INDEFINITE PUNISHMENT AND THE CRIMINAL RECORD: STIGMA REPORTS AMONG EXPUNGEMENT‐SEEKERS IN ILLINOIS*

Although criminal records in the United States are more publicly accessible than ever before, we lack knowledge about how record‐bearers seek to overcome the negative consequences associated with a visible criminal record as they apply for jobs, housing, and financial aid. Furthermore, although criminal histories record all arrests—and not just those that result in conviction—researchers have yet to compare how those with more extensive versus minor criminal records cope with criminal record stigma. We present interview data from a comparative study of expungement‐seekers (N = 53) who have petitioned the courts to remove their criminal records from public view. One group had extensive criminal records (46 percent); the other group had more minor criminal records (54 percent). Several key findings emerged. First, both groups of participants tried, but failed, to persuade potential employers and landlords to overlook the criminal record. They also faced restricted educational opportunity. Second, participants in both groups expressed distress that criminal justice contact could follow them throughout their lives, subjecting them to ongoing stigma. However, those with extensive versus minor criminal records offered different rationales explaining why the visible criminal record history unfairly burdened them. Implications for reintegration theory and policy are discussed.     

"程序性制裁理论"的理论反思——以非法证据排除规则为分析焦点

在刑事程序领域,程序性制裁理论的提出与系统诠释,不仅凸显着程序正义理念与程序规则的独立性价值,而且为我国构建程序性违法行为的规制、预防机制提供着重要的理论依托。但经由反思与检讨,程序性制裁不仅在理论上存在自恰性欠佳与前瞻性不足等缺陷,而且针对那些隐性的、消极性的、随意性的、非致力于起诉或审判的程序违法侵权行为,也表现出治理效果欠佳的实践局限。重估程序性制裁之价值、肯认程序性制裁之局限,目的是为了我国未来构建一套针对程序性违法的综合治理机制。     

IS ALL CORRUPTION DYSFUNCTIONAL? PERCEPTIONS OF CORRUPTION AND ITS CONSEQUENCES IN PAPUA NEW GUINEA

Many anti‐corruption organisations work from the notion that both petty and grand corruption axiomatically results in negative consequences. However, few studies have asked citizens to evaluate the effects of different scales and types of corruption. This article investigates how rural people in Papua New Guinea associate dysfunctional or functional consequences to different types and scales of corruption. It draws on findings from focus groups conducted in four provinces of the country. The article finds that most examples of corruption considered by respondents were perceived as dysfunctional; however, marginalised respondents considered small‐scale corruption as functional—if the acts described benefitted marginalised people. These findings suggest that it is critical that anti‐corruption organisations understand and respond to the constraints faced by poor and marginalised people when operating in weak states. Copyright © 2012 John Wiley & Sons, Ltd.     

我国警察圈套抗辩陷入困境原因分析

2012年修订后的《中华人民共和国刑事诉讼法》第151条第1款已然将"诱惑侦查"纳入立法规制之中。其实,诱惑侦查在我国刑事侦查活动中早已大量运用,并且在打击犯罪、保障人权方面发挥着独特的作用。然而诱惑侦查一旦运用不当,就会侵犯公民、犯罪嫌疑人、被告人的合法权益,成为"警察圈套"。侦查程序的高度封闭性、立法规定的空白、裁判者难以作出无罪判决或终止诉讼程序的判决三方面的原因使得在我国刑事诉讼中的警察圈套抗辩陷入困境。     

Optimal Law Enforcement with Dissemination of Information

In this paper we discuss the implications of introducing imperfect information on the optimal law enforcement literature. We assume that individuals can be imperfectly informed about the probability of apprehension and about the sanction.Imperfect information about the probability and the sanction might pose a problem to criminal deterrence. If that is the case, there are clear incentives to disseminate information about law enforcement (probability and severity of sanction). However, note that individuals also have incentives to buy information about law enforcement: they may erroneously decide to become criminals (because they have underestimated the expected sanction) or they may erroneously decide not to become criminals (because they have overestimated the expected sanction).This paper proposed that it is optimal to complement criminal punishment with some disclosure of information.     

The New Metropolitan Police of Buenos Aires: Officers’ Shared Perceptions on Community Policing and Organizational Practices

This exploratory research surveys police officers of the city of Buenos Aires who have joined the metropolitan police force. Specifically, it examines the officers’ perceptions of community policing, reasons for joining the forces, and their beliefs concerning the integration of female police officers. Police officers reported solid knowledge about community policing and their role as its instruments. They expressed some doubt that the values of community policing are permeating throughout the organization, and that there was not enough time for officers to actually engage communities. The leadership of the department should focus efforts to ensure that community policing values are instilled throughout the organization, and providing officers with the time needed to develop community relations with the public.     

Gamson's Law and voters’ perceptions of portfolio allocation

The assignment of ministerial portfolios to parties is one of the most contested and consequential processes in coalition politics. Accordingly, a great deal of scholarship has investigated how many portfolios different parties obtain in coalition negotiations as well as which parties are assigned which portfolios. However, to our knowledge, no one has ever examined how voters perceive the outcomes of this process – perceptions which must be fundamental to any assessment of policy responsibility in systems with coalition government. This article uses original survey data from four Western European countries to examine voter perceptions of the distribution of cabinet portfolios across parties. In addition to describing the extent to which voters know this distribution, the article also examines whether their perceptions are consistent with a number of different heuristics that voters might use to infer characteristics of the cabinet portfolio distribution. The results suggest that many voters use party role and size heuristics to infer the number of portfolios allocated to different parties as well as an ‘importance rule’, a ‘topical affinity rule’ and a ‘historical regularity rule’ to infer which parties hold which portfolios, but also that a significant number of voters have direct knowledge (not inferred using heuristics) of which parties hold which ministries.     

Do voters learn? Evidence that voters respond accurately to changes in political parties’ policy positions

A premise of the mass–elite linkage at the heart of representative democracy is that voters notice changes in political parties’ policy positions and update their party perceptions accordingly. However, recent studies question the ability of voters accurately to perceive changes in parties’ positions. The study advances this literature with a two-wave panel survey design that measured voters’ perception of party positions before and after a major policy shift by parties in the government coalition in Denmark 2011–2013. Two key findings extend previous work. First, voters do indeed pay attention to parties when they visibly change policy position. Second, voters update their perceptions of the party positions much more accurately than would have been expected if they merely relied on a ‘coalition heuristic’ as a rule-of-thumb. These findings imply that under some conditions voters are better able to make meaningful political choices than previous work suggests.