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Prosecutor-Led Bail Reform: An Observational Case Study in Philadelphia
IF 1.2 3区 社会学
Law & Policy Pub Date : 2025-01-20 DOI: 10.1111/lapo.12260
Sarah D. Jones
{"title":"Prosecutor-Led Bail Reform: An Observational Case Study in Philadelphia","authors":"Sarah D. Jones","doi":"10.1111/lapo.12260","DOIUrl":"https://doi.org/10.1111/lapo.12260","url":null,"abstract":"<div>\u0000 \u0000 <p>Jurisdictions nationwide have taken to implementing bail reform, with some pursuing the broad abolition of cash bail. Depending on the actor leading the reform, these efforts face differing obstacles to successful implementation. Philadelphia has been a leader in prosecutor-led bail reform, as the progressive District Attorney's Office (DAO) implemented its second round of reform, which attempts to simulate a no-cash bail system by limiting pretrial recommendations to either $999,999 bail or release. Drawing on observational case-level data (<i>n</i> = 96) and the framework of sociolegal gap studies, the current study aims to document the policy's application. First, by capturing departures by the DAO and agreement by judicial magistrates, the presence of a gap between the policy's vision and its implementation is detected. Second, to understand why a gap may be occurring, responses to the policy are qualitatively analyzed. Findings demonstrate that guidelines were adhered to by the DAO and agreed to by judicial magistrates in only 16.7% of cases. Qualitative results suggest that the reform faces considerable challenges in implementation, including institutional resistance/hesitation and courtroom workgroup adaptations. This research, despite its convenience sampling and limited generalizability, has significant policy implications, both within Philadelphia and for the broader progressive prosecutor movement.</p>\u0000 </div>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2025-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143117559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Implementing Equality: State (Non)compliance With Judicial Revisions to Public Policy on Gay Rights 实施平等:国家(不)遵守同性恋权利公共政策的司法修订
IF 1.2 3区 社会学
Law & Policy Pub Date : 2024-12-16 DOI: 10.1111/lapo.12259
Jordan Carr Peterson
{"title":"Implementing Equality: State (Non)compliance With Judicial Revisions to Public Policy on Gay Rights","authors":"Jordan Carr Peterson","doi":"10.1111/lapo.12259","DOIUrl":"https://doi.org/10.1111/lapo.12259","url":null,"abstract":"<div>\u0000 \u0000 <p>Because the civil rights movement accomplished many successes via litigation, advocacy communities regard courts as bulwarks against the legal enshrinement of oppression targeting vulnerable minorities. Advocates of LGBTQ equality are no different, identifying the judiciary as critical to eradicating discrimination on the basis of sexual orientation. Standing alone, however, Supreme Court holdings revising the scope of civil rights for sexual minorities represent a change in policy formulation rather than implementation. Judicially directed reformulations of public policy require cooperation by officials responsible for implementation, and compliance rates with judicial directives vary. Here, I analyze state responses to two Supreme Court decisions involving sexual minorities: <i>Lawrence v. Texas</i>, decriminalizing sodomy, and <i>Obergefell v. Hodges</i>, invalidating state same-sex marriage bans. Although adherence to <i>Obergefell</i> was swift and nearly universal, compliance outcomes for <i>Lawrence</i> have been uneven, as some states continue to enforce statutes that are materially equivalent to the “homosexual conduct” law reviewed in <i>Lawrence</i>. I argue compliance with <i>Lawrence</i> has lagged compared to <i>Obergefell</i> for the following three reasons: (1) linguistic imprecision in <i>Lawrence</i>; (2) divergent views of the right(s) at issue in each case; and (3) the absence of a federal executive regime credibly committed to the case's outcome.</p>\u0000 </div>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142861498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
“Why Would I Go Back There?”: Medical Mistrust and the Problem of Maternal Mortality
IF 1.2 3区 社会学
Law & Policy Pub Date : 2024-11-27 DOI: 10.1111/lapo.12258
Amber B. Vayo
{"title":"“Why Would I Go Back There?”: Medical Mistrust and the Problem of Maternal Mortality","authors":"Amber B. Vayo","doi":"10.1111/lapo.12258","DOIUrl":"https://doi.org/10.1111/lapo.12258","url":null,"abstract":"<div>\u0000 \u0000 <p>What if we could save lives just by listening to women? “‘Why Would I go back There?’: Medical Mistrust and the Maternal Mortality Crisis” explores this question through birth narratives from people whose experiences made them hesitant to seek out any medical care. According to the CDC, over half of maternal mortality happens after people leave the hospital, and between 60% and 80% of maternal deaths are preventable. Understanding why these parents are not seeking care is integral to ending preventable maternal deaths. While health policy advocates have developed policies to remove structural and economic barriers to postpartum services, there are still patients who will not return to the hospital, even for lifesaving care. This article explores one possible reason why. Based on interviews with over 100 people who gave birth, this article joins scholars who view medical mistrust as a fundamental barrier to policy compliance. People will only return to the hospital if they think it will be better for them to do so. With an experience-conscious view in mind, this article ends with relevant policy recommendations gathered from health programs designed to bring trust back into maternal care.</p>\u0000 </div>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143120094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
An opportunity for abolition: McCleskey, innocence, and the modern death penalty decline
IF 1.2 3区 社会学
Law & Policy Pub Date : 2024-11-22 DOI: 10.1111/lapo.12257
