Access students and widening participation

This article has been written by Sue Owen, Access to Higher Education tutor and Wendy Toy, mature Law undergraduate and former Access Student. It looks at the issue of widening ‐participation for Access Students in Higher Education, including Law degrees from the perspective of both a tutor and a student.     

Popular legal participation in China and Japan

The purpose of this paper is to examine two contrasting styles of the mixed-court system in China and Japan and investigate the extent of their civic legal participation in both nations. In 2004, Japan passed the Quasi-Jury Act to introduce a system of popular legal participation in criminal trials, where defendants have their guilt and sentence determined by a judicial panel of both professional and lay judges. In the same year, the Standing Committee of the Chinese People’s Congress also promulgated the Resolution about the Improvement of the Lay Assessor System in 2004 (the Lay Assessor Act in 2004²) to revise the system of popular participation in law. The act was designed to correct the defects of the lay assessor system that have been sharply criticized by the Western observers for their lack of institutional effectiveness, minimizing the use of lay assessors, pointing at lay assessors’ participatory incompetence and passivity, and disapproving of insufficient funding, among others.There has been, however, little study critically examining the effectiveness of the revised system under the Lay Assessor Act in 2004 in China. In Japan, the first ever quasi-jury trial began in August 2009, but its quasi-jury system suffered from a lack of publicity and insufficient public knowledge about the system, thereby creating the wide-spread public reluctance, or even strong resistance, to participate in the system.The present research is an attempt to shed both theoretical and empirical light on the effectiveness of popular legal participation in these two powerful jurisdictions in East Asia. As both nations are working to adopt a democratic system of popular legal adjudication, this study will provide important clues to measuring the nations’ commitment, as well as the success or failure of the respective governments’ efforts, to democratize their systems of popular participation in legal decision-making.     

Citizen crime prevention: Domains and participation

Attempts to engender citizens' participation in crime-prevention activities have met with varied degrees of success. Indeed, studies find great differences in participants. Part of the reason may be that different types of crime prevention are considered in the various programs and analyses. The present study uses the National Crime Survey: Victims Risk Supplement to uncover different domains of crime prevention activity and to investigate who participates in crime prevention. Five distinct types of crime-preventive behavior are isolated in the analysis. Further, path analytic techniques reveal that different demographic and crime related factors influence participation in the various crime-prevention activities. These results suggest that participation in crime prevention is complex and that we need more knowledge about who participates in different crime-prevention programs in order to promote such participation more effectively.     

公众参与与行政法治

The public participation and the system of the People’s Congress constitute a basic mode of China’s modern democracy. This article first analyzes the lessons from the development of public participatory democracy since the founding of People’s Republic of China, especially those related to the promotion of public participation and the establishment of rule of law in administration and constitutionalism, then, and study the strategic value and potential risks of public participation to the development of human society, the necessity and channels of law protection on public participation. At last, it discusses the trend of public participatory democracy in the environment of globalization and informationization, and its impact on the reconstruction in respect of administrative rule of law and constitutionalism.     

Citizen participation on regulatory boards

This article examines the relationship between regulatory board function and citizen participation. The research indicates that public members generally prefer advisory boards, while provider members prefer quasi-judicial bodies. Implications of these findings for structuring citizen participation in the regulatory process are examined.     

Increasing jurors' participation in trials

A field experiment is reported that examines the advantages and disadvantages of two juror participation procedures: Allowing jurors to take notes during the trial, and allowing jurors to direct questions to witnesses. The presence or absence of both procedures was randomly assigned to 34 civil and 33 criminal trials in Wisconsin circuit courts. Following the trials, questinnaires were administered to judges, lawyers, and jurors. Overall, no evidence is found to support the hypotheses that juror notetaking would serve as a useful memory aid, would assist the jury with recall of the judge's instructions, or would increase the jurors' confidence in their verdict. The hypothesis that juror notetaking would increase juror satisfaction with the trial was supported. None of the findings supported the conclusion that juror notetaking was distracting, that notetakers were overly influential during the deliberations, that the jurors' notes were inaccurate, that the notes favored the plaintiff, or that the notes heightened juror disagreement about the trial evidence. It was hypothesized, but not found, that allowing juror questions of witnesses would uncover important issues in the trial and would increase the jurors' satisfaction with the trial procedure. However, juror questions did serve to alleviate juror doubts about the trial testimony, and provided the lawyers with feedback about the jurors' perception of the trial. No evidence was found to support the expectations that juror questions would slow the trial, would upset the lawyers' strategy, or that the question-asking procedure would be a nuisance to the courtroom staff. Furthermore, the lawyers did not appear overly reluctant to object to inappropriate questions from jurors, and jurors did not report being embarassed or angry when their questions were objected to.Dispute Resolution Research Center, Northwestern University     

Physician participation in Medicaid: background and issues

Most Americans gain entry into the medical care system through office-based primary care physicians. The Medicaid program was created in 1965 in part to increase the access of low-income people to medical services in that mainstream. But, over the years, office-based physicians have reduced their treatment of Medicaid patients, and many have withdrawn from the program altogether. The result is not only that the original programmatic goal has not been fully achieved, but also that the costs of the program are higher than they would be otherwise. In this article, the importance of Medicaid participation by office-based primary care physicians is described, and a number of obstacles to their participation are identified. The obstacles include state policies regarding eligibility, coverage, and provider compensation. The article recommends actions pertaining to these policies that might increase participation.     

