Is the death of the death penalty near? The impact of Atkins and Roper on the future of capital punishment for mentally ill defendants

In recent years, the U.S. Supreme Court has created two categorical exemptions to the death penalty. In Atkins v. Virginia, the Court exempted mentally retarded offenders. Three years later, in Roper v. Simmons, the Court extended the protection to juveniles. Based on these cases, the practices of foreign countries, and the opinions of professional organizations with relevant expertise, legal scholars speculate that the Court may, in the future, categorically exclude severely mentally ill offenders from the death penalty. This Note examines the feasibility of such an exemption for the mentally ill and considers its possible repercussions.     

China and the EU: Where next in bilateral trade and investment relations?

Trade and investment relations between China and the European Union (EU) have reached a momentous significance. China is the EU’s No. 1 supplier of goods and its second-largest export market. In turn, the EU is China’s largest trading partner. Not only goods but also services trade has large potential to grow, even as China undergoes a structural transition and the EU’s single market faces headwinds from a surge in state-centric political forces within Europe. Transport and trade-related services are bound to expand significantly as China’s integration into the world economy continues. Moreover, Chinese tourists have been flocking to Europe in ever greater numbers, giving a boost to related business. Foreign direct investment (FDI) is becoming the next engine of the China–EU partnership. While the EU is a long-standing investor in China, Chinese direct investment accounts for <1 % of the EU’s total inbound FDI stock. Investment relations have seen tremendous dynamism in line with Chinese companies’ outward expansion and Chinese M&A deals vis-à-vis the EU have grown rapidly in magnitude, scope and sophistication. Finally, plenty of headroom exists for greater adoption of the use of the Chinese Renminbi (RMB) in Europe, supporting financing of both investment and trade. The Bilateral Investment Treaty (BIT) currently in negotiation between China and the EU as well as growing rather than declining interdependence of trade and investment highlight the future potential for a comprehensive free trade agreement between the EU and China.

     

Focusing on How Rather Than on Whom: Constructing a Process-Based Framework for Interpreting the Press Clause in the Network-Society Era

The Internet has made it possible for anyone to become a publisher, thus raising questions regarding how the press clause of the First Amendment will be defined in the twenty-first century. This study proposes a process-based framework for understanding the press clause that moves away from the historically problematic questions that arise with approaches that seek to determine who is a journalist. This approach aligns with historical conceptualizations of the press clause and the characteristics of the network society. The proposed framework is drawn from an analysis of recent lower-court cases in which citizen publishers claimed protections that have traditionally been associated with journalism, as well as an examination of the decisions of the Supreme Court of the United States and of legal scholars’ historical understandings of the clause.     

Learning to be cruel?: exploring the onset and frequency of animal cruelty

Few studies have examined how animal cruelty is learned within a specific social context among incarcerated individuals. Using data from 261 inmates, this study specifically addressed how demographic characteristics and childhood experiences with animal abuse may have affected the recurrence and onset of childhood and adolescent cruelty as a learned behavior. Multiple regression analyses revealed that inmates who experienced animal cruelty at a younger age were more likely to demonstrate recurrent animal cruelty themselves. In addition, respondents who observed a friend abuse animals were more likely to hurt or kill animals more frequently. Finally, inmates who were younger when they first witnessed animal cruelty also hurt or killed animals at a younger age.     

Prosecuting in paradise – race,politics and the rule of law in Fiji

This article looks at the violent coup in Fiji in 2000 led by George Speight in which the multiracial Government of Mahendra Chaudhary was overthrown. The article gives an insider's account of a subsequent criminal trial of some senior political figures who had supported Speight, including the Vice-President of Fiji. They were charged with taking treasonous oaths of office to serve in a rebel Government under Speight at a time when the legitimate Head of State, President Ratu Sir Kamasisi Mara, was struggling to prevent the nation from descending into total chaos and anarchy. The article considers how the trial had important ramifications for the rule of law in this developing south Pacific nation.     

Exploring the age of onset and recurrence of childhood animal cruelty: can animal cruelty be learned from witnessing others commit it?

