The International Law Commission's Draft Code of Crimes against the Peace and Cecurity of Mankind: An appraisal of the substantive provisions

This article is an expanded and updated version of a paper delivered at the annual meeting of the Australian and New Zealand Society of International Law in Canberra, Australia, May 28–30, 1993.The authors served as International Legal Consultants to the Australian Department of Foreign Affairs and Trade on the International Law Commission's Draft Code of Crimes against the Peace and Security of Mankind. The opinions expressed in this article are those of the authors and not of the Australian government.     

Time served and institutional misconduct: Patterns of involvement in disciplinary infractions among long-term and short-term inmates

This article addresses a number of questions about prison misconduct among long-term and short-term prisoners. Previous studies of institutional misconduct have found an inverse relationship between age and rule breaking and negligible relationships between time served and infraction rates. The data presented here show that the infraction rates of long-term inmates are significantly lower than the rates for short-term prisoners, even in the early years of confinement. However, age is an important variable that intervenes in the relationship, especially in the older-age categories. The types of infractions committed by long-term and short-term inmates are quite similar. The temporal pattern of infraction behavior for short-term inmates provides support for Wheeler's model of an inverted U-shaped curve of prison adjustment, while the pattern for long-term inmates does not fit Wheeler's model. The data suggest that long-term inmates adapt to their situation in ways that are distinguishable from short-term prisoners.     

Psychological aspects: The soft side of policy formation

Nonrational factors affect the determination of policy. Points of vulnerability to the influence of nonrational factors are identified in the policy-forming process and in the policy-implementing process. The suggestion is made that a normative model for the policy-formation process must take account of the presence of nonrational influences so that they can be dealt with in a rational manner.