Judgment and Calculation in the Selection of Sentence

Formal sentencing guidelines, which are increasingly seen as the best means of eliminating unwarranted disparity, have undoubted merits. Well-crafted guidelines can promote more transparent and coherent sentencing practices. Their primary goal will usually be to ensure that similarly situated offenders convicted of similar offences receive broadly similar penalties. This, in turn, should increase public confidence in the criminal justice system. Judicially-developed guidance has its own advantages. A judgment, unlike a statute or a formal guideline, must persuade its audience as to the merits of the decision reached. Appeal court sentencing judgments must (or ideally should) engage in some degree of moral reasoning so as to explain why a particular offence or offender deserves the penalty that is being imposed or upheld. Adjudication of this nature plays an important role in stimulating debate and deliberation about the purposes of punishment, the appropriate use of particular sentencing options, the relevance of various offence- and offender-related factors and other fundamental questions about which opinions will inevitably change over time. Although they may have distinct epistemic properties and different objectives, formal guidelines and judicially-developed principles have their own unique merits. We should therefore aim for a system that incorporates the best qualities of both. In practice, this means that guidelines should be so constructed as to leave space for judicial deliberation about fundamental principles and current practice. In this way, guideline creators and courts can continue to learn from each other.     

PHYSICAL EDUCATION: AMENDING THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT TO RESTRICT RESTRAINT AND SECLUSION IN PUBLIC AND PRIVATE SCHOOLS

There are no federal laws restricting the use of restraint or seclusion in public or private schools. Such laws exist at the state level, but the specifics vary from jurisdiction to jurisdiction. Federal legislation is necessary in order to ensure that students are not treated differently in each state based on legislative disparities between those states. The lack of a uniform standard for restraint and seclusion subjects students, a disproportionate number of whom have disabilities, to unreasonable physical control by other persons. These practices convey punishment, fear, abandonment, and provide little positive benefits. The amendment proposed in this Note will ensure that seclusion and restraint are only used when the student poses a direct threat to the health or safety of him or her self or others. Staff must be trained in the safe and proper use of these procedures so that they are performed in a reasonable manner, including utilization for a limited amount of time and the exhaustion of positive disciplinary alternatives prior to the utilization of these procedures. Furthermore, parental consent to the use of these procedures is imperative.     

Perceptions of Neighbourhood Safety and Policy Response: A Qualitative Approach

Safety perceptions of residents are often analysed through surveys and compared with factual crime developments. Using the Dutch city of Rotterdam as an urban context of improved crime levels, this article provides a critique on standardised surveys in the research of safety perceptions and its presupposed connection to factual crime. Contrasting survey results from the Rotterdam Safety Index with qualitative data from 64 in-depth interviews in four districts, the qualitative narrative contradicts findings from the survey and implies more nuanced and diversified policy responses to safety issues. Because of the tendency of surveys to connect safety perceptions to factual crime, their unsuitability to catch subtle perceptions and their inability to expose new viewpoints, we argue for de-quantification: a lesser dependency on—but not a repeal of—survey data in this area, supplemented by a periodic qualitative approach in the research of crime and safety information (qualitative monitoring).     

Just My Cup of Tea!

正I recently played a modern-day hostess for a black tea commercial in Beijing.As an American,it was a great opportunity to learn more about China’s traditional beverage,which I have come to occasionally enjoy alongside my habitual coffee fix.We filmed the commercial in a Western-style hotel on the northeast outskirts of Beijing.     

The Turnbull Gamble

The Turnbull Gamble. By Wayne Errington and Peter van Onselen (Carlton: Melbourne University Press, 2016), pp.vii + 200. AU$29.99 (pb).