Judges' Race and Judicial Decision Making: Do Black Judges Sentence Differently?

Objective. This study examines the effects of race of judge on sentencing decisions. Do black judges sentence offenders more severely/leniently than white judges, and do they use similar/different criteria in their decision making? Methods. Data are derived from two sources: (1) sentencing outcomes in Pennsylvania from 1991 to 1994 and (2) archival data on judge characteristics, such as race and time on the bench. Logit models were used to assess the effects of judges' race on the in/out or incarcerative decision, and ordinary least squares models were used to assess the effects on the length‐of‐term decision. Results. Results showed that black and white judges weighted case and offender information in similar ways when making punishment decisions, although black judges were more likely to sentence both black and white offenders to prison. Conclusions. The greater harshness of black judges suggests they may behave as “tokens” or that they have greater sensitivity to the costs of crime, in particular, within black communities. Although there were small race‐of‐judge effects, there also was much similarity in sentencing practices—suggesting that the job, not so much the individual, apparently makes the “judge.”     

Further Evidence of Racial Disparities in Drug Court Outcomes: Enhancing Service-Delivery to Reduce Criminal Recidivism Rates for Non-White Participants

Abstract

The first drug court began in 1989, and since their inception, they have expanded to over 3,000 in the United States and United States territories. The long-term goal of drug courts is to reduce criminal recidivism rates for nonviolent offenders who have substance use disorders. This study adds to the literature by using secondary data to compare criminal recidivism rates between drug court participants (n?=?163) and probationers who had diagnosed substance use disorders and arrests that were eligible for drug court but they did probation instead (n?=?185). Criminal recidivism was measured up to 36?months post drug court/probation discharge, which provides a more accurate assessment of the long-term effectiveness of drug court. Furthermore, this study identified which drug court participants were most likely to recidivate. Drug court participants were less likely to recidivate than the probation group. However, differences between the two groups may have contributed to the difference in criminal recidivism rates and also suggest that screening criteria may exclude some non-White participants from drug court. Non-white participants were more likely to recidivate than their White counterparts. Implications for future research and drug court practice are discussed, focusing on enhancing the service-delivery of education and employment opportunities to non-White drug court participants.     

The development of policy on international student welfare and the question of crisis response

The global market in international education has grown almost without interruption over several decades. Increases in international student enrolments in Australia have been among the most impressive in the world, though they declined between 2010 and 2013. The decline was attributable to exchange rate movements and changes to student visa regulations, though an additional factor lay in reputational fallout from a series of violent physical attacks on Indian students, mostly in 2009. In response, Australian federal and State governments undertook diplomatic trips to India, established a raft of public inquiries to investigate the broader question of international student welfare, and made policy changes. Utilising the literature on public policy “crises”, this paper presents government responses to the 2010–2013 downturn in terms of managing a “long‐shadow crisis” (Boin et al., The Politics of Crisis Management: Public Leadership Under Pressure; Cambrtidge University Press, 2005), which typically emerges quickly but has major political consequences, is only seen to be resolved incrementally, and calls for policy change rather than fine‐tuning in response. The adequacy of the policy response to the crisis is not discussed. The article suggests that the crisis and the response acted to elevate the status of international education as an area of policy in general, though not as a mainstream area of social policy.     

‘We’re Civil Servants’: The Status of Trauma-Informed Care in the Community

ABSTRACT

Trauma-informed care (TIC) in social service organizations means that the organizations operate with the understanding that everyone involved has possibly experienced trauma in their lifetime. This qualitative study examined local service organizations’ usage of the 5 main principles of TIC: safety, trustworthiness, collaboration, empowerment, and choice (as developed by Fallot & Harris, 2006). Ten focus groups (n = 69) and 6 individual interviews (n = 6) with employees from administration through management were interviewed such that almost all facets of each agency were represented. The participants were asked about their agencies’ policies and practices for utilizing the 5 principles of TIC. The results suggest that the vast majority of organizations in this study implemented many of the principles of TIC with clients, though they had not labeled their practices as “trauma-informed.” However, although clients were receiving TIC, some of the principles were neglected as they pertain to staff, such as choice and empowerment. The findings of this study suggest that agencies are unaware of the relevance of TIC as it relates to staff. It is recommended that future research examine whether the use of TIC in agencies prevents “burnout,” high turnover rates, and vicarious traumatization of staff.     