Victim participation in sentencing and satisfaction with justice

This article reviews the issues surrounding victim participation in the criminal justice system. It then examines the extent of victims' involvement in the process and its impact on their satisfaction with justice in one midwestern county. Multiple regression reveals that satisfaction with the sentence is influenced most strongly by the victims' feelings that the sentence was fair, although offense type, victim-offender relationship, and fulfillment of victims' expectations also have some explanatory power. Analysis also reveals that victims' satisfaction with the criminal justice system as a whole is influenced first and foremost by their satisfaction with the sentence. The implications of these results for the debate concerning victim participation in the process via the victim impact statement are discussed.     

Adolescent gang participation: Psychological perspectives

An issue concerning societal welfare that receives much exposure in the media is the existence of gangs and their effects on children. There is a perception that the level of youth related violence is going up while the age of gang participation is going down. Multiple sources (e.g., statistics from the U.S. Department of Justice and the Federal Bureau of Investigation) suggest that the extent of gang activity has risen dramatically over the last two decades and it is common to hear of stories concerning juvenile crime. Despite this apparent increase, psychological theory is rarely applied to the consideration of gang behavior. Therefore this paper offers a review of the growth and trends of gang participation among American youth, followed with an overview of research and theory taken from various domains within psychology, in an effort to offer explanations for why adolescents become involved with gangs. Although the psychological research and theory has much to say about adolescence, it does not speak directly to gang involvement. Nevertheless, there is a solid knowledge base from which to explore the issue and a consideration of psychological theory provides a number of research questions for those that are interested in further exploration of this area.     

Police participation in structured plea negotiations

This article examines the participation of police officers in structured felony plea negotiations. The data were collected during the testing of pretrial settlement conferences conducted in Dade County, Florida. The police officers were relatively active in the plea discussions, and their presence affected both the structure of the discussion and the relative influence of the various parties. The data also indicate that police participation and influence were affected by the presence of either the victim or the defendant.While the presence of the police did not affect the processing (settlement/trial rate) or the disposition (sentence severity, use of incarceration or restitution), the officers who attended the conference were more satisfied with both the court process and the disposition. This finding is significant in the light of the demoralizing effects of traditional plea negotiations on police attitudes and the spill over of these negative attitudes into the criminal justice system.     

Labor force participation in the Soviet and post-Soviet Baltic States

It is well documented that labor force participation rates fell precipitately as the economies of the former Soviet Union and Central and Eastern Europe made the transition from plan to market. However data allowing for direct comparison between the planned and transition periods of specific countries is rare. Here comparable data is used examining labor force participation in the Baltic States in 1990 (the late Soviet period), 1996, and 1999. While the data do indicate large drops in labor force participation, much of the decrease was concentrated among older individuals (those over 55) and women.     

Public participation in health planning agencies: promise and practice

Federal legislation provided an opportunity for health planning to "catch up" with the expanding citizen participation movements of recent years. Although the literature on health planning is mounting, there as yet has been no comprehensive, systematic effort to inventory the status of participation on a national scale. This note reports on a national study of Health Systems Agencies designed to inventory the participation objectives and methods in use, identify major participants and obstacles, and analyze impacts and factors influencing practice in the field. Among the findings are that agencies have favored "safe" participation methods that satisfy minimum federal requirements and provide information and public relations without transfer of power to consumers; and have broadened the base of participation in planning without mobilizing consumers or reducing the dominance of providers, who remain the most active, organized, and influential participants.     

Victim participation in criminal trials in Japan

Since 2000, the Japanese Code of Criminal Procedure has been revised twice to introduce into criminal trials two systems of victim participation: the Victim’s Statement of Opinion (VSO) and the Victim Participation System. This study addresses the impact of those systems on decision-making in criminal trials, with special focus on the impact on sentencing. Following a literature review are the early findings from my psychological experiment which focuses on sentencing by lay judges. The results indicate that information concerning crime victims does have an impact on sentencing, but it is immaterial whether or not the information is submitted through recently introduced systems. Evaluations of those systems from the perspectives of crime victims also indicate that they tend to evaluate at least the VSO positively, regardless of the statements’ perceived lack of impact on the outcome.