Exercising Options: An Assessment of the Use of Alternative Sanctions for Drug Offenders

In this paper, we explore a relatively unexamined area of sentencing—the use of alternative sanctions. While researchers have discussed the potential uses and misuses of alternative sanctions, few have focused on who receives them and why. We argue that, while alternative sanctions have the potential to be useful tools, they also open “windows of discretion” that may disadvantage certain groups. We use quantitative and qualitative data from Washington State to explore how alternative sanctions are applied in cases involving felony drug offenders. The results of quantitative analyses are largely consistent with current theories of sentencing in that court officials rely heavily on indicators of danger and blameworthiness in determining when to apply alternative sanctions. Qualitative analyses, however, suggest that decisions about alternative sanctions are complex, and that court officials’ beliefs about the fairness and efficacy of sentencing options influence the extent to which they will use available alternatives. Implications for criminal justice theory, public policy, and future research are discussed.     

Powdered Activated Carbon: An Alternative Approach to Genomic DNA Purification

Forensic evidence samples are routinely found as stains on various substrates, which may contain substances known to inhibit polymerase chain reaction (PCR). The goal of this study was to evaluate post‐Chelex^®100 purification using powdered activated carbon (PAC). Mock crime scene DNA extracts were analyzed using quantitative PCR and short tandem repeat (STR) profiling to test the DNA recovery and inhibitor removal using PAC with those of the Amicon^®Ultra 100K. For extracted bloodstains on soil and wood substrates, PAC and Amicon^®Ultra 100K generated similar DNA yield and quality. Moreover, the two methods significantly decreased the concentration of humic substances and tannins compared to nonpurified extracts (p < 0.001). In instances where extracts contained indigo dye (bloodstains on denim), Amicon^®Ultra 100K performed better than PAC due to improved amplifiability. Efficient adsorption of humic substances and tannins, which are common inhibitors, indicates PAC's potential application in the purification of high‐template DNA extracts.     

Studying Discretion in the Processes that Generate Criminal Justice Sanctions

This paper presents a typology of discretion that differs from the standard typology of discretion in the legal literature: Type A discretion, which is the generally recognized discretion of individual actors to make decisions within a set of laws and rules, and Type B discretion, which is the crafting of laws and setting of rules in the first place. An analysis using aggregate data from 1992 to 2002 points to the prosecution stage as the primary source of Type A discretion that contributed to the massive increase in incarceration during this period. To understand how this could happen, this paper argues that actions need to be linked to outcomes. We identify three key outcomes of the sanctioning process—crime control, justice (guilt/innocence), racial disparity (fairness)—that deserve more attention from social scientists.     

中国企业财务重整的一种可选择方案——辅助性的财务重整法律制度

引言 在过去的十多年里,大约有30个发展中经济转型国家制定了新一般意义上的破产法.     

A Gramscian Approach to Studying the Judicial Decision-Making Process

This paper applies a Gramscian analytical framework to scrutinise the judicial decision-making process. Based on two distinct research projects, the article explores how, on one hand judges in criminal courts can be identified as part of the bureaucratic machinery of the state, as ‘technicians of repression’; whereas, on the other hand, human rights judges can be distinguished as providing ‘moral and intellectual leadership’ in their production and reproduction of certain values. Some of the key questions this article seeks to answer are: What is the role of hegemony in the judicial decision-making process? To what extent are legal actors both ‘technicians of repression’ and ‘moral and intellectual leaders’? This paper uses examples from empirical research conducted at courts in Argentina and at the European and Inter-American Courts of Human Rights to identify and explore this dual role of judges as both repressive technicians and moral and intellectual leaders in neo-liberal capitalist societies.     

Environmental Liability Transfers: An Alternative Approach to Transferring Risk in a Post-Environmental Cost-Cap/Stop-Loss Insurance World

During the 1990's and early 2000's, guaranteed fixed price remediation (GFPR)/Cost Cap insurance contracts offered by national environmental engineering firms and supplemented with environmental cost cap insurance policies offered by the major insurance providers was in its heyday. Engineering and insurance firms formed alliances that secured hundreds of millions of dollars in GFPR/Cost Cap contracts that enabled owners of legacy industrial properties and developers to define and secure the fixed dollar amounts for remediation of known environmental conditions at their properties enabling more accurate estimations of return on investment and facilitating real estate transactions. However, the impact of the “Great Recession”, dollar losses due to unforeseen site conditions, convoluted project management and regulatory factors caused firms providing these services to exit the marketplace. The demand for environmental risk transfers has not diminished and continue afford many benefits to the environment and to a growing local and national economy.     

Punitive Damages: A European Criminal Law Approach. State Sanctions and the System of Guarantees

It has traditionally been upheld that punitive damages are incompatible with the Constitutions of civil law countries. This paper sustains the opposing thesis and argues their compatibility, of a general nature, with the basic principles of continental European States, and especially with the principles of legality, proportionality and non bis in idem. This opens the way to the enforcement, in Europe, of sentences delivered in the United States of America. However, despite this starting point, the advisability of exporting the model of punitive damages is rejected. The theme is expanded to argue the equivalent nature of the guarantees and limits of all sanctioning activity of the State and those already established in Criminal Law. This would encompass punitive damages and all types of civil sanctions.     

