Elections and democratization in Honduras since 1980

Although Central America returned to electoral rule during the 1980s, lack of participation, political violence and militarization meant that democracy remained decidedly limited. This articles outlines the particularities of the transition to constitutional government for the case of Honduras, and examines the role of successive electoral processes on prospects for democratic consolidation, focusing on the relationship between electoral processes and the nature of the party system. It is maintained here that whilst the longevity of the bipartisan system has been an important element of stability, the nature of the two dominant parties (Liberal and National) has hindered the consolidation of a more democratic politics. However, the article also argues that successive elections have been the catalyst for limited modernization of the party system and have increased citizenship confidence in the electoral process, and that this ‐together with a gradual reduction in the influence of the military ‐ has strengthened future prospects for deepening democracy. None the less, the article concludes that unless a new relationship is established between political parties and civil society to ensure a more representative and participatory form of politics, democracy will remain limited in Honduras.     

Defendants encountering victims in the courtroom: challenges and opportunities of allocution in capital trials for doing restorative justice

ABSTRACT

Allocution is when offenders plead for mercy and offer explanations in order to mitigate punishment. This paper explores the opportunities and challenges inherent in an attempt to do restorative justice through offender allocution in the sentencing phase of capital trials. The essential principles in theories of restorative justice are presented. Then the contexts of allocution in a courtroom and the statements an offender might make in a typical restorative encounter are clearly differentiated. Contributions from the relatively new field of interpersonal neurobiology illuminate the state of mind in which the audience for allocution in a courtroom may be at the time allocution is offered with implications for how allocution might be used, and prepared for. Finally, suggestions are offered for how the opportunity for allocution might be taken up restoratively during capital trials.     

The Cognitive Interview: novice police officers' witness/victim interviewing practices

Abstract

The objective of this study was to investigate novice police officers’ witness interview practices immediately post investigative interview training (known as PEACE) with reference to the eight Cognitive Interview (CI) components taught. Forty-eight UK police officers took part as interviewers. Forty-eight undergraduates participated as mock witness; they viewed a non-violent crime video and 2 days later were individually interviewed by a police officer. Interviews were recorded and rated for officers’ application of the CI procedure.

Despite having recently completed the only training available to them no officer applied or attempted to apply the CI procedure in its entirety. However, some of the individual CI components were applied more frequently than others. This study provides a unique insight into the interviewing practices of some of the least researched, least experienced, and least trained investigative interviewers who, nonetheless, conduct witness interviews on a daily basis. The emergent picture suggests that either the CI procedure currently taught to novice police officers is too complex at so early a stage in their police career and/or that the current training may be insufficient to equip them with the skills necessary to effectively apply the procedure.     

Book notes

Nicaragua: Self‐Determination and Survival. By Hazel Smith. London and Boulder, CO: Pluto Press, 1993. Pp.321 £40.50 and £14.95. ISBN 07453 0480 X and 0475 3.

Economic Adjustment under the Sandinistas: Policy Reform, Food Security and Livelihood in Nicaragua. By Peter Utting. Geneva: United Nations Research Institute for Social Development, 1991. Pp. v + 113. NP. ISBN 92 9085 004 3.     

The Return of "Captain Moonlight": Informal Justice in Northern Ireland

In the working-class areas of Northern Ireland alternative forms of justice operating in parallel to the State's criminal justice system exist. This informal criminal justice system, administered by paramilitaries, includes threats, warnings, beatings, shootings, and executions. Informal justice mechanisms emerged in the early days of "the Troubles" and have continued to develop. This article maps the development of informal justice in both republican and loyalist areas of Northern Ireland and examines the ways in which paramilitaries "police" their communities and mete out "punishments."     

Renegotiating ‘law and order’ : judicial reform and citizen responses in post-war Guatemala

This study examines reforms aimed at strengthening the rule of law in Guatemala implemented since the signing of the peace accords in December 1996. Despite nearly US$200 million in foreign aid to the justice sector, impunity remains the rule, the judicial process is subverted by military and criminal networks, citizen confidence in the judicial system remains low and recourse to non-judicial measures – the ‘privatisation of justice’- is on the increase. It is argued that the institutionally-focused approach to rule of law reform currently predominating in donor thinking ignores the historical context within which understandings of ‘law’, ‘justice’ and ‘rights’ are shaped. Institutions do matter, but only by understanding the role of law in long-run processes of state formation and the dynamic, inter-subjective nature of legal interactions can we begin to understand the specificities of socio-legal change.