Three Strikes Legislation and Sentencing Commission Objectives

Between 1993 and 1997, state legislatures across the country passed legislation popularly known as "three strikes and you're out" laws. These laws appeared at a time when sentencing commissions existed in many states, and the commissions were involved in the legislative debates leading to the votes on three strikes laws. Thus, the passage of three strikes laws can shed light on one type of interaction between sentencing commissions and legislatures. This article posits a variety of objectives for sentencing commissions during three strikes debates, each a response to the recurring "pathologies" that appear when legislative, judicial, and executive branch officials create sentencing policy. A survey of states that have passed three strikes laws indicates that sentencing commissions have not made any systematic difference in the legislative debates on these statutes. Commissions have little reason to oppose these laws absolutely, and could lose political credibility by doing so. Commissions have incentives instead to argue for limiting the scope of these statutes. Where commissions have been involved in the debates about habitual felon legislation, they have emphasized limits on judicial discretion, focused on the quality of legislative deliberations rather than on legislative outcomes, and devoted little attention to prosecutorial charging decisions.     

Inca, Sailor, Soldier, King: Gregor MacGregor and the Early Nineteenth‐Century Caribbean

This article examines the recruiting practices, political propositions and changing identities of the Scottish adventurer Gregor MacGregor in the early nineteenth‐century Caribbean. Based on original archival research and revision of the existing secondary literature, it seeks to understand why he has consistently been judged as a failure, and why neither Scotland nor any of the countries MacGregor worked in have wanted to claim him as their own hero. After an introduction providing biographical details and some historical context for the Caribbean in the period 1811–1830, the article looks in detail at what have been seen to be his successes and failures in the Caribbean region. It asks to what extent questions of ethnicity or masculinity have affected the way contemporaries and historians viewed MacGregor and his actions. In conclusion, it suggests that although he was a soldier and a sailor, and he was declared both an Inca and a King, his career was deemed a failure by both contemporaries and historians in Scotland, South America and the Caribbean. The main explanation for this negative assessment is that his ambitions continually fell foul of the interests of various Caribbean elites and of the distinctive historical circumstances of the region.¹     

Reproducing a Fit Citizenry: Dependency, Eugenics, and the Law of Marriage in the United States, 1860-1920

Between the Gilded Age and the Progressive Era, American state legislatures enacted a series of new laws that delineated a class of citizens who were deemed ineligible to participate in the institution of marriage. Scholars have characterized this development as evidence that lawmakers had lost faith in a laissez-faire approach to nuptial governance, and thus transformed marriage into an object of public regulation. This essay argues that behind the ostensible nuptial privatism of the mid-nineteenth century lay a self-conscious policy of judicial governance. Judges invoked the language of nuptial privacy and the common law of contract strategically to advance their vision of moral and economic discipline. The new marital prohibitions thus represented, the essay argues, not the expansion of the state's police power into the previously private realm of domestic relations, but rather a critical transformation in how nuptial reformers and lawmakers understood the relationship between marriage and the well-being of the polity.
Fueled by growing concerns about pauperism, the racial character of the urban proletariat, and the collapse of the economically independent single-male-breadwinner household, the changing form of nuptial governance signaled a thoroughgoing intellectual and strategic reorientation from an understanding of marriage as forming economically and morally viable households – the fundamental units of society – to an understanding of marriage as a largely procreative institution, as the literal source of the citizenry. This reconceptualization of marriage underwrote a strategy of nuptial governance that mobilized marriage as a strategy in the state's regulation of social reproduction.     

Operationalising bottom-up learning in international NGOs: Barriers and alternatives

This article proposes bottom-up learning as a normative framework for international NGOs. It explores the common but often unacknowledged disparity between organisational values and mission versus actual practice. The first section of the paper raises the question of organisational learning disorders followed by an exploration of learning organisations and bottom-up learning in particular. A section briefly summarising positive developments in the field is followed by discussions of organisational barriers and possible mitigation techniques. The paper closes with a challenge for international NGOs to take a closer look at their learning capabilities with a view to improving service to communities in need.     

Connecting models of the individual and policy change processes: a research agenda

Policy Sciences - This article proposes that closer attention to models of the individual provides substantial theoretical and empirical leverage to policy studies scholars. Capturing the nuances...     

The INSPIRE Framework: How Public Administrators Can Increase Compliance with Written Requests Using Behavioral Techniques

Public administrators rely on written communications to send information to citizens and stakeholders, and they are among the heaviest users of the postal service. Behavioral science research has identified several techniques that public administrators can use to increase compliance with written requests and, in turn, increase effectiveness. Currently, however, many written communications from government bodies are not written in a manner that utilizes these techniques. It remains an ongoing challenge for public administrators to identify, understand, and use these techniques in the written communications sent by their organizations. This article presents a framework capturing seven prominent techniques in a simple mnemonic—INSPIRE—that is already being used by several government bodies in Australia. It also provides practical examples of how to use each technique and demonstrates that using these techniques could result in large aggregate improvements in effectiveness and socially desirable outcomes of public administrators' written communications.     

Human Values and Sophistication Interaction Theory

Political Behavior - Political sophistication systematically affects the structure, crystallization, and use of political values, but it remains unclear if sophistication manifests similar effects...