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71.
Abstract. The first section takes up some main details of American constitutional history. At the end of that section and in section two, we concentrate on one constitutional doctrine in particular, judicial review. We argue that this doctrine rests, traditionally, on the foundational idea of a permanent tension between democratic institutions and basic rights. In section three, we deal with the problem just raised, by suggesting an alternative view of the relationship that exists between these fundamental constitutional elements. Here we attempt to show that there is an essential principled harmony between basic constitutional rights and democratic majority rule. And we try to locate judicial review within this alternative conception. Then in section four and in the conclusion we discuss the institutional arrangements for the practice of judicial review in the light of this alternative conception. 相似文献
72.
Sampson and Laub's age‐graded theory of informal social control emphasizes the importance of adult social bonds such as marriage and stable employment in redirecting behavior in a more prosocial direction. Heavy alcohol use has also been shown to influence persistent patterns of offending as well as more episodic offending across the life course. Sampson and Laub's life‐course theory emphasizes the negative impact of alcohol use on marital and employment bonds. Although alcohol has indeed been shown to have significant effects on criminal offending, we argue that drug use and the drug culture in which many contemporary offenders are enmeshed have consequences that often complicate desistance processes in ways that alcohol does not. Drug use and its lifestyle concomitants bring together a host of distinctive social dynamics that compromise multiple life domains. The current project investigates the role of drug use on desistance processes relying on a contemporary sample of previously institutionalized youth. We draw on three waves of data from the Ohio life‐course study, a project that spans some 21 years. The results support the assertion that drug use exerts unique effects on desistance processes, once levels of alcohol use are taken into account. We investigate possible mechanisms that help to explain the differential impact of drug use on offending and find that social network effects, particularly partner criminality, explain some but not all of the negative impact of drug use on life‐course patterns of criminal offending. 相似文献
73.
Traditional views of incapacitation as a crime control strategy rely fundamentally on behavioral prediction. Most attempts at predicting offenders' behaviors have relied on simple dichotomous dependent variables. Recent attention to components of the “criminal career,” such as the rate of offending and the nature and potential patterning of offending behavior, could provide significant advantage to the prediction problem while informing debates about incapacitation strategies. We examine this possibility in the context of a study of some 6,000 offenders followed for more than 25 years. Little predictive advantage is realized by attention to more sophisticated behavioral outcome criteria. In agreement with other studies, we observe little support for hypotheses concerning the pattern of careers with respect to offense behaviors. The utility of incapacitation as a crime control strategy seems to be constrained by the limits imposed by predictive validity and perhaps by the nature of the criminal career. 相似文献
74.
Using a semistructured measure to minimize cross-cultural biases, we examined the relationship between negative self and family-other affect and delinquency among 135 Mexican families of varying social class. The results indicated that: (a) both processed and released delinquent youths and their parents evaluated themselves more negatively than nondelinquent youths and their parents; (b) appraisals in the families of processed and released delinquents did not differ appreciably; (c) migrant families tended to manifest the most negativity and lower-class families the least, with middle-class families in between; and (d) socioeconomic status did not predict the relationship between family hostility and delinquency. The results are seen as providing more support for the family control theory of delinquency than for processing-labeling theory. 相似文献
75.
The United States Environmental Protection Agency (EPA) estimated that 3,000 to 5,000 manufactured gas plants (MGPs) were constructed in the United States (EPA, 2000). Companies located their MGPs near urban waterways due to the close proximity to cheap condensing liquid (water), improved site drainage, and easy access to delivery channels. However, these site selection criteria were shared by other industries, many of which generated PAHs or handled tar. Contemporary environmental forensic investigations must draw upon a detailed understanding of the relationship between MGP history and tar chemistry in order to differentiate between different types of MGP-derived tars and non-MGP impacts. This article describes the history of MGP operations in the U. S. and how chemical fingerprinting can aid in unraveling liability associated with MGP legacy sites. 相似文献
76.
We analyze life history narratives and structured data derived from a study of serious female and male offenders interviewed when incarcerated as adolescents and followed up thirteen years later. We highlight shifts in the influence of friends and in the nature of friendship choices, and suggest how these changes can facilitate desistance processes. While key events (e.g., marriage) are important to an understanding of such changes, shifts in the actor's perspective and identity are also integral to the process of making successful network realignments. Similarities and differences by gender in the effects of adult social influence processes are also examined. 相似文献
77.
Several studies have examined the relationship between racial threat (measured by the size of black population) and social control imposed on blacks, but evidence of this hypothesis has been mixed. Although dependency on percent black as the main indicator of racial threat in many studies has contributed to the inconsistency in findings, we argue that this literature has also neglected to consider other important conceptual and methodological issues. Using 2000 census and arrest data, we estimate the impact of multiple measures of racial economic threat, such as the size of the black population, racial inequality and black immigration patterns on black arrest rates. Furthermore, by integrating racial competition and race‐relations arguments, we examine how the concentration of black disadvantage may temper the extent to which blacks pose a threat to white interests. Our findings reveal important and conceptually distinct relationships between racial threat, concentrated disadvantage and the use of social control against blacks, particularly when compared to white arrests. 相似文献
78.
This paper introduces the method of importance‐performance analysis of citizen surveys, a useful approach to understanding citizen satisfaction with local government services. Using data from a US national online panel, we directly compare two approaches to importance‐performance analysis: one employing an explicitly stated measure of importance, the other using a measure of importance derived from regression analysis. The different results that the two approaches give suggest that local government administrators and policy analysts arrive at distinctly different conclusions depending on which importance measure they use. These differences are illustrated by simulating the change in citizen satisfaction that would result from improvement in the top‐rated services according to each measure. Research and policy implications are discussed. 相似文献
79.
80.