Adopt or Not and Innovation Variation: A Dynamic Comparison Study of Policy Innovation and Diffusion Mechanisms

Abstract

Policy innovation and diffusion literature mainly focuses on the decision to adopt a new policy, while ignoring the differences among new policies. This study divides the decision-making process of policy innovation diffusion into two phases: in the “innovate or not” phase, governments make the decision to adopt or reject the new policy, while “how to innovate” is the process by which governments formulate specific content for the new policy. A dynamic comparative analysis finds that effects of internal determinants and diffusion mechanisms vary during these two phases and that internal determinants moderate the effects of diffusion mechanisms.     

Risk Factors and Pathways to Imprisonment among Incarcerated Women in Victoria, 1860–1920

Criminological studies have found that men’s and women’s pathways to imprisonment differ, with risk factors such as substance abuse, mental illness, socioeconomic circumstances and past victimisation more strongly associated with female prisoners. However, limited quantitative or longitudinal research exists on how the risk factors associated with female offending may have shifted over time. This article investigates the criminal careers and pathways to imprisonment of 6,042 women incarcerated in Victoria between 1860 and 1920, and the risk factors associated with subsequent recidivism. The findings suggest that, while many of today’s risk factors were present historically, there have been notable shifts across time.     

Potency levels of regulated cannabis products in Michigan 2021–2022

Evaluation of cannabinoid concentrations in products from the legal cannabis market has been fraught with uncertainty. The lack of standardized testing methodology and the susceptibility of cannabinoids to degradation under certain storage conditions complicates the efforts to assess total tetrahydrocannabinol (THC) levels across wide geographic areas. There are few peer-reviewed surveys of cannabinoid concentrations in regulated products. Those that have been done have not characterized the effects of differences in analytical methodology, sample population, and storage conditions. Viridis Laboratories, which operates two cannabis safety compliance facilities in Michigan, has analyzed over 34,000 cannabis products throughout 2021 and 2022 before the sale in the regulated market. Fifteen cannabinoids in cannabis flower, concentrates, and infused products were tested using methanolic extraction and analysis by high-performance liquid chromatography with diode-array detection. Methods were validated before use, and the flower analysis procedure was certified by the Association of Analytical Collaboration. All the samples were tested before submission for sale and therefore had not undergone prolonged storage. The results are compared with those seen in other states as well as in the illicit market. Total THC levels in cannabis flower from the regulated market are significantly higher than those seen in illicit products. The distribution of cannabinoid levels is similar in flowers intended for either the medicinal or adult-use markets, with an average potency of 18%–23% of total THC. Total THC in concentrates averages up to 82%. Other cannabinoids are observed at significant levels, mostly in products specifically formulated to contain them. These results may act as a benchmark for potency levels in the regulated market.     

See No Evil,Hear No Evil? Assessing Corruption Risk Perceptions and Strategies of Victorian Public Bodies

This paper critically examines qualitative survey data from 36 Victorian public sector bodies on their perceptions of corruption risks, and strategies to mitigate these risks, as well as the integrity mechanisms in place. The findings indicate that even though corruption does not seem to be prevalent in these bodies it is not on their radar either, though fraud prevention was significantly present. The paper identifies international best practices of integrity management and inculcation of public service ethos in developed countries, and stresses three vital elements or pillars that combine both the ‘values’ and ‘compliance’ based approaches. These pillars are as follows: (1) specific corruption prevention programs and strategies that are additional to but complement existing anti‐fraud programs; (2) targeted anti‐corruption training, both for employees and for the public; and (3) effective leadership engagement and commitment to an ethical culture (Tone at the Top).     

Turning defiance into compliance with procedural justice: Understanding reactions to regulatory encounters through motivational posturing

This paper uses Braithwaite's motivational posturing framework to explain how individuals react to encounters with regulatory authorities. Of interest is whether procedural justice can reduce defiance and improve self‐reported compliance among individuals who are either resistant or dismissive of regulatory authority. Using longitudinal survey data collected from tax offenders (Study 1), and individuals who had a recent police‐citizen interaction (Study 2), it will be shown that procedural justice can promote compliance behavior. Procedural justice is also found to be effective for reducing resistant forms of defiance over time, but not dismissive defiance. Further, the results reveal that neither resistant defiance nor dismissive defiance moderate the effect of procedural justice on compliance, suggesting procedural justice works equally well for both low and high resisters and low and high disengagers. Finally, an unexpected result reveals that resistance, but not dismissive defiance, mediates the effect of procedural justice on self‐reported compliance behavior. The findings have implications for procedural justice research and for the regulation of defiance.     

