Systems Changes Associated with Criminal Justice Treatment Networks

This article examines the ability of service networks to improve substance abuse treatment access and service delivery to adult, substance-abusing female offenders. In fiscal year 1995, the Center for Substance Abuse Treatment (part of the U.S. Department of Health and Human Services's Substance Abuse and Mental Health Services Administration) funded four demonstration projects to establish Criminal Justice Treatment Networks to improve substance abuse treatment access and service delivery to adult female offenders while they were involved in the criminal justice system. This study seeks to determine whether the networks promoted systemic change in the community agencies and organizations where they are housed. This article is based on a series of annual site visits, reports, and regular communication with network staff and local evaluators. The findings indicate that networks can improve service delivery in criminal justice and substance abuse treatment systems.     

The Long Shadow of Police Racial Treatment: Racial Disparity in Criminal Justice Processing

This article explores racial disproportionality in criminal justice processing in an era of punitive criminal justice policies and mass incarceration. Using arrest data from New York State, the authors compare the racial disparity in prison sentencing with the disparity at arrest while controlling for crime type and criminal history of the arrest population. Findings show that the racial disparity in prison sentencing at the state level is established before courts begin criminal case proceedings. Scholars and policy makers interested in the sources of racial disparity in incarceration should concentrate on the processes that generate crime and arrests. However, a decrease in racial disparity at prison sentencing, relative to arrest, suggests that the practices of courtroom actors still merit scholarly attention.     

Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals

International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through the selection of individuals to indict, demonstrated leniency on some suspects and outreach to domestic legal professionals. Using a duration model that accounts for sample selection and data collected on the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, I test these theories alongside other existing explanations. I find that court activities can have an independent effect on the successful implementation of international criminal law.

宽严相济的刑事政策与未成年人犯罪刑罚的适用

宽严相济的刑事政策要求在适用刑罚时要根据实际需要当宽则宽、当严则严，宽严审时、宽严有度。由于未成年人身心发育的特点及犯罪原因的特殊性，对未成年犯科刑时应当体现出轻缓、宽容的一面，对较为严厉且不能实现刑罚目的的无期徒刑、财产刑及资格刑的适用应当作出相应的限制。     

论“以人为本”与我国刑事法治

随着世界范围内人权保护的勃兴,刑事法治越来越受到重视.刑事法治是法治在刑事法领域的具体实现,其核心是限制国家权力对公民权利的侵害,标志为罪刑法定,体现了"以人为本"的价值取向.我国正在推进刑事法治建设,以"以人为本"的标准来看,我国刑事法治还存在着诸多缺陷,因此,在刑事立法、刑事司法和刑事执行中贯彻"以人为本"的精神,是我国走向刑事法治道路的理性选择.     

Viewpoint: New Ethics for Space Commerce

The space age is likely to be dominated by space commercial activities. As these activities develop, it is important to consider business values, commercial ethics, and trade discipline. The failure to do so could result in space commercial development on the basis of greed for profit and competitive advantage for advancement, as has taken place on Earth. To better prevent this possibility, this article proposes that there is the need to develop a “New Ethics for Space Commerce” based on high standards of business morality and commercial honesty, with moorings in conscious social responsibility and due regard to ecological sustainability.     

民愤的反思:刑事司法的阿基里斯之踵

民愤在刑事司法中扮演着重要角色。有时它能够对司法起到一定的外部监督作用,但是从根本上看,民愤违背了司法独立、司法理性、司法公正、司法权威等原则,可以说民愤是刑事司法的一个致命弱点。正确认识民愤有助于摆正舆论监督与刑事司法的关系,进而促进刑事司法公正。     

The Limits to Evidence‐Based Policy: Evidence,Emotion and Criminal Justice1

While ‘evidence‐based’ or ‘rationalist’ approaches to criminal policy may appeal to technocrats, bureaucrats and a number of academics, they often fail to compete successfully with the affective approaches to law and order policies which resonate with the public and which appear to meet deep‐seated psychological needs. They also often fail to recognise that ‘policy’ and ‘politics’ are related concepts and that debates about criminal justice are played out in broader arenas than the academy, the bureau or the agency. To be successful, penal reform must take account of the emotions people feel in the face of wrongdoing. Further, successful reform must take into account changes in public ‘mood’ or emotions over time and be sensitive to different political and social cultures. This article argues that criminal justice policies are more likely to be adopted if, in addition to the gathering and presentation of evidence, they recognise and deal with the roles of emotions, symbols, faith, belief and religion in the criminal justice system. It also recognises that evidence alone is unlikely to be the major determinant of policy outcomes and that the creation and successful implementation of policy also requires extensive engagement and evidence‐based dialogue with interested and affected parties. This necessitates a different kind of modelling for evidence‐based policy processes.     

