Can Online Courts Promote Access to Justice? A Case Study of the Internet Courts in China

The right to access the courts is a basic human right in civilised societies, but the current legal system is unfriendly and often unaffordable for the victims of e-commerce disputes and copyright infringements seeking access to justice. Therefore, how to design a judicial system that is more accessible for the aforementioned victims has become a critical legal point of contention in the digital economy era. In particular, it is not easy to provide solid evidence of consumer disputes or copyright infringements on the Internet because the electronic evidence stored on the current centralised database has data security and trust problems. In response to this challenge, China established three Internet Courts in 2017 to move dispute resolution for e-commerce disputes and copyright infringements from the physical courts to the Internet. All the proceedings in these Internet Courts are conducted on the Internet, so the time and expenses of the litigants can be largely reduced. Most notably, these Internet Courts accept the use of blockchain as a method of securing evidence, to overcome the risks that evidence stored on the Internet can be hacked or falsified. The notion of an Internet Court, which substantially enhances popular access to justice, is a significant judicial innovation. It is of special significance for those lawsuits with small value claims and online evidence, and in which the parties are separated by long distances. However, these Internet Courts leave much to reflect on, including whether due process can be guaranteed, whether public trial can be fully implemented, and whether blockchain-based evidence is absolutely admissible. Even so, this article argues that true justice is not only to pursue absolute correctness of judgements, but that true justice should also strike a balance between the correctness and efficiency of trials. For this reason, Internet Courts may yet establish a new judicial paradigm to pursue a balance between correctness, time, and cost.     

Criminal Justice “Hollywood Style”: How Women in Criminal Justice Professions Are Depicted in Prime-Time Crime Dramas

With the abundance of prime-time crime dramas on television, it is imperative that researchers examine how female criminal justice professionals are depicted in the world of fiction versus in reality. In this study, a content analysis of 10 prime-time television crime dramas was conducted. Of the 69 characters observed, female criminal justice professionals were portrayed as young, White, and single. Female characters were more provocatively dressed, and they also were more likely to be victims of crime. Unlike previous studies that showed that female characters were underrepresented on prime-time television, here women were overrepresented as crime scene investigators, detectives, and special agents. Stereotypical images of women as subordinate, nurturing, affectionate, and sexually attractive still prevail. However, compared to their male counterparts, female characters were equally assertive, self-confident, and competitive.     

Intimate Partner Homicide in Portugal: What Are the (As)Symmetries Between Men and Women?

European Journal on Criminal Policy and Research - There is consensus that intimate partner homicide (IPH) is a gender crime and that it is one of the most extreme forms of violence. This study...     

Are Immigrants and Their Descendants Discriminated against in the Danish Criminal Justice System?

The study presents Danish data from 2000 showing disparities between persons with a Danish background and persons with a foreign background regarding their treatment in the criminal justice system. Persons with a foreign background are more likely to be arrested in relation to a charge, they are more likely to be remanded in custody without subsequently being convicted, and they are more likely not to be convicted when charged with an offence. Controlling for a number of factors regarding the suspect and the crime does not eliminate the disparities. A number of possible explanations are discussed.1 ¹The results of this study were presented at the Second European Society of Criminology Conference in Toledo in 2002. We are grateful to two anonymous referees for their valuable comments.      

Crime and Punishment in Sweden: Historical Criminal Justice Statistics 1750–2000

The article is a summary of a book in Swedish on the development of crime (that is, violence and theft) and punishment in Sweden in a historical perspective. The data stem mostly from conviction statistics. Following a discussion of the reliability of conviction statistics, trends in these statistics are described and various criminological explanations for these trends are discussed.     

Are Girls Getting Tougher,or Are We Tougher on Girls? Probability of Arrest and Juvenile Court Oversight in 1980 and 2000

Girls suspected or convicted of assaults make up an increasing proportion of juvenile arrests and court caseloads. There is indication that changes in domestic violence arrest policies, school handling of student rules infractions, and practices of charging youth for assaults rather than status offenses account for these trends. To determine whether girls were treated more harshly for assaults after these policies changed, the present study compared the probabilities of conviction and institutionalization, net of the effect of self-reported attacks on persons, for 1980 and 2000. Data were from the National Longitudinal Surveys of Youth 1979 and 1997 cohorts. Girls experienced a unique increase in the probabilities of justice system involvement that was replicated only for Black males. The increase was magnified for Black girls. Additional research is needed to better connect specific policies to drawing selected subgroups more deeply into the justice system and on the consequences for affected youth.     

