scholarly journals The US Pretrial System: Balancing Individual Rights and Public Interests

2021 ◽  
Vol 35 (4) ◽  
pp. 49-70
Author(s):  
Will Dobbie ◽  
Crystal S. Yang

In this article, we review a growing empirical literature on the effectiveness and fairness of the US pretrial system and discuss its policy implications. Despite the importance of this stage of the criminal legal process, researchers have only recently begun to explore how the pretrial system balances individual rights and public interests. We describe the empirical challenges that have prevented progress in this area and how recent work has made use of new data sources and quasi-experimental approaches to credibly estimate both the individual harms (such as loss of employment or government assistance) and public benefits (such as preventing non-appearance at court and new crimes) of cash bail and pretrial detention. These new data and approaches show that the current pretrial system imposes substantial short-and long-term economic harms on detained defendants in terms of lost earnings and government assistance, while providing little in the way of decreased criminal activity for the public interest. Non-appearances at court do significantly decrease for detained defendants, but the magnitudes cannot justify the economic harms to individuals observed in the data. A second set of studies shows that that the costs of cash bail and pretrial detention are disproportionately borne by Black and Hispanic individuals, giving rise to large and unfair racial differences in cash bail and detention that cannot be explained by underlying differences in pretrial misconduct risk. We then turn to policy implications and describe areas of future work that would enable a deeper understanding of what drives these undesirable outcomes.

2019 ◽  
Vol 8 (6) ◽  
pp. 191
Author(s):  
Christine M. Robinson ◽  
Sue E. Spivey

This research investigates a neglected topic within both transgender studies and religious studies by analyzing ex-gay movement discourses of “transgenderism” from the 1970s to the present, focusing primarily on the US-American context. The oppression of transgender people in the US and globally is fed and fueled by the religious, scientific, and political discourses of the transnational “ex-gay” movement, which provides the ideological and material foundation of Christian Right politics. Using critical discourse analysis of ex-gay texts, we analyze the implications of these discourses in the individual, interactional, and institutional dimensions of society’s gender structure. This movement is one of the most insidious—and overlooked—sources of cisgenderism and transmisogyny today, constructing gender variance as sin, mental illness, and danger—with catastrophic consequences for transgender people, and those along the transfemale/feminine spectrum in particular. Finally, we discuss the public policy implications of these discourses.


Author(s):  
Se Woong Lee ◽  
Xinyi Mao

School principals play an invaluable role in schools’, teachers’, and students’ success; therefore, it is of particular importance that we learn, through empirical research, about the factors related to recruiting and selecting school principals. This study critically reviewed 64 empirical literature studies that were published in the United States over the past 2 decades on the topic of principal recruitment and selection. The present study examined the characteristics of the individuals who apply and are selected to join the principal workforce, as well as the characteristics of the schools and/or districts that attract potential candidates. The topics identified in the review are gender, race, qualifications, and intrinsic motivation at the individual level, as well as school locale, student characteristics, financial incentives, working conditions, superintendents, and hiring practices at the organizational level. Though hiring is a two-way interactive process, the literature to date has paid little attention to the process and practices that lead to recruiting and hiring effective school leaders. This paper concludes with a discussion about the trends that are recognizable in the existing work on principal recruitment and selection, and the practice and policy implications of the study’s review.


2018 ◽  
Vol 14 (2) ◽  
pp. 97-107 ◽  
Author(s):  
Staci Defibaugh

Small talk in medical visits has received ample attention; however, small talk that occurs at the close of a medical visit has not been explored. Small talk, with its focus on relational work, is an important aspect of medical care, particularly so considering the current focus in the US on the patient-centered approach and the desire to construct positive provider– patient relationships, which have been shown to contribute to higher patient satisfaction and better health outcomes. Therefore, even small talk that is unrelated to the transactional aspect of the medical visit in fact serves an important function. In this article, I analyze small talk exchanges between nurse practitioners (NPs) and their patients which occur after the transactional work of the visit is completed. I focus on two exchanges which highlight different interactional goals. I argue that these examples illustrate a willingness on the part of all participants to extend the visit solely for the purpose of constructing positive provider–patient relationships. Furthermore, because exchanges occur after the ‘work’ of the visit has been completed, they have the potential to construct positive relationships that extend beyond the individual visit.


