Prosecution and sentencing in relation to environmental crime: Recent socio-legal developments

This article provides an overview of recent developments in prosecution and sentencing as these pertain to environmental crime. After a brief consideration of who does what in the area of environmental regulation, the article surveys existing and emerging types of sanctions in this area. The limitations and opportunities for concerted and effective social responses to environmental crime are explored and critically assessed.     

民事执行检察监督的范围、方式及相关的程序设计

本文以改革完善民事执行检察监督的范围和程序为着力点,在对执行中存在的执行难和执行乱两大突出问题进行分析并确立以执行乱作为检察监督重点的前提下,提出民事执行检察监督应遵循依法监督、事后监督、不干预法院正常执行活动、讲求效率等原则,明确了对法院民事执行活动中的民事执行裁判、执行实施行为、违法或不当行为以及对执行法官等进行全面监督的监督范围和对象,进而针对不同监督对象设计了抗诉和纠正意见两种基本的民事执行监督方式,最后提出了民事执行检察监督的具体程序。     

Dissent,Litigation, and Investigation: Hitting the Powerful Where It Hurts

Environmentally harmful activity undertaken by powerful corporations receive approvals from multiple levels of government, therefore leaving the wellbeing of the environment to those individuals and organisations committed to fighting against such corporate-driven, government-backed projects. This article discusses three avenues for challenging corporate interests, drawing upon issues and events in Australia. Dissent, as illustrated by the Gunns20 case, can provide ordinary individuals with a means to democratically debate existing practices, proposals, and even the law itself. Litigation, as seen in the Carmichael mining case, can be a valuable tool in postponing environmentally disastrous activities by challenging the government’s legitimacy in approving projects that would result in environmental harm. Investigation can expose the manipulation of information presented to the public by both governments and corporations. These three areas of engagement constitute important components for effective environmental activism.     

Critiquing the regulation of private security in the United Kingdom: views from inside the sector

ABSTRACT

The UK Private Security Industry Act 2001 provided the legal mechanism for the statutory regulation of parts of the private security sector with the explicit aim of reducing criminality in the industry and raising standards. It created the Security Industry Authority as the regulator which commenced operation in 2003. Since then, it has received mixed reviews, and proposals have been forwarded to change its status and the way it works. This paper provides insights from two groups most affected by regulation: security specialists who buy security, and managers and directors of security companies who are subject to regulation and work with its strengths and weaknesses. The paper reports on their views of both the existing regime and some proposed changes. It suggests that the regulator and the industry share similar views albeit there has been a lack of emphasis on what it takes to enhance the ability of the industry to support the public generally rather than just those who pay.     

Trace Evidence Potential in Postmortem Skin Microbiomes: From Death Scene to Morgue

Microbes can be used effectively as trace evidence, at least in research settings. However, it is unknown whether skin microbiomes change prior to autopsy and, if so, whether these changes interfere with linking objects to decedents. The current study included microbiomes from 16 scenes of death in the City and County of Honolulu and tested whether objects at the scenes can be linked to individual decedents. Postmortem skin microbiomes were stable during repeated sampling up to 60 h postmortem and were similar to microbiomes of an antemortem population. Objects could be traced to decedents approximately 75% of the time, with smoking pipes and medical devices being especially accurate (100% match), house and car keys being poor (0%), and other objects like phones intermediate (~80%). These results show that microbes from objects at death scenes can be matched to individual decedents, opening up a new method of establishing associations and identifications.     

THE FLUORIDATION CONTROVERSY IN VICTORIA: PUBLIC POLICY AND GROUP POLITICS

Abstract: Fluoridation of public water supplies has been a political issue which generates a high level of public controversy. Opposition has been relatively effective, especially at the local level where the initiative for fluoridation usually originates. Authorities responsible for the decision have often been unwilling to adopt a firm policy in the belief that public opinion is seriously divided on the issue. The reasons for the success of the opposition, and for the indecision of the authorities, are examined in relation to the history of the fluoridation issue in Victoria, where the State government eventually decided in favour of compulsory fluoridation after considering the question for twenty years. The paper concludes by drawing some implications from this case for students of policy formation in areas of controversy.     

Feminisms, Islamophobia and Identities

There has been a tendency of late to conflate all Muslims as belonging to a single nation and aspiring to a single political aim. This effect has been achieved by some authors so as to accommodate Islamophobia, but by others to generate a sense of inclusive unity that encloses all Muslims. We contend that in the post 9/11 climate of Islamophobia women wearing the scarf, the mohajabehs, are making a political choice. They are publicly branding themselves as Muslims at a time when such a label carries the potential fear of making them vulnerable to open hostility. But the Islam that they embody is distinct and different from the stark, gendered divides envisaged by protagonists on both side of the Islamophobic divide. The unity demanded by some of the highly vocal and visible Islamic groups marginalises the contestations posed within these groups by women who may be described as feminists. The specificities demanded by those who envisage Islam primarily as an antagonistic political force in the UK are very different from the flexibility that many women envisage. They aspire to belong to the Umma or people of Islam, conceptualised as crossing ethnic, racial, geographical and political boundaries, an identity that is primarily inclusive rather than exclusive. The multiplicities of identities of many mohajabehs sit more easily within the permeable unbounded umma than the constrained gendered boundaries of the combative male political Islamism.     

Institutional Capacity and Choice in Australia's Integrity Systems

This article examines recent debate over core or ‘independent’ integrity institutions in the Victorian and Commonwealth governments to highlight some of the need, and potential, for more careful deliberation over options for building the capacity of integrity systems ‐ the second of the analytical themes used in Australia's national assessment. The first part compares resourcing of major integrity institutions by Australian governments over the past 15 years. Staffing and finances are seen as a useful basic measure of capacity, helping lift attention away from the assumption that creation of new bodies necessarily increases capacity. The data also show that some jurisdictions—including Victoria—may yet have some way to go if they wish to match other governments. The second part of the analysis identifies eight further issues for consideration in deliberations on institutional design. Our conclusion is that by working through such issues more systematically, it may be possible to identify new or different institutional options for configuring integrity resources. This could help avoid inappropriate choices—whether unnecessary new bodies, overloads on existing ones or the import of frameworks that do not necessarily ‘fit’ local conditions—of particular relevance to current proposals for a new Commonwealth anti‐corruption agency.