Military Justice: Case Processing and Sentencing Decisions in America’s “Other” Criminal Courts

A wealth of criminological research examines punishment outcomes in state and federal courts, but virtually no research examines the thousands of defendants punished in the military justice system each year. Military courts are characterized by unique case processing norms and distinctive socio-cultural influences that shape punitive decision-making in key ways. The current study provides a broad, systematic analysis of the correlates of criminal case processing in this rarely examined court context. It analyzes a large sample of Air Force court-martial cases, evaluating the evidence for gender and racial/ethnic disparities and the influence of military-specific considerations. Findings indicate that some factors, like offense seriousness, exert influences that are largely consistent with the civilian court literature, but others including gender, race/ethnicity and case processing decisions operate in ways that are particular to military courts. Results are interpreted in light of contemporary sentencing theoretical perspectives.     

Are Transition Houses Equipped to Meet the Needs of Women in Midlife and Older?

This study addresses the extent to which transition houses, defined as residential facilities for abused women and children, meet the needs of women in midlife and older. Seventeen transition house directors completed an on-line survey and eight participated in an interview. Women in midlife and older comprised 28 % of the transition house population. Thematic analysis resulted in the identification of three key themes: life at home and in the community, living in the transition house, and starting a new life. While policies, accessibility, privacy, support and outreach could be improved, the transition houses offered safety and security for women across the lifespan. Recommendations for research, policy and practice are included to ensure that transition houses offer a welcoming, suitable, and supportive environment for women in midlife and older.     

Procedural Justice for Victims and Offenders?: Exploring Restorative Justice Processes in Australia and the US

Sociolegal research indicates that when citizens perceive that legal processes and procedures are fair, both positive and negative legal outcomes will be viewed as acceptable. However, little is known about perceptions of fairness in informal contexts such as in restorative justice (RJ) practices and with victims (and offenders) who participate in these programs. Drawing on interviews with key actors engaged in post-conviction RJ programs for serious crimes in Australia and the USA, this paper asks, do post-conviction therapeutic RJ programs for violent crimes enhance procedural justice for victims and offenders? The data reveal that RJ is compatible with procedural justice for both victims and offenders. Specifically, RJ aids in correcting the harms created by the formal criminal justice system and, thus, satisfies and even greatly enhances procedural justice goals for both victims and offenders.     

Are Judges Street‐Level Bureaucrats? Evidence from French and Canadian Family Courts

Although judges were included in the street‐level‐bureaucracy (SLB) group by Lipsky (1980), sociolegal scholars have barely used this theoretical framework to study them. This article aims to specify their position with respect to SLB in order to bridge the gap between public administration and sociolegal research. Specifically, using a cross‐national ethnography of judicial institutions, it compares family trial judges' practice on the ground in France and Canada. General conditions separate them from the core SLB group: encounters with clients are less direct; discretion is more legitimate. However, French judges are far closer to the SLB group than their Canadian counterparts regarding public encounters and case processing. As such, the accuracy of the SLB framework depends on professional and cultural patterns that combine differently in these two national contexts.     

Nondualism in Early Śākta Tantras: Transgressive Rites and Their Ontological Justification in a Historical Perspective

This paper examines the ritual and philosophical meaning of the term ‘nondual’ (advaya/advaita) in early ?ākta Tantras (6th–9th centuries), including some early sources of the anti-ritualist kaula cult. It shows that nondualism denoted only ritual nondualism in the earliest texts, namely, the principle of seeing and using pure and impure substances in ritual without distinction, rejecting the pure-impure dichotomy of orthopraxy. The ontology these tantras presuppose is basically dualist, for they usually see the Lord and the created world as different and regard original impurity (mala) as a removeable material entity, similarly to the classical system of the dualist ?aiva Siddhānta. Nondual ontology evolves gradually, starting with scattered statements about the nature of the god and the phenomenal world, usually in a ritual context. It appears in a form similar to the classical one only in the Krama and related systems, as argued in Sanderson (in: Goudriaan (ed.) Ritual and speculation in early tantrism: studies in honour of André Padoux, 1992).     

