Deportation, Detention & Torture by Proxy: Foreign National Terror Suspects in the UK

In many ways his article confronts the Sociologist C. Wright Mills’s famous injunction on turning private troubles into public issues. However, this is a trickier process than usual as the victims at the centre of these private troubles are not children, women, lesbian, gays, the elderly, or the disabled. The victims here are what Stan Cohen has described as ‘impure victims’, in that they are individuals who are suspected of being ‘involved’ in ‘terrorist’ activities. The private troubles these impure victims are experiencing are the loss of many of the rights most of us enjoy (for example, the right to liberty and the right to a fair trial). The public issue that will be examined here is what étienne Balibar refers to as the reality of the extreme violence of the State in contemporary societies against ‘radically excluded’ individuals. This chapter is an examination of the long and winding road to the Government achieving its over-riding ambition in the war on terror in the UK: the deportation of terror suspects to regimes where (despite diplomatic assurances) torture is inevitable.

质疑对犯罪嫌疑人精神病鉴定期间的规定

我国刑事诉讼法和相关解释将对犯罪嫌疑人精神病鉴定的期间不计入羁押期限,是值得商榷的。应该认识到犯罪嫌疑人精神病鉴定在性质上类似于羁押,在德国和我国台湾等国家和地区,其是鉴定留置的一种类型,法律对其规定严格的实施要件,以防止对相对人权利不当的干涉。我国应从人权保障出发,在刑事诉讼法修改时,重新定位对犯罪嫌疑人精神病鉴定,并完善相关制度设置。     

Cigarette Smugglers: A Note on Four ‘Unusual Suspects’

The smuggling of contraband cigarettes is discussed in relation to numerous financial and social issues. Cigarette smugglers are often portrayed as ruthless and dangerous individuals, and according to official and media accounts a clear link has been established between cigarette smuggling and ‘criminal and terrorist organisations’. The aim of this article is to challenge this stereotypical image of the cigarette smugglers based on the presentation of the stories of four smugglers interviewed in Greece and the UK.     

英国反恐立法的新发展

英国自20世纪初期就存在反恐立法的雏形,后于20世纪70年代制定了专门的反恐法。进入21世纪以来,英国进行了一系列新的反恐立法,极大地改善了反恐怖斗争的法律环境。然而,随着恐怖主义态势的变化,英国反恐立法也面临着社会防卫与人权保障的抉择。     

公安刑事拘留专项检察监督调研分析

目前我国公安刑事拘留实践中存在拘留对象扩大化、任意延长拘留期限、被拘留人员权利保障不足等诸多问题,其中一个重要原因在于检察机关不能对公安刑事拘留实施有效的法律监督,因此,必须完善相关立法,建立刑事拘留检察监督的长效工作机制。     

The Potential Jamaican Impact of Criminal Deportees from the U.S.

ABSTRACT

Using data collected on Jamaican criminal deportees and data from the U.S. census and the National Household Survey on Drug Abuse, annual remittances losses to Jamaica resulting from deportation are estimated to be $1.9 million. Murders and reported rapes in Jamaica are estimated to be 5% higher due to criminal deportation. We estimate there are 84,749 Jamaican-born illegal aliens in the U.S. and Jamaican-born illegal aliens are 45% less likely to commit crimes than legally admitted aliens. We demonstrate that criminal deportation is unlikely to rise in the near future and U.S. gains from deportation are greater than Jamaican losses.     

超期羁押:性质·成因·对策

超期羁押是具有多方面社会危害性的违法行为;造成超期羁押,既有公安司法人员执法观念方面的原因,亦有法律制度及执法工作机制方面的原因;与此相适应,解决超期羁押的对策,也应该是综合性的。     

试论ICSID语境下的适格投资者

适格投资者是解决投资争端国际中心(ICSID)仲裁庭取得管辖权的基石。目前尚无专门的国际条约和国内立法对适格投资者进行准确界定,这导致ICSID仲裁庭在近年的实践中通过对"投资者"进行扩张解释以扩大自身管辖权,这种做法引发了投资者与东道国对于ICSID仲裁庭公正性的强烈质疑与不满,也造成了投资双方的利益失衡。各国在未来的有效应对措施应当是在双边投资条约中采取列举法对适格投资者的范围做出具体规定,同时规定条款的解释权属于缔约国。     

澳大利亚反恐怖主义立法述评

为应对日益严重的恐怖主义威胁,澳大利亚加快了反恐怖主义立法的进程,澳大利亚反恐怖主义法对基础性概念进行界定,增设了恐怖主义犯罪罪名,完善恐怖主义犯罪的诉讼程序,对有关部门进行特殊授权,并且严格了对澳大利亚本土的防范措施.澳大利亚反恐怖主义立法采用附属式的立法模式,并涉及预防、处置及制裁等多重内容,体现了普通法系的"程序优先"的特征,极大地扩张了国家行政权力.随着反恐斗争的开展,普通法系国家愈加重视制定法的作用.但是,反恐怖主义立法引发的人权问题、民族问题和宗教问题也是值得深思的.     

