Evidence Codification and Transubstantive and Bifurcated Evidence Codes

I. INTRODUCTION This article addresses three major topics that are important in deciding whether to codify evidence law and in designing an evidence code. First, the article sets out some of the positives and negatives to codifying evidence law.     

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ulfuzation,and discussed merits and defects of different kinds of desulfurizers.It indicated that the main technique of flue gas desulfurization in china is calcium way with calcic desulfurizer,and the most potential one is using ammonia as desulfurizer.Controlled sulfur pollution effectively and rejected seconda     

Notes and comments "High and dry?" The Public Readiness and Emergency Preparedness Act and liability protection for pharmaceutical manufacturers

In an era filled with fears of bioterrorism, Congress approved the Public Readiness and Emergency Preparedness Act (PREPA) to encourage development of vaccines and other countermeasures. By providing pharmaceutical manufacturers with protection from liability for potential side effects, Congress has attempted to motivate manufacturers to produce a national stockpile of countermeasures. As part of PREPA, the government established a compensatory system intended to provide compensation to persons injured by countermeasures used during a public health emergency. Although the Act provides for a compensation fund, it fails to allocate monies for that fund. Thus, in the absence of further congressional action, PREPA will not provide compensation to those injured by countermeasures. Failing to assure the American public of a compensation program constitutes bad public policy and risks inspiring potential vaccinees to refuse necessary drugs. Additionally, arguments as to the constitutionality of the Act exist should Congress fail to adequately fund the program, and the existence of those arguments undermines the purpose of the Act--namely to assure pharmaceutical manufacturers that they will not be sued into oblivion should they attempt to aid national pandemic protection. In addition to detailing both the Act and the statutory precedent for congressional attempts to spur biodefense, this Article addresses important issues of healthcare, tort, and constitutional law that will continue to manifest themselves in this new era of bioterrorism.     

Sugar and spice and everything nice? Exploring institutional misconduct among serious and violent female delinquents

Purpose

Despite an emerging body of research on the institutional behavior and adjustment of delinquent males, there exists little information on the incarceration experiences of female delinquents. The present study explored the incidence, prevalence, and determinants of institutional misconduct among a sample of 139 serious and violent delinquent females sentenced to state juvenile incarceration.

Methods

Secondary data analysis was used for the present study. Data utilized were derived from information originally gathered by correctional staff during intake at a state Youth Correctional System (a pseudonym) and during an offender's entire incarceration through on-site diagnostic processes, staff observations, official records, and offender self-reports.

Results

Members of the study sample engaged in roughly 700 incidents of major misconduct and more than 12,000 instances of minor institutional misconduct during their incarceration. Results from negative binomial regression models examining four different types of institutional misconduct revealed that age at commitment, offense type, mental health status, and gang affiliation were related to the expected rate of misconduct, although this varied by misconduct type.

Conclusions

Institutionalization is not necessarily a period of desistance from offending for all delinquent girls. As institutional misconduct may impact post-release recidivism, it is important to identify and intervene with at-risk juveniles during periods of incarceration.     

Workers’ risk underestimation and occupational health and safety regulation

The standard treatment of occupational risk in the labour market is conducted in terms of the theory of compensating wage differentials, the basic characteristic of which is that workers can fully estimate actual occupational risks. However, research in cognitive psychology, and recent advances in economic psychology, suggest that individuals consistently underestimate risks associated with accidents. In this paper, we discuss the case when the workers systematically underestimate job risks. After presenting the standard treatment of occupational risks, and of health and safety at work regulation, we then proceed to incorporate the idea of job risk underestimation. The paper discusses the types and impact of regulation on health and safety effort in a simple framework in which workers’ beliefs concerning accident risks also play a role. The paper shows that a particular type of regulatory intervention is necessary for the risk underestimating workers not to suffer a welfare loss.     

A God of Vengeance and of Reward? Voters and Accountability

Theories of democratic politics prize congruence between citizens’ preferences and their elected representatives’ actions in office. Elections are a critical means for achieving such policy congruence, providing voters the opportunity to chasten representatives who are out of step with constituent preferences and to reward the faithful. Do voters act this way? Recent studies based on observational data find they do, but these data are somewhat limited. We employ a survey experiment to estimate the extent to which information about policy congruence affects voters’ evaluations of representatives. We informed some subjects how often their member of Congress’s voting decisions match their own stated preferences on the same policies. We find that information about congruence enhances accountability by affecting constituent evaluations of representatives and may also affect citizens’ propensity to participate in upcoming elections.     

