Do Lawyers Cause Adversarial Legalism? A Preliminary Inquiry

Cross-national case studies have indicated that compared to other economically advanced democracies, American methods of policy implementation and dispute resolution are more adversarial and legalistic, shaped by costly court action or the prospect of it. To what extent are lawyers responsible for creating American-style adversarial legalism? This article argues that while adversarial legalism stems primarily from enduring features of American political culture and governmental structure, the legal profession plays a significant independent role in promoting and perpetuating this mode of governance.     

Americans and their sexual partners

Andrew M. Greeley is a priest, sociologist, novelist, and journalist. His scholarly writings concentrate on religion and ethnicity. His other writings range from critiques of the Catholic church to best-selling novels.     

Evaluation of a computer-assisted monitoring (CAMO) project: Some measurement issues

This article investigates the effect of Computer Assisted Monitoring of Offenders (CAMO) on probation outcome. In a comparison sample, the effect of CAMO treatment is compared to the effect of “regular” probation. In addition to testing the effects of CAMO as an intermediate treatment, methodological issues, such as level of probation restrictiveness and the effects of prior criminal involvement on probation outcome, are tested. Although the results are mixed, they indicate that level of probation restrictiveness and prior criminal involvement have a greater effect on probation outcome than does CAMO. These findings have ramifications for researchers comparing CAMO probationers to “regular” probationers and for those comparing different CAMO programs. An earlier version of this paper was presented at the Western Social Science Association’s 1992 annual conference.     

Legal advice in criminal proceedings in the Federal Republic of Germany

Conclusion Certain components of the British system of legal aid, especially the duty solicitor scheme, could beneficially be introduced in modified form into German criminal procedure. Conversely, some points of German law could benefit the British system, such as less rigid adherence to the autonomy principle. With the increasing integration of the European states, and particularly the abolition of internal border controls, it is time to think closely not only about harmonizing the economic structures of the European Community member states but also about creating human rights protections at the Community level, which is inextricably connected to access to competent legal advice in criminal proceedings.This article is a revised version of a lecture given at the Exeter University Centre for Legal and Interdisciplinary Development (EUCLID) seminar at Exeter University, Exeter, England, February 22, 1990, as part of my doctoral research project on the implementation of a duty solicitor scheme in German criminal procedure.I should especially like to thank Josephine Shaw, Lecturer in Law at Keele University and former Acting Director of EUCLID at Exeter University, for proof-reading the first draft and for supporting my research project. I am also grateful to Mervyn Bennun and Kim Economides for their helpful comments when I gave this lecture.Juristisches Staatsexamen, Universität des Saarlandes 1986; Honorary Research Fellow, University of Exeter 1989–1990; Assessor iur., Justizprüfungsamt des Saarlandes 1991; Doctor of Law, Universität des Saarlandes 1992; former Assistant to the Chair of Criminal Law, Criminal Procedure, Criminology, and Comparative Criminal Law, Universität des Saarlandes 1987–1991.     

A report of an international collaborative experiment to demonstrate the uniformity obtainable using DNA profiling techniques.

This paper describes a collaborative exercise intended to demonstrate whether uniformity of DNA profile results could be achieved between different European laboratories. It was shown that this goal can be obtained provided that a common protocol is followed (specifically the use of a common electrophoretic buffer as being the most important parameter). Generally, lower molecular weight loci (with lower molecular weight fragments) such as YNH24 perform better than higher molecular weight loci such as MS43a. The results of the exercise are discussed in relation to the objectives of the European DNA profiling group (EDNAP).     