Despite recent research, few studies have examined the specific social contexts in which animal cruelty may be learned. Using data collected from 180 inmates at a medium- and maximum-security prison in a southern state, the authors seek to replicate findings from the Hensley and Tallichet study that examined the potential for the onset and recurrence of childhood animal cruelty to become a learned behavior, specifically in terms of demographic characteristics and childhood experiences with witnessing animal abuse. In the current study, those who were younger when they first witnessed animal cruelty initially hurt or killed animals themselves at a younger age. Respondents who had witnessed a family member hurt or kill animals reported engaging in recurrent animal cruelty and were older when they committed their first act of animal cruelty.     

Review of Findlay Stark,Culpable Carelessness: Recklessness and Negligence in the Criminal Law

This book review sketches the main arguments of Findlay Stark’s book, and then goes on to develop an objection to Stark’s account of one of the core notions in the book—namely, awareness of risk.     

Psychiatric care or social defense?: The origins of a controversy over the responsibility of the mentally ill in French forensic psychiatry

While some countries like Belgium chose a penal system clearly inspired by social-defense theories for mentally disturbed criminals, the French law hasn't been consistent and varies from the enlightened classical law and social-defense law. Indeed paragraph 1 of article 122-1 states that people whose discernment or control is abolished by a psychiatric disorder are non-responsible respecting the classical logic of law. On the other hand, Paragraph 2 of Article 122-1 allows the mentally ill to be judged responsible whereas no institution exists to take care about them. Then the system of psychiatric care in prisons present as a solution for professionals wishing to promote a system where people are punished and socially rehabilitated. Thus these forensic psychiatrists don't refer to paragraph 1 of article 122-1 and even people presenting serious mental disorders are considered responsible. Moreover, if a controversy has always existed between psychiatrists who argue a large conception of mental irresponsibility and professionals who defend the right to punish and to conclude that responsibility even for mentally disturbed criminals, the controversy becomes more important in French forensic psychiatry after the Second World War. If until the 1970s the practice of imposing responsibility for mentally ill individuals shows itself as a humanism, it occurs more within a security perspective today.     

“To establish a community of property”: Marriage and race before and during the Haitian Revolution

The Haitian Revolution (1791–1804) was the greatest social upheaval in the Age of Atlantic Revolutions. The paper presents results from the first systematic study of marriage during this event, which included slave rebellion (1791), general emancipation (1793) and political independence from France (1803). The article focuses on a single colonial parish, leveraging a sample of roughly 1000 contracts by comparing them with similar documents from same region in the 1760s and 1780s. Ironically, amid a revolution that was ostensibly eliminating slavery and racism, the interracial marriages that had once been common in this parish virtually disappeared. The wealthy “mulatto” families who had been free long before 1791 intensified their pre-Revolutionary pattern of endogamy and cousin-marriage. In the meantime, French male immigrants of the sort who, before the Revolution, had allied with these established clans, now shunned these marriages.     

The politics of race and juvenile justice: The “due process revolution” and the conservative reaction

Through the prism of race, this article analyzes the social structural and political context of juvenile justice law reforms over the past half century. Throughout the 1950s and 1960s, the Supreme Court imposed national legal and equality norms on recalcitrant southern states that still adhered to a segregated Jim Crow legal regime, and these norms provided the impetus for the Supreme Court's juvenile court “due process” decisions in the 1960s. The article then analyzes sociological, criminological, racial factors, media coverage, and political dynamics of the 1970s and 1980s that contributed to the “get tough” legislative reformulation of juvenile justice policies in the 1990s. During this period, conservative Republican politicians pursued a “southern strategy,” used crime as a code word for race for electoral advantage, and advocated “get tough” policies, which led to punitive changes in juvenile justice laws and practices and have had a disproportionate impact on racial minorities.     

Default entitlements in personal data in the proposed Regulation: Informational self-determination off the table … and back on again?

This paper aims to assess the proposed General Data Protection Regulation through the framework of default entitlements in personal data. The notion of default entitlements comes from economic analysis of law and provides new insights into the implications of the data protection reform. While, under the principle of informational self-determination the default entitlements should lie with the individual, the Commission is shown to assign a great deal of default rights to others, including the Information Industry. This article cautions against the possibility of reducing the European system of data protection rooted in the values of individual autonomy and informational self-determination to a mere set of administrative rules channelling the flow of personal data, yet without a clear direction.