DIFFERENCES BETWEEN GANG AND NONGANG HOMICIDES*

Does gang-related homicide direr sufficiently from nongang homicide to warrant specialized law enforcement response? Both cross-tabular and discriminant analyses of data from over 700 homicide investigation files reveal substantial differences in ethnicity, age, number of participants, and relationship between participants. Gang homicides are also more likely to involve public areas, automobiles, firearms, and, in one jurisdiction, associated offenses and injury to other victims. Gang incidents present unique problems to investigators, who may well benefit from specialized skills of experienced gang experts.     

What are Tort Awards Really Like? The Untold Story from the State Courts*

The popular press frequently reports exorbitant money damage awards by juries. These stories cause paroxysms in the business community because juries are viewed as favoring plaintiffs over corporations. A growing body of literature has examined aspects of this complex issue, but within a limited framework. Prior studies, which are based on data from the early 1980s or before, tend to focus on federal court cases, primarily product liability and medical malpractice torts, only jury verdicts, and single jurisdictions when state courts are included. The objective of this article is to contribute to the literature by examining all tort cases reaching either a bench or a jury trial verdict during a sample period in 1989 in twenty-seven general jurisdiction trial courts. Research is organized around three basic questions. What do torts look like? Do particular types of plaintiffs/defendants gain a higher percent of favorable verdicts? When plaintiffs are awarded money damages, what is the importance of litigant status, while controlling for other factors, in influencing the size of the awards? The article begins by describing the landscape of torts - the typical configurations of the contending litigants, the composition of torts by area of law, the types of trials, verdict patterns, and the average size of awards. Basic contours of the landscape reflect the elemental facts that individuals generally are plaintiffs in these cases and the opposite tendency of corporations, insurance companies, and governments to appear as defendants. Next a model is outlined and tested to determine how strongly different possible determinants shape the size of tort awards in the twenty-seven state trial courts. Does the size of the award depend on the configuration of the parties after taking into account the type of tort, the type of trial, the length of disposition time, and the state in which the court is located? The results indicate that the group of variables representing the various pairing of litigants accounts for most of the explained variation in award size. These findings support the notion that the status of the litigants is an important factor in influencing awards. Because the variables representing some of the individual states are also significant, the evidence also suggests no single, uniform pattern applies across all the courts. Instead, the state context shapes the basic parameters of plaintiff and defendant success.     

THE IMPACT OF POLICE INVESTIGATIONS ON POLICE-REPORTED RATES OF GANG AND NONGANG HOMICIDES*

This paper is concerned with the utility of police-reported rates of gang violence, particularly important in an era which stresses officially determined rates of violence. The basic question is whether police investigation procedures have a major impact on the police designations of homicides as gang related, a question of causal order answerable only by the triangulation provided by multiple forms of data analysis. With minor qualification, the results suggest that“gang” designations of homicides reject characteristics of the incident settings and participants, that intrusion of investigative processes on reported gang versus nongang homicide rates was minimal, and that gang homicide rates reported by these departments could be used as reasonable criteria for evaluating program impact.     

Recalling the Fall of the Berlin Wall

Twenty years after the fall of the Berlin Wall and the triumphant celebrations of the West, a new chapter of history has opened featuring the rising powers of Asia, led by China. Though embracing free markets, China has looked to its Confucian traditions instead of liberal democracy as the best route to good governance. Will China manage to achieve high growth and a harmonious society through a strong state and long‐range planning that puts messy Western democracy and its short‐term mindset to shame? Or, in the end, will the weak rule of law and absence of political accountability in a one‐party state undermine its promise? Francis Fukuyama and Kishore Mahbubani, the Singaporean thinker who has become the apostle of non‐Western modernity, debate these issues. In this section we also republish a collective memoir by George H.W. Bush, Mikhail Gorbachev, Margaret Thatcher and François Mitterrand, recalling their fears and hopes two decades ago as they brought the Cold War to an end.