羁押必要性审查制度研究

我国在最新修订的法律及各种规范性文件中对羁押制度进行了修改与完善,其中修改后的《刑事诉讼法》确立了必要性审查程序,而最新的《人民检察院刑事诉讼规则(试行)》则对此进行了细化,通过多个条文予以具体规定,对审查主体、内容、方式等问题进行了初步的规定。由于法律和司法解释的规定都相对比较原则,导致该项制度在实施过程中仍存在程序规定不细致、审查标准不明确等问题。我们应在理清羁押及羁押必要性审查的概念、羁押必要性审查的理论基础及价值目标等基础理论的前提下,梳理出我国羁押必要性审查制度的立法现状,并在此基础上正确理解我国羁押必要性审查的性质、涉及的诉讼阶段、审查的案件范围、实施审查的工作主体等基本问题,进而结合基层检察工作实际,构建一套符合立法意旨且切实可行的羁押必要性审查机制。     

Crime,deportation and the regulation of immigrants in Canada

Criminality is now one of the most frequently used provisions for deporting non-citizens from Canada. Individuals who are convicted of crimes outlined in current immigration policies can find themselves subject to deportation proceedings after they have served their sentences unless they are eligible to make an appeal and can do so successfully. This paper examines 177 reported immigration appeal hearings in Canada involving non-citizens who are ordered deported on the basis of criminality. Using documentary analysis along with basic statistics to analyze the appeal hearing decisions, I demonstrate how gender and racial ideologies shape the outcome of these decisions. Theories of moral regulation, social control and governmentality are employed to develop an understanding of the state's treatment of immigrants. That a significant number of immigrants in this study were not deported, but were granted stays with strict conditions highlights how deportation hearings are one mechanism for differentiating between ‘deserving’ and ‘undeserving’ immigrants. This study illustrates how, through the use of racial and gender ideologies, deportation practices are as much about differential exclusion as they are about enforced assimilation. Concerns around criminality rationalizes the ongoing regulation and surveillance of immigrants and the threat of deportation ensures their compliance.This research was funded by the Social Sciences and Humanities Research Council of Canada (SSHRC Grant No. 31-632203). An earlier version of this paper was presented at the British Society of Criminology Annual Meetings in Bangor, Wales, July 2003 and at the Canadian Law and Society Association Annual Meetings in Halifax, Canada, June 2003.     

外汇核销和提单权利

外汇核销是我国对出口单位实行的一项外汇管理制度,出口企业已进行外汇核销,能否作为认定已收到贸易货款的依据?即使已收到贸易货款,但仍持有正本提单,能否向承运人主张提单项下的货物权利?法院将提单项下的货物不能交付赔偿,与侵权责任中的赔偿概念相混淆,导致了货物所有权的主张必须是以损失为前提的错误法律观点。     

“The Judge Didn't Sentence Me to Be Raped”: Tracy Neal v. Michigan Department of Corrections: A 15-Year Battle Against the Sexual Abuse of Women Inmates in Michigan

This research traces the history of Tracy Neal v. Michigan Department of Corrections, a class action lawsuit against the Michigan Department of Corrections that alleged the sexual abuse of women prisoners spanning more than two decades. The litigation resulted in combined jury verdicts of more than $30 million for the plaintiffs and a $100 million settlement that included extensive injunctive relief. This article examines the abuses and conditions suffered by female inmates in Michigan prisons, the court decisions, jury trials, and settlement. Drawing on interviews from several lead attorneys for the plaintiffs, the article provides an examination of the circumstances, discusses litigation strategy, and highlights lessons from Neal that could be relevant to civil rights scholars and advocates. The article concludes with a discussion of the impact and future implications of this case.     

The Impact of the Boston Marathon Bombings on Public Willingness to Cooperate with Police

While a key to law enforcement success is the willingness of the public to cooperate with police, we have limited understanding of how terrorist attacks affect this public readiness. Prior research suggests that terrorist attacks might increase citizen cooperation with police through both prevention efforts and rally effects. We test these assertions with three nationally representative surveys on respondents’ willingness to help police combat terrorism: one before the Boston Marathon bombings and two after. As predicted, public willingness to report suspicious behavior to police increases significantly following the bombings and there is evidence that these increases generalize to ordinary crime. We also find that knowledge of key counter terrorism programs increases after the bombings, effects are somewhat stronger for the New England area than other regions, and the strength of the results are greatly diminished 16 months after the attacks. Conclusions are similar for both panel and cross-sectional analyses.     

伦理的维度：恐怖主义产生和泛滥的根源

恐怖主义是对全人类安全的共同威胁。贫困、不公正因素的加剧,发达国家的傲慢偏见以及美式反恐战略先天性的道德缺失是恐怖主义产生和泛滥的主要根源。     

The Lethality of Female Suicide Bombers

Over the past 50 years, suicide bombings have become an increasingly common tactic of politically motivated violence, and a rising number of these attacks feature women perpetrators. Prior literature suggested that female-perpetrated suicide bombings occurring between 1985 through 2008 inflicted greater casualties, which may account in part for their increased use by terror groups. The current research project ascertains whether sex continues to predict the lethality of suicide bombing attacks perpetrated by terror groups over the decade leading up to 2016. The study utilizes secondary data sampled from the Global Terrorism Database (N?=?881) and the Chicago Project on Security and Threats (N?=?1,722). A negative binomial model regressing lethality against perpetrator and conflict covariates did not observe a statistically significant relationship between sex and lethality. Male and female suicide bombers demonstrated similar lethality in suicide bombing events between 2005 and 2016, although scatterplots suggest some aberration during the years 2009, 2010, and 2016. Pairwise comparisons of perpetrator sex by conflict observed some variation in the lethality of attacks, with female suicide bombers from Al Qaeda, the Islamic State of Iraq, and Iraqi rebel groups found more lethal than male suicide bombers from Boko Haram and the Nigerian rebels. The current research project contributes to the literature by demonstrating the evolving nature of terrorism and tactics relevant to the lethality of politically motivated violent attacks.