Eyes wide shut? Reforming and defusing checks and balances in Argentina

How effective are autonomous audit agencies (AAAs) in curbing corruption and improving fiscal governance in emerging economies? AAAs are autonomous oversight agencies tasked with scrutinising government finances. However, they are not as effective as they could or should be, partly because of the political constraints they face and the political economy context in which they are embedded. This article assesses the performance and trajectory of the Argentine AAA. It suggests that AAAs can have only a limited impact when formal fiscal institutions are undermined by informal practices and undercut by adverse political incentives. It further highlights the limits of radical reform strategies based on the import of exogenous institutional models. This research has important research and policy implications for the reform and strengthening of AAAs in developing countries. Copyright © 2007 John Wiley & Sons, Ltd.     

The effects of executive constraints on political trust

This article explores political trust, delving into its subcomponents and the relationship between them. It is interested in explaining why governmental trust and trust in regulative state institutions are similar in some countries and different in others. It argues that the variation can best be explained by checks on the executive. This is the case because the more restricted the executive, the less regulative state institutions are affected by the fluctuations in governmental trust. When the government cannot encroach upon state institutions, the impartiality and efficacy of regulative institutions are maintained. The less governmental interference to regulative state institutions, the more such institutions will be devoted to the public rather than partisan interests, resulting in a wider gap between state and government trust. The argument is tested through an empirical analysis of a cross-national panel data based on all existing waves of the World Values Survey.     

台湾地区的刑事卷宗制度及其借鉴意义

台湾地区通过审前程序中的权力制约和权利保障来保障卷宗信息的全面、可靠。传闻证据规则的确立和庭审中心的奉行,有效地保障了被告的诘问权和实体真实的发现。台湾刑事卷宗制度的借鉴意义在于:刑事卷宗制度不能废除;应当在四个方面对大陆的刑事卷宗制度进行正当化改造。     

完善党的地方纪检体制及监督机制的思考

本文遵循党中央关于改革和完善党的纪检体制的理论原则及基本思路,着重就完善党的地方纪检体制提出了理性思考,并对进一步完善监督工作机制提出了具体建议。     

THE LANGUAGE OF STIGMATIZATION AND THE MARK OF VIOLENCE: EXPERIMENTAL EVIDENCE ON THE SOCIAL CONSTRUCTION AND USE OF CRIMINAL RECORD STIGMA

After years of stagnation, labeling theory has recently gained new empirical support. Simultaneously, new policy initiatives have attempted to restructure criminal record stigma to reduce reintegration barriers, and subsequent recidivism, driven by labeling. For example, in a recent Department of Justice (DOJ) language policy, person‐first terms (e.g., “person with a conviction”) were substituted for crime‐first terms (e.g., “offender”). The Equal Employment Opportunity Commission has also issued guidelines to structure how decision‐makers use criminal records. Unfortunately, little is currently known about the social construction and use of criminal record stigma or the potential effects of such policy changes. In the current study, we provide two unique empirical tests. In study 1, we examine the social construction of stigma by testing DOJ's language policy with experimental data from a nationally representative sample of American adults (N = 996). In study 2, we use a separate nationwide experiment (N = 1,540) to examine how the contextualization of criminal records influences social exclusion decisions. Across both studies, we find consistent evidence of a “mark of violence.” The public perceives that individuals with violent convictions are the most likely to commit future crimes, and it is more supportive of excluding these individuals from employment. Crime‐first terms exacerbate perceived recidivism risk for individuals with violent convictions.     

试论依法行政原则在我国的发展

依法行政原则自传到我国并发展至今具有两个特点：一是依法行政原则有广义和狭义两种理解,而且官方文件普遍采用广义理解;二是对＂法＂的理解,在实践中对行政法规或规章的过于强调,对行政立法及行政自由裁量权监督的忽视和缺乏。通过对这两个特点以及二者之间存在的矛盾进行分析后,本文认为,我国目前的关键任务是摆脱寄希望于行政机关自觉依法行政的惯性思维。     

