Structuring Judicial Discretion in China: Exploring the 2014 Sentencing Guidelines

In recent years, a range of western jurisdictions has introduced reforms designed to restrict and guide judicial discretion at sentencing. The reforms enacted include mandatory sentencing laws and guiding statutes prescribing sentencing purposes and principles as well as important aggravating and mitigating factors. However, formal guidelines are the most promising and well-studied innovation. We may now add China to the growing list of countries that have recognized the utility of guidelines. Over the past decade, China has slowly developed sentencing guidelines for its courts. The new guidelines contain both general directions with respect to the determination of sentence as well as specific numerical guidelines for common offences. The guidelines do not follow the approach taken by the US schemes, many of which employ a two-dimensional sentencing grid. Instead, China has adopted a strategy consisting of “Starting Point” sentences which are then adjusted by the court to reflect relevant mitigating and aggravating factors. This approach is much closer to the guidelines developed in England and Wales and those proposed but not yet implemented in New Zealand and Israel. In this article, we explore the new Chinese guidelines and provide a limited comparative analysis with guidelines in other jurisdictions. England and Wales is selected as the principal comparator since it has developed and implemented a comprehensive system consisting of both offence-specified guidelines as well as generic guidelines.     

Spectator Violence in Sports: A North American Perspective

Spectator violence has long been associated with professional football in Europe. This article examines the issue of spectator violence from a North American perspective. We begin by noting that there is little systematic research into the scope of spectator disorder in North America. Perhaps for this reason there is little consensus about the true scale of the problem on this side of the Atlantic. It does seem clear at least that there is less spectator violence associated with professional sports in North America. After reviewing a number of explanations for this finding, we conclude that it has less to do with criminal justice policies or practices, than the social context surrounding the 'spectatorship' of sports in North America. Perhaps the most important explanation for the variance in crowd behaviour concerns the demographic profiles of sports spectators in European football and North American sports.     

The Triumph of Loyalty Over Competence: The Bush Administration and the Exhaustion of the Politicized Presidency

The most important administrative aspect of the George W. Bush presidency was not its formal management reform agenda, but its attempt to extend the politicized presidency. Efforts to assert tighter political control of the federal bureaucracy, revived during the Ronald Reagan administration, were pursued to an extreme under Bush. Loyalty triumphed over competence in selection, and political goals displaced rationality in decision making. However, the strategy of politicization undermined the Bush administration’s own policy goals as well as its broader agenda to restore the strength of the institutional presidency. This apparent failure of strategy signals the urgent necessity for a fundamental reconsideration of the politicized presidency.     

A Disruptive Influence? “Prevent‐ing” Problems and Countering Violent Extremism Policy in Practice

This article describes how disrupting the activities of suspected violent extremists has become an increasingly significant construct in the policy and practice of the Prevent strand of UK Counter‐Terrorism. Informed by empirical data collected during semi‐structured interviews with police officers involved in conducting disruptions and members of the communities where these occurred, blended with a limited amount of field observation, the analysis documents how and why a logic of disruption has assumed increasing prominence in counter terrorism work. In respect of police interventions in particular, implementing disruptions, rather than pursuing fully‐fledged prosecutions, represents a pragmatic way of reconciling increasing demand with limited resources, as well as managing some of the difficulties of translating intelligence into legal evidence. Conceptualized in this way, the analysis positions disruption as a distinctive mode of crime prevention; one premised upon logics of near‐event interdiction. As such, it is understood as rather different in its operations and functions to other forms of “early intervention” that are increasingly prominent in much contemporary crime prevention policy. By focusing upon how specific Prevent interventions are implemented and performed this analysis makes a particular contribution to our knowledge of counter terrorism work. This reflects the fact that most previous studies of Prevent and other countering violent extremism programs have provided analyses of community perceptions and reactions to policing and the policy frame, rather than the configuration of the interventions themselves.     

The ‘illegal sentences which magistrates were daily passing’: The Backstory to Governor Richard Bourke's 1832 Punishment and Summary Jurisdiction Act in Convict New South Wales

Recent literature has recast the history of the British empire as a vast project of intervention in and reordering of colonial legal administrations. Closer inspection of local moments of legal reform, however, reveals substantial complications and contradictions in that project. This article re-considers Governor Richard Bourke's Punishment and Summary Jurisdiction Act 1832, the most celebrated legal intervention in the history of the ‘convict colony’ of New South Wales by a governor whose liberalism and humanitarianism epitomized the spirit of imperial reform agendas. The nature and objectives of Bourke's so-called Fifty Lashes Act are widely misunderstood. This article shows that while Bourke positioned his Act as a matter of legal urgency, its core aim was to render convict punishment more useful and economical. Moreover, Bourke's reforms were less innovative than is commonly assumed, being mostly required to re-assert and refine existing law that was being disregarded. Nevertheless, Bourke's reforms did address long-contested legal issues surrounding the summary jurisdiction of colonial magistrates and the local application of English transportation law. The backstory to the Act reveals the remarkably complicated and truly disordered state of the law in New South Wales, but this article also shows how the implementation of legal reform was seasoned with confusion and caution.     

Mitochondrial DNA amplification success rate as a function of hair morphology

This study examines the amplification success rate of mitochondrial DNA from human head hair with respect to their potential for forensic application. Mitochondrial DNA was isolated using a Chelex-based extraction method and amplified using the LINEAR ARRAY duplex PCR system. The particular focus of this study was to characterize the morphological features of human head hair in order to further the understanding of the factors that influence amplification success rate in hair tissue using the LINEAR ARRAY duplex PCR system. 2554 head hairs from 132 individuals representing four population groups were amplified. The hair samples were characterized as follows: 1251 were identified microscopically as telogen hairs and 1303 were classified as hairs without roots (removed before extraction). Amplification success was assessed as a function of several independent variables: morphological characteristics; telogen root versus no root; donor age; scalp origin; use of cosmetic hair treatments; and race of the donor. The results show that a positive correlation exists between amplification success and the presence of a telogen root. Combining the amplification success with either the original or optimized protocol, telogen hairs result in an overall success rate of 77.5% compared with 65% for hairs with no roots. Controlling for telogen hairs, the findings indicate that the overall success rate is independent of cosmetic hair treatments; medulla structure; shaft length, diameter, and volume; and scalp origin. Conversely, the age of the donor, the race of the donor, and hair pigmentation all contribute to a variation in amplification success rate.     

Latent Profile Approach to Duration of Stalking

Abstract: Stalking behavior and victim–stalker relationship are often the principal known factors in a stalking case. Thus, they are of great importance when trying to identify factors contributing to stalking duration. The present study aims to identify distinct subgroups of stalking victims based on measures of behavioral stalking dimensions. These victim subgroups, stalking dimensions, and victim–stalker relationship are examined in relation to stalking duration. Using a sample of 137 university students, latent profile analysis (LPA) revealed five distinct victim subgroups based on stalker behavior dimensions: surveillance, low‐profile, social lurker, wide scope, and baseline stalkers. The subgroups were significantly related to stalking duration and explained a considerable amount of the variance along with the stalking dimensions and victim–stalker relationship. Connections to stalking literature and utility of person‐orientated methods in stalking research are discussed.     

EU update

This is the latest edition of Baker &; McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.