Social Justice and the Human–Environment Relationship: Common Systemic, Ideological, and Psychological Roots and Processes

Historical analyses and contemporary social psychological research demonstrate that prevailing systems, institutions, and practices espouse an ideology of conflict between humans and the natural world. The established paradigm of society espouses domination of and separation from the natural environment, and manifests in environmentally detrimental attitudes and practices. Ecological exploitation appears to stem from the same root socioeconomic processes as social injustice—the hierarchical arrangement of power which places some groups and the environment in a position devoid of power or rights. Accordingly, endorsement of social and environmental injustice is exacerbated by tendencies toward domination and hierarchy, such as social dominance orientation and right-wing authoritarianism. Moreover, injustice is perpetuated by motivation to uphold and justify social structures and the dominant paradigm, which stifles societal change toward intergroup fairness and equality and motivates denial and neglect in the face of environmental problems. Ideological tendencies in service of the system, including political conservatism, belief in a just world, and free market ideology, contribute toward perpetuating injustice as well as anti-environmental sentiment and behavior. Considering the shared psychological and ideological underpinnings of social and environmental injustice point to important interventions, such as cultivating interdependence through contact, fostering inclusive representations, and harnessing ideological motives toward overcoming resistance to change, and carry implications for expanding the scope of justice theory, research, and practice.     

Legal Responses and Sentencing in Murder Cases – A Comparison of Law and Judicial Reactions in India and Germany

While there are huge cultural, social and socio-legal differences between India and Germany, the sentencing laws of the two countries show a couple of similarities. In India and Germany alike, the substantive law makes only little specifications for the sentencing process. There are no sub-statutory sentencing guidelines, within the range provided by the penal codes the courts have a wide discretion in the sentencing process. It is, however, interesting to see that the courts exercise their discretion in similar ways which can specifically be observed in murder cases. The article describes the legal framework which is applicable in murder cases in India and Germany and compares the judicial decisions in selected cases: hold-up murder, sexually motivated murder, domestic violence killings and honor killings. The comparison gives evidence of the communicative function of punishment. After a serious crime like murder the public – typically well informed by the media, agitated and highly troubled – will in both countries only be settled by a judgment considered as fair, just and proportionate. Peace under the law and internal security, however, do not seem to be dependent on specific forms of punishment. Capital punishment and life imprisonment appear as penalties which may be necessary reactions to murder in a given cultural context, but which are not indispensable to a criminal justice system.     

Exploring the “Lost and Found” of Justice Theory and Research

Scientific interest in the nature of how people think about justice and fairness began approximately 70 years ago with Stouffer’s classic study on the American soldier. Since then there have been numerous theoretical frameworks and thousands of research studies conducted on what people perceive as fair and the consequences of making a fairness judgment. The goal of this article is to dig through the “lost and found” box of justice research in an attempt to re-examine where we have been, issues and ideas we may have forgotten, and to gain insight on directions we may want to go in the future. The key rediscovery of this review is that perspective matters. Specifically, how people interpret fairness depends critically on whether they are viewing a situation in terms of their material, social, or moral needs and goals. The implications of adopting a contingent theory of how people reason about fairness are discussed.

Kairós and Clinamen: Revolutionary Politics and the Common Good

This article sets out to offer a new reconceptualisation of the common good as the mechanism providing the temporal coordinates for revolutionary politics. The first section investigates the pairing of commonality and goodness, revealing its nature as a synthesis of apparently irreconcilable opposites. The second section examines how this irreconcilability is overcome, advancing the argument that to heal the divide, a double movement of definition and concealment is necessary, whereby the process of definition of what constitutes the common good is accompanied by an expropriation, or hollowing out, of meaning. The third section offers a proposal for overcoming this epistemological impasse about the nature of the common good, by contrasting chronos and kairós, chronological time and what in English can be translated as ‘opportune time’, and offering kairós as the chance to create, within the fissures of the totalitarianism of chronological time, the timescape for revolutionary politics. This proposal is carried on in the second part of this article, starting with ‘ Chronos and Kairós ’ section, where the concept of kairós is expanded upon and coupled with the Epicurean and Lucretian idea of the clinamen, the swerve of the atoms that introduces the element of chance against Democritean determinism. With the support of Antonio Negri’s reading of kairós and clinamen, the article argues in ‘Alma Venus: Love, Desire and Revolution’ section that these two concepts provide the spatial and temporal coordinates for revolutionary politics, in tension and critical engagement with Ackerman’s idea of constitutional moments, to conclude in ‘Conclusions: Kairós and Revolutionary Politics’ section, that the common good is to be defined as that which takes place and is identified/identifiable within these coordinates.     

