Crime and justice in Tudor-Stuart England and the modern United States

This paper surveys the criminal justice system in 16th and 17th, century England, for the purpose of pointing out important similarities between its workings and the operation of the criminal justice system in the modern United States. Topics covered include (1) the nature and incidence of crime; (2) citizen participation in and cooperation with the criminal justice system; and (3) the disposition of persons and cases. The authors conclude that, contrary to popular opinion, early modern England was not a halcyon period of law and order. That the English criminal justice system was beset by problems similar to those faced today seems to indicate that the interaction between law and society is inherently problematic.     

Negotiating climate legislation: Policy path dependence and coalition stabilization

This article investigates the nature of policy path dependence through analysis of climate policy formation in the United States. In 2008 the US Congress attempted to pass the Lieberman–Warner bill, a comprehensive climate and energy package that would have capped greenhouse emissions and established a nationwide cap and trade program. In the same year, California successfully enacted the Global Warming Solutions Act. This article explores the circumstances of both cases and raises the question of why legislation at the state level was successful and took such a divergent form from legislation at the federal level. The divergence of these cases is used to highlight the nature of coalition formation and policy path dependence in the legislative process. Explanations of policy tend to gravitate toward either the generalizability of game theoretic approaches or the empirical depth of case studies. This article suggests a combined approach that uses case studies to analyze the positions and motivations of actors and to then model policy development over time. The approach examines policy through the formation and negotiation of policy coalitions. Drawing on the Advocacy Coalition Framework and omnibus analysis, the approach expands these coalition theories first by analysing legislative development at the interface of legislators and constituent interest groups, and second by adding temporal dimension to the analysis. The findings suggest that policy is path dependent in that it is negotiated between coalitions that in turn create stability in the policy process and insulate policy fields from external shocks. Policy path dependence suggests that theory alone is insufficient to predict policy outcomes; policy results depend strongly on prior policy efforts, historically and socially contingent coalitions, and the resulting framing of policy possibilities.     

The Effects of Age and Political Exposure on the Development of Party Identification Among Asian American and Latino Immigrants in the United States

This article seeks to understand the development of partisanship among the largest of contemporary immigrant groups, Asian Americans and Latinos. Identifying the processes that underlie the acquisition of partisanship is often complicated because the associated concepts are not easily isolated from one another. In particular, among those born in the U.S., distinguishing between the separate effects of age and political exposure on partisan development is especially difficult since age usually serves as an exact measure of exposure to the political system and vice versa. Because immigrants' length of residence does not correspond directly to their age, tracking the acquisition of party identification represents one way to untangle the effects of age and exposure on partisanship. A strong relationship between the number of years an immigrant has lived in the U.S. and the acquisition of partisanship is found. Further analysis shows that naturalization, gains in English language skills, and media use also contribute to immigrants' acquisition of partisanship. This study reveals that a process of reinforcement through exposure to the political system underlies the development of political attitudes across diverse immigrant groups.     

Understanding how sexual offenders compare across psychiatric and correctional settings: examination of Canadian mentally ill sexual offenders

Abstract

Much of what is known about sexual offenders is based on correctional samples and then applied across settings based on the assumption that this group is homogeneous. In this study, 149 files were compared, including 108 cases from the forensic mental health system (FMH) and 41 cases from the correctional system (COR). Although many similarities were observed between the FMH and COR groups, the results also revealed important differences. The FMH group was characterised by more frequent hospitalisations, higher rates of major mental illness and single status. The COR group was characterised by a history of physical and sexual abuse, family history of addictions, more intrusive sexual offences and higher rates of offending. These results highlight different profiles for sexual offenders in forensic mental health and correctional settings and challenge us to consider the implications for assessment, treatment and risk management of this unique group of sexual offenders.     

Judicial Impartiality and Independence in Divided Societies: An Empirical Analysis of the Constitutional Court of Bosnia‐Herzegovina

The role of constitutional courts in deeply divided societies is complicated by the danger that the salient societal cleavages may influence judicial decision‐making and, consequently, undermine judicial impartiality and independence. With reference to the decisions of the Constitutional Court of Bosnia‐Herzegovina, this article investigates the influence of ethno‐national affiliation on judicial behaviour and the extent to which variation in judicial tenure amplifies or dampens that influence. Based on a statistical analysis of an original dataset of the Court's decisions, we find that the judges do in fact divide predictably along ethno‐national lines, at least in certain types of cases, and that these divisions cannot be reduced to a residual loyalty to their appointing political parties. Contrary to some theoretical expectations, however, we find that long‐term tenure does little to dampen the influence of ethno‐national affiliation on judicial behaviour. Moreover, our findings suggest that this influence may actually increase as a judge acclimates to the dynamics of a divided court. We conclude by considering how alternative arrangements for the selection and tenure of judges might help to ameliorate this problem.     

