How to improve china’s witness protection system: an evaluation on protection of witness in the amendment to the criminal procedure law of china

If the personal and property security of witnesses themselves and their family members could not be protected effectively, witnesses may be reluctant to testify, to present in court, or to give truthful testimony. However, the witness protection system provided by China’s legislation is porous, and the implementation of the current witness protection system in practice is not satisfactory, which causes the serious consequence that a witness is unwilling to testify or does not dare to be present in court. An important measure should be adopted to improve the witness protection system in providing practical and comprehensive protection for witnesses in China. The provisions on the protection of witnesses in the drafted amendment to the Criminal Procedure Law of the People’s Republic of China is more advanced than the current law, but still too simple and not enough, which cannot change the weak situation of protection of witnesses, and are needed to be strengthened in judicial interpretations after the drafted amendment is passed. Perfection of China’s witness protection system is necessary in practice, which is still dependent on the reform of the judicial system and the working mechanism in China even if the drafted amendment was passed afterwards. China shall apply the provisions in the UN Convention against Transnational Organized Crime and the UN Convention against Corruption Convention as a guide and absorb other countries’ and regions’ experience to improve its witness protection system, but the basic point is that it should be based on China’s realities, and localize the specific systems.     

How should we understand the effect of age on sexual recidivism?

Abstract

Research into the effect of age on sexual recidivism risk is a relatively new and developing area of interest and is likely to be of great interest for forensic practitioners responsible for the community supervision of sexual offenders. Meta-analytical and follow-up reconviction studies indicate an inverse relationship between age and sexual recidivism risk, where younger sex offenders pose a greater risk of reconviction than older sex offenders. This finding has led to the development of actuarial risk scales which identify younger sex offenders (<25 years) as posing the greatest risk. However, recent research studies have reported contradictory results to this assumption and found a non-linear relationship between age and sexual recidivism risk. Only a small number of studies have investigated the effect of age on sexual recidivism by comparing age bands and rates of sexual recidivism. Researchers have also considered the effect of age on actuarial risk, which risk factors are associated with which age bands and sexual recidivism rates between sex offender subgroups. The purpose of this paper is to integrate this research and to link commonalities between these studies. This paper organizes the effect of age on sexual recidivism into five categories: (i) the effect of age and actuarial risk; (ii) the effect of age on sexual arousal; (iii) the effect of age-at-release on sexual recidivism risk; (iv) the effect of age-at-first-offence on sexual recidivism risk; and (v) the effect of age on child molesters and rapists on sexual recidivism risk. Important differences were found between age bands of sexual offenders in terms of sexual recidivism risk and actuarial risk factors as well as differences between rapists and child molesters. The relative importance of factoring age when assessing risk in sex offenders is discussed.     

How to enforce European law? A new history of the battle over the direct effect of Directives, 1958–1987

This article explores the well‐known saga of the European Court of Justice's introduction of direct effect of Council Directives on the basis of new comprehensive archival research. The expansion of the doctrine of direct effect to include Directives was part of a drive of the Legal Service of the European Commission and the ECJ to strengthen the enforcement of European law. This threatened the deeper balance of competences between the European Community and its Member States and consequently led to a sharp response from the national parliaments and courts. The force of these responses and the deep crisis that had evolved in the late 1970s between France and the ECJ, led to a change in the EC's case law that limited the direct effect of Directives to the vertical relation between citizens and the respective Member State and excluded any horizontal effect. The story is an example of how the activist ECJ of the 1970s ran into resistance from the Member States and had to modify its doctrinal advances. It also suggests that the successful acceptance of the constitutionalisation of the Treaties of Rome pursued by the ECJ was by no means secure by the late 1970s.     

The relationship of the outcome and procedural fairness: How does knowing the outcome influence judgments about the procedure?

Justice theories distinguish between fair procedures and fair or favorable outcomes. However, it is not clear whether people can clearly separate judgments about procedures from knowledge of the outcomes of those procedures. Two experiments are reported which address that question. In both studies respondents evaluate the fairness of decision-making procedures. In one case those evaluations occur prior to knowing the outcome of the procedure (behind the veil), while in the other the outcome is known before the procedural evaluation (in front of the veil). Two hypotheses about outcome influence are tested: that knowing the outcome changes themeaning of procedural fairness and that knowing the outcome changes theweight given to procedural fairness. Findings of both studies suggest that prior knowledge about the outcome does not change the way people define the meaning of the fairness of a procedure. However, people place less weight on their judments about procedural fairness when evaluating the decision maker if they make those judgments already knowing the outcome of the procedure.     

How a luxury monopolist might benefit from the aspirational utility effect of counterfeiting?

