Echoes of Butler? The Conservative Research Department and the Making of Conservative Policy

Although it remains a comparatively little known institution, the Conservative Research Department (CRD) has played an important role in modern British political history. The last few years have seen a remarkable revival in its fortunes. In several important respects, this revival echoes that of the Department under the chairmanship of Rab Butler following the election defeat of 1945. This article examines some of the parallels to be drawn between the experience of the CRD between 1945 and 1951 and between 2001 and the present. It concludes by drawing some general conclusions about how the Conservative party should develop policy when in opposition.     

THE PROSECUTION AND PUNISHMENT OF INTERNATIONAL TERRORISTS IN FEDERAL COURTS: 1980–1998*

Research Summary: This study reports findings from the American Terrorism Study. The data show that from 1980 to 1998, the U.S. government periodically tried accused domestic and international terrorists through the use of traditional criminal trials. The extent to which federal prosecutors “explicit politicized” these trials (and the success that the politicization had) varied among the types of terrorist groups. Explicit politically was not found to be successful in trials of domestic terrorists but seemed to work for trials involving international terrorists. Over the 20‐year period, however, federal prosecutors began to rely more heavily (and more successfully) on the politicization of the criminal acts by international terrorists. The results also show that international terrorists, like their domestic counterparts, are much less likely to plead guilty. Finally, the study shows that these traditional trials have resulted in international terrorists being punished more severely than domestic terrorists. Unfortunately, the practice of performing these politicized trials within the venue of the federal court system may have been compromised by defense strategies that capitalized on the due process procedures so prominent in the U.S. system of justice. In the wake of the terrorism attacks in September 2001 by foreign nationals, the federal government began to take the next step in its “war against terrorism” by instituting the use of military tribunals. Policy Implications: Although the federal government has been relatively successful in the prosecution of terrorism in America in the past two decades, the movement toward the use of military tribunals has perhaps become inevitable (as the use of the traditional criminal trial for international terrorists manifests weaknesses). In the short term, it is likely that several international terrorism cases stemming from the September 2001 attacks and other subsequent attacks (which may be presumed) will be tried in federal courthouses across the country (even with the advent of military tribunals). Federal prosecutors will need to be trained on the specifics of trying these kinds of cases. In the long term, the use of military tribunals will provide greater ease of prosecution for the federal government. Long‐term consequences such as retaliatory attacks and attacks aimed at the release of political prisoners cannot be ignored by policy makers.     

Reclaiming Futures: A Model for Judicial Leadership in Community Responses to Juvenile Substance Abuse

Juvenile courts across the country have become the leading service delivery system for youths with substance abuse problems, not by choice, but by necessity. At 10 communities around the nation, judges and project staff are in their fifth year of pioneering changes to the way the juvenile justice system helps teens in trouble with drugs, alcohol, and crime. These judges are part of Reclaiming Futures, an initiative of the Robert Wood Johnson Foundation, and they are working with local leaders to re‐invent the way law enforcement, courts, probation, detention facilities, treatment providers, families, schools, and the community work together to help troubled youths succeed. Together, they have written a guide for judges, court administrators, government entities, community leaders, and interested citizens to share the knowledge and experience they have gained from the nationwide Reclaiming Futures initiative. Their goal is to encourage and motivate others to launch similar projects in their communities, and to provide a blueprint for judges and others striving to undertake this level of collaboration.     

PUNISHING POLITICAL OFFENDERS: THE EFFECT OF POLITICAL MOTIVE ON FEDERAL SENTENCING DECISIONS*

Although political motive is frequently avoided as an issue in the prosecution of terrorists, previous research indicates that these offenders consistently receive longer sentences than nonterrorists convicted of similar offenses (Smith, 1994). This study assesses the ability of three theoretical models (consensus, conflict, and structural-contextual) to explain these differences in sentencing patterns. Data on terrorists (N = 95), provided by the Federal Bureau of Investigation, the Administrative Office of the U.S. Courts, and the U.S. Sentencing Commission, is matched with data on a sample of similarly convicted nonterrorists from the Federal Court Cases Integrated Data Base, 1970-1991 (N = 403). Controlling for a number of demographic and sentencing-related variables, the results indicate that the official label of “terrorist” is not only a significant predictor of sentence length, but emerges as the dominant explanatory variable in the analysis. The results provide general support for both consensus and conflict hypotheses, but only partial support for structural-contextual theory. The findings also raise procedural questions regarding the extensive variation in sentencing between similarly situated defendants when political motive is used as a primary criterion for sentence enhancements.     

Aftercare Reality and Reform

Aftercare is widely acknowledged to be a weak link in the juvenile justice continuum. This report describes Pennsylvania's recent efforts to envision and articulate a comprehensive aftercare system, to assess current local variations in aftercare practice in light of that vision, and to bring about the state‐ and county‐level reforms that will make comprehensive aftercare a reality statewide.     

SCHOOL FAILURE AND DELINQUENCY Which Causes Which?

An extensive literature has developed on the relationship between school failure and adolescent misconduct. Almost all of this literature has assumed that school failure is causally prior to adolescent misconduct. but little systematic attention has been devoted to the critical issue of causal order. of misconduct is causally prior to school failure, most of the recent work on the school-delinquency linkage would have to be rejected. Given a workable definition of “delinquency” or “misconduct.” the causal order issue can be empirically assessed. Evidence from cross-sectional and longitudinal studies provides at least tentative support for the proposition that school failure precedes misconduct in the causal process.     

RECIDIVISM AMONG PAROLED PROPERTY OFFENDERS RELEASED DURING A PERIOD OF PRISON REFORM*

Data from four successive yearly cohorts and one special early release cohort of parolees are used to explore the question of whether rapid statewide changes in the administration of criminal justice affected the patterns of recidivism among persons on parole for property offenses. Given the earlier broadly constructed research reported by Ekland–Olson et al. (1993), and their conclusion that variation in shifting policies would have different effects on different types of offenses, we decided to sharpen the focus of the research questions posed by concentrating on recidivism patterns among property offenders. Three alternative explanations—compositional effects, administrative discretion, and deterrence—are explored to interpret the differences found across cohorts While suggestive, these alternative explanations remain open to question given the limitations inherent in quasi-experimental research. Conclusions related to issues of prison construction policy suggest that more attention be paid to the “replacement factor,” whereby “vacancies” left by incarcerated offenders are rapidly filled by others. If future research supports the rapid replacement hypothesis, increased levels of incarceration will yield a larger, more experienced criminal “work force” and ironically a heightened collective potential for crime.