Clayton B. Drummond, Robert J. Norris
{"title":"An opportunity for abolition: McCleskey, innocence, and the modern death penalty decline","authors":"Clayton B. Drummond,&nbsp;Robert J. Norris","doi":"10.1111/lapo.12257","DOIUrl":"https://doi.org/10.1111/lapo.12257","url":null,"abstract":"<p>For more than two decades after Gregg v. Georgia (1976), use of the death penalty greatly expanded across the United States. Since 2000, however, it has declined significantly. Perhaps the most notable explanation for this decline is the contemporary focus on wrongful convictions. In this paper, we aim to contextualize the modern death penalty decline, and its connection with innocence, through the theoretical lens of social movements and collective action. We argue that dual opportunities reshaped the modern anti-death penalty movement. First, the McCleskey v. Kemp (1987) ruling affirmed the federal courts' resistance to abolition and inspired activists to begin shifting toward state-level political abolitionism. Activists then took advantage of the developing interest in wrongful convictions. Specifically, innocence-related abolitionist activities in Illinois reinvigorated the anti-death penalty movement, expanded the advocacy network, and fundamentally reframed the debate around capital punishment in the United States. We suggest that, collectively, these dual opportunities reshaped the anti-death penalty movement into one that emphasized strategies reaching beyond constitutionality and propelled the movement into the twenty-first century with a foundation for successful political abolitionism.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143118141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
How do institutional gender regimes affect formal reporting processes for sexual harassment? A qualitative study of UK higher education
IF 1.2 3区 社会学
Law & Policy Pub Date : 2024-10-08 DOI: 10.1111/lapo.12255
Anna Bull, Erin Shannon
{"title":"How do institutional gender regimes affect formal reporting processes for sexual harassment? A qualitative study of UK higher education","authors":"Anna Bull,&nbsp;Erin Shannon","doi":"10.1111/lapo.12255","DOIUrl":"https://doi.org/10.1111/lapo.12255","url":null,"abstract":"<p>Formal complaints and disciplinary processes constitute a mandatory aspect of organizational responses for addressing sexual harassment in many jurisdictions. However, previous research has found that reporting parties are not well served by such processes. In particular, Ahmed (<i>Complaint!</i>; 2021) argues that the institutional climate that enables harassment or discrimination to occur—including its gendered dynamics—also shapes how complaints about harassment are handled. Building on Ahmed's work, this article analyses how gender “gets into” formal reporting processes for sexual harassment within organizations. It draws on interviews with 18 students and staff who went through a formal institutional reporting process for gender-based violence or harassment in UK higher education between 2016 and 2021. Using Connell's theorization of “gender regimes,” we outline how “dimensions of gender” within organizations affected different stages of formal reporting processes, including how evidence was gathered during reporting processes, as well as how it was assessed. These findings demonstrate that gender regimes—via gender relations of power, gendered “attachments and investments,” and “gender-neutral” processes—can override formal processes and affect outcomes of sexual harassment reporting. These findings explain how gender regimes contribute to the failure of sexual harassment complaints to be upheld within organizations.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12255","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143113530","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Invisible crimes and punitive politics
IF 1.2 3区 社会学
Law & Policy Pub Date : 2024-10-02 DOI: 10.1111/lapo.12253
John-Paul Anderson
{"title":"Invisible crimes and punitive politics","authors":"John-Paul Anderson","doi":"10.1111/lapo.12253","DOIUrl":"https://doi.org/10.1111/lapo.12253","url":null,"abstract":"<p>This article develops a reconceptualization of “invisible crimes” and their relation to punitive politics. Analysis and comparison of three cases of criminalization in the United States suggests that when legislation criminalizes easily concealed, pervasive, and morally ambiguous (nondirectly victimizing) behaviors, the negative consequences disproportionately impact poor, vulnerable, and marginalized groups, while benefitting comparatively powerful groups. Normative recommendations relating to the “rule of law” are discussed.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143110963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Well said!: Professional norms and female justices' evaluation of lower court opinion text
IF 1.2 3区 社会学
Law & Policy Pub Date : 2024-10-02 DOI: 10.1111/lapo.12254
Shane A. Gleason, Krystoff Kissoon
{"title":"Well said!: Professional norms and female justices' evaluation of lower court opinion text","authors":"Shane A. Gleason,&nbsp;Krystoff Kissoon","doi":"10.1111/lapo.12254","DOIUrl":"https://doi.org/10.1111/lapo.12254","url":null,"abstract":"<p>Supreme Court justices' opinions shape the contours of case law binding throughout the United States. Importantly though, justices do not write their opinions de novo. Rather, they routinely draw on lower court judges' opinion language when crafting opinions. In doing so, justices stretch the substantive impact of lower court judges' reasoning beyond the boundaries of their circuits. However, justices do not draw equally on lower court opinions; while previous work often ties this to judges' professional qualifications, we draw on work stressing female supervisors are more likely to enforce professional norms on subordinates. We argue female justices are more likely to draw upon lower court opinions complying with professional norms because of greater implicit norm internalization over the course of their careers. We test this proposition with a quantitative textual analysis of the justices' opinions and lower court opinions. We find support for our argument. This raises normative concerns about the overall impact of greater judicial diversity.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143110964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
