The conflict of interest problem in EIS preparation

The National Environmental Policy Act (NEPA) requires that federal agencies prepare environmental impact statements (EISs) on proposals for major Federal action significantly affecting the quality of the human environment. The Council on Environmental Quality (CEQ) regulations require that EISs be prepared directly by the lead agency or a contractor it selects. EIS contractors must execute a disclosure statement specifying that they have ``no financial or other interest`` in the outcome of the project. The intent of the ``conflict of interest`` prohibition is to ensure that the EIS is defensible, free of self-serving bias, and credible to the public. Those coming to the federal government for money, permits, or project approvals must not be placed in the position of analyzing the environmental consequences of their own proposals. This paper analyzes the conflict of interest problem faced by government contractors who maintain and operate government-owned or-controlled facilities for which EISs are required. In the US Department of Energy (DOE) system, these are referred to as ``M and O`` contractors. It also examines organizational conflicts presented by current or prospective government contractors who have a financial or other interest in the outcome of a project or program for which an EIS is prepared. In responding to these and related questions, the paper discusses and interprets the CEQ regulations and guidance on EIS preparation conflict of interest as well as leading federal court opinions. It also distinguishes ``preparers`` from ``participants`` in the EIS preparation process

Texas Field Experiment Results: Performance of the Weatherization Assistance Program in Hot-Climate, Low-Income Homes

A field test involving 35 houses was performed in Texas between 2000 and 2003 to study the response of low-income homes in hot climates to weatherization performed as part of the U.S Department of Energy Weatherization Assistance Program and to investigate certain methods to improve weatherization performance. The study found that improved Program designs and the use of advanced energy audits resulted in better weatherization measures being installed (use of blower doors to guide the infiltration work, more frequent installation of attic insulation, and installation of wall insulation) in the study homes, improved space-heating savings performance compared to the Program as implemented in the hot climates in 1989, and more comfortable indoor temperatures. Two key policy dilemmas for Texas and other hot-climate states were highlighted by the study; namely, how to balance expenditures between installing cost-effective weatherization measures and performing health, safety, and repair items, and that health, safety, and repair items can have an adverse impact on energy savings, which further complicates the weatherization decision process. Several occupant and equipment-related behaviors were observed in the field test homes that help explain why audits may over predict energy consumptions and savings and why air-conditioning electricity savings are difficult to measure. Based on this study, it is recommended that states in hot climates be encouraged to select from an expanded list of measures using advanced audits or other techniques, and further studies examining the benefits obtained from air conditioner measures should be performed. In addition, guidelines should be developed for the hot-climate states on how to (a) balance the objectives of saving energy, improving health and safety, and addressing repair issues, and (b) select repair items

Exploring recent developments in restorative policing in England and Wales

The evolution of the policing role over the last decade has led to 33 police forces in England and Wales integrating restorative justice practices, in one form or another, into their responses to minor crime committed for the first time by both youths and adults. Most recently, this reform dynamic has been used in response to more serious offences committed by persistent offenders and expanded to include all stages of the criminal justice process. Despite the significant positive rhetoric that surrounds the adoption and use of restorative justice, there are a number of procedural and cultural challenges that pose a threat to the extent to which restorative justice may become embedded within the policing response. This article explores these developments and highlights where potential problems for implementation may arise as well as some strategies to overcome them

Formal System Processing of Juveniles: Effects on Delinquency

Justice practitioners have tremendous discretion on how to handle juvenile offenders. Police officers, district attorneys, juvenile court intake officers, juvenile and family court judges, and other officials can decide whether the juvenile should be “officially processed” by the juvenile justice system, diverted from the system to a program, counseling or some other services, or to do nothing at all (release the juvenile altogether). An important policy question is which strategy leads to the best outcomes for juveniles. This is an important question in the United States, but many other nations are concerned with the decision to formally process or divert juvenile offenders. There have been a number of randomized experiments in the juvenile courts that have examined the impact of juvenile system processing that should be gathered together in a systematic fashion to provide rigorous evidence about the impact of this decision on subsequent offending by juveniles. Our objective is to answer the question: Does juvenile system processing reduce subsequent delinquency? Based on the evidence presented in this report, juvenile system processing appears to not have a crime control effect, and across all measures appears to increase delinquency. This was true across measures of prevalence, incidence, severity, and self-report. Given the additional financial costs associated with system processing (especially when compared to doing nothing) and the lack of evidence for any public safety benefit, jurisdictions should review their policies regarding the handling of juveniles

