The rise and fall of legislative service organisations in the United States Congress

The abolition of Legislative Service Organisations by the 104th Congress (1995–96) constituted one of its earliest achievements. Although political dissensus had surrounded the role and activities of LSOs throughout their institutional existence, the Republican victory in the 1994 congressional elections was the critical factor prompting their abolition. Prior reform attempts had faltered upon the Democratic party's post‐1954 dominance of the House of Representatives and the diffuse representational and institutional benefits which LSOs conferred upon their members. However, when, under a new Republican majority, the perceived costs of LSOs were held to exceed their benefits, the organisations were rapidly terminated. The abolition of LSOs lends new and additional support to scholars who emphasise the continued salience of party to congressional politics in the United States.     

The importation and re-exportation of organized crime: explaining the rise and fall of the Jamaican posses in the United States

During the 1980s and 1990s, Jamaican posses captured the imagination of the press corps, film makers, and numerous of criminal justice scholars in the United States. However, except for a few historical references, their virtual disappearance from the contemporary criminal justice literature leaves many unanswered questions. In updating the literature, this paper examines the main factors contributing to the decline of Jamaican posses in the United States and explains how their criminal activities were displaced to Jamaica through aggressive U.S. anti drug and anti-gang operations and immigration policies.     

The Rwandan diaspora in Canada and the United States: reconciliation and justice

Following the 1994 Rwandan genocide, many Rwandans fled and a modest diaspora was established throughout Canada and the United States. Diaspora are subject to many of the same concerns regarding justice and reconciliation as those who remain in Rwanda. This research focused primarily on how this diaspora attempted to achieve justice and reconciliation, if institutional mechanisms (gacaca) in Rwanda had a residual effect, and if they created any specific mechanism to facilitate justice and reconciliation among themselves. In-person and telephone interviews were conducted with eight members of the diaspora in the United States and Canada between May 2015 and March 2016.

Interviews suggested that justice among the diaspora is inherently connected with justice in Rwanda, and participants felt that justice has not been achieved in either location. Reconciliation among the diaspora, while tied to reconciliation in Rwanda, may be its own construct. Interviews demarcated ‘thin’ reconciliation and ‘thick’ reconciliation, suggesting that ‘thin’ reconciliation exists among the diaspora, but that ‘thick’ reconciliation is rare. Discussion of gacaca was limited, as participants stated it did not address justice and reconciliation in Rwanda. Participants did not report any diaspora specific mechanism regarding attempts at justice and reconciliation.     

Adaptations of Aboriginal justice in the United States

Aboriginal justice in the United States is unique for two reasons. First, Aboriginal Natives subscribed to the Harmony Ethos, a system whereby Natives did not detach themselves from nature. Unlike Western cultures, they lived cooperatively with ‘Mother Earth’, ‘Father Sky’ and everything these two entities represented. Secondly, no other group in US history has been subjected to the magnitude of deliberate policies aimed at their destruction. Manifest physical genocide towards Native peoples was exercised and sanctioned by the US government until the 1890s while the more subtle practice of ‘cultural genocide’ continues to the present. Yet, in spite of these assaults on Native culture, attributes of their Aboriginal ways have not only survived but have experienced a resurgence within the past decade. Unfortunately, it appears that the more Native traditions survive, the more adamant are local, state, and federal efforts towards destroying any remnants of traditional values and customs including tribal autonomy.     

Criminal justice education in the United States: A profile

Various commissions from the Wickersham (1931) to the National Advisory Commission on Higher Education for Police (1978) have called for the upgrading of police educational levels. Junior colleges, colleges and universities have responded by creating a plethora of educational programs. However, currently, little is known about the nature, form, or practice of criminal justice education in the United States. In attempting to fill this void, data from the Law Enforcement Education Program (LEEP) are presented concerning the number of students, criminal justice majors, and degrees awarded as well as institutional control, location, and type. These previously unpublished data are presented in a primary form (frequency distributions and cross-tabulations) to allow the reader to draw conclusions about the nature and scope of criminal justice education. Brief interpretations, however, are provided.     

Criminal justice curricula in the United States: A decade of change

This research on criminal justice programs and curricula in 1999–2000 is a follow-up to Southerland's study of baccalaureate programs in 1988–89, published in the Spring 1991 issue of the Journal of Criminal Justice Education. A national overview and regional differences are presented. Positive and negative changes are highlighted, and recommendations for improvement are included. The findings are evaluated in light of the ACJS Minimum Standards for Criminal Justice Education and the broader context of general trends in higher education.     