Judicial enforcement deputies: Causes and effects of Chinese judges enforcing environmental administrative decisions

This paper explores how and why Chinese courts became involved in regulating pollution by aiding administrative agencies in executing sanction decisions and collecting pollution levies. It also studies the effects of their regulatory involvement, both in terms of deterrence inferred from available information, as well as the compliance behavior of regulated actors defined as payment of regulatory penalties. It finds that judicial involvement in regulatory enforcement proved to be short‐lived and depended on a particular context at a particular period of time when a regulatory need coincided with administrative and financial judicial needs and particular judges. The paper also finds that court involvement enhanced deterrence in terms of certainty of punishment and to some extent the severity of punishment; however that deterrent effect was undermined by the close relationship between the courts and the regulated entities as fines and levies were almost always negotiated. In effect, deterrence increased the number of compliers paying levies without increasing the depth of compliance in terms of their full payment.     

刑事案件速裁程序局限性及其完善

在公正基础上制度化地解决有限的司法供给与膨胀的刑事法律需求之间的矛盾是现阶段刑事司法改革的必然要求,基于此,我国在《刑事诉讼法》简易程序的基础上对刑事案件速裁程序进行试点,但是试点中的一些问题阻碍了试点的预期效果的实现。本文分别从侦查机关、公诉机关、被告人、辩护人、审判机关角度分析阻碍速裁程序适用的原因,提出设立非法律因素上诉甄别程序,从而节约二审司法资源、确立司法权威;同时提出构建多层次的刑事司法程序,以改变现行刑事诉讼程序体系扁平的现状。     

HOW JUDGES THINK ABOUT RACIAL DISPARITIES: SITUATIONAL DECISION‐MAKING IN THE CRIMINAL JUSTICE SYSTEM*

Researchers have theorized how judges’ decision‐making may result in the disproportionate presence of Blacks and Latinos in the criminal justice system. Yet, we have little evidence about how judges make sense of these disparities and what, if anything, they do to address them. By drawing on 59 interviews with state judges in a Northeastern state, we describe, and trace the implications of, judges’ understandings of racial disparities at arraignment, plea hearings, jury selection, and sentencing. Most judges in our sample attribute disparities, in part, to differential treatment by themselves and/or other criminal justice officials, whereas some judges attribute disparities only to the disparate impact of poverty and differences in offending rates. To address disparities, judges report employing two categories of strategies: noninterventionist and interventionist. Noninterventionist strategies concern only a judge's own differential treatment, whereas interventionist strategies concern other actors’ possible differential treatment, as well as the disparate impact of poverty and facially neutral laws. We reveal how the use of noninterventionist strategies by most judges unintentionally reproduces disparities. Through our examination of judges’ understandings of racial disparities throughout the court process, we enhance understandings of American racial inequality and theorize a situational approach to decision‐making in organizational contexts.     

Criminal Careers in Cyberspace: Examining Website Failure within Child Exploitation Networks

Publically accessible, illegal, websites represent an additional challenge for control agencies, but also an opportunity for researchers to monitor, in real time, changes in criminal careers. Using a repeated measures design, we examine evolution in the networks that form around child exploitation (CE) websites, over a period of 60 weeks, and determine which criminal career dimensions predict website failure. Network data were collected using a custom-designed web-crawler. Baseline survival rates were compared to networks surrounding (legal) sexuality and sports websites. Websites containing CE material were no more likely to fail than comparisons. Cox regression analyses suggest that increased volumes of CE code words and images are associated with premature failure. Websites that are more popular have higher odds of survival. We show that traditional criminal career dimensions can be transferred to the context of online CE and constitute some of the key determinants of an interrupted career.     

A Criminal Career Study of the Continuity and Discontinuity of Sex Offending during the Adolescence-Adulthood Transition: A Prospective Longitudinal Study of Incarcerated Youth

Longitudinal research has seriously challenged assumptions that juvenile sex offenders (JSO) are characterized by high level of dangerousness, mental health problems, and crime specialization in sex offenses. The current study examines the longitudinal pattern of offending among a sample of JSO and a sample of juvenile nonsex offenders. The research design includes longitudinal data over a nine-year period allowing the examination of offending patterns and the crime mix from age 12 to age 23. The findings highlight that, while JSO are prone to persist offending in adulthood, there is limited continuity of sex offending. Further, the findings stress the importance of taking into account nonsexual juvenile delinquency, more specifically, youth violence, to make a better assessment of early adult offending outcomes of JSO.