The processing and disposition of incompetent mentally ill offenders

Pretrial hospitalization of mentally ill offenders has been increasing in recent years and a number of abuses have been noted with respect to competency to stand trial. This is a report on 431 male felony defendants who were found incompetent to stand trial, hospitalized, and returned to court for a final disposition. Approximately one-half of those brought back to the court gained release to the community, with one-half continuing to be held in a hospital or a prison, and with 70% continuing in treatment in one setting or another. Disposition was significantly related to race, criminal history, severity of charges, and the recommendations of mental health professionals. Offenders were found to have spent unnecessarily long periods of time in jail and in the hospital awaiting court processing, raising questions about the fairness and efficiency of current procedures.     

The Children Act 1989: Some implications for management and practice

Conclusion Given that the Government has accepted much of the research evidence as indicative of poor performance of local authorities in making and implementing plans for helping children and families, and of the unwillingness or inability to involve parents and children in identifying needs, it is clear that some authorities will need to engage in a major re-think of policies, procedures and practices. Moreover, the idea of a mixed economy culture may be a difficult pill to swallow but the medicine must be taken. It is evident from the account presented here that much will be gained by authorities undertaking an audit utilising not only the provisions of the Act but also an appreciation of developments which have influenced its form.Whether one agrees with its philosophy or not the Children Act 1989 represents a very clear statement of Government intentions. All concerned with the care and upbringing of children should take it seriously. Paradoxically, while encouraging private ordering, its success in promoting and safeguarding the welfare of children may only be measured through the resolution in court of conflicts between families and public authorities about what constitutes good parenting. That these issues raise ideological and economic questions, particularly about the availability of services, should not divert us from the clear messages in the legislation.General Editor. Principal Lecturer in Law, Liverpool Polytechnic.     

The Present's Historical Task: Kracauer as Reader of Collingwood

Siegfried Kracauer's reading of the work of R.G. Collingwood illuminates the crisis point in the relation between philosophy, history and how the present is thought. In this paper I argue that Kracauer's dismissal of Collingwood illuminates a misunderstanding of the latter's philosophical project, and takes no account of a certain affinity between the two thinkers. Collingwood not only shared Kracauer's view that a philosophically oriented historical investigation of the past might offer some hope for the present, but also had a fuller grasp of the philosophical implications of the ambivalent relation between historical time and the present than Kracauer gave him credit for.     

Beneath the Eagle's Wings? The Political Economy of Northeast Asian Burden-Sharing in Comparative Perspective

Abstract

This paper examines Japanese and South Korean host-nation support (HNS) policies toward American forces deployed in those two countries from a comparative perspective. It finds that both countries provide substantial support for US forces, contrary to the expectations of collective action theory and the assumptions of many international relations theorists about free-riding. Northeast Asian HNS support tends to be both quantitatively substantial and to involve an unusually elaborate range of common support programs, thus constituting a distinctive Northeast Asian model of “burden-sharing.” The specific programs supporting US forces in these two countries were generally designed by local politicians and bureaucrats, with only minimal input from the US, albeit under American pressure. They were implemented in discontinuous fashion, at critical junctures, as during the Gulf War and the first Korean nuclear crisis. These results thus provide useful elaboration of “reactive state” and “critical juncture” interpretations of how East Asian policymaking relates to domestic and international politics.     

State TANF Spending: Predictors of State Tax Effort to Support Welfare Reform

State spending on Temporary Assistance to Needy Families (TANF) greatly varies. Combined federal and state spending by the states per TANF family or recipient reflects the historic level of state generosity for Aid to Families with Dependent Children (AFDC), the failure of the federal government to set any minimum spending standard for the states, and the failure of the federal government to adjust federal grants for huge changes in state TANF caseloads. Our multivariate analysis shows that state spending for TANF is greatly influenced by the percentage of the state population that is black, the percentage of the state population that is on TANF (especially if a significant percentage of the rolls consist of black recipients), and the economic conditions within the state. Some states spend as much as their economies will allow, while other states spend far below capacity. Despite the very different goals of TANF, state spending is still heavily influenced by their historic approach to AFDC.     

Compliance Regimes and Barriers to Behavioral Change

Existing research on compliance failures by individuals and businesses focuses primarily on information and incentive problems. This article develops a comprehensive framework for analyzing barriers to compliance, giving particular attention to resource and autonomy barriers, heterogeneity of the target population, multiple barriers to compliance, and problems that arise when a complex and ongoing set of actions is require to be “in compliance.” How governments react to compliance failures is heavily influenced by the social construction and political power of target populations. The propositions developed in the article are tested against the cases of the Swedish individual account pension system and welfare reform in the United States.