Inmates' perceptions of determinate and indeterminate sentences

The movement to replace indeterminate with determinate sentencing is among the most important recent developments in the criminal justice field. While the views of citizens and scholars on the subject have been widely promulgated, little is known about those of the ultimate “consumers” of sentencing reform, namely, inmates. This article examines the views of a systematic sample of inmates in a maximum security institution in Massachusetts. Subjects' opinions were sought on the relative merits of the two typs of sentencing, and possible behavioral and deterrent effects of a proposed switch to determinate sentencing. More inmates were found to be either opposed to or undecided about than in favor of determinate sentencing.     

Generating possibilities

Our knowledge of the most basic alternative possibilities can be thought of as generated recursively from what we know about the actual world. But what are the generating principles? According to one view, they are recombinational: roughly, alternative possibilities are generated by “patching together” parts of distinct worlds or “blotting out” parts of worlds to yield new worlds. I argue that this view is inadequate. It is difficult to state in a way that is true and non-trivial, and anyway fails to account for our knowledge that there might have been other things, properties, relations, and combinations of these than there actually are. I sketch and defend an alternative view based on the distinction between determinable and determinate properties: roughly, alternative possibilities are generated by “intra-determinable” variation, variation from one determinate to another of the same determinable.     

Guidelines are not enough: The need for written sentencing opinions

Guideline sentencing systems, including the new federal guidelines, have not settled on a clear conception of when and how a trial judge should explain sentences. Indeterminate sentencing systems did not have a tradition of written sentencing decisions and recent sentencing reforms do not focus on the trial judge's role. This article suggests the many advantages of written sentencing opinions. Initial experience under the federal sentencing guidelines bolsters the conclusion that written sentencing opinions in appropriate cases—including both sentences “within” guidelines and guideline “departures”—are the next step in the evolving law of sentencing and the best way to recognize trial judges as an essential engine of principled change.     

Race, youth violence, and the changing jurisprudence of waiver

This article analyzes the legal history and jurisprudential theory of legislative offense-exclusion and prosecutorial waiver laws over the past quarter-century. Initially concerns about racial discrimination and civil rights motivated the Supreme Court in Kent v. United States to require due process in judicial waiver hearings. Offense-exclusion and "direct file" laws evolved and expanded in direct reaction to Kent as lawmakers sought simple and expedient alternatives to judicial waiver hearings. The "just deserts" sentencing movement of the 1970s, which advocated determinate and presumptive offense-based sentences, provided a conceptual alternative to judicial discretion and a jurisprudential rationale for offense exclusion laws. Research on delinquent and criminal careers in the 1970s, which initially promised empirically grounded selective incapacitation sentencing strategies, provided another conceptual foundation for offense-based waiver laws that focused on youths' prior records. Finally, offense exclusion provided a politically attractive strategy for "get tough" public officials who proposed to "crack down" on "baby boom" increases in youth crime. The jurisprudential shift in sentencing emphases from considerations of the offender to characteristics of the offense relocated waiver and sentencing discretion from judges to prosecutors. By the early 1990s, as a result of political "crack-downs" on youth crime, the scope of excluded offense legislation increased substantially, became overly inclusive and excessively rigid, and exhibited many of the negative features associated with mandatory sentencing laws.     

Examining the link between institutional and community violence: Toward a new cultural paradigm

New explanations of cultural processes are sought, in part, because existing hypotheses are at odds with new wave contemporary empirical findings. Namely, a growing body of scholarship calls into question the “racial invariance” hypothesis proposed by Sampson and Wilson (1995), particularly as it applies to Latinos. Based on these findings, it stands to reason that culture, in addition to structure, may be a property of communities that helps to explain racial/ethnic involvement in crime. This article explores the link between institutional and community violence, and then compares traditional perspectives on the influence of culture on violence (e.g. Wolfgang and Ferracuti’s subculture of violence) with newer, more dynamic conceptualizations of the cultural influence of violence in both institutional and community settings (e.g. Sampson and Bean’s relational theory of culture). The authors consider how both institutional and community violence may be explained using a new cultural paradigm, which moves beyond traditional views of “culture as values” to a new relational theory of “culture in action”. They present a model for understanding, and researching, culture that is based on the notion that value systems in institutions and neighborhoods influence one another. Offering examples from recent research on prison culture, they examine the key dimensions of this new cultural paradigm, which describes culture as “intersubjective, performative, cognitive, relational, and world-making”. The authors conclude that further examination of the reciprocal relationship between institutional and community culture is needed before we can begin to consider the policy implications of the “culture in action” paradigm.     

Statutory sex crime relationships between juveniles and adults: A review of social scientific research

This paper reviews the social scientific literature about non-forcible, voluntary sexual relationships between adults and juveniles, what we have termed “statutory sex crime relationships” or “statutory relationships.” In the available literature, the topic is poorly defined and the research weak, but there are clearly a diverse variety of contexts and dynamics to such relationships. We detail a wide-ranging set of issues on which more research is needed to guide social policy and practice.     

