Just punishments: Guideline sentences and normative consensus

The federal sentencing guidelines prescribe ranges of sentences to be given to persons convicted of felonies in the federal criminal courts. The U.S. Sentencing Commission wrote the guidelines attempting to make sentences conform to community views of appropriate punishments, along with several other criteria. Employing data from a 1994 national sample of adult Americans, designed as a factorial survey, the degree of correspondence is shown between guidelines sentences and those desired by the American public. Although at the individual level only a modest degree of concordance was found, the central tendencies of public opinion (median sentences) were found to correspond quite closely to the guidelines sentences. The major points of disagreement centered around drug trafficking crimes: the guidelines prescribed very long sentences for those crimes and distinguished sharply among trafficking in heroin, powder cocaine, and crack, whereas median sentences desired by the public were much lower and did not distinguish sharply among trafficking in those drugs. We interpret the findings as indicating that the guidelines sentences conform reasonably closely to American normative consensus concerning the sentencing of federal felons.The research reported in this article was commissioned by the U.S. Sentencing Commission. The views expressed in this article are not necessarily endorsed by the Commission. Full expositions of the findings from the national survey used are given by Rossi and Berk (1995, 1997).     

Tackling the Big Questions in Social Impact Bond Research through Comparative Approaches

Abstract

This special issue of theJournal of Comparative Policy Analysis brings together four cross-disciplinary articles representing the first concerted attempt to combine comparative approaches to extend theoretical and empirical understandings of Social Impact Bonds (SIBs). SIBs are investment-backed payment-by-results projects and have been subject to vigorous academic debate on their appropriateness and efficacy since the first SIB launched in 2010. This introduction to the special issue outlines the state of the academic literature on SIBs, identifying gaps and suggesting five big questions that do not yet have satisfactory answers: (1) What are the administrative or political problems to which SIBs respond? (2) Where and why do SIBs emerge in particular contexts? (3) What is the role of SIBs in the evidence-based policy movement? (4) Is delivering an intervention through a SIB more effective than other means and are associated costs justifiable? (5) Do SIBs catalyse wider organizational, system, or institutional changes? This introduction then summarizes the articles included in this special issue, discusses how they respond to these big questions, and suggests that further comparative research might best address remaining gaps in the literature.     

The Restricting Claims Principle Revisited: Grounding the Means Principle on the Agent–Patient Divide

In an earlier article, I introduced the “restricting claims principle” (RCP) to explain what is right about the means principle: the idea that it is harder to justify causing or allowing someone to suffer harm if using him as a means than if causing or allowing harm as a side effect. The RCP appeals to the idea that claims not to be harmed as a side effect push to restrict an agent from doing what she would otherwise be free to do for herself or others, given an appropriate account of her baseline freedom. Claims not to be harmed as a means are not in that way ‘‘restricting.’’ The original RCP relied on a counterfactual account of the agent’s baseline freedom: What could the agent permissibly do if the patient were not present? I argue here that that counterfactual baseline fails. The revised RCP relies instead on a ‘‘toolkit baseline’’: Do the patient claims concern the property the agent needs to use? This toolkit baseline reflects the different ways that agents relate to others: as fellow agents with whom they divide up the resources of the world, and as patients who might be affected by their actions. The toolkit baseline, resting on this agent-patient divide, provides a superior account of an agent’s baseline freedom, and a better account of the moral ground for the means principle     

The European Court, National Judges, and Legal Integration: A Researcher's Guide to the Data Set on Preliminary References in EC Law, 1958--98

We hope to stimulate more systematic research on all areas of legal integration by making available for free and open use a comprehensive data base on preliminary references in EC law. The Data Set, which has been under construction since 1996, is now online at various websites. The data are not publicly accessible elsewhere. In this article, we provide a brief summary of the data base and its potential uses. We begin by introducing the main features of the Data Set. We then discuss some of the dynamics of legal integration in light of our analyses of the data.     

Garden of Eden? The impact of resettlement on squatters' ‘agri-hoods’ in Fiji

Since the mid 1990s, squatter settlements in Fiji have been expanding at a phenomenal rate, largely due to the non-renewal of agricultural land leases and inadequate urban governance. In response to squatter growth, the government of Fiji has implemented a squatter-resettlement scheme. This scheme threatens the livelihoods of squatters engaged in urban agriculture, or ‘farming squatters’. In this article, interviews with key informants and squatter residents will reveal contrasting attitudes and approaches to the issue of ‘farming squatters’. The article suggests a more participatory process to address the needs of ‘farming squatters’.     