Intergroup Contact: Using Storytelling to Increase Awareness of Lesbian and Gay Older Adults in Long-Term Care Settings

ABSTRACT

Due to societally imposed stigmatization, lesbian and gay (LG) older adults fear and prolong accessing long-term care (LTC) even though they need LTC at higher rates. Interventions that decrease negative attitudes toward LG older adults among LTC staff are a first step in addressing this problem. In this study, the influence of intergroup contact (IGC) on LTC staff members’ attitudes toward LG was explored through the use of storytelling as a training mechanism. An embedded mixed-method approach was employed to collect and analyze responses of 60 LTC staff who participated in a storytelling event. Participants completed pretests, posttests, and participated in audio-recorded group discussions. The findings showed that storytelling had a significant (p =0.001) and positive effect (d =0.57) on participants attitudes toward LG. Qualitative analysis revealed 90 codes, 13 process codes, and 4 themes: making meaning of stories, seeking understanding, application to LTC setting, and debating. When guided by IGC theory, storytelling has potential for positively influencing attitudes of LTC staff members toward LG older adults. There is a need for longitudinal work to further test this model.     

Brokering Interests: The Use of Market-Based Policies by Interest Groups

Objective. This article begins the process of broadly evaluating the role of nongovernmental actors in regulatory markets by specifically examining environmental groups’ use of the sulfur dioxide (SO2) market established by Title IV of the Clean Air Act Amendments of 1990. This research posits that the use of nonexclusionary markets in environmental quality regulation allows interest groups a nonpareil opportunity to seek to directly affect policy outcomes. Methods. This article uses two forms of analysis. The first part of the article provides a qualitative analysis of the motives of interest groups that use incentive‐based policies in an attempt to achieve their desired policy outcomes. The last section of the article uses empirical data from the Environmental Protection Agency's Allowance Tracking System to evaluate interest groups’ use of market‐based policies. Results. The use of market‐based mechanisms in public policies offers interest groups a new form of participation in the policy process, yet it seems that only “new” groups are willing to enter the market. Further, I find that though the participating groups may not be able to affect the relative price of allowances (as they claim they will), they nonetheless are able to reduce the absolute number of allowances available. Finally, using market‐based policies to achieve their preferred outcomes may be a “rational” decision for groups in that the “return” on their investment may indeed be quite high. Conclusions. One aspect of pollution markets is clear—they do create an interesting new mechanism of public activism for groups that wish to protect the environment but do not want to “lobby or litigate.” By purchasing pollution allowances groups attempt to directly affect environmental policy outputs without entering the policy cycle as it has been previously understood. As market‐based policies are employed more broadly, opportunities accorded to environmental groups for active involvement in seeking to limit ambient pollutants, as well as the groups’ potential impact, may only expand.     

The Key to Precise Poverty Alleviation Rests in the Precise Indentification of Impoverished Populations—An Analysis of the Targeting Effectiveness of China’s Rural Dibao Program

The success of the poverty elimination program, as an important element in the strategy of building a moderately prosperous society in all respects by 2020, depends on the accurate identification of the population living in poverty. An analysis of 2013 data from the China Household Income Project (CHIP 2013) shows that in terms of the income-based poverty line, the targeting of the current rural minimum living standard guarantee or subsistence allowance program (dibao) program is very imprecise; it improves with the use of multidimensional poverty criteria, but coverage remains poor. In order to unify the criteria for the rural poverty alleviation (fupin) criteria and the dibao criteria, a uniform set of national criteria should be established. This should shift from income as the sole criterion to multidimensional criteria, so that a uniform scheme can be developed to identify those in need. At the same time, the coverage of the dibao program should be extended and the transfer amounts increased, so that the scheme genuinely covers all of the target population in rural China.     

