Adaptive Programming Improves Outcomes in Drug Court: An Experimental Trial

Prior studies in Drug Courts reported improved outcomes when participants were matched to schedules of judicial status hearings based on their criminological risk level. The current experiment determined whether incremental efficacy could be gained by periodically adjusting the schedule of status hearings and clinical case-management sessions in response to participants' ensuing performance in the program. The adjustments were made pursuant to a priori criteria specified in an adaptive algorithm. Results confirmed that participants in the full adaptive condition (n = 62) were more than twice as likely as those assigned to baseline-matching only (n = 63) to be drug-abstinent during the first 18 weeks of the program; however, graduation rates and the average time to case resolution were not significantly different. The positive effects of the adaptive program appear to have stemmed from holding noncompliant participants more accountable for meeting their attendance obligations in the program. Directions for future research and practice implications are discussed.     

Changing Patterns of Legal Representation in Divorce: From Lawyers to Pro Se

Governmental assistance for legal representation in civil cases is far greater in the United Kingdom than in the United States of America. This article explores the extent of legal support for low–income Americans, particularly in the area of family law. Examination of the data on self–representation across the United States and over time shows decreased reliance on lawyers. Drawing on institutional and individual perspectives, the article then explores why individuals choose to represent themselves in divorce. What do lawyers add to a divorce besides cost? The article suggests patterns of lawyering depending upon the lawyer and the resources of the client. While some pro se individuals may thrive in the divorce process without the need of a lawyer, others are disadvantaged by the lack of services available to them. The matching process between case needs and legal representation does not work.     

Bad Torture -- Good Torture?: What International Criminal Lawyers May Learn from the Recent Trial of Police Officers in Germany

The author discusses whether a state agent who applies tortureagainst a suspect in order to prevent the death of one or moreinnocent persons can successfully plead a ground for excludinghis or her criminal responsibility under national (in particular,German) law as well as international law. The author examinesthe judgment of a German court, which recently found two policeofficers guilty of threatening to use violence against a suspectedkidnapper, but refrained from punishing them on account of theirmotivation to save the life of the hostage. The author maintainsthat the court's ‘guilty, but not to be punished’verdict could provide guidance for the resolution of comparablecases under international criminal law. He submits that thetension between the absolute ban on torture under internationalhuman rights law and the availability of defences even to crimesof torture under international criminal law should be resolvedthrough a human rights-oriented interpretation of the latter.The author concludes that criminal responsibility for tortureunder international criminal law cannot be excluded by the factthat the torturer acts to save innocent life; however, his orher altruistic motivation may be taken into account in determiningthe sentence.     

江苏省泰州市关于推进律师参与政府信访接待的思考与实践

江苏省泰州市律师参与政府信访接待工作开始于1999年,2001年在全市普遍推开.2001年以来,全市共有48家律师事务所、320名律师参与信访工作921人次,参与接访值班、义务提供法律咨询和法律服务8100次,接待上访群众1500人次,参与调处信访矛盾纠纷3000起,其中重大信访矛盾纠纷68起,有效避免群体性上访事件150起.     

从义务到权利：律师免证特权在我国的确立——以《刑诉法修正案（草案）》第46条为视角

2011年8月,全国人大常委会向社会全文公布了《刑事诉讼法修正案（草案）》。其中,第46条规定,＂律师对在执业活动中知悉的委托人的有关情况和信息,有权予以保密。但是,律师在执业活动中知悉委托人或者其他人,准备或者正在实施危害国家安全、     

Probability of exclusion in paternity testing: time to reassess

The average exclusion probability is a measure of efficiency in paternity testing; it refers to the a priori ability of a battery of tests to detect paternity inconsistencies. This parameter measures the capacity of the system to detect a false accusation of paternity. Traditionally, this average exclusion probability has been estimated as the probability of excluding a man who is not the father by an inconsistency in at least one of the studied loci. We suggest that this criterion should be corrected, as currently the presumed father is excluded when at least three genetic inconsistencies are found with the child being tested, not just one. This change of criterion has occurred because of the use of microsatellite loci, whose mutation rates are much greater than those of the coding genes used previously in paternity studies. We propose the use of the average probability of exclusion for at least three loci (not only one), as an honest measure of the combined probability of exclusion of several loci, and we propose an algebraic expression to calculate it.     

