Drug Prevention and the DARE Programme in Britain

An increasing interest in drug prevention has led to the growth in various programmes, most of which have been imported from the United States. The programmes receiving the most acclaim are the so-called resistance training programmes, of which Drug Abuse Resistance Education (DARE) is the most widely used whether in America or elsewhere. It has also been surrounded by controversy. Resistance training programmes are given to schoolchildren, the aim of which is to teach them skills to resist pressure to take drugs. DARE has recently been introduced in Britain in Nottinghamshire; another similar programme, Chemical Abuse Resolution Lies in Education (Project Charlie), operates in Hackney, London. The aim of this paper is to review the data on the effectiveness of these programmes. The conclusion is that drug resistance programmes have had a mixed response in the US, but that Project Charlie has had reasonable success in London and that DARE in Nottinghamshire needs a long-term evaluation to determine its effectiveness. Such an evaluation could have an impact on drugs prevention policy over the next decade.     

Animal protection and legislators in Britain and the United States

This article considers the reaction of legislators to the emergence of animal protection as a political issue. A quantitative analysis of legislative behaviour in the House of Commons and the House of Representatives in the late 1980s and early 1990s reveals (mainly through the identification of a small but significant group of legislators willing to promote concern for animal welfare) that the growing societal concern for animals has permeated into the political institutions of Britain and the United States. Examining the characteristics of these legislators suggests, moreover, that the most significant variable is party label, with concern for animals being associated with parties of the centre‐left. It is further suggested that there are good reasons to suppose that this association is no accident and that ideologically, there is a fit between animal protection and the ideals of the left.     

英国的讯问同步录音录像制度及对我国的启示

我国司法实践部门正在逐步推行讯问同步录音录像制度,《刑事诉讼法(修正草案)》也规定讯问严重案件犯罪嫌疑人应当同步录音录像。作为讯问同步录音录像制度的发源国,英国经过长达20多年的论争和反复试验,最终才于1988年建立了讯问录音制度。2002年,英国又通过《警察与刑事证据法守则F》建立了讯问录像制度。《警察与刑事证据法守则F》根据讯问录像制度的运作机理,确立了许多不同于讯问录音制度的规则和程序要求。英国建立讯问同步录音录像制度的经验给我国以下启示:建立和推行讯问录音录像制度必须获得侦查人员的支持;该制度预期功能的发挥要求建立严密的监督机制;应保障辩护方对录音录像有充分的程序参与权。     

Free press-fair trial in Britain and America

This article is a comparative examination of how the free press-fair trial issue is treated in Britain and America. Results of the study indicate that the British have very strict rules regarding trial publicity and media interference with the administration of justice. The United States, on the other hand, has sought to satisfy the First Amendment rights of the press and the Sixth Amendment rights of the accused through a judicial balancing of the competing interests. Consequently, the American people are much better informed about the workings of the criminal justice system than is the British public. The study concludes with proposals to reform the British system, especially the law of contempt.     

Tensions in the Regulation of Abortion in Britain

This article discusses policy and practice in abortion provision, paying particular attention to the provision of counselling before abortion. It discusses the way the Abortion Act 1967 constructs the woman seeking abortion, the reasons for the development of a policy about abortion counselling in the 1970s, and that policy's relationship to the assumptions about women underlying the statute. The ways in which policy has developed since 1977 are considered, and how policy and practice have come to view women seeking abortion in a way that contrasts with the construction of them that emerges from the law. Thus, the article argues, given that the 1967 Act and other rules that regulate abortion provision seem to rest on contradictory assumptions, the law should be reformed in line with policy and practice.     

Unmarried Cohabitation and Parenthood in Britain and Europe

This paper focuses on cohabitation and unmarried parenthood across a range of European nations. It includes a brief outline of the history of cohabitation, reviews recent trends in cohabitation and unmarried parenthood, compares the stability of marital and cohabiting unions, examines the extent to which cohabiting couples are regarded as families, and the final sections include a review of the policy responses to date, as well as a discussion of the impetuses that may lie behind the rise in cohabitation and unmarried parenthood.     

