住宅搜查的程序正义：美国最高法院伦道夫案述评

以伦道夫案为契机,美国最高法院宣示了其在犯罪嫌疑人权利保护方面的最新立场,自由主义大法官完成了"第三人同意无证搜查住宅"法律体系的建构,认为如果犯罪嫌疑人当场拒绝警方进入其私人住宅,即使合法的第三人同意无证搜查,警方的侦查行为对于犯罪嫌疑人来说仍然是无效的、不合理的。但保守主义大法官提出了强有力的反对意见,认为犯罪嫌疑人与他人分享住宅的事实意味着该特定空间内的所有权益均可由任意一方处分,第三人同意警方搜查有罪证据是犯罪嫌疑人必须承担的风险。其刑事诉讼法律思想的合理内核可兹中国修改刑事诉讼法借鉴。我国刑事诉讼法应当规定,只要对住宅享有共同权利的第三人同意警方搜查犯罪嫌疑人的住宅,警方所获得的证据就能够对犯罪嫌疑人产生证据效力。     

From Thaw to Deluge: Party System Collapse in Venezuela and Peru

What conditions facilitate party system collapse, the farthest‐reaching variant of party system change? How does collapse occur? Numerous studies of lesser types of party system change exist, but studies of party system collapse are rare. This study draws on the existing literature and the cases of party system collapse in Venezuela (1988–2000) and Peru (1985–95) to advance some answers to the important questions about the phenomenon. The study posits three conditions that predispose political party systems to collapse: the presence of an acute or sustained crisis that questions the ability of system‐sustaining political parties to govern; extremely low or extremely high levels of party system institutionalization; and the emergence of an anti‐establishment figure with the desire and personal authority to generate a viable alternative to the established party system. The study also posits a three‐election sequential process during which collapse takes place.     

Rethinking human rights

He is author of The Political Economy of the International Monetary Fund (published by Transaction).He is presently a visiting lecturer on ethics and statecraft at the University of Virginia, Charlottesville.     

Politics Without Borders: Internationalist Political Thought

This article examines the place of internationalism in the theory and practice of social revolutionaries from the middle of the 19th century to the end of the 20th in order to shed light on the nature and meaning of national boundaries and their transcendence. Theories of ideology are brought to bear on the legacy of internationalist political thought, revealing the preconditions of its existence and viability. Finally, questions are posed as to the relevance of internationalist thought for contemporary politics in the context of so-called globalization. The author concludes that economic and technological trends will not result in the automatic revitalization of transnational forms of political identity outside of the context of transnational political organizations.     

Post-project evaluation of the sustainability of development project outcomes: a case study in eastern Indonesia

The extent to which project outcomes are sustained years after development projects have ended is not routinely investigated. This study assessed the long-term impacts of a fire management project in eastern Indonesia seven years after the funding ended. Post-project evaluation increased understanding of the factors determining sustainability of project outcomes and links to development impacts. The continuation of community fire management and agroforestry groups was linked to demonstration of benefits to farmers and multi-level engagement. Activities had ceased where ownership was disputed. Some long-term impacts were outside the original aims of the fire project, including district government agencies applying fire mapping skills to other development issues.     

Persuasion,power and the conversational model

Several lines of study in the humanities and social sciences have drawn on the systematic analysis of the craft of persuasion given by texts in the rhetorical tradition. This review considers the usefulness of this tradition to a critical approach to relations between discourse and power. The books under review use rhetoric in literary study, in social psychology, and in studies of argument in a variety of social sciences, with varying degrees of success. I argue that rhetoric cannot provide a general methodology or basis for a political critique, but is can be useful if studies take into account the institutions in which discourse takes place, the conflicts constituting these institutions, and the excluded participants. Judging from the books under review, applications of the rhetorical tradition work best when they remain close to the practical problems of persuasion in a specific situation.     

Demographic dynamism and metropolitan change: Comparing Los Angeles,New York,Chicago, and Washington,DC

Abstract

The fluid dimensions of demographic status—age, career progression over time, geographic redistribution, and growing duration of residence—have not been sufficiently recognized in urban theory and policy. Demographic dynamism deserves special attention because it is through the presumed consequences for people that we judge the desirability of economic, political, and physical changes in a city. To explore the magnitude and significance of these issues, population dynamics and associated poverty and homeownership trends in four major metropolitan regions are compared.

Los Angeles may be changing more rapidly, but its dynamics only accentuate trends under way elsewhere. Rising proportions of the population that are neither in the white “majority” nor black “minority,” the low proportion of longtime residents, and the new challenge of immigration call into question fundamental assumptions about links between people and urban policy. The meaning of both poverty trends and homeownership attainments must be reassessed.     

Estimation of housing needs amid population growth and change

Abstract

This article proposes a theoretical framework and more accurate methods for projecting the household growth component of estimates of housing needs. These estimates combine empirical evidence with normative assumptions about the quantity of housing expected with population growth. Recent California experience illustrates the theoretical and practical issues involved. Alternative empirical methods are used to model changes in per capita household formation and homeownership rates over time.

The results show great instability between 1960 and 2000 in the linkage between population and housing needs, casting doubt on which linkage to use for future projections. Past changes in housing growth are attributed to changing population composition and occupancy patterns for subgroups. Estimates based on a cohort method are lower than those using constant rates of housing consumption and conform much more closely to recent experience, but it may not be desirable to lock in the deficiencies of the past when projecting needs.     

Hearsay Versus Children's Testimony: Effects of Truthful and Deceptive Statements on Jurors’ Decisions

Researchers and courts are focusing increasing attention on the reliability of children's out-of-court statements, especially in relation to trials of child sexual abuse. The main goal of this study was to investigate the effects of presentation of children's out-of-court statements (e.g., hearsay) on jurors' perceptions of witness credibility and defendant guilt, and on jurors' abilities to reach the truth. Child participants experienced either a mock crime or were coached to say they experienced the crime when in fact they had not. During elaborate mock trials involving community member jurors, children's testimony was presented either: (1) live, (2) on videotape, or (3) via a social worker. Analyses revealed that testimony format directly influenced jurors' perceptions of child and social worker credibility (e.g., children were perceived as less likely to provide false statements if they testified live) as well as jurors' sympathy toward the child, all of which then predicted jurors' confidence in defendant guilt. Jurors had difficulty discerning accurate from deceptive child statements regardless of testimony format. Implications for psychology and the legal system are discussed.