JUDICIAL ROTATION AS CENTRIPETAL FORCE: SENTENCING IN THE COURT COMMUNITIES OF SOUTH CAROLINA*

Courts as communities theory emphasizes the sentencing differences that can arise between localities within a single state. The results of published studies have highlighted how local differences emerge based on informal sociological and political processes defined by the communities perspective. The findings from recent quantitative studies from South Carolina have revealed notably less county variation in sentencing than has been observed elsewhere. I use qualitative interviews with 13 South Carolina trial judges to investigate sentencing processes and to shed light on these findings. The interviews explore the state's legal structure and culture, including the practice of circuit rotation in which judges travel among counties holding court. The results suggest rotation serves as a centripetal force of sentencing culture, homogenizing what might otherwise be a more varied collection of county‐specific norms. Rotation leads to increased uniformity through judge shopping and the cross‐pollination of ideas and norms. Defendants can strategically judge shop and plead in front of a lenient judge—a process that gives rise to the term “plea judge,” which is a label for the most lenient judges who sentence a large number of defendants. Rotation also increases the interactions among judges and prosecutors, expanding networks and grapevines, and leading to cross‐pollination and the sharing of ideas.     

Trust is hard to come by: Disentangling the influence of structural characteristics and race on perceptions of trust in the police in a major Southern County

The current study will add to the literature on public attitudes toward law enforcement by assessing the individual and contextual-level predictors of one of the key concepts in police legitimacy literature: trust. Examining individuals nested within zip code results showed a significant equalizing effect of structural resource deprivation on both White and Black respondents' perceptions of trust in the police. Additionally, results found respondents who perceived racial profiling to be widespread had a universally decreased likelihood of having trust in the police, and these disparities were exacerbated as structural resource deprivation increased.     

试析交通肇事移动逃逸致死的定性

遗弃罪法益的变化使交通肇事逃逸致死问题的定性变得复杂化。在交通肇事移动逃逸致死时 ,除可能构成交通肇事罪之外 ,还涉及到不作为的故意杀人罪与 (移置 )遗弃罪的界分。对此 ,应通过违反作为义务程度的强弱判断行为人主观故意的内容 ,从而准确区分二者。     

Intentional mixed buccal cell reference sample in a paternity case

We report a case where an alleged father (AF) attempted to substitute someone else's saliva sample for his reference sample in a paternity analysis. Buccal cells were collected from the AF and the child, and DNA analysis was performed using an autosomal STR loci (Identifiler). The profile from the AF showed extra peaks in some loci, as well as a much higher "X" allele peak relative to the "Y" allele peak at the amelogenin locus. After conducting reanalysis by another technician with another set of positive and negative controls, it was concluded that the only source of the mixed profile was by intentional introduction by the AF, at the time of sampling, of some foreign human biological material, most likely saliva from a woman. Owing to the inconclusive results, when the AF was called back to the lab and the peculiar results were explained to him, he admitted that he had introduced into his mouth saliva from another person in an attempt to be excluded as the father of the child. Although tampering with DNA reference samples is not common, some individuals may attempt to contaminate or otherwise adulterate specimens before DNA tests. Personnel responsible for sampling should be aware of this possibility and should try to establish procedures to avoid the problem.     

故意犯罪认定标准研究——以违法性认识和社会危害性认识的比较论证为视角

对于刑法第十四条关于故意犯罪的规定,理论界存在不同的认识,争论的焦点在于故意犯罪中"认识"的内容。并在此论战的基础上基本上形成了两大观点——违法性认识和社会危害性认识。在我们现阶段法治还相当不健全的时代,应该以社会违法性认识为故意犯罪的主要判断标准,辅之以违法性认识。     

Looking back,thinking forward: Understanding the feasibility of normative supranationalism in the African Union

The creation of the African Union (AU) in 2002 was seen as a significant paradigm shift in the course of continental integration. Unlike its predecessor, the Organization of African Unity, the AU has a normative framework that espouses supranational aspirations. Various aspects of the AU framework, such as the nature of some of the AU institutions, the declared right of intervention, and the objective of harmonising the policies of Regional Economic Communities under the AU umbrella, are allusions to supranationalism. Furthermore, it appears that normative supranationalism is the goal, in that these aspects indicate the intention on the part of the architects of the AU to create a regime under which AU laws and policies are superior to national and sub-regional rules. The fact that, after a decade of the AU's existence, little or no progress has been made in this regard requires serious introspection. Therefore, the aim of this paper is to explore some of the factors that militate against the effective operation of normative supranationalism in the AU and proffer recommendations on how to address those constraints.     

Sailors' families and the urban institutional framework in early modern Holland

This article points to a largely neglected theme in the maritime history: the important role of sailors' families in urban seafaring communities during the Early Modern Period. At the end of the seventeenth century and during the first decades of the eighteenth century, about 20% of the crewmembers of the Dutch East India Company (VOC) were married. Accordingly, in the towns in Holland where the VOC was present, many women had to run a household by themselves for a long period of time. The sailors' families were often confronted by emotional and financial distress, which to some extent affected the financial expenses of VOC towns as well. Many of these families were however able to cope because they received material support from various urban institutions. The Company created a system that encouraged sailors to send their money home during voyages, while urban poor relief often temporarily complemented the family's budget. Contrary to other married women, wives of sailors could obtain the legal power to engage in financial transactions, or to have access to inheritances. Town councils, civil courts, church councils, charity institutions and the East India Company were all willing to help the seamen's families. Their motives were twofold: while urban communities benefited from financially stable families, and the VOC compensated for their low pay by offering their employees fringe benefits, the attitudes towards seamen's wives also indicate that the urban elites genuinely wanted to provide some assistance to these needy families.     

Gated communities and the poor in Santiago,Chile: Functional and symbolic integration in a context of aggressive capitalist colonization of lower‐class areas

Abstract

In Santiago, Chile, the number of gated communities has increased significantly during the past few years. Although these communities are aimed at the elite, they are often located on the fringes of low‐income neighborhoods and thus change traditional segregation patterns in the city.

In many cases, gated housing communities for the upper classes are accompanied by nonresidential development, such as shopping centers and office complexes, which bring jobs into the neighborhood. We analyze case studies of lower‐class neighborhoods located near upper‐class gated communities to study the effect on the poor. We find that the spatial dispersion of real estate developments for the elite promotes some forms of social integration and provides advantages to poorer residents by bringing jobs into the neighborhood, triggering improved public services, and even sparking a renewed sense of pride among lower‐class residents.     

The Quality of Life in English Local Authority Areas

Abstract

Since the enactment of New Labour's sustainable development agenda in 1999, English local authorities have been placed at the helm of a variety of devolved localism initiatives designed to foster sustainable communities that contribute to a high quality of life for existing and future generations. This paper considers the scale of the challenge that confronts local authorities in terms of attaining these outcomes, by drawing attention to their current quality of life situation. The baseline conditions in question are measured by reference to the Audit Commission's local quality of life indicators dataset, which it compiled in 2005 from a range of existing local government performance indicators. The dataset is subjected to k-means clustering and principal components analysis to assess how far English local authorities measure up to Labour's sustainable communities ideal and to highlight the type and degree of quality of life disparity that exists between them. The results from the analysis are used to evaluate the feasibility of Labour's devolved localism approach to sustainable community formation and to provide important insights to local policy makers responsible for fostering sustainable communities. The implications of the findings for future research are also considered.