Thanks to an intertemporal analytical model, we incorporate aspirational consumers in Veblen markets for luxury fashion items. We show how a luxury monopolist can increase its profits thanks to the presence of counterfeit products. The genuine producer profit is shaped by two opposite effects: (1) a positive aspirational effect resulting from a sales increase due to the aspirational consumers who seek to imitate the lifestyle of snob consumers (2) a negative snob effect, resulting from a sales decrease due to the reduction of consumption by some snob consumers. We identify the conditions under which the overall effect generated by counterfeiting can increase the genuine firm profit. These conditions imply the existence of large aspirational effects and high additional utility gain associated with buying an original product instead of obtaining a counterfeit product.     

Who is ready to climb the hill? The effect of legislative activity on promotion to higher offices in Chile

Previous research suggests that bill initiation is a mechanism used by legislators to foster personal votes. This article puts forward a theory whereby legislative activity is understood as a form of party service. Bill initiation records are used by parties to inform their decisions on who is ready to be promoted. The theory is evaluated using an original data-set from the Chilean Chamber of Deputies. Our empirical findings make a strong case for the hypothesis according to which parties reward those deputies who have shown to be effective legislators.     

What is the magnitude of the subpopulation effect?

The effect of population subdivision on estimated match probabilities has been raised [Nature 339 (1989) 501; Am. J. Hum. Genet. 48 (1991) 819; Science 254 (1991) 1921]. Previous work [J. Forensic Sci. 39 (1994) 319; J. Forensic Sci. 39 (1994) 988; Am. J. Hum. Genet. 55 (1994) 533] has compared product rule estimates from differing databases and found that the "subpopulation" error may be of the order of a factor of 10. This approach compares an estimate with an estimate. This paper uses simulation to extend these studies by allowing a comparison to a 'true match probability' and supports the conclusion that subpopulation effects are mild. In addition the performance of recommendations 4.1 and 4.2 of NRC II [National Research Council and C.O.D.F. Science, The Evaluation of Forensic DNA Evidence, National Academy Press, Washington, DC, 1996].     

How to control interception-does the UK strike the right balance?

This Article critically analyses the regime for intercepting the content of communications under the Regulation of Investigatory Powers Act 2000 in the light of the recent ruling by the European Court of Human Rights in Kennedy v the UK. It looks at the safeguards for privacy protection provided such as the requirement for a warrant and the roles of the Investigatory Powers Tribunal and the Interception of Communications Commissioner and whether these safeguards are compliant with Article 8 of the European Convention of Human Rights.     

The duty of the state to eradicate the legacy of apartheid in South Africa versus resistance to change： Critical analysis of the Chairperson＇s Association Case

South Africa was colonized by European powers from as early as the seventeenth century and all aspects of the indigenous population were transformed, alternatively, subjected to the norms of life of the colonial powers. This led to the erosion of African names and the replacement therefore by colonial names. The South African Geographical Names Council Act is intended to address this legacy.     

United Nations Mission to Kosovo: in Violation of the Right to Life?

International organisations are expected to abide to human rights standards in the course of their operations. However, to what standards are transitional regimes held accountable? Should the UN exercising executive powers be held accountable to the same or higher standard than a national government? In this article, the author discusses the legal basis relied upon by a UN internal human rights mechanism, the Human Rights Advisory Panel (HRAP), that declared the UNMIK in violation of its positive obligation to investigate enshrined in Article 2 of the EHRC. A closer look at the opinions issued by the HRAP reveals that it might have misapplied the standard set forth in the relevant jurisprudence of the European Court for Human Rights, and thereby held UNMIK accountable under stricter requirements.     

Going Unnoticed? Diagnosing the Right to Asylum in the Charter of Fundamental Rights of the European Union

Article 18 of the Charter of Fundamental Rights of the European Union enshrines the right to asylum. Nonetheless, despite its ‘constitutionalisation’ within primary law, asylum remains a far too amorphous right, whose axiological potential has gone virtually unnoticed in the ongoing migratory crisis. The paper will argue that this is partly due to the fact that the Court of Justice on a few occasions has declined to clarify the scope of Article 18. The provision at issue therefore remains a pathological element that requires an adequate diagnosis on which accurate prognoses can be based. In an attempt to diagnose the right to asylum enshrined in Article 18 of the Charter of Fundamental Rights of the EU, this paper will compare different hermeneutical approaches and reflect on the contextualisation of the mentioned provision through the lens of domestic and EU case law and in the light of the recent EU–Turkey Statement. The article will ultimately propose to interpret the EU asylum legislation as instrumental to the effective exercise of the right to asylum.     

How to regulate forensic familial DNA searching in Hungary?

Forensic DNA analysis has the potential to provide useful information for criminal justice even in cases where there is no match, neither between the DNA profile generated from the crime scene and the existing DNA profiles in criminal databases, nor between the DNA collected at a crime scene and potential suspects. In contrast to traditional forensic genetic testing, forensic familial DNA searching does not provide evidence, but helps to generate investigative leads and narrow down the range of potential offenders. The aim of this study is to examine, whether there is a need for special regulation of this topic in Hungary.     

How Much Can We Trust Causal Interpretations of Fixed-Effects Estimators in the Context of Criminality?