“(…) here I have freedom”—A study of refugees' and asylum seekers' legal consciousness in Greece: Self-identity, human rights, and expectations from European Union law
IF 1.2 3区 社会学
Law & Policy Pub Date : 2024-09-24 DOI: 10.1111/lapo.12256
Sofia Graca, Violeta Kapageorgiadou
{"title":"“(…) here I have freedom”—A study of refugees' and asylum seekers' legal consciousness in Greece: Self-identity, human rights, and expectations from European Union law","authors":"Sofia Graca,&nbsp;Violeta Kapageorgiadou","doi":"10.1111/lapo.12256","DOIUrl":"https://doi.org/10.1111/lapo.12256","url":null,"abstract":"<p>This paper adds to the existing knowledge on migration and the law by empirically exploring the legal consciousness of 33 refugees and asylum seekers in Greece, more specifically, by discussing how their experiences, self-identity and expectations of the law inform their reactions to the restrictions imposed upon them. The findings suggest that (1) legal knowledge is acquired in the countries of origin and from contact with smugglers, other migrants, law enforcement agents and staff from NGOs; (2) this knowledge allows them to forge an identity as “rights-bearers,” which (3) together with perceptions and expectations of human rights law and European Union policies on migration, (4) empower them to claim protection from the Greek state, and (5) legitimizes their actions, even if these sometimes involve subterfuge. Despite their particularly vulnerable positions, refugees and asylum seekers are, therefore, not mere passive receivers of state power, but also try to use the law to overcome adversity, in an almost game-like fashion.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12256","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"143119176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Does racial impact statement reform reduce Black–White disparities in imprisonment: Mixed methods evidence from Minnesota 种族影响声明改革是否会减少黑人与白人在监禁方面的差异:来自明尼苏达州的混合方法证据
IF 1.2 3区 社会学
Law & Policy Pub Date : 2024-07-12 DOI: 10.1111/lapo.12252
Aaron Gottlieb, Toyan Harper, Hye-Min Jung
{"title":"Does racial impact statement reform reduce Black–White disparities in imprisonment: Mixed methods evidence from Minnesota","authors":"Aaron Gottlieb,&nbsp;Toyan Harper,&nbsp;Hye-Min Jung","doi":"10.1111/lapo.12252","DOIUrl":"10.1111/lapo.12252","url":null,"abstract":"<p>Increasingly scholars have argued that, if the United States is to reduce Black–White disparities in incarceration, it is necessary to move away from race-neutral efforts and ensure that policies consider race. Despite this perspective, criminal legal policies have almost exclusively been race-neutral, with one general exception at the state level: racial impact statement reform. Although racial impact statement reform exists now in 10 states, no scholarship has empirically examined the implications of this approach for racial disparities in imprisonment. Using a mixed methods approach, we begin to fill this gap by examining the implications of Minnesota's racial impact statement reform on Black–White imprisonment rate disparities. Our quasi-experimental results do not suggest that Minnesota's reform reduced Black–White disparities in imprisonment. Our legislative analysis suggests that the null effects we observed were likely due to the fact that racial impact statements are responses to legislation that has already been proposed, and that the legislation proposed in Minnesota was not sufficient to significantly address Black–White imprisonment disparities, regardless of the extent to which these statements impacted the votes of legislators.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12252","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141612239","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline 管理者、捍卫者、先驱者和合作者:民主衰落时代的法院
IF 1.2 3区 社会学
Law & Policy Pub Date : 2024-07-09 DOI: 10.1111/lapo.12251
Michael A. Dichio, Igor Logvinenko
{"title":"Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline","authors":"Michael A. Dichio,&nbsp;Igor Logvinenko","doi":"10.1111/lapo.12251","DOIUrl":"10.1111/lapo.12251","url":null,"abstract":"<p>In this introductory essay to the special issue of <i>Law &amp; Policy</i>, “Global Perspectives on Judicial Politics and Democratic Backsliding,” we critically examine the paradoxical role of courts during episodes of democratic backsliding. Despite operating without direct democratic accountability—relying instead on legal precedents and doctrinal interpretations—courts are pivotal in defending democratic integrity during episodes of backsliding. This issue, featuring 10 articles by 15 scholars, offers a comprehensive and nuanced analysis of judicial politics of autocratization. Half of the articles deal directly with the U.S. judiciary, highlighting its unique standing that allows it to both enable and resist democratic backsliding. The other half of the issue explores case studies from Europe, Southeast Asia, and Latin America, highlighting a great deal of variability of tactics, approaches and outcomes. Published during a critical electoral year in 2024, this collection emphasizes the need for ongoing research into the judiciaries' dual capacity to both safeguard and undermine democratic norms.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"47 1","pages":""},"PeriodicalIF":1.2,"publicationDate":"2024-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12251","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141584966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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