Legal Aid,Self-Representation,And The Crisis At The Hague Tribunal

The unfolding of the case of Prosecutor v. Vojislav ŠeŠelj at the International Criminal Tribunal for the Former Yugoslavia (ICTY) has been dramatic and more than a little chaotic. The author argues that it is diagnostic of a broader crisis at the Tribunal. As an experiment in international justice, the ad hoc tribunal model has proved to be expensive and slow, but on several points also procedurally arbitrary, intellectually unconvincing, and vulnerable to improper political considerations. These problems have attained a critical mass in ŠeŠelj’s case, as illustrated here. The accused ŠeŠelj, an ultranationalist politician and former paramilitary leader, has vowed to bring the Tribunal to its knees. He is self- represented at trial. This privilege was twice reaffirmed in 2006 by the ICTY Appeals Chamber, having been twice revoked by a bench of trial judges. In 2007, the new pre-trial judge in the case (now presiding judge), Jean-Claude Antonetti, declared that a self-represented accused who can prove indigence is entitled to legal aid. He ordered the Registrar of the Tribunal to pay ŠeŠelj’s defence expenses from the Tribunal’s legal aid budget if ŠeŠelj could prove his indigence. The author argues that while there is good reason to disburse legal aid funds to an indigent accused who has been granted privileges of self-representation, this entitlement was not convincingly explained by Antonetti. Moreover, ŠeŠelj’s destructive aims were improperly set aside by Antonetti in reaching his decision on the public financing of his defence. The current situation, which represents the combined effort of the Appeals Chamber and Antonetti, allows ŠeŠelj to bully participants in the proceedings, issue thinly veiled threats to prospective witnesses and the public at large, and bend the trial procedure to the requirements of his political populism. The poor handling of this case by the Tribunal as a whole calls into question the ad hoc tribunal model of international criminal justice. In the period 2003–2007, the author was a legal advisor to ICTY trial judges, working for a short time on the Vojislav ŠeŠelj case prior to its transfer to Judge Antonetti.     

Inside Interrogation: The Lie,The Bluff,and False Confessions

Using a less deceptive variant of the false evidence ploy, interrogators often use the bluff tactic, whereby they pretend to have evidence to be tested without further claiming that it necessarily implicates the suspect. Three experiments were conducted to assess the impact of the bluff on confession rates. Using the Kassin and Kiechel (Psychol Sci 7:125–128, 1996) computer crash paradigm, Experiment 1 indicated that bluffing increases false confessions comparable to the effect produced by the presentation of false evidence. Experiment 2 replicated the bluff effect and provided self-reports indicating that innocent participants saw the bluff as a promise of future exoneration which, paradoxically, made it easier to confess. Using a variant of the Russano et al. (Psychol Sci 16:481–486, 2005) cheating paradigm, Experiment 3 replicated the bluff effect on innocent suspects once again, though a ceiling effect was obtained in the guilty condition. Results suggest that the phenomenology of innocence can lead innocents to confess even in response to relatively benign interrogation tactics.     

The Church,Ethnonationalism, and the State

Although the process of the acquisition of independence by countries and large ethnic groups in the post-Soviet region and the Eastern Bloc as a whole is complete, over the next few decades Churches are hardly likely to become propagandists of peace and tolerance.     

The Internet, Technology, and Organized Crime

Digital technology has transformed organizational life. Developments in communications, and in information storage and retrieval, to name just two areas, have greatly enhanced the efficiency with which legitimate organizations operate. Unfortunately, the benefits of digital technology are not lost on criminal organizations, which exploit digital technology to enhance the efficiency and effectiveness of their own operations. This paper will discuss the organized criminal exploitation of digital technology, by looking at a number of illustrative cases from Asia and around the world. It will discuss the various types of “conventional” organized crime that can be facilitated by digital technology, as well as terrorism, which itself can be regarded as a special kind of organized criminal activity. One fundamental question that the paper will seek to address is whether the activities of Asian organized crime have become substantively different as a result of technology, or whether traditional organized criminal activities in Asia are merely being conducted on a more efficient and effective basis. The paper will note the transnational nature of much organized criminal activity, and will discuss mechanisms for the control of organized crime in the digital age.     

我国警察行政补偿制度的现状、问题和对策研究

如何协调和处理公共利益与个体利益之间的矛盾与冲突,是我们现阶段必须要加以解决的一个重大问题。行政法上的警察行政补偿制度恰好为我们提供了协调公共利益与私人利益矛盾和冲突的平衡点。笔者对如何以先进的理念指导,在借鉴和学习实践的基础上,建立健全一个既反映时代要求又符合中国国情的警察行政补偿制度。     

The state,public policy,and AIDS discourse

The paper probes the deep structure of perceptions of AIDS and the ensuing public policy trends. AIDS has become the latest symbol indexing 20th century conflicts over the family and sexuality and recapitulates some features of early debates over contraception and the control of sexually transmitted diseases. From 1981 to 1983, public talk about AIDS was virtually taboo. Since 1983, the massive proliferation of AIDS discourse has led to the development of an official story common in the press and clear in the presumptions underlying recent state policies in the United States, Canada, and the United Kingdom. These policies have favored state control of sexual speech and education, as well as control of people blamed for HIV infection, while community-based groups have sought to empower people to affirm their sexuality while avoiding viral transmission.     