关于举证责任倒置与司法公正的思考

本文以侵权责任法的出台为契机,结合目前医患纠纷司法实践中备受社会广泛关注的举证责任倒置这一热点问题,仔细梳理了我国《民法通则》、《医疗事故处理条例》和《最高人民法院关于民事诉讼证据的若干规定》等法律法规与司法解释的相关规定,援引国外相关案例进行剖析,并从举证责任分担规则上如何更能体现司法公正提出立法建议,以期对当前医患纠纷的司法解决体现公平公正有所裨益。     

Crime and justice in Tudor-Stuart England and the modern United States

This paper surveys the criminal justice system in 16th and 17th, century England, for the purpose of pointing out important similarities between its workings and the operation of the criminal justice system in the modern United States. Topics covered include (1) the nature and incidence of crime; (2) citizen participation in and cooperation with the criminal justice system; and (3) the disposition of persons and cases. The authors conclude that, contrary to popular opinion, early modern England was not a halcyon period of law and order. That the English criminal justice system was beset by problems similar to those faced today seems to indicate that the interaction between law and society is inherently problematic.     

成就與局限:能動主義司法實踐中的個人信息保護

在我國,司法機關對個人信息的保護,具有較強的司法能動性和司法造法性。因爲在立法上,不但對傳統(古典)隱私權的獨立保護是較晚的事情,而對以個人信息爲主要保護對象的現代隱私權的保護,是在完全沒有個人信息保護法的背景下完成的。對我國關於個人信息保護的司法實踐分析和研究,有助於     

The rise and fall of EU labour law

EU labour law—namely that heterogeneous, unstable combination of interventions, tools, measures, sources through which the EU directly or indirectly impacts on the normative and functional frameworks of individual and collective labour law systems of the Member States in a relationship of mutual interference and interaction–is experiencing a progressive loss of relevance, with an unprecedented decline of its normative rationales, functions, regulatory techniques, and constitutional hierarchies. This article offers a critical reflection on the reasons behind such a regressive path in the context of the EU crisis.     

The rise and fall of communal liability in ancient law

In ancient societies, rules of communal responsibility permitted the imposition of retaliatory sanctions on a wrongdoer's clan. These rules followed the collective ownership structure of early communities. Over time, notions of personal responsibility emerged, terminating the transfer of responsibility from one member to the whole clan. This paper intends to provide an economic explanation for this transition.     

Toward a criminal justice epidemiology: Behavioral and physical health of probationers and parolees in the United States

Objective

This study explicitly articulates a criminal justice epidemiology by examining the behavioral and physical health of probationers and parolees derived from a nationally representative sample of adults in the United States.

Methods

Using public-use data from the 2009 National Survey on Drug Use and Health (NSDUH), this study employed binary logistic regression with adjustments for complex survey sampling and compared probationers and parolees to the general population with respect to past-year substance use, risk perception, treatment experiences, and health.

Results

After controlling for the effects of age, gender, race, income, and education probationers and parolees are far more likely to report using alcohol and drugs in the past year, have reduced risk perception, and are far more likely to have had some kind of treatment for substance abuse or dependence. Probationers and parolees are also significantly more likely to experience anxiety and depression, asthma, and sexually transmitted diseases.

Conclusions

This criminal justice epidemiology study indicates that the behavioral health of probationers and parolees hamper efforts to increase public safety goals. Forging closer ties between criminal justice and public health systems is necessary to reach these goals.     

The bugle of justice: the romantic socialism of William Morris and George Orwell

This essay considers three possible applications of the concept of justice to the work of William Morris and George Orwell. It begins with a brief look at the treatment of criminals in Morris's utopian writing: a specific issue which anticipates some of the points of the modern restorative justice model. The bulk of the essay is devoted to the elaboration of four interconnected elements of the utopia of romantic socialism in Morris and Orwell: elements that provide the positive building blocks of the just society of human well‐being. The roles of the past, of nationality, of the natural environment, and of the demechanization of labor in the creation of the community of the future are considered. The final section, by drawing on several other specimens of socialist utopianism, examines the insufficiency of emotional ethical responses to injustice in producing a convincing version of ideal arrangements, and thereby highlights the value of the romantic visions of Morris and Orwell.