Responding to Child Sex Trafficking: Transnational Advocacy Networks in the Greater Mekong Subregion

The rapidly expanding market in enslaved children bought and sold for sex is one of the most inhumane transnational crimes that appears to have been facilitated by globalization and its many effects, such as a growing disparity in wealth between north and south. Child sex trafficking has become one of the most highly publicized social issues of this time, and, because of its global nature, transnational advocacy networks are well placed and central to leading campaigns against it. Transnational advocacy network anti-trafficking efforts have led to significant progress in the Mekong Subregion by bringing the child trafficking issue onto the global social policy agenda, resulting in new child protection legislation and improved interagency collaboration in the region.     

Introduction: Is it Possible to Produce Gender/Sexual Justice in Greater China and Singapore?

In the article, the author argues that since injustice still exists in the milieu of Gender and Sexuality of Greater China and Singapore; legal reform has to be introduced. In the age of Globalization, related legal reform can be carried out by transplanting related law from other jurisdictions, but cautions should be applied in handling the dynamics/dialogue between indigenous traditions and modernities. The article also discusses how religion can be facilitated as a platform where transplantation can happen smoothly.     

National Parliaments in the European Union: Are There Any Benefits to Integration?

Abstract: Scholars and observers alike agree that the European Union has weakened national parliaments. This article posits that such a view, while generally accurate, ignores ways in which the EU has helped national parliaments in their function as regulators of society. It identifies two key mechanisms: precedent setting and policy transfer. First, the EU has produced laws on topics considered beyond the traditional remit of national parliaments. The EU's intervention has justified the production of unprecedented domestic laws that go well beyond the incorporation of EU principles. This has expanded the legislative reach of national parliaments. The article considers the experiences of Italy and The Netherlands in the area of antitrust. Second, the EU has fostered an environment conducive to cross‐national lesson drawing. The resulting knowledge has helped the design of more effective domestic legislative frameworks. This has confirmed the viability of national parliaments as regulatory institutions. The article examines the Open Method of Co‐ordination and its application to the areas of employment and social inclusion. It concludes with a discussion of parliaments in future Member States and in Mercosur.     

Measurement of S&T Performance in the Government of Canada: From Outputs to Outcomes

A major trend in the assessment of R&D program performance over recent years has been the shift from a focus on activities and outputs as measures of success to a more comprehensive perspective which includes analysis of the recipients and beneficiaries and the immediate, intermediate, and longer term outcomes of R&D. This transition to a more complete view of performance has proven more difficult in practice than in theory, as it involves a significant culture shift. This article describes how some groups in the Government of Canada have used a performance framework approach to successfully measure R&D performance in federal organizations. The Canadian experience suggests that three elements are critical to the successful establishment of a performance management culture in an organization. First, a shared vision of the role performance information can play in the management process is necessary. Second, there must be a commitment to the vision as demonstrated by the appropriate organizational incentives and culture—including senior management support. Finally, the organization must have the capacity not only to produce credible performance information, but also to use it effectively.     

The Time Penalty: Examining the Relationship Between Time to Conviction and Trial vs. Plea Disparities in Sentencing

Although studies of sentencing routinely find that defendants who plead guilty receive relatively lenient sentences compared with similarly situated defendants convicted by trial, we have yet to fully understand the role of “mode of conviction” in the sentencing process. In particular, we know little about how the size of the disparity between guilty pleas and trial convictions may depend upon time in case processing, or the timing of pleas; that is, when during the process defendants plead guilty. This is a considerable issue, as “time” often is central to explanations given for plea-trial disparities. The current study examines this central, yet seldom empirically captured, dimension of the sentencing process. Using information gathered in an ancillary data collection effort operated under the supervision of the American Terrorism Study, we differentiate between the mode of conviction and time to conviction and explore the role of “time” in sentence severity, especially with regard to the plea-trial disparity. While consisting of defendants identified in connection with terrorism investigations, and sentenced in federal courts, our study takes advantages of a unique opportunity to isolate the effects of time from the mode of disposition and to explore time correlates of sentencing outcomes. In doing so, we raise important questions about the multiple ways in which time and mode of conviction may affect sentencing more generally and contribute to the larger theoretical discussions of how punishment decisions are made.     

Rethinking the Use of Statistical Evidence to Prove Causation in Criminal Cases: A Tale of (Im)Probability and Free Will

Law and Philosophy - Whenever a litigant needs to prove that a certain result was caused in a specific way, what could be more compelling than citing the infinitesimal probability of that result...