Score based procedures for the calculation of forensic likelihood ratios – Scores should take account of both similarity and typicality

Score based procedures for the calculation of forensic likelihood ratios are popular across different branches of forensic science. They have two stages, first a function or model which takes measured features from known-source and questioned-source pairs as input and calculates scores as output, then a subsequent model which converts scores to likelihood ratios. We demonstrate that scores which are purely measures of similarity are not appropriate for calculating forensically interpretable likelihood ratios. In addition to taking account of similarity between the questioned-origin specimen and the known-origin sample, scores must also take account of the typicality of the questioned-origin specimen with respect to a sample of the relevant population specified by the defence hypothesis. We use Monte Carlo simulations to compare the output of three score based procedures with reference likelihood ratio values calculated directly from the fully specified Monte Carlo distributions. The three types of scores compared are: 1. non-anchored similarity-only scores; 2. non-anchored similarity and typicality scores; and 3. known-source anchored same-origin scores and questioned-source anchored different-origin scores. We also make a comparison with the performance of a procedure using a dichotomous “match”/“non-match” similarity score, and compare the performance of 1 and 2 on real data.     

Book review

Anthony Arnold, Afghanistan: The Soviet Invasion in Perspective. Stanford, California: Hoover Institution Press, 1981. 126 pp. $9.95.

Michael Radu (ed.), Eastern Europe and the Third World. Eastbourne: Holt‐Saunders Ltd., 1981. 358 pp. £21.75.

E. J. Feuchtwanger and Peter Nailor (eds.), The Soviet Union and The Third World. London: Macmillan Press, 1981. 229 pp. £20.00

Wladyslaw Bienkowski, Theory and reality: the development of social systems. London & New York: Allison & Busby, 1981. 303 pp. £5.95.

Allen S. Whiting, Siberian Development and East Asia: Threat or Promise? Stanford: University Press, 1981. xv + 276 pp. $22.50.

Christopher D. Jones, Soviet Influence in Eastern Europe: Political Autonomy and the Warsaw Pact. Praeger, 1981. 322 pp. $29.95 cloth, $10.95 paperback.

Stephen Kaplan, Diplomacy of Power. Washington: Brookings Institution, 1981. 733 pp. $9.50 paper, $19.95 cloth.

Derek Leebaert (ed.), Soviet Military Thinking. London: George Allen and Unwin, 1981. xii + 300 pp. £14.50 hardback, £6.95 paperback.

J. Brine, M. Perry and Andrew Sutton (eds.), Home, School and Leisure in the Soviet Union. London: George Allen & Unwin, 1980. xiv + 279 pp. £15.00.

Manfred Melzer, Anlagevermögen, Produktion und Beschäftigung der Industrie im Gebiet der DDR von 1936 bis 1978, sowie Schätzung des künftigen Ange‐botspotentials. Berlin: Duncker & Humblot, 1980. 250 pp.

Ilmari Susiluoto, The origins and development of systems thinking in the Soviet Union. Helsinki: Suomalainen Tiedeakatemia, 1982. 210 pp.

Michael Waller, Democratic Centralism, an Historical Commentary. Manchester: Manchester University Press, 1981. 155 pp. £14.50.     

Reviews

Ference Feher, Agnes Heller and Gyorgy Markus, Dictatorship Over Needs, Oxford: Basil Blackwell, 1983, xiii+312 pp. £22.50.

Pierre Kende and Zdenek Strmiska, (Eds.) Egalités et inégalités en Europe de l’ Est, Presses de la Fondation Nationale des Sciences Politiques, Paris, 1984.

Lewis H. Siegelbaum, The Politics of Industrial Mobilisation in Russia, 1914–17: A Study of the War‐Industries Committees, London, Macmillan (in association with St. Antony's College, Oxford), 1983, xix + 312 pp. £25.00

William J. Conyngham, The Modernization of Soviet Industrial Management, Cambridge University Press, 1982, pp. 332 + ix. £19–50.

Caroline Humphrey, Karl Marx Collective: Economy, society and religion in a Siberian collective farm. Cambridge, Melbourne, Sydney: Cambridge University Press, 1983. xviii + 522 pp. £30–00 (£10–95 paperback).

Victor Zaslavsky and Robert J. Brym, Soviet Jewish Emigration and Soviet Nationality Policy, London, Macmillan, 1984, vii + 185 pp. £20.00.

James E. Mace, Communism and the Dilemmas of National Liberation: National Communism in Soviet Ukraine 1918–1933, Harvard University Press for the Harvard Ukrainian Research Institute and the Ukrainian Academy of Arts and Sciences in the U.S., Cambridge, Mass. 1983. xiv + 334 pp. $21.50.

Kalman Rupp, Entrepreneurs in Red, State University of New York Press, Albany, N.Y., 1983. 260 + xvii pp. £37.60 (hardback) £14.25 (paperback).

Cole Blasier, The Giant's Rival: the USSR and Latin America. Pittsburgh: University of Pittsburgh Press, 1983, xvi + 213 pp. $7.95 (paperback).