Effects of Reducing Judicial Sentencing Discretion

This article uses a nationwide sample of state criminal cases to show the effects of reducing judicial sentencing discretion on disparities across rural-urban, southern-northern, black-white, and poor-nonpoor defendants. Judicial sentencing discretion is defined as the ratio between (1) the range in years within which a judge is allowed to sentence, and (2) the minimum number of years the judge must give when there is no probation. The data do indicate specific differences in sentencing between states of high judicial discretion and those of low judicial discretion, and the relationship of these disparities to discrimination is discussed.     

The Cambusters: The Conservative European Union Referendum Rebellion of October 2011

The backbench rebellion that hit the Coalition government in October 2011 was one of the largest Commons revolts of the postwar era, on any issue. But it was not just its size that was noteworthy. This article outlines ten points about the origins of the vote, its timing, its composition, and the nature of the divisions it revealed. Facilitated by recent procedural innovations in the Commons, the rebellion was both evidence of a longer‐term rise in dissent amongst MPs of all parties, as well as other medium‐and short‐term factors within the Conservative party. It leaves the Prime Minister caught in an impossible triangle, attempting to satisfy his pro‐European Liberal Democrat partners in the Coalition, while keeping his Euro‐sceptic rebels happy, and yet retaining enough credibility in European capitals to negotiate successfully.     

Stochastic Models of Crime Rates

Empirical-stochastic models of index crimes are developed in ten major metropolitan areas. Detailed examples of the model building and forecasting ability of the models are illustrated. Characteristics of the resulting model forms are briefly discussed relative to their use in forecasting and resource assignment in criminal justice planning. The existence of uniform underlying causal mechanisms for given crime types are also discussed from re-occurring model forms.     

CONSTITUTIVE CRIMINOLOGY: THE MATURATION OF CRITICAL THEORY*

This paper synthesizes recent trends in the development of critical criminology into a new theoretical direction in thinking about crime. It rejects approaches to criminological theory that reduce crime to an outcome of micro causes or macro contexts. It suggests instead that thinking about crime should be reconsidered as the coterminous discursive production by human agents of an ideology of crime that sustains it as a concrete reality. It argues that this coproduction occurs when agents act out criminal patterns, when others seek to control criminal behavior, and when yet others attempt to research, philosophize about, and explain crime. The paper argues that reducing crime will only come about with a reduction of investment by human agents in the ideology of crime production. Such a reflexive re-conceptualization requires the development of a replacement discourse, rather than an oppositional one, a peacemaking discourse rather than a conflicting one. We call this new theoretical direction constitutive criminology.     

CONSULTATIVE PROCESSES IN HEALTH POLICY IN THE UNITED KINGDOM: A VIEW FROM THE CENTRE

Health policy at national level is the product of a series of continuous and complex interactions between interest groups operating both inside and outside government. It is generally thought that these consultative processes are closed, elitist and dominated by the prestigious medical specialties. Yet there has been a rapid growth in the number of groups representing various interests, professions and care groups. Drawing on recent examples from the national health service, the paper explores the extent to which consultative processes in health policy have remained closed or have been opened up to new influences. The analysis suggests that consultation within the health department is more pluralistic than is usually appreciated. Also, while the closed, elitist mode of consultation with external interests has been eroded marginally, it remains more or less intact. Nevertheless, the ability of powerful medical interests to get their own way to the exclusion of other interests depends on the resources and sanctions available to other groups and on the particular policy issue. It can no longer just be assumed.     

The Use of USPTO “Continuation” Applications in the Patenting of Software: Implications for Free and Open Source*

This paper examines the role played by “continuations” (procedural revisions of patent applications) within software patenting and the implications that the use by patentees of continuations has for free and open‐source software design. Our research analyzes data on continuations in software patenting 1987–99, providing information on the effects of changes made to the U.S. patent laws in 1995 intended to curb “submarine patenting.” Our analysis of all U.S. patents issued 1987–99 shows that the use of continuations grew steadily in overall U.S. patenting through 1995, with particularly rapid growth in continuations in software patenting. Sharp reversals in these growth rates after 1995 suggest that changes in the U.S. patent law were effective. We analyze the role of continuation patents in creating opportunities for patentees to engage in strategic “hold‐up” of software adopters and follow‐on software innovators, and extend the analysis to open‐source software.