Reasonable expectation of privacy and third-party consent searches

Reasonable expectation of privacy is discussed in the context of searches conducted without the warrants usually required by the Fourth Amendment but with the consent of a third party, who is not the target of the search. Case law on this issue is neither consistent nor clear-cut. Psychological theory and research clarify this issue by establishing closer correspondence between legal concepts and assumptions and individuals' actual behaviors and social expectations. The key legal components of reasonable expectation of privacy are delineated, with regard to third-party consent: “common authority” areas versus “exclusive use” areas and theassumption of risk doctrine. Next, the psychological theory and research on interpersonal relations and human territorial functioning are reviewed as they relate to the legal components of privacy regulation. Taken together, the legal criticisms of this warrant exception category, and possible discrepancies between the legal assumptions concerning interpersonal and territorial functioning among co-residents and the actual behaviors and expectations suggested by psychological theory and research, raise questions about its validity.     

Police discretion: Relations of experience to officers' beliefs and arrest decisions

Questionnaires to assess generalized beliefs about people and factors associated with arrest decisions were completed by police officers. Responses to the Philosophies of Human Nature Scale (Wrightsman, 1974) and to statements about law enforcement and arrest decisions indicated divergent beliefs and interpretations associated with different amounts of experience in the police role. Results are discussed in terms of socialization pressures on officers, and a broader perspective to understand the dynamics of that socialization is proposed.     

Vanuatu: The evolution of the administrative and political context of decentralization

Local government came late to Vanuatu (formerly the New Hebrides) and even then was more a response to external events than a reflection of community interests. The first local council experiment, from 1957 to 1958, failed because of rivalry between the colonial powers, Britain and France. Subsequently national political developments set up additional obstacles to the successful functioning of local government. Political conflicts at the national level, reflecting the divisions created by the Anglo-French condominium, delayed implementation and undermined the administrative viability and democratic quality of local councils. Popular support for and trust in local government has not developed. A system created in haste and altered to serve the interests of competing national elites has not been able to adapt to the needs of local communities. A viable system of decentralization requires a degree of national consensus to be combined with local involvement in planning and implementation.     

Taoism and the concept of global security

Global security is typically discussed in the rationalist termsused to articulate contemporary modernism. To restrict analysisto such articulations, however, is to accept the limits anddistortions that this way of being and knowing creates. Thisarticle seeks to transgress these limits, and to compensatefor these distortions. It does so by discussing the conceptof global security from a Taoist perspective. Initially, itmaps what global security means to rationalists. Then it discusseswhat Taoism entails, and compares Taoist and rationalist epistemologies.Then it compares Taoist and rationalist thinking about globalsecurity, defined first in more general, ‘human’security terms, and second in more particular, politico-strategicterms. It concludes by highlighting the significance of theTaoist concept of wu-wei (‘no unnatural action’),and of Taoism as one way in which to contextualise the rationalistconstruction of global security.     

The Ethics of Plea Bargaining in International Criminal Trials

The paper argues that contemporary theoretical and philosophical concerns relating to the practice of plea bargaining in international trials for crimes such as genocide should be seen in the broader context of the perceived legitimacy of international trial justice. The paper questions the capacity of international trial structures to deliver a form of truth which contributes to justice suggesting that the legitimacy of the truth available is conditioned by ideology and normative practice. The paper suggests that the key to transforming international trial justice lies in promoting the link between trial ideology and the perceived moral legitimacy of its outcomes through the exercise of judicial discretionary power. Ralph Henham is Professor of Criminal Justice, Nottingham Law School, Nottingham Trent University.