The challenges of fighting sex trafficking in the legalized prostitution market of the Netherlands

In 2000, the Dutch authorities lifted the ban on brothels in the Netherlands. The essence of their approach was to regulate prostitution. People of legal age could now voluntarily sell and purchase sexual services. Brothels which complied with certain licensing conditions were legalized. This paper critically assesses the logic of a position that argues that human trafficking is reduced when actors in the legalized prostitution sector are made responsible for what happens on their premises (using licensing conditions). This idea is confronted with empirical evidence about the Netherlands in general and the city of Amsterdam in particular. Furthermore, the paper addresses two questions. What are consequences of the regularization of prostitution for the criminal investigation and prosecution of sex trafficking? How do criminal justice agencies collaborate with regulatory authorities in the regulated and non-regulated sectors of the prostitution market? The main conclusion is that the screening of brothel owners and the monitoring of the compliance of licensing conditions do not create levels of transparency that enable sex trafficking to be exposed. The prostitution business retains many characteristics of an illegitimate market and the legalization and regulation of the prostitution sector has not driven out organized crime. On the contrary, fighting sex trafficking using the criminal justice system may even be harder in the legalized prostitution sector.     

论我国政府采购法的法律责任

政府采购法属于行政法,其法律责任以行政责任为主,包括民事责任和刑事责任。对我国政府采购法的法律责任进行必要的分析,就可以发现政府采购法的法律责任的主要缺陷。完善政府采购法的法律责任:建立法律责任基金制度,完善法律责任追究制度,细化有关法律责任条款。     

Interrelations Between Local Soviets and Law Enforcement Agencies

The question of interrelations between local soviets and law enforcement agencies is of both general theoretical and practical importance for the intensification and development of the struggle against criminal and other antisocial phenomena. The Political Report of the CPSU Central Committee to the Twenty-seventh Party Congress voiced the demand "to steadfastly raise the responsibilty of law enforcement and other agencies, to strengthen state arbitration and the legal services in the soviets and in the national economy, and to improve the legal education of the population. The use of the entire force of Soviet laws in the struggle against crime and other legal infractions, so that people in every population center feel the concern of the state for their peace and inviolability, so that they be assured that not a single law breaker will escape the punishment he deserves, is an unceasing task."¹     

Legal remedies for spousal abuse: Victim characteristics,expectations, and satisfaction

Since 1980 legal remedies for spouse abuse have been established in various forms in every state. Social service agencies and shelters currently encourage victims to utilize restraining orders which now carry criminal consequences for the batterer, yet little empirical data have been reported concerning their use. The present paper describes two research studies-one conducted in Dane County (Madison area), Wisconsin, the other in Sacramento County, California-that provide new helpful information for these referring agencies and offer findings which reflect which victims use these legal remedies, what their expectations are, and how satisfied the victims were with the results. A final section discusses implications for change or clarification in policy, process, and education on the use of these legal remedies.     

Use of the Polygraph in Combating Crime

The current legal provisions directing the struggle against organized crime, the low technical level of investigative equipment, the investigators' extremely heavy work load, and the "procedural routines" necessary in gathering evidence obstruct any improvement in the environment that gives rise to crime. This requires the use of nontraditional (most often, nonprocedural) methods of criminal investigation. Thus there is an urgent need to update the guidelines that govern the use of such methods by law-enforcement agencies. In particular, a number of laws have been enacted allowing the admissibility as evidence of the products not only of video recordings and still and motion-picture cameras, but of other technical tools as well.     

The effects of legal and extra-legal characteristics on organizational victim decision-making

A variety of factors influence decisions to mobilize formal social control. With few exceptions, studies considering the effects of legal (e.g., case specific) and extra legal (e.g., offender and victim characteristics) variables have concentrated on sentencing under criminal law, an outcome subject to sample selection bias given that the majority of cases never reach this stage. Analyses of earlier decision points (e.g., victim calls for service, police use of force, and arrest), have focused on street crime and single jurisdictions. A neglected research context is the organizational victim’s response to employee fraud. Using a sample of 663 fraud cases, this study applies Black’s (The behavior of law, San Diego, Academic, 1976) theory of law to victim organizations’ decisions to mobilize formal social control. Results demonstrate that extralegal characteristics weigh heavily on decisions to initiate both criminal and civil outcomes. Specifically, offenders’ education and age decreased the odds of criminal legal mobilization. Mobilization of criminal law was also more likely by government agencies. Implications for Black’s theory and directions for further research are discussed.     

