Real jurors' understanding of the law in real cases

A survey of 224 Michigan citizens called for jury duty over a 2-month period was conducted to assess the jurors' comprehension of the law they had been given in the judges' instructions. Citizens who served as jurors were compared with a base line of those who were called for duty but not selected to serve, and with those who served on different kinds of cases. Consistent with previous studies of mock jurors, this study found that actual jurors understand fewer than half of the instructions they receive at trial. Subjects who received judges' instructions performed significantly better than uninstructed subjects on questions about the procedural law, but no better on questions about the substantive (criminal) law. Additionally, jurors who asked for help from the judge understood the instructions better than other jurors. Since the results replicate previous research using simulated trials, this study provides evidence for the generalizability of earlier work to actual trials.     

How do uncompensated care pools affect the level and type of care? Results from New York State

Uncompensated care pools have been used by several states in their attempt to aid hospitals and increase the volume of care provided to patients without health insurance. We examined the uncompensated care pool used in New York State between 1983 and 1987. Our primary interest was to estimate the impact of the pools on the level and type of care provided to uninsured patients. Our results indicate that hospitals responded to the pools by increasing the volume of care provided to uninsured patients. Without the pools, over 30,000 fewer adjusted hospital admissions would have been provided to the uninsured in a typical year. Many of these newly purchased admissions were for "nondiscretionary" medical care, suggesting that beneficial care to the indigent was rationed prior to the introduction of the uncompensated care pools.     

Reverse Sex Discrimination: Manhart

The author addresses himself to the problems of sex discrimination in pensions. He contends that there have been fundamentai errors in the perceptions of those problems. Equality in pay-both of wages and of fringe benefits-requires equality in employer contributions, which produces actuarial equality in benefits. This is true for pensions, at least, both as a matter of statutory interpretation and as a matter of fundamental fairness, absent a compelling need that has not been and probably cannot be shown. He concludes that Manhart was wrongly decided but that in any event it should be given the narrowest possible interpretation and not be permitted to sire illegitimate progeny.     

Invited Commentary: Exploring the Promises,Intricacies, and Challenges to Positive Youth Development

We highlight the need for and critical importance of the program of research reported in this Special Issue. We emphasize that a focus on positive youth development is sorely overdue. The impressive project covering one decade, 42 states and 7,000 participants demonstrates critical contributors to positive youth development. The two identified themes emerging from the set of papers are that contexts and the nature of assets matter for youth. Collectively, the papers explored a variety of positive youth development relevant questions and utilized combinations of annual assessments and data sources from an extraordinary data base. The core methodological and conceptual flaw across papers was the under-representation of minorities in the data set, which limited the generalizability of findings. While the major shortcoming was acknowledged at the onset and recognized as a failing in each paper, nevertheless, merely conceding the flaw was seen as insufficient given the policy, practice, and research implications. The inadequate sampling and follow-up of youth from families which continue to face persistent social inequality and having the most to gain from a positive youth development conceptual strategy and was a major shortcoming; it prevented within group analyses. The co-authors note that although research decisions made limited the generalizability of the positive youth development research strategy for non-white American youth, the intended goals for inclusiveness are evident and, accordingly, suggest a level of hopefulness.     

The ‘Groundhog Day’ of the Human Trafficking for Sexual Exploitation Debate: New Directions in Criminological Understanding

This paper considers the intellectual framework that is used to understand human trafficking and the limitations that it imposes on the criminological study of this phenomenon. First, there is a brief historical perspective which allows for comparisons between current debates and the moral crusades of the Victorian/Edwardian social purists. The contemporary focus on trafficking for sexual exploitation, rooted in Victorian/Edwardian construction has, the authors argue, narrowed the policy remit and the criminological investigation into human trafficking. The paper then proceeds to address the interaction between these enduring (historical) myths, the role of trans-national organised crime and the constraining effects of the contemporary intellectual framework. It is argued that in order to challenge the cyclical nature of the debates, it is necessary to make redundant the use of the term human trafficking and to widen the criminological lens through which we consider the problem. In doing so, we hope to highlight those groups whose experiences are missing or marginalised in the current construction of the problem and urge a reconsideration of the way in which criminology approaches this issue.     

Book reviews

Datenhandbuch zur Geschichte des Deutschen Bundestages 1949 bis 1999. Edited by Peter Schindler. 3 Volumes. Baden‐Baden: Nomos, 1999. DM 98.

