The basic concepts of re-modifying the criminal procedure law

Re-modifying China’s Criminal Procedure Law has become an important topic within theoretical circles. Many scholars discuss the question of how to modify Criminal Procedure Law. The author considers re-modifying Criminal Procedure Law based on basic scientific ideas; if these ideas contain paying equal attention to fighting crime and protecting human rights, initially setting up a procedural idea and a view of legal truthfulness, giving priority to justice with due consideration to efficiency, and obeying and consulting the international criminal judiciary justness guidelines that will be followed in re-modifying Criminal Procedure Law, then this re-modifying will be successful. __________ Translated from People Justice, 2005, (5) (in Chinese)     

Cyrille Fijnaut: a pioneer from the low countries

ABSTRACT

Inspired by American pioneers in the field of police research like Jerome Skolnick, Cyrille Fijnaut resigned in 1969 as a police lieutenant from the police force in the city of Tilburg, the Netherlands in order to create the opportunity to study criminology and philosophy at the KU Leuven in Belgium. At the same university, he wrote in the years 1974–1978 his Ph.D. dissertation on the political history of policing in Europe since the Napoleonic Era. This thesis became the starting point of a rich career as a professor of criminology and criminal law at the Erasmus University Rotterdam, the KU Leuven, Tilburg University and NYU Law School (Global Law School Programme). Over the years, he became an internationally renowned expert in the fields of police and judicial cooperation, organized crime and terrorism, and the transatlantic history of criminology and the criminal justice system. In these and other fields he wrote some 50 books and edited some 50 volumes, and published more than 400 articles in academic and professional journals. In addition, he was one of the founding fathers of the Belgian journal of criminology and criminal law Panopticon and the European Journal of Crime, Criminal Law and Criminal Justice. He also served as an expert in some of Dutch and Belgian committees of inquiry, e.g. the committee that investigated the safety and security problems of Pim Fortuyn, the Dutch politician who was killed in May 2002. The Dutch government rewarded him with a Knighthood in the Order of the Dutch Lion, and the Belgian government appointed him Commandeur in the Crown Order.     

The Role and Place of <Emphasis Type="Italic">American Journal of Criminal Justice</Emphasis> in the Discipline

The American Journal of Criminal Justice (AJCJ), the peer-reviewed publication of the Southern Association of Criminal Justice (SCJA), has been in publication for 35 years. SCJA has often been viewed as an approachable association to become involved with for young faculty in criminal justice. In addition, based on the findings of this assessment, SCJA’s journal has also been viewed as a desirable starting place for new academics to foray into the world of peer-reviewed publications. This article reviews the 35 year history of AJCJ’s articles and authors by addressing the trends in subjects, methods, authors, and citations to articles in the journal.     

Criminal justice curricula in the United States: A decade of change

This research on criminal justice programs and curricula in 1999–2000 is a follow-up to Southerland's study of baccalaureate programs in 1988–89, published in the Spring 1991 issue of the Journal of Criminal Justice Education. A national overview and regional differences are presented. Positive and negative changes are highlighted, and recommendations for improvement are included. The findings are evaluated in light of the ACJS Minimum Standards for Criminal Justice Education and the broader context of general trends in higher education.     

COMPLEMENTARITY AND COOPERATIVE JUSTICE AHEAD OF THEIR TIME? THE UNITED NATIONS WAR CRIMES COMMISSION,FACT-FINDING AND EVIDENCE

Today, many international criminal lawyers claim that the future of international law is domestic. The example of the United Nations War Crimes Commission (UNWCC) shows that this might not only be the future, but also the past. This article analyzes the practice of the Commission (1943–1948), with a particular emphasis on facts, evidence and interaction with domestic authorities. It argues that the UNWCC marked an early counter-model to the idea of military justice that prevailed in many World War II accountability initiatives, and an alternative to the centralized and situation-specific enforcement model under the umbrella of United Nations (UN) peace maintenance. The Commission represents a cooperative approach to justice and sovereignty that has got lost in the course of the second half of the twentieth century. In the mid-1940s, attention shifted quickly, and perhaps too early from the UNWCC itself to the idea of centralized enforcement under the umbrella of an International Criminal Court. The work of the Commission foreshadows many core dilemmas of contemporary international justice, including debates over independent investigative authority, proprio motu powers, the labelling and origin of core crimes (e.g. aggression, crimes against humanity), the treatment of group criminality (e.g. attribution of conduct) and evidentiary standards in proceedings. Similar structures are gradually re-emerging in the context of regional integration (e.g. ‘mutual trust’ under the European Area of Freedom, Security and Justice) or the operationalization of complementarity under the Rome Statute of the International Criminal Court (ICC). But in terms of cooperation between major powers and use of international expertise and advice in criminal proceedings, international criminal justice is still in search of a modern UNWCC 2.0.     

