The Criminal Justice Approach: Case Examples

The article presents a special form of a European comparative synopsis. For this case examples have been chosen ranging from administrative or minor (criminal) offences to increasingly serious offences and offenders. In this way it can be comparatively demonstrated how the criminal justice systems studied handle specific cases and whether they do so in a similar or different way.     

A preliminary theory of dark network resilience

A crucial contemporary policy question for governments across the globe is how to cope with international crime and terrorist networks. Many such “dark” networks—that is, networks that operate covertly and illegally—display a remarkable level of resilience when faced with shocks and attacks. Based on an in‐depth study of three cases (MK, the armed wing of the African National Congress in South Africa during apartheid; FARC, the Marxist guerrilla movement in Colombia; and the Liberation Tigers of Tamil Eelam, LTTE, in Sri Lanka), we present a set of propositions to outline how shocks impact dark network characteristics (resources and legitimacy) and networked capabilities (replacing actors, linkages, balancing integration and differentiation) and how these in turn affect a dark network's resilience over time. We discuss the implications of our findings for policymakers. © 2011 by the Association for Public Policy Analysis and Management.     

Parteien, Vetospieler und der Wettbewerb um Wählerstimmen: Die Arbeitsmarkt-und Beschäftigungspolitik der Ära Kohl

The paper develops a model to explain the labour market and employment policies of the Christian-liberal coalition in Germany between 1982 and 1998. It takes partisan theory as its starting point, but expands it by taking into account the effects of party competition and veto players as well. For the first period of observation, the years 1982 to 1989/90, only moderate reforms can be observed. This can be explained by the fear of the coalition that more far-reaching reforms could exert negative effects on its electoral performance on the one hand, and by the strong influence of the labour union wing of the Christian democratic party on the respective policies on the other hand. During the first years after German unification the government could not implement far reaching partisan reforms either. This was due to the necessity of reacting to the external shock of the unification and the problems associated with it. Only during the last three years in office the coalition was able to push through more coherent reforms due to the huge problems on the labour marker which put the government’s re-election at risk. These reforms could be carried through because the CDU’s labour wing had lost its veto power and because the Bundesrat’s approval was not necessary.     

The Swedish jury system in press cases: An offspring of the English trial jury?

In the area of press freedom the English influence has for more than 200 years been strongly felt in Sweden. The introduction of a jury system in press cases in 1815 was clearly inspired by the English example. The Swedish variant had, admittedly, some strange features but it was nonetheless, in essence, a jury. Thus it should, historically and systematically, be looked upon as an offspring of the English trial jury.

Since 1815 the Swedish jury has grown more ‘English’ in some respects. Those greater similarities notwithstanding, there are still important differences between the two systems. At least two of the differences are the result of Swedish innovations.

In 1949 the Swedes in the new Freedom of the Press Act included a provision, stating that the court of first instance not only may but must review a verdict of conviction. If also the court convicts and, consequently, fixes the penalty, the defendant can always take the case at least to the appropriate court of appeal. Thus, there is a double‐check or even a triple‐check against an unwarranted conviction. From the defendant's point of view the Swedish jury system can be described as fool‐proof.³⁵

In 1949 the Swedes also introduced a new method of choosing the jury. The jurors are drawn by lot but not, as in England, with the electoral register as the starting point but from a panel chosen by politically elected councils. Furthermore, one third of the jurors must be present or former lay assessors. Through that method of selecting the jurors the Swedes have reasonably counteracted the traditional charges that juries are ignorant or confused or both. On the other hand, the Swedish system may be sensitive to political influence on the administration of justice since the composition, not exactly of this or that jury but of the whole panel, is the indirect result of political elections. However, once more, unwarranted convictions are almost certainly reversed by the courts.

With their method of choosing the jurors the Swedes also avoid a problem which has, in recent years, caused considerable disquiet in Great Britain ‐ jury vetting. The ancient practice of ‘Stand by for the Crown’ is still a reality in English courts. How often the prosecution uses its right to influence the composition of juries by vetting proposed jurors is not known. However, the practice has caused serious concern among lawyers. ‘The fear of “packed” juries is still with us’, to quote an expert in the field, John F. McEldowney.³⁶

The Swedish jury in press cases is certainly not the most important or the best known offspring of the English trial jury ‐ that is, of course, the American jury. However, the Swedish jury has survived for more than 165 years and is still going strong. It is quantitatively of modest significance ‐ there are in ‘normal’ years no more than a dozen cases in the country. However, the jury has an umbrella effect outside the printed media, i.e. what you are allowed to say in a newspaper or in a book you can almost certainly say at a public meeting or on a stage.

In recent decades the Swedish jury has shown a considerable capability of development. It has approached the English model on some points while, at the same time, making innovations on others. It is possible that Sweden during the 1980s may somewhat expand the jury system within the area of free speech, i.e. outside the printed media.     

The weight of history: child protection and parenting with a disability in 20th Century Iceland

ABSTRACT

This contribution focuses on four periods in Iceland, from the early twentieth century until the time of writing, in order to document and analyse the struggles of people with intellectual disabilities to marry, have a family and maintain custody of their children. Each period is linked to specific pieces of legislation that governed the bodies and lives of disabled people and reflected larger social norms concerning issues of family life and parenthood. An emphasis is placed upon the perspective of contemporary critical disability studies in analysing the historical development of this struggle, and the voices of those who experienced this struggle first-hand, drawn from a number of research projects conducted in Iceland. Our main contention is that the weight of history still comes to bear upon matters of parenting and family life, even in the most recent shift toward a human rights approach to disability. There remains a strong socio-cultural resistance toward parenting with an intellectual disability, rooted in the ideology of early twentieth-century eugenics. Our goal is to document the development of these phases throughout the twentieth century in Iceland in order to illustrate how older ideas and prejudices still inform contemporary child protection practices concerning parents with disabilities.