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131.
Larry May 《Criminal Law and Philosophy》2010,4(3):249-265
For hundreds of years procedural rights such as habeas corpus have been regarded as fundamental in the Anglo-American system
of jurisprudence. In contemporary international law, fundamental norms are called jus cogens. Jus cogens norms are rights or rules that can not be derogated even by treaty. In the list that is often given, jus cogens norms include norms against aggression, apartheid, slavery, and genocide. All of the members of this list are substantive
rights. In this paper I will argue that some procedural rights, crucial for the fair functioning of criminal proceedings,
such as habeas corpus, should also have the status of jus cogens norms. I will begin by explaining what it means for a right to have jus cogens status. And I will follow this with a defense of having procedural rights like habeas corpus added to the list of jus cogens norms. I will then rehearse some of the debates about the jus cogens status of procedural rights in the European Commission on Human Rights. At the end of this paper, I will look at the attempts
to deal with the abuses at Guantanamo by the American Commission on Human Rights, and by the US and Australian courts, as
a way to understand why there needs to be a stronger support for habeas corpus than is today provided by regional courts. 相似文献
132.
133.
Antoinette R. Lozano G. Larry Mays L. Thomas Winfree 《Juvenile & family court journal》1990,41(2):25-39
This project was designed to explore the population of a unique juvenile training school in New Mexico. The development of juvenile training schools and the problems which arose from their development are presented. Emphasis is placed on the importance and difficulties of evaluation research in juvenile corrections. Finally, recommendations and suggestions are offered based on the results of the analyses 相似文献
134.
135.
Larry K. Gaines Norman Van Tubergen Michael A. Paiva 《Journal of criminal justice》1984,12(3):265-275
This article is an examination of the role of promotion in police motivation. Promotion represents only one source of motivation within the police department, but it is considered to be a significant source. Officers from two Connecticut Police Departments were used in this study, and Q-Methodology was used. The study investigated the need structure (which needs were important) of police officers, and the extent to which promotion satisfied need. The results indicated that officers felt higher order needs were more important than lower order needs. Moreover, officers were divided over the instrumentality of promotion fulfilling their needs, and there were demographic characteristics which appeared to contribute to these differences. 相似文献
136.
Larry Sirowy Alex Inkeles 《Studies in Comparative International Development (SCID)》1990,25(1):126-157
What effects does political democracy have on such development outcomes as economic growth and socioeconomic equality? Competing theoretical models have been proposed that represent each of the possibilities: democracy as facilitating development, democracy as a hindrance to development, and democracy as bearing no independent relationship to development outcomes. Each of these theoretical models is explicated and, then, the evidence from quantitative, cross-national tests of the effects is reviewed. Overall, the evidence provided by the approximately dozen studies for each outcome yields few robust conclusions with respect to the theoretical models. To guide in the evaluation of the evidence, the studies are in turn distinguished by such design characteristics as sample, period observed, measures used, and form of relationship specified. This procedure, while it does not produce definitive support for any of the models, does assist in interpreting the results of past research as well as generating fertile guidelines for future research. 相似文献
137.
Based on a Downsian perspective of voting behavior, this study assesses the extent to which short-term regional economic conditions influenced the electoral district vote for Japan’s ruling Liberal Democratic Party in the 1983 and 1986 elections to the House of Representatives. Unlike traditional scholarly interpretations, which stress the unique and nonindividualistic determinants of Japanese voting, our regression estimates indicate that economic voting in Japan resembles that identified in studies of other political systems, where unemployment has been shown to be an important predictor of the vote, which income is not. The findings fit with more recent evidence that Japanese political behavior is genuinely susceptible to comparative analysis, and point to the need for a revised understanding of Japanese electoral behavior. 相似文献
138.
Diane R. Follingstad Anne F. Brennan Elizabeth S. Hause Darlene S. Polek Larry L. Rutledge 《Journal of family violence》1991,6(1):81-95
Physical and psychological symptoms of battered women were investigated based on the theory that their ongoing victimization would produce stress-related symptoms. It was hypothesized that moderating variables (e.g., frequency and severity of abuse, predictability and controllability of abuse, social support networks) would influence the effects of abuse. Battered women (N = 234) were interviewed according to a structured format which allowed for behavioral indices of the data and categorization of the women's responses. Results indicated that frequency of abuse was a strong predictor of the number and severity of symptoms. Those women who could predict abuse experienced more symptoms. Severity of physical and psychological symptoms was predicted by a model including women with more injuries requiring medical attention, women adhering to traditional sex role values, and the presence of one type of emotional abuse. Battered women perceived their physical and emotional health as deteriorating during the relationship and during the abuse, but as getting healthier after the abuse ended. Future research needs to replicate these findings with a representative group of battered women who are still in the battering relationship. 相似文献
139.
This field experiment examines the advantages and disadvantages of two jury instruction procedures: instructing the jury prior to the evidence portion of the trial and providing the jury with a written copy of the judge's instructions to take with them to their deliberations. The presence or absence of both procedures was randomly assigned to 34 civil and 33 criminal trials in Wisconsin circuit courts. Following the trials, questionnaires were administered to judges, lawyers, and jurors. Overall, the findings do not provide any support for the hypotheses that written instructions would help the jurors to recall the judge's instructions, that they would increase the jurors' satisfaction with the trial, or that they would shorten the trial. The written copy did appear to reduce disputes among jurors about the judge's instructions. No evidence was found to support the notion that written instructions would reduce the amount of time that juries devoted to the evidence, that they would lengthen deliberations, or that they would place excessive demands on the resources of the court. The findings also did not support the hypotheses that preliminary instructions would assist the jurors with recall of the judge's instructions or the evidence, or that they would reduce juror confusion about the trial procedure, but did support the hypotheses that preliminary instructions would assist the jurors with following legal guidelines in their decision making and would increase the jurors' satisfaction with the trial process. No evidence was found to support the hypotheses that preliminary instructions would be an impractical procedure or that they would place excessive demands on the judge.Northwestern University 相似文献
140.