The European Sourcebook of Crime and Criminal Justice Statistics: A New Tool in Assessing Crime and Policy Issues in Comparative and Empirical Perspective

Theories which suggest a relationship between crime or criminal justice variables on the one hand, and variables related to criminal justice policies on the other hand, cannot be tested without reference to historic or comparative data. Since international comparisons offer the most powerful test of such theories, policy-related research in Europe has suffered, so far, from a lack of valid comparative data. Whether crime data from different countries are comparable, has always been subject to controversies. In the case of the European Sourcebook of Crime and Criminal Justice, a network of specialists was established under the auspices of the Council of Europe in order to assess the validity of the data. Although some problems in cross-country level comparisons could not be settled, the European Sourcebook offers comparative data on 36 Member States of the Council of Europe on a variety of subjects (offences and offenders known to the police; prosecution, convictions, sentences, and corrections; survey data; and indications on manpower and budgets of police forces, prosecutors, and corrections).     

Internationality of Women Specialty Journals: Content Analysis and Survey of Editors

In the USA, in criminology and criminal justice, the women specialty journals, Feminist Criminology, Violence Against Women, and Women and Criminal Justice, have played a key role as outlets for research on women and crime. The current study examined the internationality—presently a significant criterion used to measure the quality of scholarly journals—of these women specialty journals. In order to measure their level of internationality, two indicators are studied: (1) geographic diversity of editorial boards and (2) the patterns (frequency, countries, international collaborations, and thematic directions) of the foreign-authored articles between 2010 and 2016. The authors also conducted a survey of the editors of the three women specialty journals to identify trends in international submissions as well as editors’ perceptions of the internationalization of their journals. The results of this study confirm that the three women specialty journals are becoming more international. Finally, recommendations to encourage international diversity of editorial boards and authorships, especially from East Asia, are discussed.     

The Role of the Lay Assessors in The German Democratic Republic (GDR)

Editor's Note: Dr. Buchholz is a regular contributor to this journal. He is a leading scholar on international law and has published numerous articles and book chapters not only in his own country but also in socialist countries and in the West. Some of his works are being translated into English, i.e., Socialist Criminology (with R. Hartmann, J. Lekschas and G. Stiller, published by D. C. Heath, 1974 edition). His most recent publication appeared in Vol. 9, No. 2, (Winter, 1985) pp. 59–70, entitled Some Aspects of the Development of the Penalty System in the German Democratic Republic. Currently Dr. Buchholz is the Director, Dean, and Professor in the College of Law, Humboldt University, East Berlin. He is a permanent member of the Presidency of the Council for Scientific Investigation of Legal Science at the Academy of Science of the GDR and the International Association of Penal Law. On behalf of the journal staff, we wish to take this opportunity to thank him for his contributions to the fund of knowledge in the field of criminal justice, here and abroad.     

Changes in the Most-Cited Scholars in 20 Criminology and Criminal Justice Journals Between 1990 and 2015 and Comparisons with the Asian Journal of Criminology

The main aim of this article is to assess the most-cited scholars in 20 criminology and criminal justice journals in 2015 and to compare them with the most-cited scholars in these journals in 1990–2010 and with the most-cited scholars in the Asian Journal of Criminology (AJC) in 2015. Five American criminology journals, five American criminal justice journals, five international criminology journals, and five international criminal justice journals have been studied since 1990. The most-cited scholars tended to be those who carried out research on developmental and life-course criminology. Most of these highly cited scholars were also highly cited in previous years, showing the persistence of scholarly influence. Generally, the most-cited scholars in criminology and criminal justice journals overlapped considerably, as did the most-cited scholars in American and international journals. Also, the most-cited scholars in AJC in 2015 overlapped considerably with the most-cited scholars in these other categories of journals. We conclude that there is considerable agreement in American, Asian, and international criminology and criminal justice on the most-cited, and therefore most influential, scholars.

     

Test of Impacts of Gender Equality and Economic Development on Sexual Violence

Austin and Kim (International Journal of Offender Therapy and Comparative Criminology 44, 204–221, 2000) tested the relationship between gender equality and rape victimization by employing an international data set. The current study advances Austin and Kim’s (International Journal of Offender Therapy and Comparative Criminology 44, 204–221, 2000) work by employing more variables, such as absolute measures of female socioeconomic status and Muslim and Latin American regional indicators. Additionally, the current work utilizes a larger and updated international data set from The United Nations’ Surveys on Crime Trends and the Operations of Criminal Justice Systems. The results of multiple regression analyses partially support backlash hypotheses, but not the amelioration hypothesis. An interesting finding of this work is that developed countries display a higher level of sexual violence than their developing counterparts, which is inconsistent with the perspective of the civilizing process on violence. Additionally, Muslim countries register lower sexual violence than non-Muslim ones, while Latin American countries exhibit higher sexual violence than non-Latin American ones.     

Reductio Ad Absurdum: The Kapo Trial Judgements’ Contribution To International Criminal Law Jurisprudence And Customary International Law

Several Jewish persons designated as concentration camp guards (Kapos) during the Holocaust were subsequently tried in Israel in the 1950s and 1960s for allegedly committing grave crimes. This article examines these trial judgements and considers their significance to international criminal law jurisprudence and customary international law. First, this article will delineate the trial judgements’ purpose, relevance and previous contribution to customary international law. Secondly, a comparative narrative of the judgements with recent case law from the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Court will illuminate their potential contribution, specifically to the principles of modes of liability, criminal intent, and the defence of duress. The Kapo trial judgements may therefore continue to offer an extreme case example and a worthy source of common law for international criminal law jurisprudence and customary international law.     

