Structuring Judicial Discretion in China: Exploring the 2014 Sentencing Guidelines

In recent years, a range of western jurisdictions has introduced reforms designed to restrict and guide judicial discretion at sentencing. The reforms enacted include mandatory sentencing laws and guiding statutes prescribing sentencing purposes and principles as well as important aggravating and mitigating factors. However, formal guidelines are the most promising and well-studied innovation. We may now add China to the growing list of countries that have recognized the utility of guidelines. Over the past decade, China has slowly developed sentencing guidelines for its courts. The new guidelines contain both general directions with respect to the determination of sentence as well as specific numerical guidelines for common offences. The guidelines do not follow the approach taken by the US schemes, many of which employ a two-dimensional sentencing grid. Instead, China has adopted a strategy consisting of “Starting Point” sentences which are then adjusted by the court to reflect relevant mitigating and aggravating factors. This approach is much closer to the guidelines developed in England and Wales and those proposed but not yet implemented in New Zealand and Israel. In this article, we explore the new Chinese guidelines and provide a limited comparative analysis with guidelines in other jurisdictions. England and Wales is selected as the principal comparator since it has developed and implemented a comprehensive system consisting of both offence-specified guidelines as well as generic guidelines.     

Spectator Violence in Sports: A North American Perspective

Spectator violence has long been associated with professional football in Europe. This article examines the issue of spectator violence from a North American perspective. We begin by noting that there is little systematic research into the scope of spectator disorder in North America. Perhaps for this reason there is little consensus about the true scale of the problem on this side of the Atlantic. It does seem clear at least that there is less spectator violence associated with professional sports in North America. After reviewing a number of explanations for this finding, we conclude that it has less to do with criminal justice policies or practices, than the social context surrounding the 'spectatorship' of sports in North America. Perhaps the most important explanation for the variance in crowd behaviour concerns the demographic profiles of sports spectators in European football and North American sports.     

Lawyers, Legislation and Social Welfare

Efficiency considerations have played an increasing role in the development of legal doctrine over the last decades. Our paper investigates the consequences of the efficiency doctrine for the long run allocation of human resources between the legal profession and other professional activities. It is argued that a short run pursuit of the efficient scope of legislation may create an inefficient oversupply of lawyers under free entry into the legal profession. Self-regulation of entry into the legal profession by the bar association may provide higher aggregate welfare. Liberalization of professional entry can explain both the expansion of legislative activity and the unprecedented growth rate of the legal profession in many countries.     

The Triumph of Loyalty Over Competence: The Bush Administration and the Exhaustion of the Politicized Presidency

The most important administrative aspect of the George W. Bush presidency was not its formal management reform agenda, but its attempt to extend the politicized presidency. Efforts to assert tighter political control of the federal bureaucracy, revived during the Ronald Reagan administration, were pursued to an extreme under Bush. Loyalty triumphed over competence in selection, and political goals displaced rationality in decision making. However, the strategy of politicization undermined the Bush administration’s own policy goals as well as its broader agenda to restore the strength of the institutional presidency. This apparent failure of strategy signals the urgent necessity for a fundamental reconsideration of the politicized presidency.     

东亚-北美经济失衡与再平衡分析

本文从国别结构和产品结构分析了20世纪90年代以来东亚—北美经济失衡的变化,认为美国贸易逆差不断扩大是其对外产业转移的结果,东亚地区贸易顺差与日俱增是其承接产业转移的结果。其中,东亚内部再次产业转移导致中国顺差迅速膨胀。为了实现东亚—北美经济再平衡,美国需要采取一些措施扩大出口,控制过度的信贷消费,并对美元采取更加负责的政策;东亚地区需要努力实现由外需驱动型向内需驱动型增长方式的转变,加快产业调整与升级,并把产业链向其他地区延伸。     

Evaluation of canine training aids containment for homemade explosive and components by headspace analysis and canine testing

While canines are most commonly trained to detect traditional explosives, such as nitroaromatics and smokeless powders, homemade explosives (HMEs), such as fuel–oxidizer mixtures, are arguably a greater threat. As such, it is imperative that canines are sufficiently trained in the detection of such HMEs. The training aid delivery device (TADD) is a primary containment device that has been used to house HMEs and HME components for canine detection training purposes. This research assesses the odor release from HME components, ammonium nitrate (AN), urea nitrate (UN), and potassium chlorate (PC), housed in TADDs. Canine odor recognition tests (ORTs) were used with analytical data to determine the detectability of TADDs containing AN, UN, or PC. Headspace analysis by gas chromatography/mass spectrometry (GC/MS) with solid-phase microextraction (SPME) or online cryotrapping were used to measure ammonia or chlorine, as well as other unwanted odorants, emanating from bulk AN, UN, and PC in TADDs over 28 weeks. The analytical data showed variation in the amount of ammonia and chlorine over time, with ammonia from AN and UN decreasing slowly over time and the abundance of chlorine from PC TADDs dependent on the frequency of exposure to ambient air. Even with these variations in odor abundance, canines previously trained to detect bulk explosive HME components were able to detect all three targets in glass and plastic TADDs for at least 18 months after loading. Detection proficiency ranged from 64% to 100% and was not found to be dependent on either age of material.     

Discrimination of phenethylamine regioisomers and structural analogues by Raman spectroscopy

In this study, the Raman spectra of 21 phenethylamines were obtained using far‐red excitation (785 nm). The distinguishing ability of Raman for phenethylamines, especially for phenethylamine regioisomers and structural analogues, was investigated. Here, the evaluation of a cross section of Raman spectra demonstrated that all types of phenethylamines were distinguishable, even for certain structural analogues with high spectrum similarity. Raman exhibited high distinguishing ability for phenethylamine regioisomers that differ in the substitution position of halogen, methoxy, alkyl, or other substituted groups; as well as for structural analogues containing different groups, such as furanyl, 2,3‐dihydrofuranyl, halogen, and alkyl substituted at the same position. The Raman spectra for homologues with differences in only a methyl group were found to be highly similar; however, their spectra demonstrated small but detectable differences. Four analogue mixtures and 59 seized samples were also analyzed to study the practical use of the Raman method in forensic field. 95% of the seized samples were correctly identified, which significantly validated the ability of Raman method in identifying the correct isomers. Accordingly, this study provides a non‐destructive, high‐throughput and minimal sample preparation technique for the discrimination of phenethylamines.     

A Disruptive Influence? “Prevent‐ing” Problems and Countering Violent Extremism Policy in Practice

This article describes how disrupting the activities of suspected violent extremists has become an increasingly significant construct in the policy and practice of the Prevent strand of UK Counter‐Terrorism. Informed by empirical data collected during semi‐structured interviews with police officers involved in conducting disruptions and members of the communities where these occurred, blended with a limited amount of field observation, the analysis documents how and why a logic of disruption has assumed increasing prominence in counter terrorism work. In respect of police interventions in particular, implementing disruptions, rather than pursuing fully‐fledged prosecutions, represents a pragmatic way of reconciling increasing demand with limited resources, as well as managing some of the difficulties of translating intelligence into legal evidence. Conceptualized in this way, the analysis positions disruption as a distinctive mode of crime prevention; one premised upon logics of near‐event interdiction. As such, it is understood as rather different in its operations and functions to other forms of “early intervention” that are increasingly prominent in much contemporary crime prevention policy. By focusing upon how specific Prevent interventions are implemented and performed this analysis makes a particular contribution to our knowledge of counter terrorism work. This reflects the fact that most previous studies of Prevent and other countering violent extremism programs have provided analyses of community perceptions and reactions to policing and the policy frame, rather than the configuration of the interventions themselves.