Carceral feminisms: the abolitionist project and undoing dominant feminisms

In this article we explore the intersections between white liberal feminisms and the carceral state, particularly within nonprofit agencies. We find a strong collusion between ‘dominating feminisms’ and the carceral state, through funding structures and the belief that the legal system can provide protection to victimized women. We use evidence from our own research on rape crisis centers and gender-responsive programming for criminalized women, respectively, to investigate how some nonprofit agencies further threaten the safety, stability, and self-determination of women of color, queer women, transgendered clients, economically disadvantaged women, and disabled women. As a result, when white liberal feminists seek to intervene in the criminal legal system, we often see reform efforts that directly strengthen institutions that perpetuate economic exploitation, colonialist notions of progress, and white supremacy. We conclude our article with an exploration of some guiding principles within noncarceral antiviolence organizations that espouse a liberatory feminist framework.     

国际刑事法院《罗马规约》犯罪构成要件刍议——以危害人类罪作为样本

尽管世界各国对于犯罪的规定各不相同,但其犯罪规定中所涵盖的成立犯罪的要件(犯罪要素)却大体相当.这种认识对象与内容的相通,正是国际犯罪概念和国际刑事司法审判活动及其机构产生的基础.国际刑事法院管辖的是整个国际社会关注的最严重犯罪,具体包括四类:灭绝种族罪、危害人类罪、战争罪和侵略罪.《罗马规约》对于犯罪构成要件的规定采用规约规定与《犯罪要件》细释相结合的方式,为在国际刑法领域实现法治化作出了有益的创新,开辟了国际刑事司法的新纪元.     

The structure of the conclusions in the forensic medical expertise of material evidence]

A new structure of conclusions including special chapter "Conclusion validity", which ensures their high availability for officials of legal investigation agencies is suggested. The examples of conclusion making on the basis of new form in case of blood, secretion and hair tests performed in two variants (known and unknown criminal) are presented.     

Liability for sexual harassment in criminal justice agencies

This article focuses on sexual harassment in criminal justice agencies from a legal perspective. The article briefly describes sexual harassment cases that address agency liability decided by the United States Supreme Court, discussing the standards of liability articulated in Burlington Industries Inc. v. Ellerth (1998), Faragher v. City of Boca Raton (1998), and Meritor Savings Bank v. Vinson (1986). A more precise understanding of when agencies are liable for the actions of their subordinates is developed through an examination of lower federal court decisions. Trends in the law are identified, as case law is categorized according to harassment by supervisors and co-workers. The article concludes by exploring the policy implications flowing from court decisions and by calling for further research on this troubling aspect of the criminal justice workplace.     

Legal perceptions of forensic DNA profiling part I: a review of the legal literature

A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.     

Forensic psychiatry in China

This article reviews the legal basis for the development of forensic psychiatry in China, the organization of clinical assessments, and training of forensic psychiatrists. Regulations for the management of patients in Ankang hospitals and the role of forensic psychiatrists within the Criminal Justice system are described. The primary role of forensic psychiatrists is to provide expert opinions on competence to stand trial and criminal responsibility in criminal cases. They are increasingly involved in civil court proceedings and tribunals at the request of a range of official agencies. The clinical cases assessed by Chinese forensic psychiatrists are very similar to those of their counterparts in Western countries, but the organizational and legal framework for these assessments reflects a very different system that has evolved independently.     

试论中国区际刑事司法协助的职能机关

在我国,区际刑事司法协助的主体是指内地、香港、澳门、台湾等四个法域,而其职能机关是指具体办理刑事司法协助事务的部门,它不仅限于司法机关,还应包括实际从事区际刑事司法协助活动的其他机关。中国的区际刑事司法协助是一个崭新而复杂的问题。在复合法域刚刚开始形成的背景下,中国区际刑事司法协助职能机关的确定,不仅取决于有关法律的规定,而且取决于实践的发展,并将随着各个法域行政和司法体制的变化而变化。     

