Understanding China's Court Mediation Surge: Insights from a Local Court

This article seeks to understand how reported mediation rates in Chinese courts are produced and what they actually signify. It analyzes data obtained through prolonged fieldwork at a court in central China. The article finds that the court has directly responded to central level mediation incentives by enhancing its overall mediation rate. It has done so strategically by seeking the highest increase using the fullest discretion in the mediation incentive structure and seeking to optimize the highest rate at the lowest cost and risk to the court. This has undermined the objectives of the central level incentives toward mediation, while also drawing the courts' scarce resources away toward unnecessary mediation practices, in part far removed from the courtroom. The article concludes by drawing out broader theoretical conclusions about how information asymmetries, discretion, and goal displacement play out in hierarchical control structures of authoritarian courts.     

An economic approach on countering the misuse of the right to challenge judges: an experiment

Parties can challenge a judge (request a recusal) when they have reasons to believe that a judge is not impartial. In practice this procedure is sometimes abused by lawyers who, for example, want to delay proceedings. Countries have taken different measures to deter the improper use of the procedure to request a recusal, like fines for dismissed requests, or immediately dismissing evidently unfounded requests. In a laboratory experiment we examine the effects of a summary review whether a challenge is evidently unfounded, with or without fines. We find that a review without fine improves legal protection in practice as well as efficiency by reducing unfounded challenges and increasing challenges that have a substantial chance of success. Overall the number of challenges declines. With a fine, challenges decline, but also legal protection.     

The Forensic Confirmation Bias: A Comparison Between Experts and Novices

A large body of research has described the influence of context information on forensic decision‐making. In this study, we examined the effect of context information on the search for and selection of traces by students (N = 36) and crime scene investigators (N = 58). Participants investigated an ambiguous mock crime scene and received prior information indicating suicide, a violent death or no information. Participants described their impression of the scene and wrote down which traces they wanted to secure. Results showed that context information impacted first impression of the scene and crime scene behavior, namely number of traces secured. Participants in the murder condition secured most traces. Furthermore, the students secured more crime‐related traces. Students were more confident in their first impression. This study does not indicate that experts outperform novices. We therefore argue for proper training on cognitive processes as an integral part of all forensic education.     

Learning on the job: Studying expertise in residential burglars using virtual environments*

In this article, we describe a quasi‐experiment in which experienced incarcerated burglars (n = 56), other offenders (n = 50), and nonoffenders (n = 55) undertook a mock burglary within a virtual neighborhood. We draw from the cognitive psychology literature on expertise and apply it to offending behavior, demonstrating synergy with rational choice perspectives, yet extending them in several respects. Our principal goal was to carry out the first robust test of expertise in offenders by having these groups undertake a burglary in a fully fledged reenactment of a crime in a virtual environment. Our findings indicate that the virtual environment successfully reinstated the context of the crime showing clear differences in the decision making of burglars compared with other groups in ways commensurate with expertise in other behavioral domains. Specifically, burglars scoped the neighborhood more thoroughly, spent more time in the high‐value areas of the crime scene while traveling less distance there, and targeted different goods from the comparison groups. The level of detail in the data generated sheds new light on the cognitive processes and actions of burglars and how they “learn on the job.” Implications for criminal decision‐making perspectives and psychological theories of expertise are discussed.     

Single-item predictive validity of the Short-Term Assessment of Risk and Treatability (START) for violent behaviour in outpatient forensic psychiatry

The single-item predictive validity of the Short-Term Assessment of Risk and Treatability (START) has not been thoroughly investigated, although this has great clinical relevance for the selection of treatment targets. Furthermore, it remains unclear whether the characteristic START additions of scoring strengths next to vulnerabilities and selecting key items, add incremental predictive validity. Finally, predictive validity has primarily been studied in inpatient settings and included mainly patients with a psychotic disorder. We analysed data from a mixed diagnostic sample of 195 forensic psychiatric outpatients with a 3-month and 170 patients with a 6-month follow-up period, using logistic regression analysis. The occurrence of violent or criminal behaviour was established based on the case manager’s recordings in the patient’s file. Only 5 of the 20 START items were found to have predictive validity: Impulse Control, Attitudes, Material Resources, Rule Adherence and Conduct. The last three were the only items for which incremental predictive validity was found with respect to scoring it as a strength and a vulnerability. Selection of key items did not add to the predictive validity. While possibly having therapeutic significance, the scoring of strength next to vulnerability and the selection of key items, may not be beneficial for risk assessment.     

