Reaching out to the people? Assessing the relationship between parliament and citizens in Finland

Despite the Open Government (Parliament) initiatives and notions of a ‘democratic parliament’, the relationship between legislatures and citizens remains seriously under-researched. This article introduces a comprehensive analytical framework, combining the normative principles of visibility, accessibility, and permeability with practical indicators (parliament as public space, sharing of information, contact with MPs, media and digital engagement, transparency of legislative process, and actual participation in legislative decision-making) for assessing the public engagement of parliaments. Applying this framework to the Finnish Eduskunta, the authors show that despite recent reforms that have partially ‘opened up’ parliamentary proceedings and attempted to connect citizens to democratic process, there remains scope for reforms and innovations. The Eduskunta should embrace a more positive approach towards new forms of civic participation, particularly regarding how its influential committees operate. The findings reflect the tensions between, or the difficulties in reconciling, traditional forms of representative democracy with alternative and more direct channels of political participation.     

Are the same factors related to participation and frequency of offending by male and female prisoners?

Abstract

This paper is the first to compare correlates of participation and frequency of violent and property offending by male and female offenders. The criminal career approach suggests that different features of criminal careers may have different correlates and predictors, whereas Gottfredson and Hirschi argued that all criminal career features have the same correlates and predictors. This paper investigates how much 24 explanatory constructs, derived from social learning, labelling and personality theories, were related to participation and frequency of offending. Samples of 118 male prisoners and 93 female prisoners in Trinidad were interviewed to determine whether they participated in violent and property crimes and the frequency with which they committed these crimes. The results showed that these theoretical constructs (especially labelling) were much more related to participation than to frequency, but they were similarly related to violent and property offending. They were similarly related to male and female frequency but not to male and female participation in offending. In general, different factors influenced participation and frequency, although impulsivity was related to both for males and females. It is concluded that existing theories need to be improved to explain the frequency of offending.     

(Why) should we require consent to participation in research?

It is widely accepted that informed consent is a requirement of ethical biomedical research. It is less clear why this is so. As an argumentative strategy the article asks whether it would be legitimate for the state to require people to participate in research. This article argues that the consent requirement cannot be defended by appeal to any simple principle, such as not treating people merely as a means, bodily integrity, and autonomy. As an argumentative strategy the article asks whether it would be legitimate for the state to require people to participate in research. I argue that while it would be legitimate and potentially justifiable to coerce people to participate in research as a matter of first-order moral principles, there are good reasons to adopt a general prohibition on coercive participation as a matter of second-order morality.     

When do people report crime to the police? Results from a factorial survey design in the Netherlands, 2010

Objectives  

In this paper we assess to what extent factors of the reporting process affect the willingness to report crime to the police. The focus is on the following factors: (1) duration and flexibility (i.e. possibility to report outside office hours), (2) method of reporting (i.e. phone, Internet or police station), (3) anonymous reporting, and (4) encouragement by police officers.     

Armed,but too dangerous? Factors associated with citizen support for the militarization of the police

Images of police officers riding in armored vehicles and carrying military-grade weapons have become part of the public consciousness following the events in Ferguson, Missouri and several other high-profile police–citizen encounters. Although a great deal of research has investigated how and why US citizens perceive the police in various ways, almost no empirical work has asked how citizens perceive the militarization of the police. The current study analyzes data from a survey of 1005 US citizens to identify characteristics that are related to support for the use of military weapons and vehicles by local police departments. The results indicate that several demographic factors and perceptions of crime and the police are significantly related with citizen support for the militarization of the police. The implications of this research are discussed.     

Filling the gap? An analysis of non-governmental organizations responses to participation and representation deficits in global climate governance

The involvement of civil society actors such as NGOs is often presented as one possible remedy to shortcomings in the democratic legitimacy and accountability of institutions of earth system governance. This article uses the case of the United Nations Framework Convention on Climate Change to show how its constituency of environmental and development NGOs has responded to perceived representation and participation deficits in global climate policy-making. It discusses three types of NGO responses, which could potentially help to bring the voices of affected but marginalized communities to the relevant levels of climate policy-making: firstly, NGO proposals designed to remedy representation inequities among governments; secondly, NGO demands for strengthening opportunities for participation by societal stakeholders at all levels of climate policy-making; and finally, representative practices (based on authorization and accountability) reflected in the NGOs’ own decision-making processes and governance structures. With regard to the first two types of responses, the article finds that the NGOs tend to support broadly similar standards of participation and representation in the climate convention. The analysis of the decision-making processes and governance structure of the Climate Action Network, the constituency focal point for the environment and development NGOs in the climate convention, highlights a number of ways through which the network can legitimately claim to represent a wider constituency. At the same time, however, it is important for NGOs not to underestimate the potential costs of high standards of inclusiveness and representativeness.     

Memory Laws: An Escalation in Minority Exclusion or a Testimony to the Limits of State Power?

