In Defense of the Responsibility to Protect: A Response to Weissman

This article defends the Responsibility to Protect (R2P) doctrine (adopted by the United Nations in 2005) against critiques by Fabrice Weissman in this journal, and against similar criticisms of humanitarian intervention and human rights norms made by postmodern thinkers in the Nietzschean tradition, such as Alain Badiou and Anne Orford. I argue against Weissman that R2P can be effective in stopping or preventing mass atrocities, and in particular that opposition to military intervention in Syria during the 2013 debates was a terrible mistake. Moreover, the moral ground for humanitarian aid efforts is the same as the basis for forceful rescue from mass slaughter, ethnic cleansing, and persecution (when other conditions of just war can be met). Weissman's critiques misinterpret just war theory on key points and rely on inflated rhetorical strategies inspired by extreme forms of cultural and moral relativism that are intellectually bankrupt—both in blaming “Western imperialism” for most crimes against humanity committed by tyrants, and in leaving hundreds of thousands without the only protection that could prevent their murder and exile. These extreme positions and the strained rhetorical devices used to defend them do not deserve the wide respect they command in some parts of academia.     

Does Minority Representation in Police Agencies Reduce Assaults on the Police?

Following recent high-profile deaths of unarmed African American suspects at the hands of police, a number of reforms have been proposed, among them improved minority representation in the ranks of law enforcement organizations. Previous research has explored the effects of minority representation on complaints against the police and other behaviors, but very few studies have examined violence toward the police. We merged several data sources together and tested the hypothesis that minority representation within police departments is inversely associated with assaults against the police. In an extension of prior research, we also conducted separate analyses for African American, Hispanic, and Asian officer representation. The results did not support the expectation that diversity within police organizations results in improved police-citizen interactions, as measured by assaults on police. This study is one of the few to examine how different measures of minority representation in police agencies relates to assaults on the police.     

Transplanting Jury Trials in South Korean Legal Soils: Comparative Analysis with Jury Trials in the United States

Jury trials, known as common-law institution centering on the UK and the USA, for the first time in Korean adjudicatory history, have been transplanted into Korean legal soils under cultural and political climate with legal roots of the “Civil Participation in Criminal Trial Act (CPCTA) of 2007” since 2008. This research examines legal and operational issues of jury trials through comparative analysis between the United States and South Korea. Several legal characteristics of 2013 revision bill of CPCTA, proposed by the Committee of Civil Participation in the Judiciary (CCPJ), are to be pointed out: so-called “civil participation” approach, de facto binding power of jury verdict and sentencing, and a stricter standard for a jury verdict or decision (3/4 majority). Statistical results from planting jury trials in both American and Korean legal system proved to be very similar. Meanwhile, a 2013 revision bill has to overcome several practical and legal obstacles, such as low usage of jury trials, the high rate of judicial dismissal of defendants’ petitions, and violation of Article 27 of the Korean Constitution. Under the current legislative scheme, judges in Korean courts need to operate jury trials in such a careful and respectful way that the revision may neglect neither a defendant’s right to jury trial nor jury’s verdict. Legal scholars, experts, and legislators with interests in implementing jury trials in Korea should research on ways to expand the system to other judicial procedures such as juvenile, civil, family, and administrative cases.     

Elite interests and political participation in Botswana, 1966–2014

ABSTRACT

Botswana’s tiny economy is overwhelmingly government-driven and political participation, particularly on the side of the ruling party, is critical for one’s economic survival and prosperity. This has led to enduring intrigue and conflict among the country’s political power elite. Opposition party activists traditionally have embraced leftist policies and claimed to be representing the country’s poor and downtrodden while castigating the ruling Botswana Democratic Party (in power since 1966) of being pro-rich and politically connected business. Ironically, some members of the opposition elite also engage in business ventures with their ruling party counterparts. The scramble for economic opportunities has fuelled debilitating factionalism within both the ruling and opposition parties over the years. In some instances tribalism was mobilised in intra- and inter-party elections for positions of influence even though voters are more interested in service delivery than traditional ethnic issues. Our paper considers the question: ‘Whose interests do Botswana’s politicians represent?’     

The rise and fall of “Novorossiya”: examining support for a separatist geopolitical imaginary in southeast Ukraine

In the spring of 2014, some anti-Maidan protestors in southeast Ukraine, in alliance with activists from Russia, agitated for the creation of a large separatist entity on Ukrainian territory. These efforts sought to revive a historic region called Novorossiya (“New Russia”) on the northern shores of the Black Sea that was created by Russian imperial colonizers. In public remarks, Vladimir Putin cited Novorossiya as a historic and contemporary home of a two-part interest group, ethnic Russian and Russian-speaking Ukrainians, supposedly under threat in Ukraine. Anti-Maidan agitation in Ukraine gave way to outright secession in April 2014, as armed rebel groups established the Donetsk People’s Republic and Luhans’k People’s Republic on parts of the eponymous Ukrainian oblasts. Rebel leaders aspired to create a renewed Novorossiya that incorporated all of eastern and southern Ukraine from Kharkiv to Odesa oblasts. To examine the level of support for this secessionist imaginary in the targeted oblasts, our large scientific poll in December 2014 revealed the Novorossiya project had minority support, between 20 and 25% of the population. About half of the sample believed that the concept of Novorossiya was a “historical myth” and that its resuscitation and promotion was the result of “Russian political technologies.” Analysis of the responses by socio-demographic categories indicated that for ethnic Russians, residents of the oblasts of Kharkiv and Odesa, for older and poorer residents, and especially for those who retain a nostalgic positive opinion about the Soviet Union, the motivations and aims of the Novorossiya project had significant support.     

The gender gap in capital punishment attitudes: An analysis of support and opposition

This study examines the gender gap in attitudes toward the death penalty, including attention to global versus specific measures. The study is based on a survey in Tennessee of attitudes toward crime and criminal justice. Specifically, the study examines male and female global attitudes, attitudes toward a life without parole option, reasons that supporters and opponents give for their views, and how specific factors might change the level of support for or opposition to capital punishment. Although majorities of both genders favor capital punishment, important differences exist. Implications are discussed. An earlier version of this study was presented at the 1999 Annual Meeting of the Southern Criminal Justice Association in Chattanooga, Tennessee. Dr. John Paul Wright was instrumental in conducting the Tennessee Crime Survey, the source of the data used in this study.     

Constitutional issues in reality-based police television programs: Media ride-alongs

Reality-based police television programs have been criticized extensively on the grounds that they overestimate the prevalence of violent crime, misrepresent the percentage of criminals who are minorities, and perpetuate myths about the effectiveness of law enforcement. However, few critiques have examined the constitutional issues behind reality-based police television programs. This paper examines constitutional issues arising from Section 1983 litigation against both the police and the media for media presence during the execution of warrants. It concludes that media presence has important implications for analyses regarding people’s right to privacy, color of law, qualified immunity, and Fourth Amendment reasonableness.     

Agenda-Building and Big Science

This paper extends concepts about agenda-building politics within the policy literature by considering the implications of `big science' agenda-building politics for policyrnaking. It argues that agenda-building in the `big science' policy arena is distinct from agenda-building in the general social problem-solving policy arena. The general policy development process and the `big science' policy development process are contrasted conceptually. Two different cases of agenda-building in big science are then highlighted to offer empirical evidence of the differences between the two processes. A distinction is drawn between the contemporary conceptualization of agenda-building in the general policy arena and the big science policy arena and comments are made about the value of the paper for policy learning. Accordingly, the paper has important implications for the science policy arena and perhaps the larger policy arena.