Public opinion and penal reform in Britain

The author argues that it is very difficult to seek legitimation and support in public opinion attitudes both for reformers and counter-reformers of the penal system. He disputes the very existence of public opinion itself, and stresses that definitions of crime are often based on an emotional conspiracy whereby the parties involved ignore one another's perception: institutions, offenders, victims, the public, and last but not least, criminologists.     

Digital Britain – the final report

The final Digital Britain report was published in June as to set out the Government's final proposals and updating an interim version that has been published in January this year. This article builds upon an earlier article in [2009] 25 CLSR 263, which analysed the interim report in depth. The intention is not to repeat that earlier analysis, but rather update it and draw the reader's attention to those key areas of change.     

Discrimination Law and the Ebb and Flow of Indirect Effect in Britain

Strained judicial interpretation of British discrimination law is not new; some of the leading House of Lords cases on the European Union law doctrine of Indirect Effect have concerned discrimination law. The interpretative obligation, to read national law in line with EU law, has seen words read in and like being treated with like according to changing mores. However, the disability discrimination case of EBR Attridge Law v Coleman [2010] I.C.R. 242 saw an entire sub-section being read in by an Employment Appeal Tribunal. This article briefly reviews the House of Lords’ approach in earlier cases, primarily through the prism of discrimination law, and then asks, following more recent Employment Appeal Tribunal cases concerning pregnancy discrimination and the protection from victimisation within the Equality Act 2010, whether the high-water mark for judicial re-writing has been reached in Britain and whether compliance with European law can better be attained in other ways.     

近代英国法治思想的传播与当代启示

英国法治理念肇始于近代社会政治变革。17世纪初,英国资产阶级与封建土地贵族的矛盾不断激化,传统政治体制的瓦解,印刷媒介的发展以及阅读型的形成,为以权利为核心的法治、平等、自由等现代政治价值的广泛传播提供了重要契机。新旧价值理念的激烈碰撞启发和塑造了近代英国公众的理性精神,凝聚起了现代化进程。当代中国正处于大国向强国的转型期,合理吸收其他国家的历史经验,可为新时代培养法治文化、弘扬法治精神维护法律尊严提供有益借鉴。     

Personality disorder and violence in the national household population of Britain

Background: Antisocial personality disorder (ASPD) is strongly associated with violence but the effects of other personality disorder (PD) categories are uncertain. Purpose: To investigate associations between 10 DSM-IV PD categories and effects of co-occurring disorders on self-reported violence. Method: Cross-sectional survey of 8397 adults aged 16–74 years in households in Great Britain. Results: ASPD contributed strongly to the burden of violence in the British population. Paranoid and obsessive–compulsive PD made additional independent contributions, and narcissistic PD contributed to intimate partner violence. The prevalence of violence correlated with the number of PD categories. Comorbid alcohol dependence further increased the risk. Conclusions: Risk of violence increases with increasing severity of PD, measured by the number of PD categories, and with co-occurring alcohol dependence. Not all PD categories are associated with violence, and avoidant PD was protective. Identification of targets for future interventions may be obscured using a classification based solely on severity.     

英国现行陪审制度

1066年，诺曼底公爵威廉率兵登陆，统一了英吉利王国，而其另一历史功绩便是在用英国的法律统治英国的同时，也把诺曼人在审判中设立陪审团的古老习惯带到了英格兰。陪审制最早出现在兰尼米德地区，且只用于刑事案件，后来才广泛适用于民事案件。公元十二世纪，亨利二世以立法的形式将陪审制度确立下来。应该说，陪审制度在英国司法体制甚至在美国、加拿大、澳大利亚等国也占有极其重要的地位。而我国对此缺乏较为系统的研究，本文拟就其基本情况概要介绍，以期抛砖引玉。一 概 述有关陪审制度的现行立法主要集中在《1974年陪审法案》中。陪…     

英国相似事实证据规则简介

作为一个能给事实裁判者带来一种不公正倾向性的特殊证据,相似事实证据的采纳和发 展完善,在英国的司法实践中径历了一个不断成熟的过程。并且对我国证据立法有着很强的借鉴意义。