The article addresses the tension between nation‐state memory and the law through “memory laws.” In contrast to laws that ban genocide denial or a positive perception of a violent past, I focus on laws that ban a negative perception of a violent past. As I will show, these laws were utilized for a non‐democratic purpose in the last decade or more: They were proposed in order to limit public debate on the national past by banning oppositional or minority views, in contrast to the principles of free speech and deliberative democracy. Their legislation in such cases also stands in opposition to truth‐telling efforts in the international arena. I compare two cases of memory legislation, in contemporary Russia and Israel, and evaluate their different impacts on democratic public debates in practice. A third case of “failed legislation” in France compliments the analysis by demonstrating not only the capacity but also the limitation of state power to silence or control public debate using the law. Although national laws often reflect majority culture and memory, I propose that memory laws in Russia, Israel, and France present an escalating degree of minority exclusion—from omission to active banning.     

Representation and participation in child care proceedings: what about the voice of the parents?

In Ireland, the Constitution guarantees very strong rights to parents and the family, and there has been a long and unfortunate history of failures to adequately protect children at risk. As a result, there has been much discussion in recent years about the need to improve legal mechanisms designed to protect the rights of children. By comparison, little attention has been given to establishing whether the theoretically strong rights of parents translate into strongly protected rights in practice. This paper presents new empirical evidence on the manner in which child care proceedings in Ireland balance the rights and interests of children and parents, including the rates at which orders are granted, the frequency of and conditions in which legal representation is provided, and the extent to which parents are able to actively participate in proceedings. A number of systemic issues are identified that restrict the capacity of the system to emphasise parental rights and hear the voice of parents to the extent that would be expected when looking at the legal provisions in isolation.     

Listen to the Judge or Listen to the Facts?——On the exclusionary rule

证据是认识的基础、证明的根据、检验的标准、思想的指南.什么能当此重任?惟有事实.证据是事实,事实不存在非法、合法的问题.事实是客观的,既不受法律调整,也不受法律制约,因而证据也没有合法性.证据不能排除.排除证据的实质是法官睁着眼睛不认事实,排除证据的法官把自己和事实的位置摆错了,这是一项根本性的错误.非法获取人证是司法警察通过刑讯逼供和指名问供这样两重罪行实现的,因而它不是程序,而是程序中的实体.     

The Duty to Protect the Victim – Or the Duty to Suffer Punishment?

This paper addresses The Ends of Harm by Victor Tadros. In it, I attempted to explore some of the implications of Tadros’s theory of punishment, particularly those following from the uneasy relationship between punishment of the offender (D) and D’s duty to protect the victim (V) from future harm. Among my concerns were: the apparent underinclusiveness of Tadros’s theory of punishment; the vague and unpredictable scope of D’s liabilities; the taking away by the state of V’s right to be protected; and the lack of inherent limitations on the appropriate forms and amounts of punishment. I also questioned the true meaning of the duty incurred by D as a result of D’s wrongdoing and suggested that protection of Vs from future harm may not be as essential to Tadros’s justification of punishment as he has argued.     

Interviewing to Detect Deception: When to Disclose the Evidence?

Research shows that there are few objective cues to deception. However, it may be possible to create such cues by strategic interviewing techniques. Strategic Use of Evidence (SUE) is one such technique. The basic premise of the SUE technique is that liars and truth tellers employ different counter-interrogation strategies, and that the evidence against the suspect can be used to exploit these differences in strategies. This study examined the effect of the timing of evidence disclosure (early vs. late vs. gradual) on verbal cues to deception. We predicted that late disclosure would be most effective in differentiating between liars and truth-tellers, and that cues to deception in the gradual disclosure condition would progressively disappear due to the suspects’ realization that evidence against them exists. That is, we expected that liars in the gradual presentation condition would become more consistent with the evidence over time. A sample of 86 undergraduate students went through a mock-terrorism paradigm (half innocent, half guilty), and were subsequently interviewed using one of three disclosure strategies: early, gradual, and late disclosure. We measured statement-evidence inconsistencies as cues to deception . Results supported our predictions in that cues to deception were most pronounced in the late disclosure condition. Contrary to our expectations, the results suggested that presenting the evidence gradually may put innocent suspects at a higher risk of misclassification as they seem to adopt a strategy that is more similar to guilty suspects.     

What Are the Obstacles to Defense Counsel?

Many years ago, at a session of the USSR Supreme Soviet, Deputy I. A. Kairov uttered these words of bitter truth: "A kind of strange attitude still persists toward defense lawyers as if in some way they were impediments rather than contributors to the administration of justice."     

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.     

A law for need or a law for greed?: Restoring the lost law in the international law of foreign investment

The 1990s brought about a change in the international law of foreign investment due to the primacy achieved by the tenets of neo-liberalism. They drove concerns about the environment and poverty away from the concerns of the law and gave priority to the interests of multinational corporations by enhancing their ability for movement of assets and the absolute protection of these assets through treaty rules. The regime created by this law was operated through secure systems of dispute settlement through arbitration which also enabled the stabilization of these rules. In the process, private power of a section within the hegemonic state was able to subvert international law through the use of low order sources of the law and secure a system of investment promotion and protection. The restoration of the more universal themes of environmental protection and poverty alleviation is necessary. This paper outlines the developments that accentuated the sectional interests of multinational capital and explores the means by which a change that reflects the global interests could be effected.