Executive–Legislative Relations in Poland, 1991–2005: Institutional Relations in Transition

This paper relates factors previously identified as significant for parliamentary governance to general developments in post-communist CEE and proceeds to assess their relevance to the development of executive–legislative relations in Poland. The Sejm was institutionally strong, while governments were inexperienced, internally divided, and unstable. Governments could not assume the support of their parliamentary parties. Tensions with coalition partners were rife, and only in the period 1993–97 did the coalition survive intact. Periods of ‘cohabitation’ with a relatively strong president complicated governance even after the new Constitution of 1997. These factors suggest weak government, amply borne out by the experience of the two minority governments of the first term. Yet governments gained greater control of the legislative agenda and, regardless of their type or extent of parliamentary support, they usually succeeded in enacting their legislation and proved highly successful in defending individual ministers from votes of no confidence. We explain this apparent contradiction by contrasting institutional weakness with an underlying consensus on broad outlines of both foreign and domestic policy. Despite a discourse of hostile confrontation between government and opposition, much legislation was passed with the broad endorsement of the legislature. Governments were receptive to modifications of policy. When needed, they could often rely on cross-party support or that of independent-minded deputies. Parliament thus remained a key legislative actor; it was never merely the pawn of majority governments. Governments also benefited from opposition disunity. The opposition proved incapable of defeating ministers, even of minority governments.     

Editorial

Although a growing body of research has investigated gendered pathways to crime, this study is the first to investigate whether varying levels of family support may constitute a gendered pathway to recidivism. Logistic regression analyses were used to determine the effects of emotional and instrumental support on self-reported reoffending in the 3-, 3- to 9-, and 9- to 15-month postrelease periods. Interaction terms revealed that higher levels of emotional support significantly reduced recidivism for both genders but had a greater effect for females. Whereas higher levels of instrumental support reduced recidivism for females, higher levels increased the likelihood of recidivism for males in some time periods. Implications for correctional policy and practice are discussed.     

Analysis of Mitochondrial DNA from a Burned,Ninhydrin‐Treated Paper Towel

Contact‐based evidence is likely to have limited quantities of DNA and may yield mixed profiles due to preexisting or contaminating DNA. In a recent arson investigation, a paper towel was collected and used as circumstantial evidence. The paper towel was partially burned and was likely set on fire with flammable liquid. As part of the investigation, the paper towel was treated with ninhydrin to visualize fingerprint evidence. Initial DNA analysis of two swabs was negative for short tandem repeat (STR) markers and revealed a mixture of mitochondrial DNA (mtDNA). Analysis of 13 additional cuttings yielded four more mixed profiles, but also two samples with a common single‐source profile. The single‐source mtDNA profile matched that of the primary suspect in the case. Thus, even if initial mtDNA analysis yields a mixed profile, a sampling strategy involving multiple locations can improve the chance of obtaining valuable single‐source mtDNA profiles from compromised evidence in criminal casework.     

证据法的理论基础和意义

证据和证据法是两个截然不同的概念。证据一般是指在裁决过程中能以理性方式影响最终判决结果的那些输入信息。理性方式是这里引入的第三个概念。在美国,证据还有一个专业性法律意义,特指在审判中提出的证言和展示件,但这是一个存在争议的定义。在美国,事实认定者(陪     

证据与推论——兼论概率与似真性(英文)

今天的讲座和前四讲有一些不同。在前四讲中,我所分析的都是证据法的公认领域,试图说明我们何以能够通过运用各种分析工具来更深刻地理解它们。今天我不想讨论证据法的传统领域,而要讨论在美国和其他几个国家正在进行的一项重要研究工作,这涉及我们所称的司法证明的性质。该研究领域并不论及像传闻规则那样的证据法特定领域,而是关于证据法根基的探讨。     

China's Foreign Military Relations with Asia‐Pacific

The People's Liberation Army has always had a significant role in shaping and implementing the People's Republic of China's foreign policies. Over the past two decades, the PLA's role has increased considerably, and is likely to become even more important in the future as China develops its military capabilities and casts a broader shadow in the Asia‐Pacific region. The PLA's foreign relations program has several goals: to shape the international security environment in support of key Chinese national security objectives; to improve political and military relations with foreign countries; to enhance China's military and defense industry modernization; to provide military assistance to countries in the developing world; and, to acquire knowledge in modern military doctrine, operations, training, military medicine, administration, and a host of non-combat related areas. The PLA seeks to accomplish these goals through its military attache´ offices abroad and the use of an elaborate system of bilateral exchanges. Of these programs, the most visible relations involve high-level visits, functional exchanges, arms purchases, and ship visits.