死刑替代位阶上无期徒刑的改良

死刑替代措施就是在不适用死刑的情况下应该采取的、用来代替死刑的刑罚方法。死刑替代措施应以现行刑罚体系为基础,以废除或限制死刑实际适用为前提进行考察,选择能够直接担当"最严厉"法定刑角色,保持足够的威慑力的刑种。死缓不是刑罚种类意义上的死刑替代措施;不得假释的终身监禁不符合"人总是可以改造的"的基本理念;无期徒刑是中国刑罚体系中仅次于死刑的刑种,蕴含有较强的威慑力,通过适当改良,能够产生足够的类似于死刑的威慑力。作为替代死刑的方法,设置无期徒刑先予关押期是上乘选择。考察无期徒刑在有期徒刑与死刑中的衔接地位,借鉴国外实际执行无期徒刑的经验,确定10年的先予关押期较为适宜。     

The Series Hazard Model: An Alternative to Time Series for Event Data

An important pursuit by a body of criminological research is its endeavor to determine whether interventions or policy changes effectively achieve their intended goals. Because theories predict that interventions could either improve or worsen outcomes, estimators designed to improve the accuracy of identifying program or policy effects are in demand. This article introduces the series hazard model as an alternative to interrupted time series when testing for the effects of an intervention on event-based outcomes. It compares the two approaches through an example that examines the effects of two interventions on aerial hijacking. While series hazard modeling may not be appropriate for all event-based time series data or every context, it is a robust alternative that allows for greater flexibility in many contexts.     

相对集中行政处罚的主体失范及模式转换

行政执法主体资格是实施行政处罚的核心问题之一。目前,集中行政处罚全部相关权力的模式容易造成集中处罚主体的失范,其解决之道在于转换集中行政处罚权的模式———以“行政分权”及“行政处罚司法化”为目标,向政府法制部门集中行政处罚决定权。     

An Alternative Method to Using a Mandibulometer

Mandibular length, mandibular angle, and maximum ramus height measurements used during forensic evaluation of skeletal remains require use of a mandibulometer. This study presents a new method of taking these measurements from images, so that practitioners without access to an expensive mandibulometer or those working with 3D models (e.g., CT scans) can collect and utilize these measurements. Ten trials performed on a sample of 45 mandibles were used to compare measurements collected from photographs and images extracted from 3D surface scans to those collected with a mandibulometer, including intra‐ and inter‐observer analyses. All technical error of measurement (TEM) values were less than 2 mm regardless of observer, trial, or method. Relative TEM values were less than 2% for all except mandibular length (2.10%) and ramus height (2.32%) for the right versus left photographs. Results are comparable with mandibulometer error rates, indicating that the proposed method is accurate and reliable.     

走向文明的批评：现实与诗性之间——论埃·威尔逊的批评观

美国20世纪著名文学和社会批评家埃德蒙·威尔逊以不辍笔耕的半个世纪向公众展示了他独特的文学批评观.从早期的批评代表作品《阿克瑟尔的城堡》到后期的《走向芬兰车站》,威尔逊坚持认为文学批评是对一个民族文明发展轨迹的综合把握,这种综合是指文学批评的诗性、社会性和公共性的统一.只有这样,文学批评才能保持长久的生命力,才能更为有效地完成诠释文本、触动公众和服务社会的使命.     

Implementing Security Council Resolutions in Hong Kong: An Examination of the United Nations Sanctions Ordinance

The United Nations Sanctions Ordinance is the primary legalbasis of the Hong Kong Special Administrative Region (HKSAR)for implementing the United Nations Security Council's resolutions.However, there are concerns that the Ordinance is potentiallyviolating the separation of powers in its delegation of regulation-makingauthority to the executive. There are also criticisms againstthe expediency of the Ordinance as a mechanism for enforcingSecurity Council sanctions. Against this background, this paperattempts to examine the separation of powers doctrine, its placein HKSAR's constitutional system and its relevance to the Ordinance.On the issue of expediency, this paper focuses on the scopeand speed of implementing the sanctions, and the human rightsand criminal justice problems it involves. For comparative purposes,references are to be made to the law of the USA, Canada andSingapore.     

论刑事侦查程序的诉讼化改造途径——以刑事诉讼构造为视角

刑事侦查作为刑事诉讼程序的一个重要组成部分,具有一定的诉讼特征。但是,我国目前的刑事诉讼程序还存在着许多缺陷,基本上表现为侦查机关单方面的行政性活动。在学者提出的各种侦查程序改造方案中,“以审问式为主、对抗式为辅”虽然不是主流的观点,但是不乏其合理性。通过建立以司法制约为主的检警关系、构建本土化的非法证据排除规则、强化辩护律师调查取证的权利、完善侦查程序中的救济制度和责任制度等一系列活动,使侦查程序回归诉讼程序,重塑我国刑事侦查程序。