Does Counting Count for 3‐ to 4‐year‐olds? Parental Assumptions about Preschool Children's Understanding of Counting and Cardinality

Research indicates that children do not typically understand the connection between counting and cardinality for several months after learning to count, yet parents speak to 3‐year‐olds as though they already understood the significance of counting. The present research was designed to investigate mothers’ awareness of the discrepancy between children's procedural and conceptual mastery of counting. In Study 1 mothers of a hundred 3‐ to 4¹/₂‐year‐olds completed an anonymous questionnaire asking them to anticipate how their child would respond to a series of real‐life vignettes based on widely used experimental measures of cardinal understanding. Most anticipated that their child, irrespective of age, would (1) understand the significance of the last word of a count, and (2) be able accurately to give a specified non‐subitizable number of objects. Comparison with the performance of 54 children from the same local population supported the hypothesis that parents overestimate children's understanding of the cardinal significance of counting. Mothers reported a range of impromptu number‐related activities in which their child had recently participated at home; most of these involved simple procedural counting. In Study 2, 35 mothers of 3‐ to 4¹/₂‐year‐olds completed a modified questionnaire concerning procedural aspects of counting as well as cardinality; their responses were then compared with the performance of their own children. Again, mothers overestimated their children's cardinal understanding, but this was shown not to be a result of a general tendency to overestimate their counting abilities. It is suggested that preschoolers’ counting generally occurs during joint activities in which caregivers may be unaware of the support that they provide, and, provided that the jointly executed count procedures are error‐free, parents implicitly assume a ‘common knowledge’ regarding the cardinal significance of counting.     

The Social Composition of China's Private Entrepreneurs: Class and Cohort Differences*

On the basis of survey data on Chinese private enterprises over the years, we try to respond to the classic subject of “the social composition of private entrepreneurs (siyingqiyezhu 私营企业主).” In nearly forty years of development, the overall composition of private entrepreneurs has undergone major changes. The group contains a growing proportion of people who have a market background and higher education and are non-political CPCs. On further classifying the occupational mobility of private entrepreneurs into categories such as “xiahai 下海” (jump into business), “gaizhi 改制” (restructuring), “kuajie 跨界” (crossover), “tiaoban 跳板” (springboard) and “caogen 草 根” (grassroots), we find there are significant differences in the occupational mobility of entrepreneurs in large, medium, and small enterprises in terms of what they did before they founded their businesses. In particular, entrepreneurs in large enterprises are more likely to have “jumped into business” from inside the government system or after restructuring, while most small and medium entrepreneurs develop outside the system. Multiple regression and coefficient clustering analysis shows that education level and political status have varying effects on the occupational mobility of entrepreneurs in terms of class and cohort.     

A decision theoretic model of the American war in Vietnam

This paper presents a decision theoretic model of the American side of the Vietnam war. That is, we only consider the U.S. government declared objectives and assign them utilities from that point of view. We assume that the involvement of the U.S. in this war was the outcome of a deliberate decision and, moreover, that this decision was taken on the basis of a careful weighing of goals and means. Hence decision theory is applicable in this case - and probably it was applied. We make hypotheses on the utilities of the goals and on those of the negative side effects. We also assess the probabilities of the four main possible courses of action available to achieve those goals: total war, advising, negotiating, and staying out. The total efficiencies of these turn out to be -0.30, -0.20, +0.51, and -0.11 respectively. This result explains why neutrality was not tried and why the advisory policy was eventually given up. But it does not explain why war, which has been not just inefficient but countereffective, was preferred over negotiating from the start or keeping neutral. Unless of course one assumes that the strategists either (a) paid no attention to any decision theoretic models or (b) used models that had fatal flaws. If the first alternative is discarded because of the prestige enjoyed by decision theory amongst American executives, we must conclude that the decision theoretic models employed by the U.S. high command had either of the following defects: (a) they ignored or underrated the negative side effects accompanying the implementation of every goal, or (b) they were not supplemented by mathematical models of the decisions likely to be made by the other side. In either case the decision to adopt the strategy with minimal expected utility was, at best, rational but extremely ill informed. It may have been one more victory of ideology over science.     

