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.     

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.     

马克思社会发展思想与现代化思想的理论分野

马克思社会发展思想与现代化思想是当今时代我们用来衡量社会进步的两个重要理论维度,两者之间有着极为紧密的理论关联;但严格意义上来讲,社会发展与现代化是两个不同的理论概念,有着不同的运动规律及发展趋势,它们之间不是简单的包含与被包含的关系,也不是并列关系,而是一种交叉关系.中国共产党在社会主义现代化建设实践过程中,在处理这两者关系的问题上,有过成功的经验,也有着极为惨痛的失败教训.     

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.     

Anti-triad legislations in Hong Kong: issues, problems and development

One way to tackle triad societies is through effective legislation. The present article first describes and reviews the legislation dealing with triad activities in Hong Kong – The Societies Ordinance – and highlights the main issues and problems. Four issues are discussed, namely ambiguity in the definition of triad membership, doubtful neutrality of triad experts, outdated triad-related literature cited in the court, and the contradiction with human rights and freedom of expression. The article further examines the effect of the ordinance in suppressing triad activities and argues that the law is not very effective in penalizing senior triad members, thus justifying the need for a new legislation to contain the growth of triad activities and organized crime.     

STRENGTHENING THE REGRESSION DISCONTINUITY DESIGN USING ADDITIONAL DESIGN ELEMENTS: A WITHIN‐STUDY COMPARISON

The sharp regression discontinuity design (RDD) has three key weaknesses compared to the randomized clinical trial (RCT). It has lower statistical power, it is more dependent on statistical modeling assumptions, and its treatment effect estimates are limited to the narrow subpopulation of cases immediately around the cutoff, which is rarely of direct scientific or policy interest. This paper examines how adding an untreated comparison to the basic RDD structure can mitigate these three problems. In the example we present, pretest observations on the posttest outcome measure are used to form a comparison RDD function. To assess its performance as a supplement to the basic RDD, we designed a within‐study comparison that compares causal estimates and their standard errors for (1) the basic posttest‐only RDD, (2) a pretest‐supplemented RDD, and (3) an RCT chosen to serve as the causal benchmark. The two RDD designs are constructed from the RCT, and all analyses are replicated with three different assignment cutoffs in three American states. The results show that adding the pretest makes functional form assumptions more transparent. It also produces causal estimates that are more precise than in the posttest‐only RDD, but that are nonetheless larger than in the RCT. Neither RDD version shows much bias at the cutoff, and the pretest‐supplemented RDD produces causal effects in the region beyond the cutoff that are very similar to the RCT estimates for that same region. Thus, the pretest‐supplemented RDD improves on the standard RDD in multiple ways that bring causal estimates and their standard errors closer to those of an RCT, not just at the cutoff, but also away from it.