Relational restorative justice pedagogy in educator professional development

What would a professional development experience rooted in the philosophy, principles, and practices of restorative justice look and feel like? This article describes how such a professional development project was designed to implement restorative justice principles and practices into schools in a proactive, relational and sustainable manner by using a comprehensive dialogic, democratic peacebuilding pedagogy. The initiative embodied a broad, transformative approach to restorative justice, grounded in participating educators’ identifying, articulating and applying personal core values. This professional development focused on diverse educators, their relationships, and conceptual understandings, rather than on narrow techniques for enhancing student understanding or changing student behaviour. Its core practice involved facilitated critical reflexive dialogue in a circle, organized around recognizing the impact of participants’ interactions on others, using three central, recurring questions: Am I honouring? Am I measuring? What message am I sending? Situated in the context of relational theory (Llewellyn, 2012), this restorative professional development approach addresses some of the challenges in implementing and sustaining transformative citizenship and peacebuilding pedagogies in schools. A pedagogical portrait of the rationale, design, and facilitation experience illustrates the theories, practices, and insights of the initiative, called Relationships First: Implementing Restorative Justice From the Ground Up

Police-initiated diversion for youth to prevent future delinquent behavior: a systematic review

BackgroundOverly punitive responses to youth misconduct may have the unintended consequence ofincreasing the likelihood of future delinquency; yet, overly lenient responses may fail to serveas a corrective for the misbehavior. Police diversion schemes are a collection of strategiespolice can apply as an alternative to court processing of youth. Police-initiated diversionschemes aim to reduce reoffending by steering youth away from deeper penetration into thecriminal justice system and by providing an alternative intervention that can help youthaddress psychosocial development or other needs that contribute to their problem behavior.ObjectivesThe objective of this review was to synthesize the evidence on the effectiveness of pre-courtinterventions involving police warning or counseling and release, and cautioning schemes inreducing delinquent behavior.Search methodsA combination of 26 databases and websites were searched. References of relevant reviewswere also scanned to identify studies. We also consulted with experts in the field. Searcheswere executed by two reviewers and conducted between August 2016 and January 2017.Selection criteriaOnly experimental and quasi-experimental designs were eligible for this review. All quasiexperimentaldesigns must have had a comparison group similar to the police diversionintervention group with respect to demographic characteristics and prior involvement indelinquent behavior (i.e., at similar risk for future delinquent behavior). Additionally, studiesmust have included youth participants between 12 and 17 years of age who either underwenttraditional system processing or were diverted from court processing through a police-leddiversion program. Studies were also eligible if delinquency-related outcomes, includingofficial and non-official (self-report or third-party reporting) measures of delinquency werereported.Data collection and analysisThis study used meta-analysis to synthesize results across studies. This method involvedsystematic coding of study features and conversion of study findings into effect sizesreflecting the direction and magnitude of any police-led diversion effect. There were 19independent evaluations across the 14 primary documents coded for this review. From this,we coded 67 effect sizes of delinquent behavior post diversion across 31 diversion-traditionalprocessing comparisons. We analyzed these comparisons using two approaches. The firstapproach selected a single effect size per comparison based on a decision rule and the secondused all 67 effect sizes, nesting these within comparison condition and evaluation design.ResultsThe general pattern of evidence is positive, suggesting that police-led diversion modestlyreduces future delinquent behavior of low-risk youth relative to traditional processing.Authors’ conclusionsThe findings from this systematic review support the use of police-led diversion for low-riskyouth with limited or no prior involvement with the juvenile justice system. Thus, policedepartments and policy-makers should consider diversionary programs as part of the mix ofsolutions for addressing youth crime