Co-option,coercion and compromise: challenges of restorative justice in Victoria,Australia

Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an ‘alternative’ practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice Group Conferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative ‘constraints’ and ‘co-options’ in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we conclude with a discussion of implications for the use of RJ within a highly institutionalized setting.     

Productivity and openness: firm level evidence in Brazilian manufacturing industries

This study investigates the productivity of Brazilian manufacturing industries, particularly addressing the influence of liberalization on productivity. We first calculate total factor productivity (TFP) by estimating the stochastic frontier production function and the inefficiency determination equation simultaneously. Then TFP growth rates are regressed on openness-related variables and other firm characteristics. The results show that firm openness to the world is a crucial determinant of their productivity. Data used for this study were obtained from the Investment Climate Survey, provided by the World Bank.     

Development of fluorescent markers using polycyclic aromatic hydrocarbons with vaseline

Identifiable fluorescent markers were developed as tracers to tail suspects using phenanthrene, anthracene, fluoranthene, pyrene, perylene, and coronene in vaseline. Vaseline was used as a carrier of the marker. Of the six compounds in the vaseline, perylene and fluoranthene were readily observed under ultraviolet (UV) light at a wavelength of 365 nm. All six compounds were identified selectively and sensitively without interference of vaseline using a high performance liquid chromatograph (HPLC) with a fluorescence detector. The detection limit was much less than 1 ng, corresponding to that of the observation behavior under UV light. The results showed that each component with vaseline was more effective than the individual component for the delay in degradation. The case examples of the fluorescent markers are shown.     

Religious Fractionalisation and Crimes in Disaster-Affected Communities: Survey Evidence from Bangladesh

This study employs unique household data collected in cyclone-affected communities in Bangladesh to investigate whether religious fractionalisation is associated with crime victimisation after disasters. The identification strategy relies on two characteristics of the study area: 1) its religious composition is stable; and 2) its households’ pre-disaster socio-economic status is uncorrelated with religious fractionalisation and disaster damage after controlling for the observed characteristics. The findings suggest that households in disaster-affected and religiously fractionalised communities are more likely to be victims after a natural disaster than are households in non-fractionalised communities. This study also finds empirical support for the idea that the result is driven by the misallocation of disaster relief in fractionalised communities.     

Four Challenges in the Future of Restorative Justice

Abstract

Restorative justice (RJ) emerged in the late 1970s as an alternative to conventional youth and criminal justice practices. Since this time, RJ has experienced rapid growth in theory and practice. At the same time, much of this growth has come from expansion in lower-end criminal justice responses to crime, and in the increasing use of the term “restorative” for a widening host of practices and interventions. RJ has also faced problems related to its increasing institutionalization, resulting in divergence from earlier aims and goals. In this article, we set forth what we see as the four biggest challenges facing the future of RJ, namely problems related to definition, institutionalization, displacement, and relevance of RJ practices. We follow with discussion of possible future directions of RJ.     

警察获取和管理信息的行政法律控制

信息对警察活动是不可缺少的.关于警察对信息的管理,实务中认可的一种做法是如果信息在获取时是合法的,对信息进行管理则是理所当然的.但这与理论产生了冲突,因为保存信息是宪法讨论的对象,至少需要法律的依据才能建立数据库.试图在两者之间架起桥梁并不容易,也很难期待短期内制定出合适的法律.所以,当前通过充实行政法律规则,加强实际控制是最现实的方案.     

Marine bacteria comprise a possible indicator of drowning in seawater

To investigate the effectiveness of marine bacteria as a new marker of drowning in seawater, we determined the optimal conditions of media required to selectively detect marine bacteria and applied the technique to drowned cadavers. We incubated model blood samples (n=20 per group) mixed with seawater, river, tap or muddy water on agar plates (Todd Hewitt, TH; Marine 2216, M2216) and determined the NaCl concentration required to selectively detect marine bacteria. We also used TCBS agar plates without manipulation to isolate Vibrio spp. Among the culture media, TH agar was superior. Bioluminescent colonies were detected only in blood mixed with seawater. Blue colonies stained using the cytochrome oxidase test (COT), were detected in blood mixed with both sea and river water. However when the NaCl concentration was above 4%, COT stained colonies were detectable only in blood mixed with seawater. We subsequently used 2, 3 and 4% NaCl in TH and TCBS agar to examine blood from victims who had drowned in seawater (n=8) and in fresh water (n=7), as well as from victims who died near aquatic environments (non drowned; dry-land control, n=7). Bioluminescent colonies were detectable on 2-4% NaCl TH agar only from two victims that drowned in seawater. Bioluminescent colonies did not grow on TCBS agar. Blue colonies from all cadavers that had drowned in seawater (8/8) and in four of those that had drowned in fresh water (4/7) proliferated on TH agar containing 2% and/or 3% NaCl, but at 4% NaCl such colonies were detected only from cadavers that had drowned in seawater (8/8). Colonies from only one cadaver from seawater grew on TCBS agar. Furthermore, neither bioluminescent nor blue colonies were detected on TH agar containing 4% NaCl in samples from two cadavers found in an estuary (brackish water) who were thought to have been carried from areas of fresh water. Homologous analyses of the 16S rRNA gene revealed that the dominant colonies on TH agar containing 4% NaCl were marine bacteria (Photobacterium, Vibrio, Shewanella, Psychrobacter). Thus, proliferating bioluminescent and/or blue colonies detected in the blood of immersed cadavers using 4% NaCl TH agar, could help to establish drowning in seawater.     

Japan＇s ＂unsettling＂ past： Article 11 of San Francisco Peace Treaty and its ramlncatlons

Article 11 of the Treaty of Peace with Japan （San Francisco Peace Treaty） has become a rallying point for some activists and historians in their endeavor to have Japan recognize its ＂war responsibility＂ and redress its ＂unsettled past＂. The provision stipulates Japan＇s acceptance of the ＂judgments of the International Military Tribunal for the Far East and of other Allied War Crimes Courts both within and outside Japan＂. The wording of this provision, which is ambiguous enough to leave a room for its re-interpretation later, was a result of a compromise among the World War lI Allies. Yet, neither archival investigation of the article＇s drafting process nor a survey of the opinions of U.S. legal experts in the public international did not prove the validity of the revisionist thesis. Nevertheless, the treaties Japan signed with its former colony （Korea） and belligerent （China） left the settlement of war-related issues obscure, creating a leeway for initiating later controversies. The end of the Cold War heralded the re-evaluation of World War I1 settlements. The subsequently created agitated environment surrounding the historical discussion of Japan＇s so-called ＂unsettled＂ past has been ＂unsettling＂ enough to prevent the Japanese leaders from establishing a uniform interpretation of Article l l, and has added impetus to the movements pressuring Japan to recognize its ＂war responsibility＂. Although interested parties have so far cited Article 11 mainly to demand ＂inaction＂ from Japan, such as to discourage Japanese political leaders from visiting the Yasukuni Shrine, there is a growing indication that some may well utilize it to demand Japan＇s ＂action＂--to pay indemnities to the victims of Japan＇s alleged atrocities through various forms of redress movements.