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。     

DEVELOPING AND UNDERSTANDING CULTURAL CHANGE IN HM CUSTOMS AND EXCISE: THERE IS MORE TO DANCING THAN KNOWING THE NEXT STEPS

Increasingly, what was formerly known as public administration is turning itself into management, while management itself is fast becoming synonymous with the management of change. These two directions meet in government calls to change the culture of the civil service, and are to be found most clearly in the Financial Management Initiative (1982), and its successor, the Next Steps (1988). While each stresses a different aspect, the core policy idea which runs through them is one of improving performance by delegating power and responsibility down the hierarchy closer to the point of delivery. In this way the bureaucratic giants which comprise the various central government departments are transformed into more adroit organizations, to the extent that it becomes appropriate to talk of giants learning to dance (Kanter 1989). This article, through a discussion of 'experiments in change' conducted in one of the largest central government giants, HM Customs and Excise, argues that teaching giants to learn to dance is easier said than done. The main focus of the article is on what giants may need to learn in order that they can become more attuned to change and it concludes with the proposition that change in central government cannot be understood or be properly managed without an appreciation of the changing context of change itself.     

WOMEN, RACE, AND CRIME

This article examines the interrelationships among women, race, and crime as presented by Adler. The empirical assertions concerning the pattern of crime for black and white males and females are examined using victim survey data. It was concluded that the explanations for racial differences in female crime and delinquency advanced by Adler have little value since the empirical differences they purport to explain are not supported by the data.     

Universal Applicability of Probation Risk-Assessment Instruments

A probation risk-assessment instrument developed by the State of Wisconsin is receiving wide use throughout the nation and has been recognized by the National Institute of Corrections as part of a "model system." However, this has been done without extensive validation on populations other than Wisconsin probationers and parolees. The validity of the instrument for a population of City of New York probationers is assessed in this study. It was found that many of the variables contained in the instrument did not predict risk for the sample. On this basis. the validation of risk instruments before they are fully adopted is recommended. In addition, based on an analysis of split halves of our sample, the general weakness of statistically derived models is noted.     

Regional Differences in the Collateral Consequences of a Felony Conviction

The present study sought to determine if there are statistically significant regional differences in the number of restricted rights for a felony conviction. Significant differences were found, with the East South Central region restricting two to three times more rights than other regions. Nonsignificant rank-order correlations were found between the number of restricted rights and regional crime/prisoner rates per 100,000 population. A significant rank-order correlation was found, however, for the mean number of restricted rights and the percent voting for the 1988 Republican presidential candidate.     

‘New dissidents are but old Provisionals writ large’? The Dynamics of Dissident Republicanism in the New Northern Ireland

This article discusses recent developments in dissident Irish republicanism and some of the arguments advanced to explain its emergence as a factor in Northern Irish politics. In particular it considers those explanations which define these new armed groups as either the latest manifestation of a historically determined Irish republican tradition or simply as ‘residual terrorist groups’ left behind by Provisional republicanism's movement into the constitutional mainstream in the 1990s. It rejects these arguments as ahistorical and schematic, and instead suggests that the dynamics and trajectory of dissident republicanism are shaped instead by the inherent tensions and structures of ‘the new Northern Ireland’. It goes on to compare the contemporary political, social and economic forces that produce the dissidents with the conditions that created the Provisionals as in the early 1970s and concludes that whilst these new groups will continue to pose a threat to the ‘normalization’ of the new dispensation they will not be successful as their republican forebears in mobilizing a significant and sustained challenge to the Northern Irish state.