No-betting Pareto under ambiguity

It has been argued that Pareto-improving trade is not as compelling under uncertainty as it is under certainty. The former may involve agents with different beliefs, who might wish to execute trades that are no more than betting. In response, the concept of no-betting Pareto dominance was introduced, requiring that putative Pareto improvements must be rationalizable by some common probabilities, even though the participants’ beliefs may differ. In this paper, we argue that this definition might be too narrow for use when agents are not Bayesian. Agents who face ambiguity might wish to trade in ways that can be justified by common ambiguity, though not necessarily by common probabilities. We accordingly extend the notion of no-betting Pareto dominance to characterize trades than are “no-betting Pareto” ranked according to the maxmin expected utility model.

     

Facing the Future: America's Post-multiculturalist Trajectory

America's multicultural struggles are now relatively dated. The policies about which multicultural‐type struggles now occur are quite modest (compared, for instance, with the much more extensive measures implemented in Canada and Australia). The reforms of the 1960s not only heralded unexpected consequences (such as the growth of the Asian and Latino populations) but were unavoidable if the US polity was to satisfy the basic criteria of democracy. These civil rights reforms and connected public policy measures, such as affirmative action or multicultural educational curricula, shape US politics—but in a way which interacts more genuinely with the country's vast diversity of peoples. Group‐based divisions are deep and enduring but they are expressed in an individualist political culture whose political institutions are responsive to individualist‐based demands, even when these demands are expressed through group loyalties.     

Conspiracy to corrupt public morals and the ‘unlawful’ status of homosexuality in Britain after 1967

The common law offence of conspiracy to corrupt public morals has a long though controversial history in English law. It was a charge mainly employed against obscenity, procuring prostitution, keeping a disorderly house, public indecency and public mischief. These could be interpreted by the courts as facets of a single offence known as conspiracy to corrupt public morals. The charge was used intermittently in the twentieth century, mainly against the arrangement of prostitution and ‘disorderly houses’ used by homosexual men. It was applied again in 1960 in the Ladies Directory case and was subsequently used against gay men who advertised for friends and partners in the underground magazine International Times (IT). The prosecution of IT was based on the legal principle that certain forms of ‘outrageously immoral’ conduct were in themselves corrupting of public morals, whether such conduct was legal or not. This principle placed male homosexuality in the legal category of ‘unlawful’ or ‘wrongful’ acts. In that sense, even after the decriminalization of homosexuality between men in 1967, it still had an uncertain legal status. Conspiracy to corrupt public morals cast a shadow over early attempts to create a gay civil society that was partly based on magazines and personal advertising. For conservative critics of the 1967 Act, conspiracy charges had the useful effect of curtailing public expressions of homosexuality.     

Lone Parents and Civil Law: Their Experience of Problems and Their Advice-seeking Behaviour

The percentage of dependent children living in lone‐parent families has more than tripled in Britain over the last 30 years. Though there is much diversity within this lone‐parent population, there are common experiences and characteristics. Lone‐parent families tend to be headed by women, to be poor, on benefits and experience problems with ill health and disability. This paper examines lone parenthood in the context of the experience of justiciable problems (problems for which there is a potential legal remedy), drawing upon a large‐scale survey of 5,611 people representative of the population of England and Wales. The survey included 223 lone parents, who were likely to be female, to be living in rented accommodation, to be on a low income, to be economically inactive and to be in receipt of benefits. Lone parents were significantly more likely than others to have experienced a justiciable problem. Lone parents sought advice for their problems more often than others, particularly from solicitors, even after controlling for problems experienced. Lone parents were more likely than others to receive legal‐aid funding. Lastly, lone parents found trying to resolve problems particularly stressful, though they tended to believe that their life had improved as a consequence of doing so.     

The role of antenatal and postnatal maternal bonding in infant development: A systematic review and meta‐analysis

The purpose of this study was to systematically review the empirical literature on maternal bonding and associations with infant physical, psychological, and social development. Nineteen articles met inclusion criteria and were included in a qualitative synthesis (79 effect sizes); 15 articles were suitable for aggregation in a series of 14 meta‐analyses (51 effect sizes). All mean effects were in the expected direction, with higher maternal bonding contributing to infant developmental outcomes, including higher attachment quality (r = .35) and parent‐reported lower colic rating (r = .22), easier temperament (r = .19), and positive infant mood (r = .27). Consistent with theoretical explanatory models, the review provides support for the hypothesis that maternal bonding plays a role in fostering more optimal infant development. The review also identifies a paucity of empirical work on this topic and provides directions for future research.     