Threatening and otherwise inappropriate letters to members of the United States Congress

The authors examine the characteristics of threatening and otherwise inappropriate communications sent to members of the U.S. Congress by a sample of 86 subjects, 20 of whom threatened assassination. We quote excerpts from these letters and provide quantitative data on such variables as the volume, duration, form, and appearance of such communications; the enclosures; the subjects' perceived relationships to the recipients; the thematic content of the communications; and the messages and threats communicated. Comparisons between 43 subjects who pursued encounters with members of Congress and 43 who did not revealed 17 factors associated with such pursuit. In this population, threateners were significantly less likely to pursue an encounter than inappropriate letter writers who did not threaten, regardless of the type of threat or the harm threatened. Inappropriate letters to members of Congress are compared with those directed to Hollywood celebrities. Mentally disordered persons writing to public figures often mention and sometimes threaten public figures other than those to whom the letters are addressed, which raises important issues regarding notification of endangered third parties and the sharing of information among protective agencies.     

The use of phosphate buffered saline for the recovery of cells and spermatozoa from swabs.

In the forensic science laboratory, the recovery of spermatozoa from vaginal swabs, or vaginal cells from penile swabs, can help determine if sexual intercourse may have taken place. There are several methods used to recover spermatozoa and cells from the swabs before visualisation on a microscope slide and most of these methods use water. Phosphate buffered saline (PBS) is a non-toxic solution used in many biological laboratories. Unlike water, PBS prevents cells rupturing or shrivelling up due to osmosis. This study demonstrates that PBS can be used for the extraction of spermatozoa and cells from swabs and that PBS does not affect subsequent DNA profiling.     

Natural Law and the Bhagavad-Gita: The Vedic Concept of Natural Law

Abstract. Western natural law theory emphasises the derivation of principles of right action said to be universal and objective from the application of practical reasonableness to the pursuit of basic human goods that are self‐evident or based on human nature. Critics say its methodology is inherently subjective. In contrast, the Vedic approach to natural law of the Bhagavad‐Gita emphasises the full development of a universal aspect of human nature—consciousness—to promote right action. A healthy person with a developed intellect, clear mind, balanced emotions and full perception is best placed to fulfil his or her society's highest ideals of ethical and lawful conduct. The Vedic approach advocates a supportive social environment and the use of meditation techniques to promote such development. Research has found that the Transcendental Meditation (TM) program promotes improvement in mind, body and behaviour. For example, offenders in Australia, the United States and Senegal practising the technique experienced decreased substance abuse and recidivism and improved wellbeing. From a scientific perspective, TM promotes these improvements by producing a unique psychophysiological state of restful alertness that dissolves stress that blocks the unfoldment of full potential in life.     

DOES CRIME JUST MOVE AROUND THE CORNER? A CONTROLLED STUDY OF SPATIAL DISPLACEMENT AND DIFFUSION OF CRIME CONTROL BENEFITS*

Recent studies point to the potential theoretical and practical benefits of focusing police resources on crime hot spots. However, many scholars have noted that such approaches risk displacing crime or disorder to other places where programs are not in place. Although much attention has been paid to the idea of displacement, methodological problems associated with measuring it have often been overlooked. We try to fill these gaps in measurement and understanding of displacement and the related phenomenon of diffusion of crime control benefits. Our main focus is on immediate spatial displacement or diffusion of crime to areas near the targeted sites of an intervention. Do focused crime prevention efforts at places simply result in a movement of offenders to areas nearby targeted sites—“do they simply move crime around the corner”? Or, conversely, will a crime prevention effort focusing on specific places lead to improvement in areas nearby—what has come to be termed a diffusion of crime control benefits? Our data are drawn from a controlled study of displacement and diffusion in Jersey City, New Jersey. Two sites with substantial street‐level crime and disorder were targeted and carefully monitored during an experimental period. Two neighboring areas were selected as “catchment areas” from which to assess immediate spatial displacement or diffusion. Intensive police interventions were applied to each target site but not to the catchment areas. More than 6,000 20‐minute social observations were conducted in the target and catchment areas. They were supplemented by interviews and ethnographic field observations. Our findings indicate that, at least for crime markets involving drugs and prostitution, crime does not simply move around the corner. Indeed, this study supports the position that the most likely outcome of such focused crime prevention efforts is a diffusion of crime control benefits to nearby areas.