Iraq: The New Criminal 'War' of the Transnational Elite

Abstract The aims of this paper are fourfold: first, to show that the present invasion and occupation of Iraq is in fact the culmination of a campaign that began with the 'war' in the Gulf in 1991 and continued with over a decade of constant bombardment and embargo, with the overall aim of establishing a client regime in Iraq as a means of achieving a number of important economic and geopolitical aims; second, to discuss the role of the UN in the New World Order and the change in this role between the 'Clinton doctrine' and the 'Bush' doctrine'; third, to discuss the criminal invasion itself and the dubious character of the 'victory' claimed by the transnational elite,1 all the members of which, directly or indirectly, took part in this campaign; fourth to examine the role of the Left in relation to the 'war'.Our armies do not come into your cities and lands as conquerors or enemies, but as liberators. (British) Proclamation of Baghdad, 19 March 1917 Our forces are friends and liberators of the Iraqi people, not your conquerors. Tony Blair's address on Towards Freedom TV, 10 April 2003     

民国时期我国刑事司法状况探析

刑事法治的实现不仅要有优良的法典,而且也要有稳定、客观、公正的司法适用.民国时期,虽然效仿西方制定了优良的法典,但由于受超前刑事立法、刑事司法环境的缺失、司法体系不完备、法学教育不发达等诸多条件的限制,制定出来的法典并没有很好地被适用,进而也没能起到改造社会、塑造社会的作用.     

Guilty Pleas in International Criminal Law: Constructing a Restorative Justice Approach, Nancy Amoury Combs

The field of transitional justice is entering a new phase bornof several decades of experience and a maturation of the practicaland theoretical engagement with the complex set of problemsinvolved in facing past atrocities. Guilty Pleas in InternationalCriminal Law: Constructing a Restorative Justice Approach focusesattention on the issue of guilty pleas in international criminallaw as an area of legal practice that merits additional attention,     

Trial Justice. The International Criminal Court and the Lord's Resistance Army, Tim Allen

With his book ‘Trial Justice’ Tim Allen enters oneof the hottest realms of recent debate in the field of transitionaljustice. His book is the first extensive study on the controversialinvolvement of the International Criminal Court in the conflict,one of Africa's longest conflicts, pertaining to the Lord'sResistance Army in northern Uganda. The stark contrast Allen depicts between two realities,     

The Gender of Transitional Justice: Law, Sexual Violence and the International Criminal Tribunal for the Former Yugoslavia

Recent efforts to develop and implement progressive models oftransitional justice have been significantly influenced by majordevelopments in the law concerning sexual violence in armedconflict. In particular, the International Criminal Tribunalfor the former Yugoslavia has pioneered accountability for sexualviolence against women in armed conflict. This article takesthe ICTY as a case study of how gender can structure the accountabilitymechanisms of transitional justice. The article analyses howlegal norms and practices instantiate and reiterate, ratherthan transform, existing hierarchical gender relations. It considersthe existing models of sexual violence as a criminal harm underinternational law, and then examines gendered patterns of legalpractice in ICTY prosecutions. To address this engendering oftransitional justice, the article produces a new model of theharm of sexual violence in conflict, suggests the developmentof a new international offence of sexual violence and generatesdifferent strategies for international prosecutions of sexualviolence.     

浅谈我国刑法中的“公理之情”

我国刑法中贯穿着"公理之情",这种"情"有助于我国刑法作用的充分发挥。理解"公理之情"的含义,在司法实践中运用好这种"情",有助于我国刑法任务和刑罚目的的实现,促进我国的法治建设。     

新形势下刑事模拟画像技术的应用

模拟画像能把被模拟者的形象清晰描绘出来,而且更易唤起人们的回忆。在案件调查、摸排、堵截等侦破工作中,模拟画像具有其他技术不可替代的作用。随着视频监控系统的建立完善、火车票实名制的全面实行以及多种刑侦手段的进步,刑事模拟画像技术在新形势下焕发出勃勃生机。作为一种刑案侦查中查获嫌疑人的有效方法和技术手段,模拟画像技术定能发挥出越来越大的效能。     

Dynamic Representation(s): Federal Criminal Justice Policy and an Alternative Dimension of Public Mood

Does public policy respond to public opinion? Previous research suggests dynamic representation occurs in the aggregate. Yet, most of the evidence for policy response is limited to the policy intentions of elected officials on issues related to more or less government spending. We examine policy response to an alternative dimension of public mood, public preferences for more or less punitive criminal justice policies, using multiple indicators of policy from various stages of the policy-making process. Criminal justice policy should be responsive to public preferences given the public’s concern about crime and the negative social construction of criminals. Thus, there is an electoral incentive for public officials to respond to public preferences along this alternative dimension of public sentiment regarding criminal justice policy. We estimate a DYMIMIC model of federal criminal justice policy as a function of the multiple dimensions of public policy mood using Kalman filtering. The results indicate that criminal justice policy responds to the second, not the first, dimension of public mood. We find evidence that policy-makers at multiple stages of the policy process are able to differentiate among multiple signals from the public and respond appropriately. The results present a more sophisticated portrait of democratic responsiveness.     

The Problems of Europocentrism and Evolutionism in Marx's Writings on Colonialism

This paper examines the extent to which Marx's thinking on colonialism was Europocentric and evolutionist and the criticisms levelled against him. By examining relevant aspects of Marx's work, we can define more clearly his true ideas on colonialism and sort out the arguments of his critics. The paper discusses Marx and Engels's writings on colonialism for The New York Daily Tribune (1851–62) and examines four theoretical responses to these writings. The conclusion suggests that although Marx's writings on colonialism suffer from a specifically Europocentric bias, this alters but does not negate the overall applicability of Marx's ideas to the third world.