全球化和刑事司法

刑事司法的全球化正在逐步成为现实。而且全球化的进程旨在在世界范围内采取联合行动预防和惩治某些特定的犯罪。然而,刑事司法全球化的构建需要建立在统一的刑事司法文化基础上,与修正的报应模式和法律与秩序模式不同的是,刑事司法全球化必须有整合一致的人权文化。提高个体、政治、社会和经济人权的整体文化,是保障建立刑事司法全球化的最佳途径,它服务于国际公共价值和秩序,同时还致力于社会公正,确保相关人员,特别是被害人和被告人的权利保障。     

Prosecuting Cambodian Genocide: Problems Caused by the Passage of Time since the Alleged Commission of Crimes

This article identifies obstacles that the Cambodian ExtraordinaryChambers will face in their prosecutions, both in investigationand at trial. Looking to the practice and jurisprudence of theInternational Criminal Tribunals for the former Yugoslavia andRwanda for assistance, it discusses the balance between theright of an accused to be tried without delay and the rightsof victims and the international community to see justice done30 years after the events in question.     

Political participation of youth. Young Germans in the European context

Impatience with politics, weariness with political commitment, and individualisation are labels frequently used to characterise the political involvement of young people. Empirical analyses show a rather more complex picture. A basic willingness to become politically involved and to express one’s political opinion is apparent: Indeed, many young people use numerous and varied opportunities to express themselves politically; however, this usually covers only occasional activities. Not surprisingly, participation in some traditional associations has become lower. On the other hand, affinity and commitment to new social movements remain fairly consistent. Participation patterns differ according to gender, education level, and the youth’s place of origin (federal states of the former Federal Republic, or former GDR). These are some of the key results of the follow-up youth surveys carried out by the German Youth Institute. If the comparison between eastern and western Germans is seen in a European perspective, the complex interconnections between the institutionalised political cultures of nations and the participation patterns of young people become apparent. In what kind of institutions and to what extent do young people between 16 and 29 years show political engagement in Germany? What kind of differences can be seen between the new and the old Federal states? Is it possible to identify typical trends of development? Do gender, educational level, value orientations or social background conditions such as unemployment play a role in this regard? In the following, we will endeavour to answer these questions on the basis of empirical research. For this reason, in the following tables and analyses we will particularly focus on the differences between East and West Germany and the temporal development of discrepancies. The question of how specific and changing social institutions influence human attitudes and behaviour can be analysed using the quasi-experiment of 40 years of German division as an example. However, additional aspects reveal themselves and new questions arise by comparing young people across the different European Member States. Hence, we will discuss this additional comparative perspective.     

Well-informed? Well Represented? Well Nigh Powerless? Victims and Prosecutorial Decision-making

This article provides a brief overview of the ways in which prosecutors must engage with victims in the course of their work in criminal proceedings and what formal roles victims can assume in criminal proceedings. Besides exploring what rights victims have per se in criminal proceedings, analysis is provided as to what it means to be an additional prosecutor or a private prosecutor in several European criminal justice systems. A brief analysis of the effects these rights and the use of prosecutorial discretion has on victims is provided.     

Are Patriots Bigots? An Inquiry into the Vices of In‐Group Pride

One view in the study of intergroup conflict is that pride implies prejudice. However, an increasing number of scholars have come to view in-group pride more benignly, suggesting that such pride can be accompanied by a full range of feelings toward the out-group. In this article, we focus on a substantively interesting case of in-group/out-group attitudes—national pride and hostility toward immigrants. We explore the relationship in two fundamental ways: first by examining the prejudice associated with various dimensions of pride, and second by embedding these relationships in a comprehensive model of prejudice. We find that national pride is most validly measured with two dimensions—patriotism and nationalism—two dimensions that have very different relationships with prejudice. While nationalists have a strong predilection for hostility toward immigrants, patriots show no more prejudice than does the average citizen.     

Franco‐American relations: a historical–structural analysis

This article sketches a historical‐structural picture of Franco‐American relations from a French point of view. The historical approach is chosen because it allows understanding of how mutual visions and images develop. Franco‐American mutual images are traced from the time of French involvement in the birth of the US, through the period when France and the US were the first two grand republics with universalist claims. The difficult relationship between these two states with remarkably similar universalist self‐images is seen against a background of a rising US and declining France, with the fall of France in 1940 seen as a turning point. The Gaullist project of removing this humiliation marks the Franco‐American relationship, as compared with that of Britain (declined but undefeated), and a Germany reborn within the Euro‐Atlantic institutions after the cataclysm of 1945.