The Brazilian Landless Movement,Resistance, and Violence

Throughout Brazil, landless resisters are being violently victimized at the discretion of large landowners. The main goals of this article are to (1) Explain the historical and current conditions that have facilitated the violent oppression experienced by the landless movement, (2) illustrate the mass violence experienced by the landless population, (3) provide a review of the existing research regarding the relationship between land reform, violence, and state strength, (4) introduce a new explanation of decentralized state power in relationship to the persistence of violence against the landless movement. I explore the Brazilian landless movement through content analyses, fieldwork, and a review of existing data. The approach used to study and understand the powers associated with the landless movement is unique to the existing literature of the Brazilian landless movement in that it moves beyond advocacy towards a criminological and political analysis.     

The American jail: Problems,politics, prospects

Discussions of America’s local jails inevitably center around their plethora of problems. Not only are these problems pervasive, but they are also enduring. Numerous proposals have been advanced to improve jail conditions and operations. Most have failed to such an extent that some scholars have speculated that jails are simply immune to reform. It is the contention of this article that most of the problems facing contemporary jails are rooted in the uniquepolitical nature of the jail as an organization. Consequently, serious efforts to affect change in jail conditions must recognize the limited options placed upon jail reforms by the political environment, or they must originate from outside the local political setting.     

The Rights of Victims: Participation, Representation, Protection, Reparation

Victims have the right under Cambodian law to participate inthe Cambodian Extraordinary Chambers’ trials. The mannerin which they will exercise this right remains unsettled, butwill affect whether these trials are eventually fair, theirimpact on national reconciliation, and the establishment ofprecedents for future Cambodian litigation. The exercise ofvictims’ rights should be adapted to the context of trialsfor mass crimes, affecting victim participation, representation,protection and reparation.     

The Middlemen: The Legal Profession,the Rule of Law,and Authoritarian Regimes

Scholars are increasingly interested in exploring ways to strengthen the rule of law in authoritarian states—especially when deeper political reforms are not attainable. The article contributes to this discussion by revisiting the story of the emergence of the so‐called socialist legality in the communist states of Eastern Europe. Using the historical record from Poland, the author demonstrates a previously unnoticed, yet pivotal, role of legal professionals in facilitating socialist legality's rise to prominence. Using the lenses of Pierre Bourdieu's theory of fields, the article chronicles the evolving dynamic between the legal profession, the authoritarian regime, and society. These observations challenge conventional explanations of the emergence of the rule of law in nondemocratic conditions.     

The relationship between intent,consequences, the dangerousness of the victim,and blame: The case of self-defense

Abstract

The way in which, in the special case of self-defense, intent to harm, consequences of the negative act and information regarding the dangerousness of the victim were integrated in a judgment of blame was studied. The sample consisted of men on the street, and also of two sub-populations directly concerned with the special issue of self-defense: police officers and prisoners. Overall, the way in which information was integrated appeared to conform to the proposed model: Blame = f [(Intent + Consequences) × Dangerousness]. The strength of the main effects and of the interactions were, however, extremely variable from one participant to another. A noticeable effect of dangerousness was observed in only onethird of the men on the street and the prisoners, and in only one police officer out of 19.     

The relationship between education, experience, and police performance

This study used data from 299 police officers from 12 municipal police departments across the state of Virginia to determine the relationship between education and police performance. Performance was measured by supervisor evaluations of each officer's overall performance, communication skills, public relations skills, report writing skills, response to new training, decision making ability, and commitment to the police department. Significant correlations were found between education and most measures of performance. Most importantly, the results show a significant correlation between overall performance and education (r=24, p.<001). The only variables not proving to be significantly related to education were objective measures of the volume of arrests, number of times the officer required discipline, and number of accidents. Interestingly, the benefits of a college education do not become apparent until police officers gain experience. In addition, police, officers with only a high school diploma decreased in overall performance after five years of experience.     

The contract murderer: patterns, characteristics, and dynamics

A case of an independent professional contract murderer, who killed over 100 people, is reported. After eluding law enforcement for 30 years, the subject killed several associates who he believed could implicate him in various crimes. These homicides eventually led to his arrest, since the victims were individuals who could be linked to him. This hit man had a background of poverty and childhood abuse but, as an adult, had pursued a middle-class lifestyle and kept his family totally separate from his criminal career. In addition, he had a number of characteristics that helped him carry out his crimes in a highly planned, methodical, and organized manner: he had adept social judgment; personality traits of orderliness, control, and paranoid vigilance; useful defense mechanisms of rationalization and reframing; and an exceptional ability to encapsulate emotions. This case is discussed within the context of contract murder, a crime that occurs relatively frequently and is probably increasing; yet it often goes undetected, the arrest rate is low, and the offender is rarely studied.