The economics of notaries

In civil law legal systems, notaries fulfill two crucial roles, acting as both law enforcers and court officers, and as facilitators and enforcers of private transactions. In these countries, notaries achieve economies of scope by simultaneously providing private and public services and substituting both parties' lawyers. This arrangement is subject, however, to serious conflicts of interest that could prejudice the provision of public services that have attributes of externalities, as well as the notary's independence from all parties to the transaction. This paper shows how this notary system may be efficient in this context. Focusing on Spanish notaries, it analyzes the legal and economic nature of the services, the incentives that control their provision, and the cost in terms of competitive restraints that could be generated by the organizational patterns making up such incentives. Supporting empirical evidence is also provided.     

An improved methodology for analyzing age-arrest profiles: Application to a Western Australian offender population

A new methodology for displaying and analyzing arrest profiles of a population of offenders is illustrated on a data set containing information on all arrests made in the jurisdiction of the state of Western Australia in the 12-year period 1 April 1984 to 31 December 1995. The arrest profile shows the number of arrests accumulated by an individual offender as a function of the age at which each arrest took place. This provides a summary of the arrest careers of the individuals in the population and facilitates comparisons between groups of interest in the population, such as sex and race groups. In particular, it enables comparisons to be made between cohorts of offenders defined by the age-at-onset of their offending. For the Western Australian population analyzed here we find large differences between sex and race (Aboriginal or non-Aboriginal) groups, and also between age-at-onset cohorts, and we place these differences in the context of current criminological discussions which posit that higher mean numbers of offenses will be committed by early career starters.     

In the right place,at the right time: Opportunity structures and candidates’ chances of getting elected for the first time

The foundational principle of representative democracy is that legislative elites can be replaced in elections. Yet, first-time parliamentary entries have received little attention. We present the first systematic attempt to examine the conditions of first-time parliamentary entry in multimember district PR systems. We introduce an overlooked explanatory factor, candidates' short-term opportunity structure. While controlling for personal vote-earning attributes (PVEAs), we examine how competitive context shapes newcomers' chances in a pure OLPR system where party elites cannot skew competition between candidates. Our register-based analysis of candidacies in seven Finnish parliamentary elections (1995–2019, n = 7548) shows that while personal qualities enhance candidates’ chances, first-time entry is restricted by the competitive context, especially the decisions of incumbent MPs. The strong impact of exceptional PVEAs suggests that other “big fish” candidates may also shape competitive contexts. Overall, the study indicates that electoral competition can be rather restricted even in the most competitive electoral systems.     

The determinants of voluntary judicial resignation in Australia,Canada, and New Zealand

This article compares supreme and high court judicial turnover with respect to voluntary exits and retirements in three Westminster parliamentary democracies, Australia, Canada, and New Zealand, for the period 1970–2012. The findings of an event history model indicate that judges who author large numbers of opinions in a given year are likely to stay longer, while those who dissent from their colleagues frequently are more likely to exit early. It was also found that judges are more likely to resign if the party that appointed them was expected to lose government.     

Assessing the Impact of First-Time Imprisonment on Offenders’ Subsequent Criminal Career Development: A Matched Samples Comparison

Using data from the Netherlands-based Criminal Career and Life-course Study the effect of first-time imprisonment between age 18–38 on the conviction rates in the 3 years immediately following the year of the imprisonment was examined. Unadjusted comparisons of those imprisoned and those not imprisoned will be biased because imprisonment is not meted out randomly. Selection processes will tend to make the imprisoned group disproportionately crime prone compared to the not imprisoned group. In this study group-based trajectory modeling was combined with risk set matching to balance a variety of measurable indicators of criminal propensity. Findings indicate that first-time imprisonment is associated with an increase in criminal activity in the 3 years following release. The effect of imprisonment is similar across offence types.

Pre-parliamentary party career and political representation

Abstract

Members of parliament are accountable to both their district and party. Consequently, they have to balance their responsiveness to these competing principals when their preferences diverge. Existing research on this representational dilemma focuses mostly on the role of political institutions, whereas this article offers a new individual-level explanation: pre-parliamentary party careers. Using sequence analysis, three ideal-typical pre-parliamentary career paths are identified: the party local, the party functionary, and the party civilian. The share of party locals increases over time at the expense of party civilians in the Danish parliament, and these party locals are more likely to diverge from the party’s position when it is unpopular among their constituents. These findings corroborate existing evidence of political professionalisation in parliamentary democracies, but they also suggest that professionalisation may be associated with a localisation of politics leading to more rather than less constituency representation.     