Childhood Abuse,Intrapersonal Strength,and Suicide Resilience in African American Females who Attempted Suicide

There is a significant association between childhood abuse and suicidal behavior in low-income African American women with a recent suicide attempt. Increasingly, empirical focus is shifting toward including suicide resilience, which mitigates against suicidal behavior. This cross-sectional study examines childhood abuse, intrapersonal strengths, and suicide resilience in 121 African American women, average age of 36.07 years (SD?=?11.03) with recent exposure to intimate partner violence and a suicide attempt. To address the hypothesis that childhood abuse will be negatively related to suicide resilience and that this effect will be mediated by intrapersonal strengths that serve as protective factors, structural equation modeling examined the relations among three latent variables: childhood abuse (measured via physical, sexual, and emotional abuse), intrapersonal strengths (assessed by self-efficacy and spiritual well-being), and suicide resilience (operationalized via the three components of suicide resilience—internal protective, external protective, and emotional stability). The initial measurement model and the structural model both indicated excellent fit. Results indicated that childhood abuse was negatively associated with intrapersonal strengths and suicide resilience, intrapersonal strengths were positively associated with suicide resilience, and intrapersonal strengths fully mediated the association between childhood abuse and suicide resilience. Thus, the results suggest a positive and protective influence of intrapersonal strengths on suicide resilience in the face of childhood abuse in suicidal African American women. The clinical implications and directions for future research that emerge from these findings are discussed.     

The etiology of adolescents' perceptions of their weight

The present study examined adolescents' actual and perceived weights in relation to why adolescents think they weigh what they do, where adolescents obtain weight control information, and adolescents' weight locus of control. The study was conducted in a Midwestern high school, based on information obtaind from 194 freshmen. Thirty percent of the adolescents perceived their weight category inaccurately when compared to their actual weight and height. One-third of those who were thin, one-half of those who were normal weight, and two-thirds of those who were heavy had been exercising during the past six months to control or lose weight. Six percent of the thin, 41% of the normal weight, and 56% of the heavy students had dieted within the past six months to control or lose weight. The leading sources of weight control information were television, family, friends, and magazines. Teachers were identified as sources of information by less than 10% of the students. Mother, family, and friends were identified as those most helpful in adolescents' attempts to lose weight. Significant chi-square differences were found between weight locus of control orientations and actual and perceived weight categories. Finally, a multivariate analysis of variance was used to analyze adolescents' perceptions of weighing what they do. Eat too much vs too little and exercise too much vs too little were the two reasons identified that were statistically significant. The information obtained from this study may be useful in designing and implementing weight control and nutritional programs for adolescents. For many of the adolescents, their perceptions were different from reality.Received M.S. from University of Toledo. Research interests include behavioral medicine.Profsssor of health education. Received Ph.D. from Western Michigan university. Research interests include behavioral medicine.Received M.A. from Oregon State University. Research interests include environmental health.Received Ph.D. from University of Toledo. Research interests include behavioral medicine.     

Most-favored-nation clauses in commercial contracts: legal and economic analysis and proposal for a guideline

The prevalent use of “most favored nation” (MFN) clauses in commercial agreements has garnered significant attention in the economics and legal literature and by practitioners and enforcement agencies. From an antitrust standpoint, there is a strong consensus that while MFN provisions can lead to procompetitive outcomes or at least play a competitively neutral role, they may also result in competitive harm and a loss of consumer welfare. Therefore, US and EU enforcement agencies and courts have held that MFNs should be reviewed on a case-by-case basis, considering the specific characteristics of both the contractual provision and the industry. While a case-by-case approach is valid, it is not ideal from a variety of standpoints: that of the competition authorities seeking to make best use of their limited resources and that of practitioners seeking to advise their clients. Accordingly, published guidelines on the use of MFNs, containing presumptions and safe harbors, would be both efficient and useful. The paper argues that it would increase the efficiency and accuracy of antitrust enforcement if one of the leading competition authorities issued MFN guidelines. The paper suggests a set of presumptions and safe harbors that should be included in any such guidelines.