three-stage model isolates conditions under which an executive appointment to a collective choice body, such as a court or a regulatory agency, has an immediate bearing on policy. The model strikes a balance between previous formal models that predict either excessive gridlock or excessive policy responsiveness as a consequence of the politics of appointments. I test the model using approximately four decades of data on U.S. Supreme Court appointments. Two hypotheses summarize the unique predictions of the model and are strongly corroborated. A third, less distinctive hypothesis about strategic judicial retirements is weakly supported .     

Identification and isolation of male cells using fluorescence in situ hybridisation and laser microdissection, for use in the investigation of sexual assault

In cases of sexual assault involving an azoospermic assailant, vaginal swabs taken from the victim may fail to provide an autosomal DNA profile with which to search a suspect database, as the signal from any male cells present would be masked by that from the overwhelming number of female cells collected on the swab. Here, we describe a method of visually identifying diploid male cells in such samples using fluorescence in situ hybridisation, and selectively harvesting them by means of laser microdissection. This combination of techniques was tested on 26 post-coital vaginal swabs taken at a range of times after intercourse; the collected cells were then subjected to a simple lysis procedure and DNA was amplified using the AmpFlSTR^® SGMPlus^® multiplex under low copy number conditions. Useful DNA profiles were generated from samples taken up to 24 h after intercourse.     

Deliberation, Legitimacy, and Multilateral Democracy

Is deliberation essential to legitimate democratic governance? Deliberation may have epistemic value, improving the quality of information and arguments. Deliberation may be transformative, shaping beliefs and opinions. Or deliberation may be part of a conception of justice that constrains authority, by requiring that procedures be justified in terms of reasons acceptable to those burdened by authoritative decisions. Although appealing, the epistemic and transformative arguments are limited by the scale and complexity of many problems for which democratic solutions are sought. But the reason–giving argument is persuasive whenever collective decisions allow burdens to be imposed on others.