Establishing Trust in the Illegal Wildlife Trade in China

This study focusses on the role of trust in the illegal distribution of protected wildlife in China. This research attempts to contribute to the literature by disentangling the establishment of trust within the illegal wildlife trade based on ethnographic fieldwork between 2011 and 2016. Both traders and consumers are resorting to mechanisms of trust to foster exchange and to increase credibility of their agreements. This study discusses the existence of such mechanisms of trust within wildlife trafficking networks that are rather characteristic of illegal wildlife trade in China.

     

同济大学德国问题研究所成立20周年贺词

同济大学德国问题研究所: 在2005年金秋时节,中国欧洲学会德国研究会向同济大学德意志联邦共和国问题研究所成立20周年表示衷心祝贺!     

What is Fair Punishment for Alex or Ahmed? Perspective Taking Increases Racial Bias in Retributive Justice Judgments

Previous research frequently found that perspective taking may reduce various sorts of racial biases. In the present research, we propose that perspective taking may increase racial bias in the specific context of retributive justice judgments, that is, evaluations of what punishment is considered fair for offenders. In two studies, we manipulated whether or not participants took the perspective of a target offender, who was named either Alex or Ahmed. Results revealed evidence for racial bias under conditions of perspective taking in both studies: Perspective taking increased punishment for Ahmed, but not for Alex, in a theft case (Study 1). Furthermore, perspective taking decreased punishment for Alex, but not for Ahmed, in the case of less severe offense that is less clearly intentional (Study 2). The consequence is similar in both studies: More severe retributive justice judgments for Ahmed than for Alex under conditions of perspective taking.     

Foreign policy options for a new South Africa

Progress towards the creation of a post‐apartheid South Africa raises questions about future foreign policy. In this article a framework for analysis and forecasting is developed. The basic assumption is that a future foreign policy will be driven by the kind of regime which will emerge in a New South Africa. Such a regime will have to develop foreign policy orientations to deal with its regional and global environments and the manifestation of a variety of foreign policy issues in these environments.

A semi‐democracy is foreseen for a New South Africa which will adopt a regional leadership oreitnation towards its neighbours and a consumer orientation towards the global community. The framework makes provision for regime improvements which will lead to fuller international participation or regime decline which will result in international marginalisation.     

Human rights and development: the case of local government transformation in South Africa

Local governments throughout the world are assuming a more important role in economic development of their communities as an increasing number of governments begin to decentralise powers and functions. As these lower levels of government seek sustainable local economic development (LED) strategies the human rights approach towards development becomes pertinent as globalisation accelerates. This article proposes an emphasis on socio‐economic rights as the basis for sustainable LED in developing countries. The article is based on the experience of South African local government in the period after 1994, leading up to the first democratic local government elections on 5 December 2000. Proceeding from the view that the promotion of human rights is necessary for the promotion of economic development, the article critically assesses the role of local government in the promotion of LED through a rights‐based approach. It is argued that the identification in the South African Constitution of local government with basic service provision (recently emphasised by a Constitutional court judgement) will place socio‐economic rights at the centre of LED strategies in South Africa. It is argued that this is indeed the most appropriate cornerstone of LED in South Africa. However, the transformation process that leads the country towards its progressive Constitution needs to be maintained and this article identifies five broad areas for transformation that may still be needed to entrench an adequate human rights culture within the sphere of local governance. Copyright © 2007 John Wiley & Sons, Ltd.