Recent research into the psychological and neurobiological underpinnings of psychopathy has raised the question of whether, or to what degree, psychopaths should be considered morally and criminally responsible for their actions. In this article, we review the current empirical literature on psychopathy, focusing particularly on deficits in moral reasoning, and consider several potential conclusions that could be drawn based on this evidence. Our analysis of the empirical evidence on psychopathy suggests that while psychopaths do not meet the criteria for full criminal responsibility, they nonetheless retain some criminal responsibility. We conclude, by introducing the notion of rights as correlative, that even if psychopaths were to be fully nonresponsible, imposing some form of civil commitment would still be warranted.

Research on victims' encounters with prosecutors suggests that victims' rights have had a limited effect on victims' satisfaction with the criminal justice system. This study examines the victim-prosecutor relationship with a focus on people who have lost a loved one to murder. The emotional tone dimension of Carol Heimer's case versus biography analysis proves helpful for explaining the gaps between prosecutors' responsibilities and victims' expectations. The data come from in-depth interviews with thirty-five participants, including twenty victims, three crime victims' advocates, and twelve criminal court professionals in Union County (pseudonym). The findings indicate that shared emotions (e.g., sadness, anger) represent a key mechanism for (1) connecting victims to prosecutors (and individuals to organizations) and (2) improving victims' experiences with the criminal justice system. Although victims' rights do not guarantee the opportunity for shared emotions, prosecutors often honored victims' desire for a close relationship and considered their input on case decisions.

Literature on trust in legal authorities and institutions demonstrates that trust affects individual behavior, yet there is little research on whether attitudes toward legal authorities such as the police or courts influence juror behavior as a third party assessing evidence and determining legal outcomes for others. Additionally, the literature on juror decision making confirms that juror race is an important predictor of juror decisions, but explanations for differences among racial groups are not clear. Since minority groups hold less favorable attitudes toward legal authorities generally, legitimacy theory may help explain racial differences in decision making among jurors. Using data from nearly 2,000 jurors in felony trials, this research utilizes multilevel modeling techniques to find that jurors' trust in legal authorities is related to juror outcomes, though the effect of juror trust and confidence in the police is opposite that of juror trust and confidence in the courts. Additionally, juror race conditions the effect of trust in police and courts. Trust is a stronger predictor of both perceptions of evidence and voting for black jurors than it is for white jurors.

This article presents a case study of decision making in a drug court located the southwestern United States. This study seeks to fill a gap in research on decision making by attending to the ways that drug court officials navigate the demands of a court that is dedicated to both therapy and criminal justice. This analysis differs from previous research by viewing the drug court as a “hybrid organization” and asking how the staff members interact in the decision-making process. Additionally, this research provides an opportunity to investigate the concerns over collaborative decision making raised by critics. The data from this case study reveal that as a hybrid organization, the drug court staff often divides along institutional lines by allowing the counseling staff to manage treatment and the judge to manage punishment. When tensions arise, they are resolved by the structure of the court, which is hierarchical rather than collaborative.

Public authorities' compliance with judicial dictates is central to legality and constitutionality, may influence broader policy and political outcomes, and can have powerful feedback effects on judicial decision making, independence, and power. As such, it has crucial implications for interbranch relations and the rule of law. Effectively measuring compliance with judicial rulings and clearly explaining when and why elected leaders adhere to courts' mandates present a range of inferential challenges. Building on the groundwork laid in the burgeoning literature on the topic, this article advances two analytic frameworks (one for measuring and one for explaining compliance), offers strategies for grappling with the problems of descriptive and causal inference that arise in studying compliance, and advocates the use of multiple analytic methods to generate and test hypotheses regarding compliance.

Rio de Janeiro is home to over one-thousand favelas (slums), the majority of which are controlled by armed drug traffickers engaged in a long-standing war with police. This article shows how state legitimacy is challenged by the everyday reality of dual power, postcolonial legacies of inequality and marginalization, and a porous culture of law. Drawing on ethnographic fieldwork in one of the largest favelas in the city, I argue that police actions revolve around the enactment of violent spectacle, performed by the Elite Special Forces, BOPE. The use of performative violence, however, rather than shoring up state control at the margins of city life, works instead to undermine police (and state) authority.

This article reinterprets the discursive terms and cultural meanings that redefined the legal campaign against Big Tobacco during recent decades. We underline the palpable shift from a conventional tort-based logic of products liability claims, which most analysts emphasize, to a logic incorporating key features identified with criminal law or “crimtorts.” The study builds on legal mobilization theory and combines narrative history of events with systematic analysis of media coverage across a twenty-year period to demonstrate how Big Tobacco was criminalized over two decades.

What role does judicial subject matter expertise play in the review of agency decisions? Using a data set of decisions in which the Board of Patent Appeals and Interferences (BPAI) is reviewed by the Court of Appeals for the Federal Circuit, we investigate this question and find that greater subject matter expertise does make it more likely that a judge will vote to reverse an agency decision.

This research addresses two separate but related questions. First, to what extent are sociological theories proposed to explain legal behavior in Western societies applicable to non-Western contexts? And second, to what degree is Black's theory of law generalizable, as he contends, “across time and space?” Our research merges these questions by exploring the applicability of Black's theory in a Latin American context. Data collected from a nationally representative survey in Brazil suggest support for Black's propositions regarding the impact of vertical, horizontal, cultural, and normative status on the likelihood of mobilizing the law, as well as the feasibility of using his framework for understanding legal behavior in non-Western settings. Our discussion considers implications and directions for future analyses in both the Brazilian and cross-cultural contexts.

Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.