Pragmatic Contextualism

Contextualism in epistemology has traditionally been understood as the view that “know” functions semantically like an indexical term, encoding different contents in contexts with different epistemic standards. But the indexical hypothesis about “know” faces a range of objections. This article explores an alternative version of contextualism on which “know” is a semantically stable term, and the truth‐conditional variability in knowledge claims is a matter of pragmatic enrichment. The central idea is that in contexts with stringent epistemic standards, knowledge claims are narrowed: “know” is used in such contexts to make assertions about particularly demanding types of knowledge. The resulting picture captures all of the intuitive data that motivate contextualism while sidestepping the controversial linguistic thesis at its heart. After developing the view, the article shows in detail how it avoids one influential linguistic objection to traditional contextualism concerning indirect speech reports, and then answers an objection concerning the unavailability of certain types of clarification speeches.     

Social Support,Loyalty to Delinquent Peers,and Offending: An Elaboration and Test of the Differential Social Support Hypothesis

While most research focuses on the positive effects of social support on adolescent development, Cullen hypothesizes that social support may promote crime and delinquency under certain conditions. Specifically, when social support is derived from deviant sources, it may promote offending behavior. In this study, we test an elaborated version of this “differential social support” hypothesis. The results indicate that, among adolescents who associate with delinquent peers, peer social support is associated with an increase in delinquent behavior. These findings highlight the potential “dark side” of social support. Implications for criminological theory and crime control policy are discussed.     

An Immodest Proposal: Foucault,Hysterization, and the “Second Rape”

This article places Foucault's 1977 suggestions regarding the reform of French rape law in the context of ongoing feminist debates as to whether rape should be considered a sex crime or a species of assault. When viewed as a disciplinary matrix with both physical and discursive effects, rape and the rape trial clearly contribute to the “hysterization” of women by cultivating complainants' confessions in order to demonstrate their supposed lack of self-knowledge.     

Enforcing Christian Nationalism: Examining the Link Between Group Identity and Punitive Attitudes in the United States

This article examines whether the convergence of an individual's religious and national identities promotes authoritarian attitudes towards crime and deviance. Drawing on theories of social control and group conformity, as well as Christian nationalism's influence on intolerance toward out‐groups, I argue that the inability to distinguish between religious and national identities increases desire for group homogeneity and therefore increases willingness to utilize formalized measures of social control. Analysis of 2007 Baylor Religion Survey data demonstrates that adherence to Christian nationalism predicts three indicators of authoritarian views toward controlling crime and deviance: support for capital punishment, stricter punishment for federal crime, and for society to “crackdown on troublemakers.” These effects are robust to the inclusion of a comprehensive battery of 20 socioeconomic, political, and religious controls, and are consistent with previous research on Christian nationalism showing it is not religious commitment or traditionalism per se that leads to intolerant attitudes, but rather the conflation of one's religious identity with other social identities, in this case national. These findings indicate that, beyond sociopolitical and religious influences, the belief that the United States is, and should be, a “Christian nation” increases desires for group conformity and strict control for both criminals and “troublemakers.”     

“病人选医生”是推动医院改革的重大突破

随着卫生部《关于实行病人选医生促进医疗机构内部改革的意见》文件的下发,病人选医生已经成为加快医疗卫生机构改革的一个重大突破;具体分析它在深化医疗卫生机构改革过程中实现了几个方面的重大突破：一是病人选医生是建立新型的医患关系的重大突破;二是确立“以病人为中心”的服务模式的重大突破;三是建立一种新型的评价体系的重大突破;四是建立新型医疗劳动个人收入分配制度的重大突破。     

A Case for Uncertainty in Career Counseling

This article suggests that an important aspect of the career decision-making process is the awareness that uncertainty (i.e., “1 don't know”) is normal, natural, and most likely unavoidable. The essential message of this article is that it is as useful, and even vocationally mature, to be both certain and uncertain about making a career decision.     

Beyond the Dutch “Multicultural Model”

The Netherlands has been internationally known for its multicultural approach to immigrant integration. The aim of this article is to delve into the “coproduction” by researchers and policy makers of this so-called Dutch “multicultural model”. As this article shows, researchers and policy makers have in The Netherlands been joined in several discourse coalitions. Indeed, one of these discourse coalitions supported an integration paradigm with multicultural elements, but at least two other types of discourses can be identified in The Netherlands, one of more liberal–egalitarian nature and one more assimilationist. In spite of the persistent image of The Netherlands as a representative of the multicultural model, it is in fact this multiplicity of discourses that characterizes the Dutch case. Moreover, labeling Dutch integration policies as “multiculturalist” has to be understood as a performative act by both politicians and scholars who disapprove of Dutch integration policies. In that sense, the retrospective labeling of policies as multiculturalist is a very specific kind of coproduction of a policy frame.     