REDEMPTION IN THE PRESENCE OF WIDESPREAD CRIMINAL BACKGROUND CHECKS*

Criminal background checks have now become ubiquitous because of advances in information technology and growing concerns about employer liability. Also, a large number of individual criminal records have accumulated and have been computerized in state repositories and commercial databases. As a result, many ex‐offenders seeking employment could be haunted by a stale record. Recidivism probability declines with time “clean,” so some point in time is reached when a person with a criminal record, who remained free of further contact with the criminal justice system, is of no greater risk than a counterpart of the same age—an indication of redemption from the mark of crime. Very little information exists on this measure of time until redemption and on how its value varies with the crime type and the offender's age at the time of the earlier event. Using data from a state criminal‐history repository, we estimate the declining hazard of rearrest with time clean. We first estimate a point of redemption as the time when the hazard intersects the age–crime curve, which represents the arrest risk for the general population of the same age. We also estimate another similar redemption point when the declining hazard comes “sufficiently close” to the hazard of those who have never been arrested. We estimate both measures of redemption as a function of the age and the crime type of the earlier arrest. These findings aid in the development of guidelines for the users of background checking and in developing regulations to enhance employment opportunities for ex‐offenders.     

新《刑事诉讼法》视野下指定居所监视居住之审视与检察规制

新《刑事诉讼法》的立法初衷将监视居住从非羁押性强制措施转变为减少羁押的替代性措施，但具体的条文设计却使监视居住制度产生了内部的分裂：在嫌疑人、被告人自己住所执行的监视居住可以被认为是一种非羁押性的强制措施，但指定居所的监视居住却演变为一种准羁押性的强制措施。我们应立足司法实践，以程序正义与人权保障的价值博弈为切入点，以构建刑事强制措施体系的层次性、完整性为视角，提出通过加强检察机关的监督使该项制度更加完善与更加具有可操作性。     

THE EFFECT OF CRIMINAL BACKGROUND CHECKS ON HIRING EX‐OFFENDERS*

Research Summary The rapid increase in the nation's incarceration rate over the past decade has raised questions about how to reintegrate a growing number of ex‐offenders successfully. Employment has been shown to be an important factor in reintegration, especially for men over the age of 27 years who characterize most individuals released from prison. This article explores this question using unique establishment‐level data collected in Los Angeles in 2001. On average, we replicate the now‐common finding that employer‐initiated criminal background checks are negatively related to the hiring of ex‐offenders. However, this negative effect is less than complete. The effect is strongly negative for those employers that are legally required to perform background checks, which is not surprising because these legal requirements to perform checks are paired with legal prohibitions against hiring ex‐offenders. However, some employers seem to perform checks to gain additional information about ex‐offenders (and thus hire more ex‐offenders than other employers), and checking seems to have no effect on hiring ex‐offenders for those employers not legally required to perform checks. Policy Implications One public policy initiative that has received considerable attention is to deny employers access to criminal history record information, which includes movements to “ban the box” that inquires about criminal history information on job applications. The assumption underlying this movement is that knowledge of ex‐offender status leads directly to a refusal to hire. The results of this analysis show that policy initiatives aimed at restricting background checks, particularly for those firms not legally required to perform checks, may not have the desired consequences of increasing ex‐offender employment. This result is consistent with an alternative view that some employers care about the characteristics of the criminal history record and use information about criminal history in a more nuanced, nondiscrete way.     

Safeguarding Vulnerable Groups Act 2006: the implications for employers in educational settings

Vetting those who work with children and vulnerable adults is an emotive topic and one which can prove a challenging area for employers. The legitimate interest that parents, carers and employers have in screening those charged with the care of others can be in direct conflict with the most fundamental principles of economic freedom and employees’ human rights. The desire to balance these conflicting objectives is at the heart of the Safeguarding Vulnerable Groups Act 2006, which introduces what is being heralded as the most inclusive and comprehensive vetting and barring system to date. The changes dramatically widen the scope of workers who are subject to vetting and barring processes, covering employees, volunteers and contractors in the education, care and health industries, and affecting some 11.3 million people in the UK. This new scheme is of particular relevance and importance to schools and other educational institutions, who will be directly affected by the changes. This article will examine the practical employment implications of the new regime and the new obligations that the Vetting and Barring Scheme creates for both employers and employees.