Thomas Paine's influence on the Girondin constitutional project of 1793

This article aims to investigate what may have been Thomas Paine's influence on the Girondin constitutional project presented by Marie-Jean-Antoine-Nicolas de Caritat Condorcet to the French National Convention, of which he was a member, on 14 and 15 February 1793. Indeed, the English radical was part of the nine-member committee, by the majority Girondin faction, in charge of drafting a new constitution for France. That project, which was accompanied by a Declaration of Rights, never came to fruition, but it has always been recognized as an important document for the interpretation of the evolutionary dynamics that characterized the French revolutionary period. Many of the provisions in the constitution recall Painite political thought, and studying this element can also be useful for understanding the links between the American and French Revolutions, given the fact that Paine actively participated in the experience of institutional upheaval initiated by the American colonists in 1775. The English thinker elaborated a political theory in his writings inspired by the most important democratic principles and based on respect and protection of fundamental human rights, all elements that, in their different mode of expression and declinations, can be found again in the Girondin constitutional charter of 1793.     

Forensic Interviews with Children in Scotland: A Survey of Interview Practices Among Police

The present study surveyed 91 police interviewers in Scottish police forces about their perceptions of how well they adhered to the Scottish Executive (2003) guidelines. Almost all respondents (97%) received the appropriate national training and overwhelmingly indicated (again 97%) that their training equipped them either quite, very, or extremely well for conducting their interviews. Not surprisingly, therefore, most interviewers (88%) believed that their interviews allowed them to obtain full and complete accounts of the events being investigated. However, aside from this positive self evaluation there are reasons to be concerned about some aspects of the interviews being conducted; 1) Most interviewers (78%) received no refresher training, 2) no interviewers received formal feedback about the quality of interviews that they conducted, 3) practice interviews were reportedly not included in most interviews, 4) the use of open-ended prompts were not widely used with 20% of interviewers indicating that they were rarely used, and 5) interviews are not currently being electronically recorded. These results are discussed with respect to the context of child interviewing in Scotland and recommendations for future training.     

False allegation of child abduction

Cases in which a child has been falsely reported as missing or abducted can be extremely challenging to the law enforcement agencies responsible for their investigation. In the absence of a witnessed abduction or an obvious crime scene, it is difficult to determine whether a child has actually been abducted or has become a victim of a homicide and a false allegation. The purpose of this study was to examine falsely alleged kidnapping cases and identify successful investigative strategies. Sixty-one adjudicated false allegation cases involving 66 victims were analyzed. The mean age of the victim was 5 years. Victims came from generally unstable, high-risk family situations and were killed primarily by biological parents. Victims were killed because they were unwanted or viewed as an obstacle to a desired goal, or they were victims of abuse or maltreatment that ended in fatality.     

Sexual assaults in Geneva between 2006 and 2010

In Geneva, all sexual assault victims are examined both by a gynaecologist and a forensic pathologist with special training in clinical forensic medicine. Between 2006 and 2010, 473 victims were examined following such an assault. Over the years, the number of sexual assaults rose steadily. Most victims were aged between 15 and 30 years. The majority of the assaults occurred at night and on the weekend and often happened at the place where the perpetrator or the victim lived. Usually, the offender acted alone and was known to the victim. Many victims hesitate to present for an examination, which makes it difficult to collect evidence. Penetration was usually vaginal and without the use of a condom. Injuries on the body or genitals were seen in only half of the cases for the first ones and in less than one third for the second ones. Quite often (at least in 42 % of the cases), the victim consumed alcohol before the assault and the use of drugs--especially cannabis--was not uncommon either.     

Factors Influencing the Filing of Complaints,Their Investigation,and Subsequent Legal Judgment in Cases of Sexual Assault

In Geneva, examination of victims of sexual assault is performed by a gynecologist and a medical examiner. 48% of the victims file a complaint and we wanted to investigate the factors leading to file a complaint, those leading the Prosecutor to go to trial, and those influencing a conviction. Between 2006 and 2012, 676 victims of sexual assault were investigated (averaged age 26 year, mean 22). Information on injuries, perpetrators, and circumstances of the assault was collected and analyzed. The attacker being the ex‐spouse or a friend and the presence of semen were factors leading to file a complaint. The assailant being a family member or ex‐spouse and the presence of genital/anal lesions were factors influencing the Prosecutor. The presence of nongenital lesions, the assailant being known by the victim, influenced conviction. This study shows that the medical examiner plays a vital role in the investigation of cases of sexual assault.     

The Law beneath Rights' Feet. Preliminary Investigation for a Study of the Charter of Fundamental Rights of the European Union

This article is meant as a philosophical preface to the study of the European Charter of Fundamental Rights. In particular, attention is focused on a particular legal positivistic reading of legislation as a political moment which would not allow for transcendental rights. This view is rejected by pointing out how much the notion of citizenship and consequently of fundamental rights is central for the democratic, and in some case even for the legal positivistic, celebration of legislation. In the last section a few conclusions are drawn as far as the scope of the Charter is concerned. In particular, any interpretation of it in the framework of the so–called regulatory paradigm (which gives up the democratic connection between deliberation and representation) is considered incoherent and self–defeating. In addition the principle of indivisibility of rights is evoked in defence of the validity of social rights within the Charter.     

行刑社会化的国际现状与我国发展的历史趋势

开展社区矫正试点工作,是我国对罪犯实行刑罚执行社会化改革的试点之一,也是我国现行刑罚执行制度的一个重要补充。国外刑罚执行社会化主要以教育刑思想为核心,保持较高的假释适用比率,挖掘开放式监狱的过渡功能,推行开放式处遇,保持罪犯矫正的社会参与,适用非监禁刑。我国监狱刑罚执行的重要目的之一在于改造罪犯,贯彻具有我国特色的行刑社会化,是探索完善刑罚执行制度,提高教育改造质量的需要。同时,也是中国刑事司法改革的重要内容。