Situating the European Union within South Africa's foreign policy calculus

ABSTRACT

This article reviews the importance of the EU–South Africa Strategic Partnership in South Africa's foreign policy calculations after a decade in existence. While political differences have been open for all to see in cases such as Zimbabwe and South Africa's notice of withdrawal from the International Criminal Court, the enhanced political dialogue is important in ensuring that the partners have a greater appreciation of the complexities faced by foreign policy-makers on both sides. This study is thus interested in uncovering why political relations have lagged behind the economic and social aspects of the relationship. After assessing South Africa's foreign policy interests towards the EU, it then reviews where the political fault lines have been located since the adoption of the Joint Action Plan before identifying areas of cooperation in meeting South Africa’s interests as stated in the 2011 white paper on foreign policy.     

新时代国家治理视野中的人民法庭及其功能塑造

人民法庭作为国家司法权在基层社会的表征,在不同时期发挥着不同功能。新时代人民法庭是乡村社会"在法治轨道上推进国家治理体系和治理能力现代化"的重要参与者,承担着通过乡村法治推进国家法治秩序生成的职责,应当着眼于乡村社会结构变迁、"自治、法治、德治相结合"的乡村治理体系以及制度规范引领下的乡村治理逻辑,重新审视人民法庭的设立依据,并赋予法律适用、乡村规范型塑、价值判断和法治文化培育等功能,打造以人民法庭为中心的乡村法治权威,建立现代乡村法治秩序。     

Religion in the Workplace: Eweida and Others v United Kingdom

The European Court of Human Rights judgment in Eweida and Others v United Kingdom dealt with the increasingly controversial questions of religious symbols at work and the clash between free conscience and anti‐discrimination norms. In a change of approach, it held that the right to resign could no longer be seen as adequate protection for religious freedom and that workplace norms that restrict religious liberty must satisfy a proportionality test. However, it accorded a wide margin of appreciation to States in reconciling freedom of conscience and freedom from discrimination, ruling that the importance of non‐discrimination could justify a failure to exempt a religious individual from complying with a policy forbidding discrimination on grounds of sexual orientation.     

The blurred vision of Lady Justice for minors with mental disorders: Records of the juvenile court in Belgium

Purpose

This study examined (1) the information present in juvenile court records in Belgium (Flanders) and (2) whether there are differences in information between records that mention a mental disorder and those that do not.

Method

The file study sample included 107 court records, and we used a Pearson's chi-square test and a t-test to analyze the information within those records.

Results

Information in juvenile court records varied considerably. This variability was evident when we compared juvenile court records with and without mention of a mental disorder. Significantly more information about school-related problems, the functioning of the minor, and the occurrence of domestic violence was included in records that mentioned a mental disorder compared with records that did not.

Conclusion

The content of the juvenile court records varied, particularly with regard to the mental health status of the minor in question. We suggest guidelines to standardize the information contained in juvenile court records.     

Long-term recidivism of mental health court defendants

The first MHC was established in 1997 and now, over 15 years later, there are over 300 mental health courts in the United States. In a relatively short time these courts have become an established criminal justice intervention for persons with a mental illness. However, few studies have looked at the long-term outcomes of MHCs on criminal recidivism. Of the studies evaluating the impact of MHCs on criminal recidivism, most follow defendants after entry into the court during their participation, and only a few have followed defendants after court exit for periods of one or two years. This study follows MHC defendants for a minimum of five years to examine recidivism post-exit with particular attention to MHC completion's effect. Findings show that 53.9% of all MHC defendants were rearrested in the follow-up and averaged 15 months to rearrest. Defendants who completed MHC were significantly less likely to be rearrested (39.6% vs. 74.8%), and went longer before recidivating (17.15 months vs. 12.27 months) than those who did not complete. This study suggests that MHCs can reduce criminal recidivism among offenders with mental illness and that this effect is sustained for several years after defendants are no longer under the court's supervision.     

Online child exploitation: Challenges and future research directions

Given the relatively new phenomenon of online child exploitation – an important area of criminological and policy concern – it is difficult to obtain long term trend data on reported convictions. Existing legislative and prosecution-based approaches, while important, are unlikely to be adequate. This analysis of the legislative and prosecution-based responses in five Commonwealth countries (Australia, Canada, New Zealand, South Africa and United Kingdom), highlights the need for clear national and international definitions as the lack of consistency in the international legislative environment creates opportunities for sexual exploitation of children. To provide a multi-faceted and non-prosecutorial approach to address online child exploitation including the commercial exploitation of children, this paper identifies five potential research questions.     

APPLYING CASE STUDY METHODOLOGY TO CHILD CUSTODY EVALUATIONS

The child custody evaluation (CCE) can play a critical role in the resolution of custody disputes in the Family Court. There have been a number of significant methodological advances made in this field by various researchers over the past 20 years. It is timely that a scientifically‐based, integrative, methodological framework be developed within which existing methods might be situated. In this paper, case study methodology is proposed as an appropriate methodological framework for CCEs. The application of this methodology to CCEs is explicated with particular attention being paid to the methodological tasks of data collection and data interpretation. An orienting model is proposed to guide the collection of data, and strategies are described for applying population level research findings to individual cases in the form of risk and resilience models. Finally, coherence, analogy, and making methodology explicit are proposed as evaluation criteria for the CCE process and reports, and suggestions are made about outcome research.     

论国际刑事法院证据规则的混合模式——以大陆法系和英美法系证据规则比较为视角

国际刑事法院诉讼规则是一种混合模式,证据规则也不例外.而这种混合模式融合了大陆法系证据采纳的宽泛规定和普通法系证据收集、出示和审查中的对抗制因素.这种混合模式有其特定的成因,而大陆法系和普通法系对这一混合模式则存在不同的看法,本文从比较视角对这一问题进行了分析,并指出了其对我国证据立法的启示.     

大数据技术在刑事定罪中的运用

近年来,在金融创新特别是互联网金融创新大旗的指引下,网络现货投资交易平台迅速增长,因缺乏有效金融监管,现货投资交易平台引发的违法犯罪数量也随之暴增。由于网络现货投资交易行为的复杂性和专业性,司法机关查处网络现货投资交易平台中的犯罪时,在罪与非罪、此罪与彼罪判定方面分歧较大,传统的定罪方法和标准已经显得力不从心。大数据技术的出现为此类复杂犯罪定罪提供了方法与标准。大数据技术不仅能提高定罪准确性,也能提高定罪效率。针对当前出现的诸如网络虚拟投资交易案等网络犯罪特征,运用数据挖掘、决策树CHAID算法等数据技术对新型网络犯罪判决进行定量分析,我们可以将大数据技术作为司法定罪裁判的辅助工具,加以推广运用。     

Observations of reintegrative shaming in a mental health court

This study compares the use of stigmatizing and reintegrative shame - as specified in Braithwaite's Crime, shame and reintegration (1989) - across traditional criminal court and mental health court settings. Items from the Global Observational Ratings Instrument were used to gather data on 87 traditional court cases and 91 mental health court cases, presided over by five different judges. The observational items capture three constructs: respect, disapproval, and forgiveness, as they apply to Braithwaite's theory. We present means tests to examine differences in shaming between court types and judges. Findings show that the mental health court is more likely to use reintegrative shaming and show respect and forgiveness for offenders, and less likely to show disapproval. Similarly, judges who preside in both court types are significantly more likely to practice reintegrative shaming in the mental health court context. We further explore these findings using field notes and illustrate those components of a mental health court that are conducive to reintegrative shaming.