Legitimacy and public opinion: a five-step model

Noyon, Lucas; Keijser, J.W. de; Crijns, J.H.

doi:10.1017/s1744552320000403

Cited by 3 publications

(2 citation statements)

References 47 publications

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“…But this reservoir is not infinite. Even though public prosecutors and civil servants have a great amount of autonomy and executive discretion, they must be wary of their reputations in the public eye (Noyon, de Keijser, and Crijns 2020; see also Carpenter 2001Carpenter , 2010.…”

Section: Legitimacy Public Policy and Public Opinionmentioning

confidence: 99%

“…Today, it holds a “reservoir of goodwill” that allows it to “get away with unpopular decisions ( Gibson and Caldeira 2009 , 140).” But this reservoir is not infinite. Even though public prosecutors and civil servants have a great amount of autonomy and executive discretion, they must be wary of their reputations in the public eye ( Noyon, de Keijser, and Crijns 2020 ; see also Carpenter 2001 , 2010 ).…”

Section: Legitimacy Public Policy and Public Opinionmentioning

confidence: 99%

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Jobs and Punishment: Public Opinion on Leniency for White-Collar Crime

St-Georges

Arel‐Bundock

Blais

et al. 2023

Political Research Quarterly

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Governments routinely offer deals to companies accused of white-collar crimes, allowing them to escape criminal charges in exchange for fines or penalties. This lets prosecutors avoid costly litigation and protects companies’ right to bid on lucrative public contracts, which can reduce the likelihood of bankruptcies or layoffs. Striking deals with white-collar criminals can be risky for governments because it could affect the perceived legitimacy of the legal system. This article explores the conditions under which the general public supports leniency agreements. Building on theoretical intuitions from the literature, we identify three characteristics that could affect mass attitudes: home bias, economic incentives, and retribution. We conduct a survey experiment in the United States and find moderate support for leniency agreements. Whether the crime occurs on US soil or abroad does not affect public opinion, and the number of jobs that would be jeopardized by criminal prosecution only has a small effect. Instead, survey respondents become much more supportive of a deal when it includes criminal charges for the corporate managers who were personally involved in the alleged wrongdoing. In the court of public opinion, punishing a handful of individuals appears to matter more than saving thousands of jobs.

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Section: Legitimacy Public Policy and Public Opinionmentioning

confidence: 99%

Section: Legitimacy Public Policy and Public Opinionmentioning

confidence: 99%

Jobs and Punishment: Public Opinion on Leniency for White-Collar Crime

St-Georges

Arel‐Bundock

Blais

et al. 2023

Political Research Quarterly

View full text Add to dashboard Cite

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Public Discourse on Criminal Responsibility and Its Impact on Political-Legal Decisions: Analysing the (Re-)Appropriation of the Language of Law in the Sarah Halimi Case

Makouar

2024

Languages

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This applied linguistics study on the lay discourse about legal language analyses online public reactions to a court decision in the Sarah Halimi case, a French Jewish woman killed by her neighbour in Paris in 2017. This study draws on discourse analysis with a focus on semantics analysis and dialogism theory to delve into how legal discourse is disseminated in forums and undergoes semantic redefinition through users’ language practices of legal notion in their own discourses. Thus, the aim of this study is not to develop linguistics theories but to use linguistics to explore the relationship between (1) the public representation and perception of this murder case in three forums and (2) the politico-legal response to decisions about a lack of criminal responsibility. The latter remains a sensitive topic in several countries, and several criminal justice reforms are revised or implemented with close observation of public reaction. This analysis highlights the linguistic markers revealing emotional discourse and a polymorphous expression of a lack of confidence in the justice system and legal actors, emphasising issues in comprehending justice and the work of psychiatrists and highlighting a gap between expectations and the actual delivery of justice. This study also shows that the linguistic strategies of non-experts are similar to those of legal experts.

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The Urgency of Enacting Government Regulation on Community Service Sentence in Indonesian under the New Penal Code

Laia

2024

sjh

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This research aims to contribute by providing a conceptual framework for drafting government regulations on community service sentences from an Indonesian criminal law perspective while also drawing comparisons with practices in Canada and the Netherlands. A normative legal research method is employed, involving a qualitative analysis of the collected legal materials. The findings indicate that community service sentences in Law Number 1 of 2023 signify a paradigm shift in the Indonesian criminal justice system towards a more humane and restorative approach. Comparisons with Canada and the Netherlands offer valuable insights into the effective and just imposition of community service sentences. The principles of restorative justice and utilitarianism, along with the comprehensive regulations in the Canadian Criminal Code and the Wetboek van Strafrecht, can serve as references in formulating robust government regulations in Indonesia. The urgency of establishing these government regulations is underpinned by the need for legal certainty, human rights protection, and optimization of the benefits of community service sentences for convicted individuals, ensuring that this sentence is not merely an alternative punishment but also an effective instrument in achieving the rehabilitation and social reintegration of offenders. Therefore, it is recommended that the Government promptly formulate Government Regulations on community service sentences, considering best practices from other countries and paying attention to relevant laws. It is also recommended that the House of Representatives consider amending Law Number 8 of 1981 regarding the regulation of community service sentence implementation to ensure harmony and legal clarity between the Criminal Procedure Code and the New Penal Code and to provide a solid legal basis for the Public Prosecution Service in carrying out its supervisory duties.

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Legitimacy and public opinion: a five-step model

Cited by 3 publications

References 47 publications

Jobs and Punishment: Public Opinion on Leniency for White-Collar Crime

Jobs and Punishment: Public Opinion on Leniency for White-Collar Crime

Public Discourse on Criminal Responsibility and Its Impact on Political-Legal Decisions: Analysing the (Re-)Appropriation of the Language of Law in the Sarah Halimi Case

The Urgency of Enacting Government Regulation on Community Service Sentence in Indonesian under the New Penal Code

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