Sentencing disparities for juvenile offenders sentenced to adult prisons: An individual and contextual analysis

While the punishment of juvenile offenders has increasingly become an issue of major concern to the public, there are few studies that test the government's coercive response to offending by this particular group. This study addresses this issue by examining the variation in sentence length for juvenile offenders adjudicated in the adult criminal courts for violent offenses. Results from the regression analyses consistently show that, while factors related to the specific offense are important contributors to the variation in sentence length, differences in the ideological climate of each state are a strong predictor of the variation in adult sanctions for minors. Specifically, the findings show that conservative citizen ideology and Republican control of state government are important contributors to the variation in sentencing of juveniles across U.S. states. Additional evidence shows that states where judges must run in an election to gain their seats proscribe more severe sanctions on juvenile offenders by sentencing more of them to adult prisons. Overall, the results suggest that the social and political climate of each state plays a very strong role in the sentencing of juvenile offenders to adult prisons.     

法国刑事和解制度述评

法国的刑事和解制度是指检察官本人或其委派的人向犯罪行为人提出某种交易形式的建议从而中断公诉时效的一种制度。它主要适用于承认自己犯有主刑当处罚金刑或犯有一项或数项当处5年以下监禁刑,或犯有一项或数项违警罪的成年犯罪行为人。刑事和解制度是法国立法者为了解决其诉讼程序的繁杂及效率低下而在起诉与不起诉之间所做的选择,是一种非典型的公诉替代方式。由于这一制度与某些传统的诉讼原则存在冲突,因此一直众说纷纭,莫衷一是;尽管如此,该制度良好的司法效果最终使其得以广泛适用和发展,目前已成为法国治理刑事犯罪不可或缺的重要程序之一。     

法国司法官制度的特点及启示

法国司法官制度涵盖司法官会考、培训、遴选、晋升、任职、纪律等一系列制度,其主要特点表现在以下几个方面会考制度因人制宜,具有多样性;培训制度面向用人单位,追求实用性;遴选制度与时俱进,广开门路,尽纳贤才,体现开放性;晋升制度标准严格,程序透明,注重公正性;任职制度强调终身性,赋予法官不受罢免的权利;纪律制度保持严厉性,促进法官正确行使权力.这些特点对我国的司法改革特别是司法官制度改革具有重要的借鉴意义.     

A French Perspective on Culture in Prison

The article investigates cultural activities in French prisons in light of the 1986 protocol between the Ministry of Culture and the Ministry of Justice. It looks at the main stakeholders involved to understand how decisions are being made; to uncover the motivations of cultural institutions and artists to perform in prison; to highlight the main difficulties; and finally, to see how actions are being evaluated. An in-depth literature review as well as interviews with the main stakeholders have been performed. As a consequence, a comprehensive perspective is given to this rather unique configuration of culture in prison.     

A new evaluation of the rate of actualiasation for the French economy

Economic Change and Restructuring -     

The Importance of R&D for Innovation: A Reassessment Using French Survey Data

This paper compares the contribution of R&D to innovation in terms of the various innovation output measures provided by the third Community Innovation Survey (CIS 3) for French manufacturing firms and in terms of accounting for interindustry innovation differences.     

法国刑事程序无效理论研究——兼谈中国如何建立“刚性”的程序

法国刑事程序无效理论的根本理念便是在刑事诉讼中设立刚性的程序规则,杜绝各种损及公共秩序及基本人权的违法侦查、预审乃至裁判行为。立法、判例及学说在此一理论的形成及发展过程中发挥着举足轻重的作用,形成了当前法定无效与实质无效、公共秩序无效与私益无效并存的程序制裁体系。中国欲在司法实践中防止大量涌现程序违法行为,则必须在刑事司法体系中建构一种常设的、有效的、"刚性"的纠错及制裁机制。在这一问题上,法国相对成熟的程序无效机制无疑为我们提供了极其丰富的借鉴素材。而该机制在法国背景下所面临的困境亦可让我们有所防范,充分发挥后发优势,避免因反复改革而浪费大量的司法资源。     

Cross-subsidies and payment for hospital care

This study uses hospital data from the 1979 American Hospital Association Reimbursement Survey in a multivariate framework to assess the impact of discounts and third-party reimbursement on hospital costs and profitability. Three central issues are addressed: (1) Is a differential payment justified for Medicare, Medicaid, and/or Blue Cross on the basis of differential costs? (2) Have the cost-containment efforts of the dominant payers reduced total payments to hospitals? and (3) What part of the overall savings in payments to hospitals is in the form of reduced costs rather than reduced profits? On the basis of the evidence in this study, we find (1) that the differential payment is not justified; (2) that the cost-containment efforts of the dominant payers have reduced total payments to hospitals somewhat, but a substantial amount of cost-shifting remains; and (3) that the savings is in profits, rather than in costs.     

An essay in simulating economic policies for the French economy

Economic Change and Restructuring -     

On Complicity and Compromise: A Reply to Peter French and Steven Ratner

Peter French’s and Steven Ratner’s thoughtful comments are helpful in advancing the analysis we offered in our book On Complicity and Compromise. Inevitably, there are areas of disagreement and bones to pick. However, our primary concern in this reply will be to press, with their assistance, the more positive agenda.     

French Urban Space Management: A Visual Semiotic Approach Behind Power and Control

The paper will discuss the role of the visual in French urban space. It will reveal the close connections between visual and semiotics where the visual dimension is central rather than marginal. We will evaluate altogether the psychological, legal and social impacts of the new shapes of our own environment. Rethinking our public space shapes our identities, unveils the ‘hidden’ powerful discourse behind these new urban models.     

Federal support for hospital construction in overbedded areas

This memorandum established policies and procedures to limit Federal financial support for the construction of hospitals in overbedded areas. The policy for Federal hospitals is that no new or replacement hospitals will be built in an overbedded area unless suitable, existing, non-Federal facilities cannot reasonably be acquired through purchase or lease. The policy for non-Federal facilities is that no Federal grants, loans, loan subsidies, or loan guarantees will be provided for hospital construction or renovation in an overbedded area, unless the proposed project is consistent with an approved local hospital facility plan or the Secretary of Health and Human Services (HHS) determines that it is necessary. In addition, legislation and regulations will be proposed to revise the current Medicare and Medicaid reimbursement policies for costs related to hospital construction or renovation. Finally, legislation will be proposed to revise Federal tax exempt bond financing for hospital construction and renovation in overbedded areas. This memorandum also prescribes agency responsibilities and procedures for implementing these policies.     

《法国民法典》模式的传播与变形小史

一、序论 <法国民法典>被称为法学阶梯体系.事实上,不能把这一描述理解为<法国民法典>具有优士丁尼钦定教科书的"人"、"物"、"讼"结构,这是一种被J.1,2,12宣称的结构,而是应理解为它遵循了<法学阶梯>隐含的结构:即人、物和取得物的方法.