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681.
András L. Pap 《Human Rights Review》2008,9(1):109-122
The article analyzes ethnic data collection pertaining to criminal justice in Hungary. With such a sensitive and delicate
issue at hand, Hungary has decided on an evasive approach, resisting ethnic data collection by law enforcement authorities.
The author argues that this approach has become one of the obstacles in fighting discrimination and ethnic profiling. Moreover,
Hungary’s restrictive approach to ethno-national data classification also causes severe constitutional problems in other,
noncriminal legal circumstances, where ethnic data is used in the context of additional rights and affirmative protection
provided for ethno-national minorities. The first part of the article describes general problems relating to ethnic data collection
and analyses of the Hungarian minority protection framework, in particular, the minority self-government structure (a unique
constitutional institution). The second part focuses on the criminal justice system; the author’s aim is to show that prohibiting
the official recognition and collection of data on ethnicity by criminal justice authorities has potentially ethnically discriminatory
consequences.
This paper was written under the aegis of the Bolyai Research Scholarship of the Hungarian Academy of Sciences.
相似文献
András L. PapEmail: Email: |
682.
The paper provides a test of Zaller’s reception and acceptance model. The theory describes conditions under which a political
message is received, and, if received, accepted or rejected. The study deals with the 1988 Canadian election that was fiercely
fought over one central issue, the Free Trade Accord with the United States. We use the 1988 Canadian Election Study campaign
rolling cross-section survey, and we test Zaller’s propositions about who is most likely to receive and then accept party
messages. Our findings provide little support for the model. We suggest that when an issue is hotly debated in an election
campaign voters who receive party messages are able to connect these messages to their values and predispositions whatever
their level of political awareness.
相似文献
André BlaisEmail: |
683.
Abstract. According to the rational choice model, the calculus of voting takes the form of the equation R = BP − C, where the net rewards for voting (R) are a function of the instrumental benefits from the preferred outcome compared to others (B) and the probability (P) of casting the decisive vote that secures these benefits, minus the costs of becoming informed and going to the polls (C). Here, we provide a systematic test of this model. The analysis relies on two surveys, conducted during the 1995 Quebec referendum and the 1996 British Columbia provincial election, in which very specific questions measured each element of the model. As well, this study incorporates two other factors that can affect the propensity to vote — Respondents' level of political interest and their sense of duty. We find that B, P, and C each matter, but only among those with a relatively weak sense of duty. The feeling that one has a moral obligation to vote is the most powerful motivation to go to the polls. We conclude that the rational choice model is useful, but only in explaining behaviour at the margins of this important norm. 相似文献
684.
On the basis of the data contained in the European Sourcebook, this article tries to answer the question: 'What influences the prisoner rate most? The number of entries into prison, the length of sentences, or the crime rate?' The authors show that the crime rate is absolutely not correlated with the prisoner rate. The latter depends principally on the length of the imposed custodial sanctions and secondly on the number of those imposed prison sentences. Nevertheless, there are some indications suggesting that these results could be different from one type of offence to another. Unfortunately, this hypothesis could not be tested on the basis of the European Sourcebook data. 相似文献
685.
Shaken baby syndrome (SBS), one of the most deadly and devastating forms of child abuse, is caused by violent shaking. The combination of subdural hematoma, retinal hemorrhage, brain swelling, and diffuse axonal injury is highly typical of this syndrome and faced with these autopsy findings, induced traumatic lesions are strongly considered. However, it is known that motor-vehicle accidents and falls from great height can also produce this pattern of injury. Nevertheless, stories of arms fall, couch fall, or bumped head while the baby is being carried are generally considered incompatible with SBS. We here report a case of a 2-year-old boy presenting with all the classic autopsy findings of SBS from a playground rocking toy shaken by an older child. 相似文献
686.
The exposition to heavy metal-rich airborne due to fire practicing has forced to the development of heavy metal-free environmental ammunition primers all over the world. Here we characterize the GSR elements present in the Brazilian lead-free ammunition produced by Companhia Brasileira de Cartuchos (CBC) and commercialized by MagTech in the U.S. and Europe under the name CleanRange centerfire cartridges. Both first and second generations of CleanRange in calibers 9 mm Luger, .40 S&W, .380 AUTO and .38 SPL were analyzed and compared to regular Brazilian CBC ammunition by scanning electron microscopy/energy dispersive spectroscopy. Differences in composition and morphology of GSR particles from the two generations of CleanRange were observed. The first generation ammunition (found in Europe) presented spherical particles, being strontium the only unique element detected. The second generation (found in the U.S.) produced irregular particles composed mostly by potassium, aluminum, silicon and calcium. We can conclude that identification of GSR derived from CBC second generation lead-free ammunition in suspects' hands may be impossible without the addition of a distinct metallic taggant in the primer composition by the manufacturer. 相似文献
687.
Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment 总被引:2,自引:2,他引:0
René Foqué 《Criminal Law and Philosophy》2008,2(3):207-227
This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics
has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections
on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy
as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model
will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political
power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues
in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order
lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards
of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity,
mutual respect and responsibility fits best with a democracy under the rule of law.
相似文献
René FoquéEmail: |
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