Structuring Judicial Discretion in China: Exploring the 2014 Sentencing Guidelines

In recent years, a range of western jurisdictions has introduced reforms designed to restrict and guide judicial discretion at sentencing. The reforms enacted include mandatory sentencing laws and guiding statutes prescribing sentencing purposes and principles as well as important aggravating and mitigating factors. However, formal guidelines are the most promising and well-studied innovation. We may now add China to the growing list of countries that have recognized the utility of guidelines. Over the past decade, China has slowly developed sentencing guidelines for its courts. The new guidelines contain both general directions with respect to the determination of sentence as well as specific numerical guidelines for common offences. The guidelines do not follow the approach taken by the US schemes, many of which employ a two-dimensional sentencing grid. Instead, China has adopted a strategy consisting of “Starting Point” sentences which are then adjusted by the court to reflect relevant mitigating and aggravating factors. This approach is much closer to the guidelines developed in England and Wales and those proposed but not yet implemented in New Zealand and Israel. In this article, we explore the new Chinese guidelines and provide a limited comparative analysis with guidelines in other jurisdictions. England and Wales is selected as the principal comparator since it has developed and implemented a comprehensive system consisting of both offence-specified guidelines as well as generic guidelines.     

Spectator Violence in Sports: A North American Perspective

Spectator violence has long been associated with professional football in Europe. This article examines the issue of spectator violence from a North American perspective. We begin by noting that there is little systematic research into the scope of spectator disorder in North America. Perhaps for this reason there is little consensus about the true scale of the problem on this side of the Atlantic. It does seem clear at least that there is less spectator violence associated with professional sports in North America. After reviewing a number of explanations for this finding, we conclude that it has less to do with criminal justice policies or practices, than the social context surrounding the 'spectatorship' of sports in North America. Perhaps the most important explanation for the variance in crowd behaviour concerns the demographic profiles of sports spectators in European football and North American sports.     

History of interpersonal violence, abuse, and nonvictimization trauma and severity of psychiatric symptoms among children in outpatient psychiatric treatment

In a clinical sample of child psychiatry outpatients, chart review data were collected for 114 consecutive admissions over a 1-year period at a Child and Adolescent Outpatient Psychiatry Clinic. Data included history of documented maltreatment, potentially traumatic domestic or community violence, neglect or emotional abuse, and noninterpersonal stressors as well as demographics, psychiatric diagnoses, and parent-rated child emotional and disruptive behavior problems. On a bivariate and multivariate basis, any past exposure to interpersonal violence-but not to noninterpersonal traumas-was related to more severe disruptive behavior problems, independent of the effects of demographics and psychiatric diagnoses. Noninterpersonal trauma and psychiatric diagnoses were associated with emotional problems; exposure to interpersonal violence appeared to partially account for this relationship despite not being independently associated with emotional problem severity. History of exposure to interpersonal violence warrants clinical and research attention as a severity marker and potential treatment focus in psychiatric outpatient services for children, particularly those with disruptive behavior problems.     

Changing perspectives in cognitive interviewing

A study is presented which investigated aspects of a specialist method for taking evidence from witnesses known as ‘Cognitive Interviewing’. Specifically, the study sought to evaluate four techniques used in this form of interviewing, namely the Report All, Reinstate Context, Change Order, and the Change Perspectives mnemonics. The findings suggest that while none of these mnemonics significantly increased inaccuracy, all but the Change Perspectives mnemonic facilitated recall of accurate information. The findings are discussed in terms of the applied functional utility of each of the mnemonics and the Cognitive Interview procedure in general.     

Enhancing Livelihoods and the Urban Environment: The Local Political Framework for Integrated Organic Waste Management in Diadema,Brazil

Drawing on a participatory study of integrated organic waste management, this article explores the local political barriers and preconditions for its implementation in Diadema, Brazil. Solid waste management in Brazil is embedded in and mediated by a political framework that is characterised by uneven power geometries. This article explores how the local political context affects the potential for integrated organic waste management in Diadema, paying particular attention to relations between stakeholders. The discussion addresses the contested nature of deliberative decision-making spaces and the need for pro-active socio-environmental policies. The findings underline the importance of a praxis of everyday public participation that goes beyond rhetoric.     

Book Reviews

Comparative Civil (Private) Law. G. Eoersi. Budapest. 1979. Akademiai Kiado 651 pp. 850 ft.

Recherches sur l'Histoire des Institutions et du Droit. Ed. late G. Herlea. Association d'Histoire Comparative des Institutions et du Droit de la République Socialiste de Roumanie. Bucharest, vol. II (1978) 195 pp, vol. III (1979) 207 pp.

Manual of Law French J. H. Baker. Amersham; Avebury Publishing Co. 1979,207 pp. £7.50.     

The AfPak Campaign and the Limits of Canadian Diplomacy

Initially, recognition of the vital role played by regional diplomacy did not accompany NATO’s substantial commitment to economic and political development in Afghanistan from 2001 to 2014. Pakistan in particular had a major influence on the conduct of reconstruction efforts and NATO’s efforts to lay the institutional foundations in Afghanistan. Canada, an early and committed participant in the International Security Assistance Force, would by 2005 come to recognise the vital importance of the role of Pakistan in the outcome of the mission. However, regional limits to the influence of the United States, the North Atlantic Treaty Organisation, and Canada made comprehensive efforts unattainable.     

Users' rights to make and test backup copies at DR sites

In this recent case, his Honour Justice McKerracher in the FederalCourt of Australia had to assess the conflicting views of asoftware vendor and its licensee in relation to the licensee'sdecision to make and test unauthorized backup copies of thesoftware at a remote disaster recovery site.