Anomie and Violence in Indonesia and Timor-Leste, 1997�C2009

The Indonesian social system began to disintegrate in 1997. In the aftermath of social collapse, many forms of state crime, organized crime, terrorism, ethnic violence, religious violence, assassinations and other political violence escalated. An anomie theory interpretation is offered of this rise and the subsequent fall of a complex of serious crime problems. Security sector reintegration, reintegration of perpetrators and reconciliation (without truth) played important parts in enabling the rebuilding of institutions of security.     

Habermas,Feminism, and Law: Beyond Equality and Difference?*

In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into existing institutions or to confront the so‐called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so‐called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests.     

Peircean Semeiotic and Legal Practices: Rudimentary and “Rhetorical” Considerations

Too often C. S. Peirce’s theory of signs is used simply as a classificatory scheme rather than primarily as a heuristic framework (that is, a framework designed and modified primarily for the purpose of goading and guiding inquiry in any field in which signifying processes or practices are present). Such deployment of his semeiotic betrays the letter no less than the spirit of Peirce’s writings on signs. In this essay, the author accordingly presents Peirce’s sign theory as a heuristic framework, attending to some of the most important ways that it might serve to facilitate a semeiotic investigation of our legal practices. He pays close attention to the ways the topics of history, formalism, reductionism, and generality become, from a Peircean perspective, salient features of legal studies.

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The Emotionally Intelligent Officer? Exploring Decision-Making Style and Emotional Intelligence in Hostage and Crisis Negotiators and Non-Negotiator-Trained Police Officers

The research described in this article explores decision-making styles and levels of emotional intelligence displayed by police hostage and crisis negotiators in the UK. One hundred and seventeen negotiators from 21 police forces took part in the research, and their data were compared with 118 non-negotiator-trained police officers and 203 university students. Participants completed the General Decision-Making Style Questionnaire (Scott and Bruce Educ Psychol Meas 55(5):818-831, 1995) and the Emotional Intelligence Inventory (Gignac 2008), with data analysed using multivariate analysis of covariance (MANCOVA) and t tests. When controlling for the effects of age and social desirability, significant differences were found between both police samples and the student sample. All police officers displayed significantly lower levels of avoidant decision-making and significantly higher levels of overall emotional intelligence than students and these findings were also reflected within certain facets of emotional intelligence, specifically. These findings provide support for the existence of a unique ‘police officer profile’, but fail to support the premise of a distinct ‘hostage and crisis negotiator profile’ within the UK police population. The findings are discussed with relevance to the practice of hostage and crisis negotiation and future research directions.     

Pregnancy in prison,Mother and Baby Unit admission and impacts on perinatal depression and ‘quality of life’

Limited research exists on the impact of prison mother and baby unit (MBU) residence. Research in the UK suggests women in MBUs have lower prevalence of mental disorder. Higher rates of mother-child attachment for women in prison nurseries in the US have been reported. Eighty-five pregnant women were interviewed at baseline and 62 followed up in nine different prisons. The Edinburgh Postnatal Depression Scale (EPDS) was used to measure perinatal depression; the World Health Organisation Quality of Life (WHOQOL – BREF), for quality of life; and the Mother-to-Infant Bonding Scale (MIBS) for mother-child bonding. EPDS scores were higher at baseline than follow-up. Women admitted to MBUs had lower EPDS scores at baseline and follow-up, and this reduction was greater than for women not admitted to MBUs. WHO-QOL scores were higher at follow-up than baseline on all domains, except the social domain for those not admitted to MBUs. Findings suggest women with perinatal depression are less likely to be admitted to MBUs, and MBU placement may contribute to a reduction in perinatal depression. Increased QOL-BREF scores at follow-up suggest improved quality of life for all participants. Reduced support post-separation may contribute to lower social domain scores for women not admitted to MBUs.