Three Strikes Legislation and Sentencing Commission Objectives

Between 1993 and 1997, state legislatures across the country passed legislation popularly known as "three strikes and you're out" laws. These laws appeared at a time when sentencing commissions existed in many states, and the commissions were involved in the legislative debates leading to the votes on three strikes laws. Thus, the passage of three strikes laws can shed light on one type of interaction between sentencing commissions and legislatures. This article posits a variety of objectives for sentencing commissions during three strikes debates, each a response to the recurring "pathologies" that appear when legislative, judicial, and executive branch officials create sentencing policy. A survey of states that have passed three strikes laws indicates that sentencing commissions have not made any systematic difference in the legislative debates on these statutes. Commissions have little reason to oppose these laws absolutely, and could lose political credibility by doing so. Commissions have incentives instead to argue for limiting the scope of these statutes. Where commissions have been involved in the debates about habitual felon legislation, they have emphasized limits on judicial discretion, focused on the quality of legislative deliberations rather than on legislative outcomes, and devoted little attention to prosecutorial charging decisions.     

Behandlungsbedürftigkeit, Krankenhilfe, Voraussetzungen

Weder § 8 Abs 2 Z 3 und Z 4 O? SHG 1998 noch die Materialien zu § 8 O? SHG 1998 stützen die Annahme, dass sich eine Person, bei der sich Behandlungsbedürftigkeit wegen Krankheit herausstellt, bereits zuvor um andere Arten der Sozialhilfe bemüht haben musste, um einen Anspruch auf Krankenhilfe zu erlangen.     

Riegel v. Medtronic, Inc.: Revisiting Pre-emption for Medical Devices

The recent United States Supreme Court decision in Riegel v. Medtronic, Inc. affirmed the doctrine of pre-emption protection only for those medical devices reaching U.S. markets via the PMA (premarketing approval) process and preserved the previous Lohr v. Medtronic decision's lack of preemption protection for those medical devices marketed via the generally more abbreviated 510(k) clearance mechanism. This paper reviews the logic and faults of the Riegel decision and discusses the implications of the Riegel decision for pre-emption protection for other classes of FDA-approved medical products.     

刑事证明责任分配的利益基础

利益是诉讼各方承担证明责任的最基本动机。不同的诉讼主体在诉讼中的利益取向不同,导致证明责任分配的差异。由于诉讼利益的多样性和冲突,在刑事诉讼中承担证明责任的主要是控诉机关。从诉讼利益层次性的角度来看,控辩双方基于裁判上的利益具有承担证明责任的必要,而法院因为不具有裁判上的利益,因此不能使其承担证明责任。在刑事证明责任的分配中,必须尊重利益的要求。利益的确认也是一个程序的过程。作为证明责任基础的利益必须通过主张和抗辩,由实体法规范和程序法规范确认为案件的争议,才能成为证明的对象,成为法院裁判的范围。     

Air and Space Power, Lead Turning, the Future

To optimize security investment for the future, the Department of Defense (DoD) should adopt an approach that rewards the services for developing innovative methods to attain national security objectives with the least risk in both blood and treasure. To accomplish this, the DoD may have to re-visit its former practice of providing each service with relatively equal slices of the military budget. Under such an approach, the services are motivated to make incremental changes to the concepts and weapons of the previous war and have little reason to take risks to increase productivity of man and machine alike. What is needed—particularly in these times of increasingly complex national security challenges, rising costs, and shrinking budgets—is a plan for going forward that is centered on a shared vision of the variety of threat conditions we are likely to face, an honest evaluation of their significance, and a mature appraisal of what will be required to deal with them. We should dedicate ourselves to crafting an overall defense strategy that will allow us to shape the environment and act flexibly across the entire range of operations, and that will also provide a framework upon which to base our jointly focused resource and investment decisions.¹     

Roosevelt, Truman and the Development of Postwar Grand Strategy

After its victory in World War II, it was clear that United States should move beyond the disastrous policies of the 1930s, but it was less clear how. Ultimately, a lasting postwar strategy was forged under President Truman. Appreciating how Truman moved well beyond Roosevelt's guiding assumptions is essential to understanding the evolution of American grand strategy. One sees that wartime planning and grand strategy formulation can prove quite inadequate for dealing with postwar challenges. An administration cannot be locked into assumptions, but must constantly test them. Thus, the Truman administration eventually developed and adopted containment and moved far beyond FDR's approach. More substantively, the fundamental geopolitical lesson of World War II and the early Cold War was that the United States must assume the essential balancing role relative to other major powers.     

Public satisfaction with the South Korean Police: The effect of residential location in a rapidly industrializing nation

Recent years have witnessed growing research interest in citizen perceptions of the police. This was likely the result of the community policing movement, which sought to strengthen ties between citizens and the police, as well as to concerns about the legitimacy of the police. Most of this research focused on police agencies in the United States, and little research had been conducted on citizen perceptions of the police in Asian countries. This study sought to fill this void through an analysis of citizen perceptions of the police in South Korea. To address these issues, telephone interview survey data gathered from 11,500 randomly selected citizens were obtained in the rapidly industrializing country, South Korea. Several sets of multiple-regression models were estimated to assess the effect of urbanization, demographics, evaluations of police services, and perceived corruption on citizen satisfaction with police. The results suggested that citizens in small to mid-sized cities and large urban cities were less satisfied with police than were residents of rural areas. In addition, age, evaluations of police service, and perceptions of corruption were related to citizen satisfaction. The results were discussed in comparison to previous research in Asia and the United States and other Western countries.