Reluctant Participants in Restorative Justice? Youthful Offenders and Their Parents

This paper examines offender and parental involvement in the Vermont Juvenile Restorative Panels Program. In this program, juvenile offenders on probation appear before citizen‐run boards to negotiate the terms of their probation, which may include apologies, community service, restitution, and competency development tasks. Victims and parents of the offender also participate. This study reports findings from a qualitative analysis of 22 cases, including observations of panel meetings and interviews with program coordinators, offenders, parents, and victims. We find that offenders vary in level of participation as well as in their willingness to take responsibility. Parents do not understand the program well, worry about their child’s likelihood of compliance, but generally support the goals of the program. The implications of these findings for restorative practices with juveniles are explored in the concluding section.     

Retrospection and Perspective of Foreign Investment Legislation in China (1979–2009)

Thirty years have passed for foreign investment legislation in China since the promulgation of the first foreign investment law in 1979. The remarkable achievements in the past 30 years under the China’s reform and open policy have benefited from introduction of foreign investment to a large extent as the result of foreign investment legislation and its changes. This paper starts with a retrospection of foreign investment legislation in China since 1979, followed by a discussion on the features and motives of changes in such legislation, and makes conclusions on the experience and lessons from the legislation, which will be conducive to further improvement of foreign investment legislation in China.     

Morbidity and Mortality Risk Among the “Forgotten Few”: Why Are Girls in the Justice System in Such Poor Health?

The present study assessed the physical health of a population of girls sentenced to custody in a large US State via medical examinations and clinical assessments in adolescence and young adulthood. Findings indicated that injuries, obesity, and sexually transmitted diseases were the norm, with over 50% of the population meeting criteria for each of these health problems. A dose–response relationship was documented between childhood victimization and injuries and injury risk in adolescence and self-harm, HIV risk, physical health symptoms, and hospitalizations in young adulthood. The relationship between childhood victimization and poor adult physical health was fully mediated by health-risk behaviors in adolescence. Clinical and policy implications of the high mortality and morbidity risk among female juvenile offenders are discussed.     

What is Fair Punishment for Alex or Ahmed? Perspective Taking Increases Racial Bias in Retributive Justice Judgments

Previous research frequently found that perspective taking may reduce various sorts of racial biases. In the present research, we propose that perspective taking may increase racial bias in the specific context of retributive justice judgments, that is, evaluations of what punishment is considered fair for offenders. In two studies, we manipulated whether or not participants took the perspective of a target offender, who was named either Alex or Ahmed. Results revealed evidence for racial bias under conditions of perspective taking in both studies: Perspective taking increased punishment for Ahmed, but not for Alex, in a theft case (Study 1). Furthermore, perspective taking decreased punishment for Alex, but not for Ahmed, in the case of less severe offense that is less clearly intentional (Study 2). The consequence is similar in both studies: More severe retributive justice judgments for Ahmed than for Alex under conditions of perspective taking.     

The More the Merrier? Hungarian and Romany Minorities in Slovakia

This article discusses some important aspects of thetreatment of minorities in the Republic of Slovakia.It discusses the 1992 Constitution and subsequentdevelopments such as the State language law 1995, therestriction of political rights of Hungarians,educational policies, the setback of EU entry talks,the September 1998 general elections, the Dzurindagovernment's ``De-Meciarization', the 1999 MinorityLanguage Law, and recent electoral legislation. Thespecial condition of the Romany is considered. Theeffectiveness of international mechanisms for theprotection of minority rights (the Organisation forSecurity and Cooperation in Europe, the InternationalCovenant for Civil and Political Rights, the EuropeanConvention of Human Rights, the Framework Conventionfor the Protection of National Minorities) isassessed, as is the involvement of the EU. Finally,the role of the judiciary is reflected upon.