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.     

A comparison of seclusion rates between intellectual disability and non-intellectual disability services: the effect of gender and diagnosis

Introduction: The use of seclusion as a means of managing the extreme behaviours forensic patients in secure settings is a controversial yet often common practice, despite there being little evidence that seclusion as a practice has any significant therapeutic value for the patient. The aim of this study was to explore the use of seclusion and whether this differs as a function of gender and diagnosis across secure services. Method: This study collated data from 11 medium and low secure hospitals that admit male and female patients, with some services providing services for patients with intellectual disability (with or without co-morbid disorders), and others for patients with mental illness and/or personality disorder only. Results: Both gender and diagnosis were associated with differential seclusion rates. Seclusions were three times longer for patients in the non-ID compared to the ID service. Male seclusions (for any diagnosis) were around twice as long as those in female services. Female ID patients spent significantly less time in seclusion compared to other groups. Female ID was associated with two to three times the number of seclusion events per patient compared to other groups. No statistically significant association between the type of service and the reason for a patient being secluded. Conclusions: A range of organisational factors that determine the use and duration of seclusion are cited and merit further exploration. High rates of psychiatric co-morbidity and the complexity of patients admitted to services may also mediate risk and use of seclusion. The study supports the use of early intervention techniques and the adoption of positive behaviour support.     

Transfers from prison to hospital under Sections 47 and 48 of the Mental Health Act between 2011 and 2014

In England and Wales, prisoners with mental disorder of such severity as to warrant inpatient treatment may be transferred to hospital under the Mental Health Act. UK Government guidance recommends that this process should be completed within 14 days; however, evidence suggests that in many cases it can take much longer. This retrospective service evaluation of 64 male prisoners, who were transferred under Section 47 or Section 48, aimed to evaluate transfer durations. The mean time from referral to admission was 76 days. Prisoners with a psychotic disorder were admitted more quickly. Remand prisoners were admitted more quickly than sentenced prisoners. Findings suggest that, in the UK the transfer time of prisoners under Sections 47 and 48 of the Mental Health Act continues to far exceed the 14-day target which raises concern about equivalence of care for prisoners. Our findings support arguments for fundamental amendments to the admissions process.     

Firm entries and exits in Estonian urban municipalities: urban hinterlands and rural peripheries, 2005–2012

This paper studies firm entries and exits in Estonian urban areas, urban hinterlands, and rural peripheries following EU accession, and it analyzes the effects of changes in population density, employee income level, unemployment, and economic climate on firm entries and exits. It concludes that the firm entry rate exceeded the exit rate in all of the years between 2005 and 2012. The urban hinterland is characterized by the highest level of both entries and exits. The fixed-effect regression models show that income and recession, which are the most significant factors to impact on local entrepreneurship, have a similar effect on different municipality types.     

Policy horizons in West European parliamentary systems

Abstract This paper investigates the hypothesis that coalition behaviour in West European parliamentary systems is conditioned by the existence of 'policy horizons' that delimit the extent to which parties can compromise on policy positions in order to participate in government. The first part of the paper demonstrates that policy horizons are implied by certain conceptions of party utility and that their existence would entail important constraints on the coalition game; in particular, they would produce equilibrium outcomes in some situations where voting cycles would normally be expected and they would tend to confine possible outcomes to central locations in the policy space in the absence of equilibria. The paper then develops a method of estimating policy horizons empirically in order to show that they account to a substantial extent for both the size and party composition of governing coalitions in these systems.     

A study on ten short tandem repeat systems: African immigrant and Spanish population data

This work presents the results obtained from a genetic–population study for the D1S1656 system in the population of Southwest Spain (Huelva, Cádiz and Sevilla), Spaniards of Caucasian origin from North Africa (Ceuta), as well as in the black Central West African and Moroccan immigrant populations in Spain. The results of a study of the autochtonous population of the Canary Islands (n=138), and immigrant Central West African populations in Spain (n=132), obtained for nine short tandem repeat (STR) loci (D3S1358, VWA, FGA, D8S1179, D21S11, D18S51, D5S818, D13S317, D7S820), as well as the amelogenin locus, all contained in Profiler Plus™ (Perkin-Elmer) PCR amplification kits, are also presented. Except for the FGA and VWA data on immigrant Central West African populations in Spain, no deviations from the Hardy–Weinberg equilibrium were detected.     

Is the Median Voter a Clear-Cut Winner?: Comparing theMedian Voter Theory and Competing Theories in Explaining LocalGovernment Spending

This paper attempts to test the power of the median model againstthe respective strength of other alternate models based onredistributive, political-institutional and interest group theoriesin explaining the demand for public spending in New York statecounties during 1990, 1980 and 1970. To execute the comparison ofthe performance of median voter model with that of each of thenonmedian voter ones, various nonnested tests such as J and JAtests, N-tilde, W and encompassing tests have been employed.Results of the study show that although the median voter model hasa marginal edge over the rival models based on the alternativetheories, it may not be relied upon solely when many otherinstitutional, redistributive and interest group factors are alsorelevant for explaining public spending. The results of this studydiffer from those in Congleton and Bennett (1995). We do not findthat interest group models are substantially weaker than the medianvoter model.