当代国际刊法的新发展

大量证据显示国际刑事审判的展开促进了国际刑法的发展,而在国际刑法发展的进程中,出现了一系列新的观念和原则并逐渐得到国际社会的广泛认可,诸如灭绝种族罪、危害人类罪和战争罪的定义,以及合法性原则、补充性管辖原则、个人刑事责任原则和国际合作与司法协助原则等。国际刑事法院的建立在国际刑法制度发展中具有里程碑式的意义,联合国、联合国宪章以及联合国大会的一系列决议为国际刑法的发展发挥了至关重要的作用。     

Assessing the prestige of journals in criminal justice: A research note

This study extends earlier periodical prestige research by determining journal prestige for three criminal justice membership categories and reexamines the emergent rankings, controlling for a potentially salient variable—previous journal publication. Data for the project were derived from questionnaire responses of 1,028 criminal justice educators who were members of either the American Society of Criminology, Academy of Criminal Justice Sciences, or both associations, via a three-wave mail survey. Generally, the findings demonstrated conflicting or competing professional ideologies operating in assessments of the relative importance of criminal justice publications. Particularly, respondents' subjective evaluations established two relatively divergent stratification systems of journal prestige.     

Regulating the criminal justice snooper

Existing and anticipated restrictions on the conducting of social research present several opportunities and problems for criminal justice researchers. After reviewing those restrictions, the admittedly controversial techniques of covert and concealed research are used to show how restrictions may influence the direction criminal justice research follows in the coming years. A devil's advocate role is taken and covert and concealed research is championed in order to encourage academicians and practitioners to be both aware and wary of external restrictions on the conducting of social research.     

Sacje’s role and function: A membership survey

The Southern Association of Criminal Justice Educators (SACJE) is a regional professional organization which was developed to improve professionalism in criminal justice. In recent years the organization seemed to loose its focus and was having membership and budgetary problems. The authors, in an attempt to understand the feelings of members and former members, surveyed current and prior members of SACJE. The results of the survey are presented with recommendations for action by the SACJE Executive Board. Several areas of consensus were evident. The membership wants SACJE to continue to exist. The role of the organization is to promote better criminal justice education and to disseminate new criminal justice information. The membership wants annual meetings and the Southern Journal of Criminal Justice published twice yearly. They also want voting by mail on all major issues and elections. All other voting should be conducted at a business meeting on the second day of a three day annual meeting.     

Testing a promising homicide reduction strategy: re-assessing the impact of the Indianapolis “pulling levers” intervention

Since the publication of analyses suggesting the significant impact on youth homicide of the Boston “pulling levers” intervention, a series of studies of similar strategies have indicated promise in reducing homicide and gun assaults. One of these studies was an assessment of a pulling levers strategy in Indianapolis, where trend analyses indicated a significant reduction in homicide following the intervention, while six other similar Midwestern cities did not experience a significant decline in homicide. We re-assess the results of the Indianapolis study by disaggregating the offenses into gang- and non-gang homicides. Given that the pulling levers program focused on influencing gangs and networks of chronic offenders, the impact of the intervention should be more apparent for gang homicides than for non-gang homicides. Alternatively, should the impact be similar for non-gang homicides, then it is more likely that the downward trend would be caused by unmeasured external forces. Coefficient-difference tests relying on estimates obtained from autoregressive integrated moving average (ARIMA) time–series models indicate that gang homicides declined significantly more than did non-gang homicides following the Indianapolis intervention. These findings suggest ‘something happened’ to gang homicides that did not happen to non-gang homicides, which adds further support that the pulling levers initiative was the driving force behind the overall reduction in homicide in Indianapolis.

论卢旺达国际刑事法庭对国际刑法发展的贡献

卢旺达国际刑事法庭在1994年的建立和12年的审判实践经验为国际刑事法的发展作出了一定贡献.主要表现在:卢旺达国际刑事法庭是历史上首次建立专门审理非国际性武装冲突的国际刑事法庭;丰富了国际人道主义法的内容;扩大了对在非国际性武装冲突中犯罪的管辖权,进一步积累了国际刑事法院的审判经验,对国际刑法中的三大罪行的界定作出了新的阐释;推动了非洲国际法学的发展并在一定程度上促进了常设性国际刑事法院的建立.     

The Offence of Giving False Testimony under Solemn Declaration in the Rome Statute

As a preliminary matter, the article considers different legal regimes pertaining to the power of the international criminal tribunals to punish conduct that tends to impede or frustrate the good administration of justice, from Nuremberg to the UN Mechanism for International Criminal Tribunals. It further examines the actus reus and mens rea of the offence of giving false testimony under solemn declaration, pursuant to article 70(1)(a) of the Rome Statute. It separately evaluates whether materiality of the false testimony is a requisite legal element of this offence. In conclusion, the article observes that few offences are carried out with greater impunity in the international criminal proceedings, and cautions against a risk of routinisation of false testimony due to a deliberate non-enforcement of its prohibition.