Roofies,Mickies and Cautionary Tales: Examining the Persistence of the “Date-Rape Drug” Crime Narrative

This article examines the origins and persistence of the “roofies” story, a crime narrative that emerged during the mid 1990s, warning women to guard their drinks against lurking predators seeking to incapacitate and rape them. The article explores both the construction of this crime story as a panic over club drugs and its persistence as a women's cautionary tale. We argue that the roofies narrative has endured long beyond the typical crime story because it has been reified as an institutionalized and protected rape narrative that is oft-repeated and rarely challenged.     

Control blindness: Why people can make incorrect inferences about the intentions of others

There is limited evidence regarding the accuracy of inferences about intention. The research described in this article shows how perceptual control theory (PCT) can provide a “ground truth” for these judgments. In a series of 3 studies, participants were asked to identify a person’s intention in a tracking task where the person’s true intention was to control the position of a knot connecting a pair of rubber bands. Most participants failed to correctly infer the person’s intention, instead inferring complex but nonexistent goals (such as “tracing out two kangaroos boxing”) based on the actions taken to keep the knot under control. Therefore, most of our participants experienced what we call “control blindness.” The effect persisted with many participants even when their awareness was successfully directed at the knot whose position was under control. Beyond exploring the control blindness phenomenon in the context of our studies, we discuss its implications for psychological research and public policy.     

Re‐framing systemic paradigms for the art of learning

Thoughtful people are increasingly concerned that the current paradigms for social, corporate, and educational activities are in disgraceful disarray. The “problem‐solving” or analytical model, the competitive or game model, the commercial or consumer model, the bureaucratic or institutional model, and the disease or illness model which prevail in public discourse are proving to be especially unwholesome. We cannot, however, educate ourselves without paradigms. A credible educational paradigm must be generally accessible without being simplistic, informative without being monothematic, and accommodating as well as discriminating. Given our disquiet with the current cognitive situation, a renewing paradigm must be somehow novel; given the character of human nature, a sustaining paradigm must be somehow familiar.

For a very long time now, professional Sciences have committed themselves to paradigms about “reality out there,” while professional Arts have devoted themselves to expressing “imagination from within here.” The more these two worldviews polarize in opposition to one another, the more room there is—and the more human heed there becomes—for mediation by an applied philosophy which accommodates the “real” as well as the “imaginary” in a complementary way. Such a philosophy would address not only “what do you know?” and “how do you do?” but also “how do you know?” and “why do you do?” In earlier times, people would have been considered neither educated nor wise unless they appreciated the Sciences and the Arts whole. In our time, we may not survive unless we can re‐integrate our fractured perceptions. How might we proceed to do so? There may be a systemological way.     

Truth in sentencing

The Canadian Sentencing Commission released its report in 1987. The article draws on the research conducted on behalf of this commission to present a critical overview of the problems of sentencing in Canada. The reform proposed in the commission's report is also discussed. First, the U.S. and the Canadian sentencing systems are contrasted with regard to the issues of determinacy in sentencing, appellate review, and federal jurisdiction. Second, the main problems are identified, namely, disparity, the overuse of incarceration, and the gap between what the sentencing process claims to be doing and its actual operation and effects. Several instances of the divorce between appearance and reality in sentencing are provided and their impact is assessed. Third, the reform proposed by the Canadian Sentencing Commission is outlined and the consequences of adopting a model based on the principle of proportionality are underlined. The article concludes by contrasting two strategies to control the growth of prison populations.     

Meaning and Conversational Impropriety in Sceptical Contexts

According to “disjunctivist neo‐Mooreanism”—a position Duncan Pritchard develops in a recent book—it is possible to know the denials of radical sceptical hypotheses, even though it is conversationally inappropriate to claim such knowledge. In a recent paper, on the other hand, Pritchard expounds an “überhinge” strategy, according to which one cannot know the denials of sceptical hypotheses, as “hinge propositions” are necessarily groundless. The present article argues that neither strategy is entirely successful. For if a proposition can be known, it can also be claimed to be known. If the latter is not possible, this is not because certain propositions are either “intrinsically” conversationally inappropriate (as Pritchard claims in his book) or else “rationally groundless” (as Pritchard claims in his paper), but rather that we are dealing with something that merely presents us with the appearance of being an epistemic claim.     

Lost in translation: “Risks,” “needs,” and “evidence” in implementing the First Step Act

In this article, we focus on two highly problematic issues in the manner in which the First Step Act of 2018 is being implemented by the Bureau of Prisons: an uncritical separation of “dynamic risks” and “criminogenic needs”; and a spurious reliance on “evidence-based” interventions to reduce recidivism risk. We argue that if the Act is to live up to its promise of being a game-changing development in efforts to reduce crime while simultaneously shrinking mass incarceration, “needs assessment” must be subject to vastly increased empirical attention, variable and causal risk factors must be identified and validly assessed, and interventions to reduce risk must be rigorously evaluated both for their fidelity of implementation and impact on recidivism. Rather than further proliferating programs that ostensibly reduce risk, we believe that serious consideration should be given to the Bureau of Prisons offering one signature, well-established cognitive-behavioral program that can simultaneously address multiple risk factors for moderate and high-risk prisoners.