Author(s):  
David Willetts

Universities have a crucial role in the modern world. In England, entrance to universities is by nation-wide competition which means English universities have an exceptional influence on schools--a striking theme of the book. This important book first investigates the university as an institution and then tracks the individual on their journey to and through university. In A University Education, David Willetts presents a compelling case for the ongoing importance of the university, both as one of the great institutions of modern society and as a transformational experience for the individual. The book also makes illuminating comparisons with higher education in other countries, especially the US and Germany. Drawing on his experience as UK Minister for Universities and Science from 2010 to 2014, the author offers a powerful account of the value of higher education and the case for more expansion. He covers controversial issues in which he was involved from access for disadvantaged students to the introduction of L9,000 fees. The final section addresses some of the big questions for the future, such as the the relationship between universities and business, especially in promoting innovation.. He argues that the two great contemporary trends of globalisation and technological innovation will both change the university significantly. This is an authoritative account of English universities setting them for the first time in their new legal and regulatory framework.


Author(s):  
Pete Dale

Numerous claims have been made by a wide range of commentators that punk is somehow “a folk music” of some kind. Doubtless there are several continuities. Indeed, both tend to encourage amateur music-making, both often have affiliations with the Left, and both emerge at least partly from a collective/anti-competitive approach to music-making. However, there are also significant tensions between punk and folk as ideas/ideals and as applied in practice. Most obviously, punk makes claims to a “year zero” creativity (despite inevitably offering re-presentation of at least some existing elements in every instance), whereas folk music is supposed to carry forward a tradition (which, thankfully, is more recognized in recent decades as a subject-to-change “living tradition” than was the case in folk’s more purist periods). Politically, meanwhile, postwar folk has tended more toward a socialist and/or Marxist orientation, both in the US and UK, whereas punk has at least rhetorically claimed to be in favor of “anarchy” (in the UK, in particular). Collective creativity and competitive tendencies also differ between the two (perceived) genre areas. Although the folk scene’s “floor singer” tradition offers a dispersal of expressive opportunity comparable in some ways to the “anyone can do it” idea that gets associated with punk, the creative expectation of the individual within the group differs between the two. Punk has some similarities to folk, then, but there are tensions, too, and these are well worth examining if one is serious about testing out the common claim, in both folk and punk, that “anyone can do it.”


2019 ◽  
Vol 130 (629) ◽  
pp. 1384-1415 ◽  
Author(s):  
Ralph Hertwig ◽  
Michael D Ryall

ABSTRACT Thaler and Sunstein (2008) advance the concept of ‘nudge’ policies—non-regulatory and non-fiscal mechanisms designed to enlist people's cognitive biases or motivational deficits so as to guide their behaviour in a desired direction. A core assumption of this approach is that policymakers make artful use of people's cognitive biases and motivational deficits in ways that serve the ultimate interests of the nudged individual. We analyse a model of dynamic policymaking in which the policymaker's preferences are not always aligned with those of the individual. One novelty of our set-up is that the policymaker has the option to implement a ‘boost’ policy, equipping the individual with the competence to overcome the nudge-enabling bias once and for all. Our main result identifies conditions under which the policymaker chooses not to boost in order to preserve the option of using the nudge (and its associated bias) in the future—even though boosting is in the immediate best interests of both the policymaker and the individual. We extend our analysis to situations in which the policymaker can be removed (e.g., through an election) and in which the policymaker is similarly prone to bias. We conclude with a discussion of some policy implications of these findings.


Author(s):  
Sue Anne Bell ◽  
Lydia Krienke ◽  
Kathryn Quanstrom

Abstract Alternate care sites across the US were widely underutilized during the COVID-19 outbreak, while the volume and severity of COVID-19 cases overwhelmed health systems across the United States. The challenges presented by the pandemic have shown the need to design surge capacity principles with consideration for demand that strains multiple response capabilities. We reviewed current policy and previous literature from past ACS as well as highlight challenges from the COVID-19 pandemic, to make recommendations that can inform future surge capacity planning. Our recommendations include: 1) Preparedness actions need to be continuous and flexible; 2) Staffing needs must be met as they arise with solutions that are specific to the pandemic; 3) Health equity must be a focus of ACS establishment and planning; and 4) ACS should be designed to function without compromising safe and effective care. A critical opportunity exists to identify improvements for future use of ACS in pandemics.


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