Researchers are often interested in estimating the causal effect of some treatment on individual criminality. For example, two recent relatively prominent papers have attempted to estimate the respective direct effects of marriage and gang participation on individual criminal activity. One difficulty to overcome is that the treatment is often largely the product of individual choice. This issue can cloud causal interpretations of correlations between the treatment and criminality since those choosing the treatment (e.g. marriage or gang membership) may have differed in their criminality from those who did not even in the absence of the treatment. To overcome this potential for selection bias researchers have often used various forms of individual fixed-effects estimators. While such fixed-effects estimators may be an improvement on basic cross-sectional methods, they are still quite limited when it comes to uncovering a true causal effect of the treatment on individual criminality because they may fail to account for the possibility of dynamic selection. Using data from the NSLY97, I show that such dynamic selection can potentially be quite large when it comes to criminality, and may even be exacerbated when using more advanced fixed-effects methods such as Inverse Probability of Treatment Weighting (IPTW). Therefore substantial care must be taken when it comes to interpreting the results arising from fixed-effects methods.     

How many tiers of criminal justice in England and Wales? An approach to the limitation on fair trial rights

This article proposes a recognition of five tiers of criminal justice reflecting five degrees of limitation on fair trial rights instead of the traditional notion of two tiers of indictable and summary processes in England and Wales. Over the last 15 years, the radical transformation of summary criminal processes has challenged the idea of ‘two tiers of justice’. Such measures as preventive orders, out-of-court disposals and regulatory offences process, which are characterised by higher levels of restriction on due process rights in comparison with the traditional summary process in Magistrates’ Court, should be considered new tiers.     

Rethinking the notion of hosting in the aftermath of Delfi: Shifting from liability to responsibility?

Liability of Internet intermediaries for a third-party content is a complex topic, especially with regards to the storage of illegal or harmful postings offered by portals. The E-Commerce Directive offered a liberal framework for handling such cases, provided that a hosting service provider has not played an active role in content management. Being passive turned out to be the key precondition for immunity under safe harbour provisions. Yet, after the Delfi ruling the legal landscape has changed radically. Although the judgment of the Strasbourg tribunal has been dismissed in some jurisdictions as an error or one-off case, the truth is that it took into account acquis communautaire and imposed liability on the news portal, which followed the guidelines of Google France and eBay rulings. Given the lack of predictability of the current legal framework, the aim of this contribution is to offer a deep-dive into the notion of hosting from a technical perspective in order to better understand why Articles 14–15 of the E-Commerce Directive may require a re-examination. It is also submitted that portals and other online service providers relying on a broad construction of safe harbours should be entitled to Good Samaritan protection akin to section 230 of the American Communications Decency Act in order not to hold them liable for being active in fighting hate speech and other forms of illegal and harmful conduct.     

Is the appearance of macrophages in pulmonary tissue related to time of asphyxia?

In order to connect the appearance of macrophages and giant cells in pulmonary tissue with the time of asphyxia the authors analyzed 50 asphyxiated human lungs paying their attention on the number of alveolar and interstitial macrophages and giant cells. They compared histological specimens of 25 asphixiated humans lungs following a slow asphyxia (30 min or more) with 25 histological specimens of asphyxiated human lungs following a rapid asphyxia (10-15 min). Alveolar and interstitial macrophages and giant cells per section, were considered and numbered. Controls were done on histological examination of traumatized lungs. In the pulmonary alveoli following on acute asphyxia there were 27.7+/-4.4 macrophages per section. Subjects dead after a slow asphyxiation showed 68.2+/-7.1 alveolar macrophages per section (p<0.001). Interstitial macrophages were also frequently present. No differences are detectable in the number of polynuclear giant cells between rapidly and slowly asphyxiated human lungs. The number of alveolar and interstitial macrophages per section can be considered as a further histological evidence of a slow asphyxia and can differentiate a slow asphyxia from an acute one.     

How many more guns?: Estimating the effect of allowing licensed concealed handguns on a college campus

Among other arguments, advocates for lifting bans on carrying concealed handguns on campus propose that this would increase the prevalence of legitimately carried handguns, which might then deter crimes or be used to intervene in campus shooting incidents like the one that took place at Virginia Tech in 2007. Opponents suggest that increased prevalence of concealed handguns would lead to increases in other negative consequences, such as accidental shootings. Little empirical research has examined the potential outcomes of such a policy change, nor has existing research examined the prerequisite issue of whether lifting these bans would result in substantial increases in the prevalence of concealed handguns among students. Using a sample of undergraduate classrooms selected from five academic buildings at a public university in Texas, this study examines the potential impact of lifting the concealed handgun ban on the likelihood that a given classroom would contain at least one legally carried handgun. Results reveal that the impact of potential policy changes in this area vary based on the building under consideration and the measure of potential handgun prevalence. Limitations of the study and implications for future research on the issue of concealed handgun carrying on college campuses are discussed.