THE FIFTH WORLD CONGRESS ON FAMILY LAW AND THE RIGHTS OF CHILDREN AND YOUTH

Editor's note on the 5^th World Congress on Family Law and Children's Rights held in Halifax Nova Scotia, August 23–26, 2009     

人民陪审制的现状与未来

<正>在我国,人民陪审制既是一项重要的诉讼制度,也是一项一度被写入宪法的宪法原则。2005年5月1日《全国人民代表大会常务委员会关于完善人民陪审员制度的决定》(以下简称《决定》)正式实施,更是以立法的形式奠定了人民陪审制在国家司法制度中的地位。然而,现实中陪审制的适用状况却令人堪忧,陪审员"陪而不审,审而不议"的现象广泛存在,在实质上颠覆了立法者对人民陪审制的设计初衷。即便是《决定》实施之后,这一局面也并未得到根本性的转变。这是为什么?人民陪审制在运行过程中出现问题的根源在哪里?其出路又在何方?现有     

PROBATION AND PAROLE: PUBLIC RISK AND THE FUTURE OF INCARCERATION ALTERNATIVES*

Jail and prison populations in the United States have continued to grow unabated during the past two decades but crime rates have not declined. Partly in response to the pressures caused by burgeoning correctional populations, the use of alternatives to incarceration has expanded. An ongoing debate centers on the effectiveness of these alternatives. Many criminal justice professionals and some researchers question whether such alternatives seriously restrict the criminal justice system 's ability to incapacitate the active offender. This study deals specifically with two alternatives to incarceration: probation and parole. We examine offender recidivism for a sample of probationers and parolees active in New Orleans, Louisiana, and offer a new approach to addressing the effectiveness issue. Past research has evaluated the effectiveness of alternatives by examining failure rates of diverted offenders. High failure rates, we argue, do not necessarily imply a significant loss of the incapacitative effects of imprisonment. We suggest that a more appropriate measure of the loss of incapacitative effect is the proportion of all offenses committed by persons on probation or parole. Our results suggest that such losses are surprisingly low. The policy implications of our findings are discussed.     

A CALL TO CONGRESS TO GIVE BACK THE FUTURE: END THE "WAR ON DRUGS" AND ENCOURAGE STATES TO RECONSTRUCT THE JUVENILE JUSTICE SYSTEM

While the "War on Drugs" has been criticized in many respects, there has been little attention given to the detrimental impact it has had on children. Fortunately, both state and federal governments are recognizing the problem and have begun taking steps to combat the negative effects the "War on Drugs" has had on children. More work however, still needs to be done. This Note advocates for Congress to amend the Juvenile Justice Delinquency and Prevention Act to induce states to offer rehabilitation to nonviolent youth drug offenders, rather than incarceration, which will reduce incarceration and its detrimental effect on children, promote public safety and save money. As a funding stipulation, the amendment will require states to develop and implement deinstitutionalization programs for nonviolent juvenile drug offenders.     

THE DIVIDED WORLD OF THE CHILD: DIVORCE AND LONG‐TERM PSYCHOSOCIAL ADJUSTMENT

This study evaluated the extent to which divorce creates the “divided world of the child,” as well as consequences of this “divided world” for long‐term adjustment. An ethnically diverse sample of 1,375 young‐adult university students completed retrospective measures of parental nurturance and involvement, and current measures of psychosocial adjustment and troubled ruminations about parents. Results indicated that reports of maternal and paternal nurturance and involvement were closely related in intact families but uncorrelated in divorced families. Across family forms, the total amount of nurturance or involvement received was positively associated with self‐esteem, purpose in life, life satisfaction, friendship quality and satisfaction, and academic performance; and negatively related to distress, romantic relationship problems, and troubled ruminations about parents. Mother‐father differences in nurturance and involvement showed a largely opposite set of relationships. Implications for family court practices are discussed.     

OREGON'S INTEGRATED FAMILY COURT OF THE FUTURE

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