Ghana is widely considered as “a beacon of hope for democracy in Africa” (Gyimah-Boadi 2010, 137). Yet substantive democratic transformations of policing have stagnated mainly because the police continue to act as a handmaiden of the state and powerful elites. Consequently, the reliance on performance in crime control and order maintenance as the bedrock of colonial police legitimacy (as judged by colonial administrators) has survived unscathed. Anxieties about violent crime, mainly in urban areas, have accompanied the pursuit of neoliberal economics and politics. Having staked their legitimacy on performance, the police view these anxieties and doubts about their effectiveness as potentially de-legitimating. They have responded in a highly dramatic but violent fashion, including the extrajudicial killing of suspected violent offenders believed to be the cause of feelings of insecurity. This article examines the nature of this pathway to legitimacy.

This ethnographic research addresses the control strategies employed by Norwegian guards in everyday interactions with inmates under institutional conditions in which the use of official negative sanctions is restricted. The article explains how a complicated informal system of favors develops that forms a new basis for punishment through the withdrawal of rewards. By distributing favors liberally, giving an inmate only what he is entitled to serves as a substitute for negative sanctions. Inmates are not opposing the informal system, and its effect on ensuring institutional control does not challenge the intentions of formal prison rules. Still, the informal system must be monitored and protected against overuse by inmates and must also be kept hidden from the officials making up the prison administration who oppose all departures from the official rules.

We use interviews with corporate lawyers and a data set of contracts to explore an elite area of legal practice: sovereign bond lending. Sovereign debt lawyers work at prestigious global law firms, yet the contracts they produce include some terms that defy explanation. Lawyers often account for the existence of these terms through origin myths. Focusing on one contract term, the pari passu clause, we explore two puzzling aspects of these myths. First, we demonstrate that the myths are inaccurate as to both the clause's origin and the role of lawyers in contract drafting. Second, the myths often are unflattering, inaccurately portraying lawyers as engaged in little more than rote copying. We probe this disjuncture between the myths and lawyers' actual practices and explore why contracts origin myths might hold such appeal for this elite segment of the bar.

Less than two decades after the end of apartheid, South Africa is witnessing a range of policy interventions that almost iconoclastically challenge the premises of democratic governance. Police military ranks have been reintroduced and an exemplary postapartheid law governing the use of lethal force has also been amended in favor of police discretion. Simultaneously, however, community policing, a benchmark for democratic policing, is being rolled out on unprecedented scale. This article argues that the seemingly contradictory mobilization of militarized policing and popular civilian institutional forms has a definite logic and captures the postcolonial condition of policing in South Africa: a populist-oriented ANC administration has allowed practices of popular policing underwritten by a desire for a forceful state to capture the law that had previously restrained this kind of policing. The result is a violent but intimate relationship between police and people, a situation in which the law is estranged from itself and normalized into the informal realm of private policing.

Largely absent from US criminal sentencing since the early 1800s, shame penalties have been staging a comeback. This revival has been met by a number of debates among legal scholars, one of which centers on the potential for such penalties to reduce crime. This study addresses this debate by investigating the impact of formal shaming on drunk driving and alcohol-related traffic safety in Ohio. In accordance with the Traffic Law Reform Act of 2004, judges have since been mandated to issue “restricted plates” to certain first-time and all repeat DUI offenders with limited driving privileges. Results indicate a curvilinear association between punishment levels and drunk driving. Increases in the certainty and visibility of plates are associated with decreases in suspension rates, but there is a point at which increasing the punishment level no longer retains its intended impact. In addition, levels of punishment are unrelated to alcohol-related traffic safety.

The 2007 debate over the retention of Singapore's male sodomy law provision set off a vigorous and passionate public debate reminiscent of the US culture war. However, the Singapore government's final decision reflects an interesting compromise. The law was retained, but its moral content was severely curtailed. This article critically examines this episode and explores the political dynamics driving the compromise. Enriching public choice theory on interest group capture, this article argues that the ruling party's political dominance coupled with limited but real political competition is surprisingly effective in aligning the government's position with the preference of the majority despite concerted pressure from well-mobilized minority interest groups. Current legal scholarly work on this debate has focused on the “vigorous debate” in the English-language forums. In this article, the examination of the contemporaneous discourse in Chinese and Malay newspapers enables a more accurate and comprehensive appreciation of this culture war episode.

This article explores a “particularistic” concept of legitimacy important to Taiwanese democracy. This form of legitimacy, I suggest, has been instrumental for Taiwan's successful democratic consolidation in the absence of the rule of law. As evidence, I combine ethnographic observation of neighborhood police work with historical consideration of a type of political figure emergent in the process of democratic reform, which I call the “outlaw legislator.” I focus my analysis on the institutional and ideological processes articulating local policing into the wider political field. The center of these processes is a mode of popular representation that positions the outlaw legislator as a crucial hinge articulating the particularistic local order with central state powers. By analyzing the cultural content of the dramaturgical work used to reconcile low policing with higher-level state operations, this article shows how a particularistic idiom of legitimacy helps hold Taiwanese democracy together.

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.

This article explores the role of anxiety in neoliberal regimes of self-governance, arguing that anxiety has become a technique of governance. Discourses of anxiety produce anxious subjects who undertake a range of self-governing projects to manage and mitigate the experience. I explore anxiety governance in the environmental context of “eco-anxiety,” motherhood, and the controversy over Bisphenol A in baby bottles. Maternal toxic vigilance, in which individual mothers assume responsibility for the environmental health of their children through better consumer choices, is a classic example of this anxiety governance. The regulatory failure of the neoliberal state reinforces this self-governance; governments cannot be trusted to protect children from the toxins that are poisoning them, so mothers must do it themselves. Finally, notwithstanding the depoliticizing tendency of these self-governing projects, I consider the political potential of this maternal toxic vigilance, exploring whether anxiety governance might more productively engage the political.