改变美国警察执法的三大案例

与罗马 -日耳曼法系相比 ,普通法系更注重程序公正。马菩诉俄亥俄州、米兰达诉亚利桑那州、泰瑞诉俄亥俄州是 1 960年代美国最高法院有关警察执法的三大案例 ,它们分别确立的排除规则、米兰达警告、滞留与搜拍的权限对美国警察执法产生了重大影响 ,促进了美国警察制度的改革 ,有力地保障了公民的人权。     

Perceptions About Changing the MirandaWarnings Among Police Chiefs

Abstract

A number of studies have considered whether the race of a police officer influences police decision-making processes. The current study assesses whether a police chief's race influences perceptions about the Mirandawarnings. Police chiefs from the Commonwealth of Virginia completed questionnaires assessing various aspects about the Mirandawarnings when the fate of the warnings was to be determined by the Supreme Court. Results suggest that race only moderately influenced chiefs' perceptions. Implications are provided.     

Police Powers and Accountability in a Democratic Society: Introductory Report

This article by general rapporteur Joachim Kersten introduces the reports which were presented at the Twelfth Criminological Colloquium, organised by the Council of Europe in Strasbourg, from 24-26 November 1999. Europe is undergoing a phase of rapid change. This affects the conditions of policing in each country and on the European continent as a whole. It is actually the legal, political and cultural context of policing that is undergoing rapid change. This colloquium and earlier ones carried out by the Council of Europe served a crucial purpose: they are an assessment in the European context of what is happening in relation to the police, police ethics and human rights in democratic societies.     

Hart Interviewed: H.L.A. Hart in Conversation with David Sugarman

Within the English-speaking world, H.L.A. Hart (1907–1992) is regarded as the twentieth century's foremost legal philosopher. He revived the moribund discipline of jurisprudence, reorientating it so that the qualities associated with analytical philosophy in the second half of the twentieth century² were applied to the investigation of the most fundamental concepts of law and to major public issues, notably, the complex relation between law and morality. As a colleague, teacher, mentor, and author, he exercised a profound influence, an influence that extended to the 'real world' and 'real issues'. From the late 1950s onwards, he championed a new humaneness in punishment, speaking and writing for a right to abortion and against the death penalty and the prosecution of people because of their sexual preferences. His exploration of the balance between the modern welfare state and individual liberty - in particular, the legitimate use of state power to impose standards of private morality -produced an eloquent and highly influential manifesto for modern political liberalism. As Tony Honore, his close colleague at Oxford, put it,'He was the most widely read British legal philosopher of the twentieth century and his work will continue to be a focus of discussion.³     

论民主党派内部监督机制的完善

民主党派内部监督是以批评和建议为主要方式的监督。目前，作为参政党的各民主党派章程中还没有明确规范的监督机制，从中央到地方组织都没有设置监督检查机构，这是参政党建设应亟待完善之处。要完善民主党派内部监督机制，必须认真分析当前民主党派内部监督存在的问题，结合民主党派自身的实际，充分发扬党派内部民主，制定出切实可行的完善方案，以期把中国共产党领导的多党合作推进到一个新的阶段。     

From Workers to Migrants,from Distributive Justice to Inclusion: Exploring the Changing Social Democratic Imagination

There is little awareness that from the perspective of distributive justice, a transnational market society exercises a justice‐disabling effect. No longer is society perceived to be a system of co‐operation, the net product of which is to be distributed among all participants fairly, but rather viewed as a composite of uncoordinated templates for the individual pursuit of opportunities. A society of this type does no longer regard a centralised political effort at redistribution as its essential objective; rather, its most fundamental principle concerns equal access to opportunities without regard to nationality or local preference. Such a concern with inclusion appears to be at odds with the received vision of distributive justice whose realisation presupposes bounded solidarity and, hence, closure.