Moral distress among social workers: The role of insufficient resources

The present study examined moral distress among Finnish social workers and the role of perceived resource insufficiencies in explaining it. The aim was to shed light on this understudied phenomenon in the field of social welfare. The study focused on work‐related moral distress, defined as impaired wellbeing that is connected to the continual inability to implement actions that one considers morally appropriate. The survey data were collected with an electronic questionnaire between the years 2011 and 2012. The respondents (n = 817) were social workers in the public social welfare services and the overall response rate was 46.5 per cent. Nearly 11 per cent of the respondents reported experiencing moral distress and perceived resource insufficiencies strongly explained this experience. Moreover, social workers with moral distress reported that they were less willing to continue in their post, were more frequently on sick leave and had positive work‐related experiences less often than their colleagues who did not experience moral distress. Key Practitioner Message: ● The concept of moral distress is useful in describing the experiences of social welfare workers when they are unable to practise their profession according to their moral code and the emotional burden related to this inability; ● Perceived resource insufficiencies are strongly associated with experiences of moral distress among frontline social workers; ● Social workers experiencing moral distress are less willing to continue in their work, take sick leave more often and less frequently have positive experiences related to their work.     

The Role of Respect in the Relation of Aggression to Popularity

Can aggressive children be popular with peers? Generally, sociometric popularity (liking nominations) has been shown to be negatively associated with aggression, and perceived popularity (popularity nominations) has been shown to be positively associated with aggression. The thesis of the present research was that being respected by peers moderates the relation between aggression and popularity. For both third‐ through sixth‐grade boys (N = 107) and girls (N = 117), perceived popularity by peers was positively associated with nominations for aggression (both overt and relational) only for children high in respect. Aggression was negatively associated with sociometric popularity for girls who were low in respect; sociometric popularity for girls high in respect was not related to aggression nominations. In sum, aggressive children were considered to be popular only if they were respected; aggressive girls were not disliked if they were respected.     

Action Bias and Environmental Decisions

Individuals have a penchant for action, often for good reasons. But action bias arises if that penchant is carried over to areas where those reasons do not apply, hence is nonrational. Action bias is explored theoretically, and then empirically, using data from surveys of hypothetical environmental decisions. Quite apart from agency considerations, individuals like to affect outcomes when gains are reaped. Given the ability to help one of two sites, we find that decision makers choose to foster improvement rather than prevent deterioration, despite framing that makes it arbitrary which site is improved, which preserved. Strong action bias—individuals choosing to reap gains even though they must impose losses—is also observed. These concepts are related to loss aversion, status quo bias, omission bias for losses, and bright-line behavior.     

Mutual Contributions of Individuals, Partners, and Institutions: Planning to Remember in Girl Scout Cookie Sales

This paper argues that planning entails distributed, mutual contributions of individuals, their social partners, and their community institutions. We suggest that these mutually involved contributions can be viewed through shifts in focus of analysis, contrasting with analyses of cognitive development that treat individuals as though they exist apart from their social and cultural worlds. We illustrate this argument with a study examining the distributed nature of planning to remember in a complex everyday task. We investigated the personal, interpersonal, and institutional cognitive contributions of 16 Girl Scouts, their mothers and customers and other companions, and institutions (the national organization and the cookie company) in keeping track of deliveries and planning collection of money in Girl Scout cookie sales and deliveries. The article also discusses an analytic methodology (Functional Pattern Analysis) for abstracting findings from the details of rich ethnographic data. Individual scouts, their mothers, customers, and the scouting organization and cookie company all played significant roles in keeping track of progress. In particular, tools and supports provided by the cookie company played a key role in organizing the cognitive tasks, and the scouts collaborated in planning with other people (usually their mothers and customers). Our findings illustrate the importance of examining contributions beyond those of the individual, while still recognizing the active roles of individuals in thinking. We argue that conceiving of individual, interpersonal, and institutional/cultural contributions as mutually constituting aspects of cognitive activities supports this aim beyond the usual focus on separate individual and ‘external’ factors.