Transplanting Jury Trials in South Korean Legal Soils: Comparative Analysis with Jury Trials in the United States

Jury trials, known as common-law institution centering on the UK and the USA, for the first time in Korean adjudicatory history, have been transplanted into Korean legal soils under cultural and political climate with legal roots of the “Civil Participation in Criminal Trial Act (CPCTA) of 2007” since 2008. This research examines legal and operational issues of jury trials through comparative analysis between the United States and South Korea. Several legal characteristics of 2013 revision bill of CPCTA, proposed by the Committee of Civil Participation in the Judiciary (CCPJ), are to be pointed out: so-called “civil participation” approach, de facto binding power of jury verdict and sentencing, and a stricter standard for a jury verdict or decision (3/4 majority). Statistical results from planting jury trials in both American and Korean legal system proved to be very similar. Meanwhile, a 2013 revision bill has to overcome several practical and legal obstacles, such as low usage of jury trials, the high rate of judicial dismissal of defendants’ petitions, and violation of Article 27 of the Korean Constitution. Under the current legislative scheme, judges in Korean courts need to operate jury trials in such a careful and respectful way that the revision may neglect neither a defendant’s right to jury trial nor jury’s verdict. Legal scholars, experts, and legislators with interests in implementing jury trials in Korea should research on ways to expand the system to other judicial procedures such as juvenile, civil, family, and administrative cases.     

Elite interests and political participation in Botswana, 1966–2014

ABSTRACT

Botswana’s tiny economy is overwhelmingly government-driven and political participation, particularly on the side of the ruling party, is critical for one’s economic survival and prosperity. This has led to enduring intrigue and conflict among the country’s political power elite. Opposition party activists traditionally have embraced leftist policies and claimed to be representing the country’s poor and downtrodden while castigating the ruling Botswana Democratic Party (in power since 1966) of being pro-rich and politically connected business. Ironically, some members of the opposition elite also engage in business ventures with their ruling party counterparts. The scramble for economic opportunities has fuelled debilitating factionalism within both the ruling and opposition parties over the years. In some instances tribalism was mobilised in intra- and inter-party elections for positions of influence even though voters are more interested in service delivery than traditional ethnic issues. Our paper considers the question: ‘Whose interests do Botswana’s politicians represent?’     

The rise and fall of “Novorossiya”: examining support for a separatist geopolitical imaginary in southeast Ukraine

In the spring of 2014, some anti-Maidan protestors in southeast Ukraine, in alliance with activists from Russia, agitated for the creation of a large separatist entity on Ukrainian territory. These efforts sought to revive a historic region called Novorossiya (“New Russia”) on the northern shores of the Black Sea that was created by Russian imperial colonizers. In public remarks, Vladimir Putin cited Novorossiya as a historic and contemporary home of a two-part interest group, ethnic Russian and Russian-speaking Ukrainians, supposedly under threat in Ukraine. Anti-Maidan agitation in Ukraine gave way to outright secession in April 2014, as armed rebel groups established the Donetsk People’s Republic and Luhans’k People’s Republic on parts of the eponymous Ukrainian oblasts. Rebel leaders aspired to create a renewed Novorossiya that incorporated all of eastern and southern Ukraine from Kharkiv to Odesa oblasts. To examine the level of support for this secessionist imaginary in the targeted oblasts, our large scientific poll in December 2014 revealed the Novorossiya project had minority support, between 20 and 25% of the population. About half of the sample believed that the concept of Novorossiya was a “historical myth” and that its resuscitation and promotion was the result of “Russian political technologies.” Analysis of the responses by socio-demographic categories indicated that for ethnic Russians, residents of the oblasts of Kharkiv and Odesa, for older and poorer residents, and especially for those who retain a nostalgic positive opinion about the Soviet Union, the motivations and aims of the Novorossiya project had significant support.     

The gender gap in capital punishment attitudes: An analysis of support and opposition

This study examines the gender gap in attitudes toward the death penalty, including attention to global versus specific measures. The study is based on a survey in Tennessee of attitudes toward crime and criminal justice. Specifically, the study examines male and female global attitudes, attitudes toward a life without parole option, reasons that supporters and opponents give for their views, and how specific factors might change the level of support for or opposition to capital punishment. Although majorities of both genders favor capital punishment, important differences exist. Implications are discussed. An earlier version of this study was presented at the 1999 Annual Meeting of the Southern Criminal Justice Association in Chattanooga, Tennessee. Dr. John Paul Wright was instrumental in conducting the Tennessee Crime Survey, the source of the data used in this study.     

Constitutional issues in reality-based police television programs: Media ride-alongs

Reality-based police television programs have been criticized extensively on the grounds that they overestimate the prevalence of violent crime, misrepresent the percentage of criminals who are minorities, and perpetuate myths about the effectiveness of law enforcement. However, few critiques have examined the constitutional issues behind reality-based police television programs. This paper examines constitutional issues arising from Section 1983 litigation against both the police and the media for media presence during the execution of warrants. It concludes that media presence has important implications for analyses regarding people’s right to privacy, color of law, qualified immunity, and Fourth Amendment reasonableness.     

Agenda-Building and Big Science

This paper extends concepts about agenda-building politics within the policy literature by considering the implications of `big science' agenda-building politics for policyrnaking. It argues that agenda-building in the `big science' policy arena is distinct from agenda-building in the general social problem-solving policy arena. The general policy development process and the `big science' policy development process are contrasted conceptually. Two different cases of agenda-building in big science are then highlighted to offer empirical evidence of the differences between the two processes. A distinction is drawn between the contemporary conceptualization of agenda-building in the general policy arena and the big science policy arena and comments are made about the value of the paper for policy learning. Accordingly, the paper has important implications for the science policy arena and perhaps the larger policy arena.     

Impact of compulsory competitive tendering on the structure and performance of local government systems in the State of Victoria*

Around the world, the public sector is introducing private sector management practices. Abandoning the binary model of public and private sectors the State Government of Victoria introduced the compulsory competitive tendering system under which local government bodies are required to tender out their services to private sector service providers. The aim was to encourage local government bodies to operate in contestable situations so that they can increase efficiency, decrease operating costs, develop clear programme goals and objectives, become responsive to client goals, and improve the quality of goods and services. The article describes how the practice of the compulsory competitive tendering system has introduced major changes to organizational cultures, attitudes of employees, power and authority structures, sytems of decision making, delegation of financial and managerial authority, and the nature of control and accountability. In addition, the article explains the degree of competitiveness and efficiency that local government bodies have achieved and describes how the corporatized structure has helped to achieve the financial objectives. The article also discusses how the role of the elected councils is diminishing under this new management structure and argues that in the absence of a genuine monitoring system and accountability mechanism the local government bodies find it difficult to assert their role as quality service deliverers. This has forced the councils to comply with the requirements of the competition laws which have reduced direct accountability of government to the public. Copyright © 2000 John Wiley & Sons, Ltd.