Finanzverfassung und Föderalismus in Deutschland und Europa. Edited by Thiess Buttner. Baden‐Baden: Nomos, 2000. DM 48 pb.

Krise und Reform des Föderalismus. Edited by Reinhard C. Meier‐Walser and Gerhard Hirscher. Munich: Olzog, 1999. DM 24.80.

Hinter den Kulissen von Regierungsbündnissen. Koalitionspolilik in Bund, Ländern und Gemeinden. Edited by Roland Sturm and Sabine Kropp. Baden‐Baden: Nomos, 1999. DM 74.

Austria — Out of the Shadow of the Past. By Anton Pelinka. Oxford: Westview Press, 1998.

Austria. World Bibliographical Series. Revised edition. Volume 66. By Michael Mitchell. Oxford: Clio Press, 1999.

The Official Concept of the Nation in the Former GDR. By Joanna McKay. Hants/Vermont: Ashgate, 1998.

NATO and the Future of European Security. By Sean Kay. Rowman and Littlefield, 1998.

Linguistics and the Third Reich: Mother‐Tongue Fascism and the Science of Language. By Christopher M. Hutton. Routledge Studies in the History of Linguistics. London and New York: Routledge, 1999.

The Language of the Third Reich. LTI ‐ Lingua Tertii Imperii. A Philologist's Notebook. By Victor Klemperer. Translated by Martin Brady. London and New Brunswick: The Athlone Press, 2000.

German Studies. Old and New Challenges. Undergraduate Programmes in the United Kingdom and the Republic of Ireland. Edited by Peter Rolf Lutzeier. Berne: Peter Lang, 1998 (German Linguistic and Cultural Studies, vol. 1).

EU Enlargement and its Macroeconomic Effects in Eastern Europe. Currencies, Prices, Investment and Competitiveness. By Hubert Gabrisch and Rüdiger Pohl. Basingstoke: Macmillan, 1999.

Welfare States in Transition. East and West. By Irwin Collier, Herwig Roggemann, Oliver Scholz and Horst Tomann. Basingstoke: Macmillan, 1999.

Economic Transition in Hungary and East Germany. Gradualism and Shock Therapy in Catch‐up Development. By Johannes Stephan. Basingstoke: Macmillan, 1999.

Doing Business with Germany. Edited by Jonathan Reuvid and Roderick Millar (consultant eds.). In association with German‐British Chamber of Industry and Commerce, PricewaterhouseCoopers and Eversheds. Business Lawyers in Europe. London: Kogan Page, 2nd edn. 1999. Reprinted 2000.

The German Skills Machine: Sustaining Comparative Advantage in a Global Economy. Edited by Pepper D. Culpepper and David Finegold. Berghahn Books, 1999.

Reconstructing Education. By Rosalind M.O. Pritchard. New York and Oxford: Berghahn Books, 1999.

In a Cold Crater: Cultural and Intellectual Life in Berlin, 1945–1948. By Wolfgang Schivelbusch. Translated by Kelly Barry. Berkeley: University of California Press, 1998.

The Longman Companion to Germany Since 1945. By Adrian Webb. London: Longman, 1998.

Ausgewcihlte Aspekte des Transformationsprozesses im Cesundheitswesen der neuen Bundeslander. Edited by Viola Schubert‐Lehnhardt, Christel Gibas and Birgit Möbest. Berlin: Trafo Verlag, 1998.

Lebensbedingungen, Lebensgestaltung und Lebensinn von älteren Frauen in Deutschland und Europa. Edited by Viola Schubert‐Lehnhardt. Berlin: Trafo Verlag, 2000.     

The clandestine defence of empire: British special operations in Yemen 1951–64

This article provides an account of the special operations in Yemen authorized by successive Conservative governments in the 1950s and early 1960s. It suggests that these were undertaken in response to a perceived threat from Yemeni irredentism and Arab nationalism. The secrecy surrounding the operations was regarded as a useful means of avoiding the international condemnation which overt military action would attract. It is argued that the case of British involvement in Yemen provides further evidence of the continued commitment of post-war British governments to the defence of empire, and that the policy of clinging on to the remains of empire in this region was based on an over-optimistic analysis of the likely impact of Arab nationalism.