REVERSE DISCRIMINATION

This paper examines the decisions on reverse racial discrimination made by the Supreme Court, concentrating on Regents of the University. California v. Bakke and Fullilove v. Klutznick. It discovers a distressing tendency on the part of some members of the Court to reason rigidly within categories established by earlier decisions, most notably the notion that "race is an inherently suspect classification"; i.e., any racial discrimination can survive only with "strict scrutiny." The paper traces the development of this rule, arguing that it rests on choices in emphasis that were unnecessary and probably unfortunate. I then examine the history of the Equal Protection Clause of the Fourteenth Amendment, and suggest that a better reading is that it primarily condemns racial discrimination which is used to oppress and stigmatize particular groups. Finally, I suggest the replacement of the "suspect classification" rule with a bifurcated test which distinguishes between benign and invidious discrimination.     

ANALYZING OFFICIAL DEVIANCE

Partisan criminological analysis is characterized by dogmatic theories whose volidity is politically rather thon scientifically determined. Methods of inquiry ore used to demonstrate rather thon test theoretical propositions. Standard methodological tactics include assertion, anecdote, association, and analogy. In contrast, nonpartisan conflict analysis treats as entirely problematic the processes by which conceptions of deviance are socially constructed and become the official concerns of those who wield state power. What, how, why, and by whom behavioral or nonbehovioral attributes are labeled deviant is viewed as o function of the relative power of parties in conflict over the distribution of life chances.     

中立的帮助行为论

<正>一、问题的提出面包店老板知道夫妻关系紧张的女邻居可能将面包用于毒杀其夫而仍向其出售面包,可否构成故意杀人罪的帮助犯?五金店老板琢磨小偷模样的顾客可能将螺丝刀用于入室盗窃而向其出售螺丝刀,能否构成盗窃罪的帮助犯?日用品商店的老板估计刚在马路上与人争执的顾客可     

THE VIOLENCE AGAINST WOMEN ACT

Domestic abuse allegations have become a serious problem in our society. They present our court system with difficult decisions and problems. This becomes an even more difficult situation when the abused is an illegal immigrant. Many of the abused are too frightened or intimidated to go to the authorities for help. This article examines how the U.S. government is attempting to protect these immigrants .     

THE YOUTH CRIMINAL JUSTICE ACT

In April 2003, the face of Canada's youth criminal justice system changed considerably. The Young Offenders Act (YOA) was repealed and the substitute legislation, the principle-laden Youth Criminal Justice Act (YCJA), came into effect. It is not an entirely new act but was designed to build on the strengths of the YOA and address its weaknesses. The biggest criticism of the YOA was its lack of clear legislative direction; through the numerous principles and additional provisions, the YCJA proposes a remedy. The focus of this article is on two areas of the Act in particular, extrajudicial measures and sentencing, as these areas experienced the most change in the process of reforming the legislation. Specifically, these sections of the Act are analyzed in relation to four of the perceived problems under the YOA, all of which tie into the lack of clear legislative direction. If the provisions contained in these segments of the YCJA are adhered to in the manner and sentiment intended and if the principles are made a priority, then 1) the rate of youth incarceration in Canada should decrease, 2) the courts should no longer be overused, 3) there should be proper distinction between various degrees of seriousness of crimes, and 4) there should be more consistency in youth sentences across the country.