MASCULINITIES,PERSISTENCE, AND DESISTANCE

In life‐course criminology, when gender has been the focus of study, it has predominantly been treated as a variable. Studies that explore the gendered nature of criminal careers through the lived experiences of offenders are rare, even though these studies can make important contributions to our understanding of crime and the life course. Analyzing qualitative data, this article uses life‐history narratives of a small sample of male juvenile delinquents (N = 25), born in 1969–1974, to explore the possible link among masculinities, persistence, and desistance from crime. The findings of the study suggest that processes of persistence and desistance are imbued with age‐specific norms of what it means to “be a man” and successfully do masculinity in different stages of life. Analyzing these gender‐specific practices gives a deepened understanding of processes that underlie the offenders’ lives as they go through stages of continuity and change in crime. The findings of the study further suggest a complex intersection between gendered biographies and gendered structures, with fruitful contributions to life‐course criminology. The implications of these findings are discussed.     

COMPARING DELINQUENCY CAREERS IN COURT RECORDS AND SELF‐REPORTS*

Most knowledge about delinquency careers is derived from official records. The main aim of this paper is to compare conclusions about delinquency careers derived from court referrals with conclusions derived from self‐reports. Data are analyzed from the Seattle Social Development Project, which is a prospective longitudinal survey of 808 youths. Annual court and self‐report data were available from age 11 to age 17 for eight offenses. The prevalence of offending increased with age, in both court referrals and self‐reports. There was a sharp increase in the prevalence of court referrals between ages 12 and 13, probably because of the reluctance of the juvenile justice system to deal with very young offenders. The individual offending frequency increased with age in self‐reports, but it stayed constant in court referrals, probably because of limitations on the annual number of referrals per offender. There was significant continuity in offending in both court referrals and self‐reports, but continuity was greater in court referrals. The concentration of offending (and the importance of chronic offenders) was greater in self‐reports. An early age of onset predicted a large number of offenses in both self‐reports and court referrals. However, an early onset predicted a high rate of offending in court referrals but not in self‐reports, possibly because very young offenders who were referred to court were an extreme group. About 37% of offenders and 3% of offenses led to a court referral. The more frequent offenders were less likely to be referred to court after each offense, but most of them were referred to court sooner or later. There was a sharp increase between ages 12 and 13 in the probability of an offender and an offense leading to a court referral. It is concluded that criminal career research based on self‐reports sometimes yields different conclusions compared with research based on official records.     

Masters of their fate? Explaining MPs’ re-candidacy in the long run: The case of Italy (1987–2013)

Why are certain Members of Parliament (MPs) more likely to get re-candidacy for national legislative elections, therefore having the possibility to continue their career? This article answers this question by comparing political elites' long-debated explanations with more legislative behaviour-related factors. By focusing on more than 25 years of the Italian Lower House's history, we have built a novel dataset on the legislative behaviour and career patterns of more than 3500 Italian MPs. A multilevel logistic regression analysis shows that, with the exception of party switching, legislative behaviour does not seem to exert a significant impact on MPs' re-candidacy. On the contrary, the career status of parliamentarians, i.e., their parliamentary position or their ministerial historical record, strongly influences their chances of obtaining re-candidacy.     

Need,Connections, or Competence? Criminal Achievement among Adolescent Offenders

Variations in criminal performance have been much less explored than other parameters of criminal careers. We explore the factors associated with differential criminal achievement in a sample of 154 adolescent offenders involved in cannabis cultivation. Drawing from theories of earnings attainment, we examine the role of drug use, criminal social capital and criminal human capital in providing either (a) monetary, or (b) in kind (cannabis) rewards from crime. Results reveal that criminal social capital and criminal human capital are related to performance while drug use explains little of the variation. Their effects, however, differ between outcomes: young offenders who are mainly connected to adult growers tend to be paid in kind, whereas respondents connected to a majority of other young growers tend to receive money. Criminal human capital is crucial to earning money but insignificant to obtaining larger payments in cannabis. Implications for criminal career and desistance research are discussed.