THE "COOLING OUT" OF LAW STUDENTS: Facilitating Market Cooptation of Future Lawyers

This article is concerned with the ways the law school experience eases entry into a stratified market thereby further compromising adversariness in the American legal process. It identifies some dimensions of legal education, broadly construed, which tend to acclimatize some students to existing realities of the job market. Interpreting interview data gathered from first-year students at the University of Wisconsin—Madison Law School, it suggests that socialization to a professional identity can resemble "cooling out" in the ways it reconciles some to accept any employment in lieu of seeking employment more in tune with their personal goals. Such acclimatization thwarts adversariness because, in accepting the dictates of a stratified market, these lawyers are channeled to serve some interests and people to the disadvantage of others.     

THE TIMING OF COURT PROCESSING: TOWARDS LINKING THEORY AND METHOD*

The time required for a case to traverse the criminal justice system is of central importance to participants. Time translates into issues of efficiency and is likely to be closely related to the cost of a case. The role of time has, however, largely been ignored in studies of court processing, though it has a history in the sociology of law. This research uses event-history data from California to model the effects of offense, offender, and processing factors on the time it takes to move a case from entrance into the system at arrest to disposition by guilty plea or trial. A model that mirrors the dynamics of case processing is used to assess the dependencies of inertial forces on case and defendant characteristics This focus on the processing time to each of the potential outcomes allows for the linking of theories and methods of processing.     

Punishment and Justice in Adam Smith*

Abstract. The modern interpretation of Smith as a retributive theorist of punishment is challenged in favour of a view of his work as containing a curious amalgam of retributive and utilitarian elements. This unsynthesised theoretical compound accounts for many of the contradictory positions assumed by him, examples of which are given in the article. At the level of “punishment” (i.e., punishment considered without a political dimension), the retributivehtilitarian dichotomy is observed in his discussions of merit and demerit (which are utilitarian in their logic) and propriety and impropriety (which are retributive). At the level of state punishment, the same dichotomy is seen in his juxtaposition of considerations of individual justice and the political ends of punishment. A final section locates Smith's “double cleft stick” theoretically in his position on the one hand in the Hobbesian materialist tradition and on the other in his historical stance half-way between the individualism of the contractarians and the full blown utilitarianism of Bentham.     

THE MANAGEMENT OF VIOLENCE BY POLICE PATROL OFFICERS*

This study examines the dynamics of potentially violent encounters between police and public. It is based on systematic observation of about 350 eight-hour tours of duty by patrol officers in three precincts of New York City during the summer of 1986. It compares the tactics and resulting outcomes found in encounters handled, respectively, by patrol officers believed by their peers to be especially skilled at minimizing violence and a cross section of all other patrol officers. Its major conclusions are (1) violence, even verbal aggression, is relatively rare in police work: (2) most conflict is dampened by the arrival of the police, leaving little scope for the use of defusing tactics: and (3) the behavior of officers judged by colleagues to be skilled in minimizing violence is measurably different from the behavior of “average” patrol officers, and in ways that suggest that colleagues may be good judges of on-street performance.     

A Commentary on Victimization Research and the Importance of Meaning Structures

This article examines the largely atheoretical tradition of victimization research and some of the unintended consequences of work in the area. In using a legalistic definition of crime, victimization research has failed to incorporate the public's definition of crime and victimization. While “street” and property crime have a decided impact upon people's lives, the consequences of real or alleged corporate and political crimes also affect people's concep-tions of their lives. The authors outline the beginnings of a theoretically apposite reinterpretation of perceptual victimlogy findings and related methodological concerns, and suggest ways that social scientists can become actively involved in the debunk-ing of the “crime wave” mentality perpetuated through the media by providing alternate interpretations of crime statistics.     

THE POTENTIAL FOR CRIME OVERREPORTING IN CRIMINAL VICTIMIZATION SURVEYS

A critique is offered of’ the methodology of the criminal victimization survey and several sources of error that may result in artificially inflated crime rates based on such data are identified. It is argued that much information about crimes given by respondents may be incorrect due to misunderstandings about what transpired, ignorance about legal definitions, memory failures about when crimes occurred, and outright prefabrication. Organizational imperatives that may cause interviewers and coders to skew the data toward a showing of greater criminality are analyzed. Some ideas for measuring response error more precisely are presented.