再论刑事立案法律监督之完善

刑事立案监督是人民检察院进行法律监督的重要组成部分,也是启动刑事诉讼程序的关键环节,它对规范刑事立案权的正确行使,纠正立案活动中的违法行为具有重要的作用,但目前司法实践存在不少问题影响了检察机关实施刑事立案监督工作取得的预期法律效果。主要从我国立法关于检察机关刑事立案监督的程序规定入手,对刑事立案监督的对象、范围、标准以及具体实施中的一些问题进行了探讨,并结合我国司法实践和现实需要,从其价值实现角度提出立法必须明确刑事立案监督对象、完善刑事立案监督范围、建立专门刑事立案监督部门、完善刑事立案监督程序、完善刑事立案监督标准等。     

Clearing the Innocent: Guarantees of Personal Honor and Dignity

The measures of compulsion used to protect the interests of the state and society significantly constrain the rights of citizens suspected or accused of committing crimes. These constraints are necessary and justified. By its essence, compulsion by the state expresses application of the power to wield authority and in the given case affects the constitutional right of citizens to inviolability of the person. It is very important that such authority be used with adherence to legal and moral norms and with the greatest caution and tact. Toward this end guarantees of legality in the work of the agencies of police investigation, preliminary investigation, the procuracy, and the courts are being constantly strengthened and broadened. Their forms and methods of work are being improved, and the levels of political ideology and professionalism of officials so engaged are being raised. Guidance of criminal investigation has been improved, and criminal liability has been established for handing down a deliberately unjust verdict, making a knowingly illegal arrest or detention, and for the use of compulsion to testify.     

刑事执行法律关系探析

刑事执行法律关系是刑事执行法典制定过程中必须深入研究的带有前提性的理论问题 ,刑事执行法律关系是刑事执行法律体系中一个重要而相对独立的组成部分。刑事法律关系在性质、构成以及刑事执行法律事实方面所具有的特殊属性 ,是制定刑事执行法典的重要理论依据。     

Drug testing in the criminal justice work place

This article investigates the use of drug testing to combat drug use and abuse by criminal justice personnel. Arguments for and against drug testing are discussed, as well as the current legal status of employees. The implications and future legal trends of drug testing of criminal justice personnel are analyzed.     

Use of facial composite systems in US law enforcement agencies

Abstract

Facial composite images are often used in the criminal investigation process to facilitate the search for and identification of someone who has committed a crime. Since the use of facial composite images is sometimes relied upon as an integral part of an investigation, it is important to ascertain information about the various decisions made and procedures implemented by law enforcement regarding the use of composites. A 39-item survey was developed to examine the prevalence of a number of procedures related to composite production, including the systems implemented, criteria for selecting systems, law enforcement training, satisfaction with systems, legal challenges, and procedural issues with respect to interviewing multiple witnesses and the distribution of composite images. Surveys were distributed to 1637 city, state and county law enforcement agencies nationwide; 163 completed surveys were returned. This paper summarizes our survey results and discusses the implications for investigative procedures, law enforcement training, and future research needs.     

诈骗犯罪中“冒用他人名义”行为的民法效力依据

南京李某“冒用他人名义”购买飞机延误险案的争论本质,是诈骗犯罪中“虚构事实”客观构成要件的“冒用他人名义”行为的界定问题。根据民法规则,“冒用他人名义”所表现的名义主体与实际行为主体的形式不符,并非当然地具有民事违法性,其民事法律效力应根据实质的二阶层路径进行评价。基于统一法秩序要求,刑法中的“冒用他人名义”认定应在民法二阶层评价基础上展开。具体而言,在主体资格特定的法律关系中“冒用他人名义”行为在具有民事违法性的基础上可能构成诈骗犯罪中的“虚构事实”;在主体资格开放性的法律关系中,单纯的“冒用他人名义”行为因不属于民事欺诈,而不能被认定为诈骗犯罪中的“虚构事实”。     

涉案企业合规刑行衔接的初步研究

涉案企业合规改革的推行和深化,离不开行政监管部门的全面配合.检察机关在涉案企业合规改革探索过程中,也较为注重发挥行政监管部门的作用,并尝试利用现有的制度空间解决好与行政监管部门的衔接配合问题.但由于行政监管部门并没有配合刑事执法机关参与办理企业合规案件的法定义务,加上衔接配合的规则和程序粗陋缺失,刑行衔接程序出现不畅问...