THE IMPACT OF STATE MENTAL HOSPITAL DEINSTITUTIONALIZATION ON COMMITMENTS FOR INCOMPETENCY TO STAND TRIAL*

Previous studies have reported that state mental hospital deinstitutional-ization has resulted in the criminalization of the mentally ill. Utilizing two samples of defendants found incompetent to stand trial (IST) pre- and post-deinstitutionalization, selected from three states, this study examines the correlation between the rate of deinstitutionalization and increases in the frequency of incompetency commitments, as well as changes in the characteristics of incompetent defendants. These data suggest that increases in IST commitments and the mental health histories of the post-deinstitutional cohort are positively related to deinstitutionalization. Contrary to the criminalization hypothesis, there is no evidence that incompetent defendants are now being arrested for less serious offenses.     

HOW POLICY NETWORKS CAN DAMAGE DEMOCRATIC HEALTH: A CASE STUDY IN THE GOVERNMENT OF GOVERNANCE

This article examines a detailed case study of implementation networks in England using the example of the relocation of the Norfolk and Norwich hospital, which became a flagship PFI project for the Labour government after 1997. The case study illustrates the workings of the new order of multi‐layered governance with both local and national networks from different policy areas interacting. However, it also sheds light on the governance debate and illustrates how in the world of new public management, powerful actors, or policy entrepreneurs, with their own agenda, still have the facility, by exercising power and authority, to shape and determine the policy outputs through implementation networks. It is argued that, whereas policy networks are normally portrayed as enriching and promoting pluralist democratic processes, implementation networks in multi‐layered government can also undermine democratic accountability. Four aspects here are pertinent: (1) the degree of central government power; (2) local elite domination; (3) the fragmentation of responsibility; and (4) the dynamics of decision making which facilitates the work of policy entrepreneurs. All these factors illustrate the importance of ‘the government of governance’ in the British state.     

Darker Legacies of Law in Europe. The Shadow of National Socialism and Fascism over Europe and Its Legal Traditions

Eds. Christian Joerges and Navraj Singh Ghaleigh. With a Prologue by Michael Stolleis and an Epilogue by Joseph H. H. Weiler. Oxford: Hart. 2003. Pp. 416.     

RACIAL THREAT,CONCENTRATED DISADVANTAGE AND SOCIAL CONTROL: CONSIDERING THE MACRO‐LEVEL SOURCES OF VARIATION IN ARRESTS*

Several studies have examined the relationship between racial threat (measured by the size of black population) and social control imposed on blacks, but evidence of this hypothesis has been mixed. Although dependency on percent black as the main indicator of racial threat in many studies has contributed to the inconsistency in findings, we argue that this literature has also neglected to consider other important conceptual and methodological issues. Using 2000 census and arrest data, we estimate the impact of multiple measures of racial economic threat, such as the size of the black population, racial inequality and black immigration patterns on black arrest rates. Furthermore, by integrating racial competition and race‐relations arguments, we examine how the concentration of black disadvantage may temper the extent to which blacks pose a threat to white interests. Our findings reveal important and conceptually distinct relationships between racial threat, concentrated disadvantage and the use of social control against blacks, particularly when compared to white arrests.