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11.
    
《Criminal Justice Studies》2012,25(3):203-211
Criminal justice education has steadfastly become the education of choice for many aspiring and current practitioners in the criminal justice enterprise. Many colleges and universities offer degrees in criminal justice and the curricula is quite varying in nature among universities. Some criminal justice departments offer curriculum that is more practice (vocational) focused while others are more academic/theoretically focused. We argue in order to effectively prepare criminal justice practitioners that curriculum should be a multi-disciplined approach, which includes a balanced theoretical grounding. We present the notion that theory and critical thinking skills are important in the holistic development of criminal justice practitioners. We conclude the paper with a three-pronged recommendation for criminal justice education.  相似文献   
12.
    
Abstract

Under s.2(2)b of the Criminal Justice Act 1991 crown courts have the power to give violent and sexual offenders custodial sentences longer than would be justified by the seriousness of the offence if this is necessary to protect the public from serious harm. In this study, the first 35 Appeal Court hearings involving this power are examined. In 22 of these cases, psychiatric evidence was available, as required under statute, where the offender was, or appeared to be, mentally disordered, in order to exclude medical disposal. Sentencing guidance arising from these Appeal Court decisions has held that psychiatric opinion evidence is relevant in determining the applicability of s.2(2)b. Particularly significant, in the Appeal Court's view, are certain features of personality, untreatability and psychiatrists' opinions regarding risk of serious harm. The boundaries of admissible psychiatric opinion evidence and the possible implications for psychiatrists giving evidence at the sentencing phase are discussed.  相似文献   
13.
Guillermo O’Donnell’s influential work ‘Delegative Democracy’ set the discourse on a peculiar type of democracy. Lying between representative democracy and authoritarianism, the uniqueness of delegative democracy lies in its features, including an absence of horizontal accountability, strong centralised rule, individual leadership with unchecked powers, a cult figure embodying the nation and clientelist practices. While delegative democracies seem to arise out of presidential systems, Turkey, though a parliamentary system, has also displayed the distinctive features of delegative democracies. This paper identifies three characteristics of delegative democracy, which are responsible for the lack of democratic consolidation, if not the erosion of democracy itself: anti-institutionalism, an anti-political agenda and clientelism. Arguing that delegative democracy is the best concept with which to examine contemporary Turkey, the paper lays out how, post-2011, Turkey has demonstrated the three elements of delegative democracy. The final section discusses the implications of the Turkish case for scrutinising the very possibility of delegative democracy in parliamentary regimes.  相似文献   
14.
This article analyses how the policies specified in EU directives are transposed by EU member states. In contrast to existing transposition studies it develops a policy-specific approach to explain how directives are transposed by national actors. In this approach the outcome of transposition depends on the institutional arena in which decision-making takes place and the interests of the domestic actors involved. These institutional arenas can vary from parliament to national ministries and agencies. Domestic actors are taken as policy-specific veto players. Their preferences may lead to two different responses to the requirements of a directive. First, they can transpose a directive literally, keeping deviations to a minimum. Second, domestic actors can adopt a non-literal interpretation of the directive, leading to more substantial deviations within the boundaries allowed by the European Commission. These responses are illustrated by two cases of transposition of EU directives, the tobacco products directive and the animal trade directive. The case analysis shows that the policy-specific approach proposed in this article helps in understanding transposition. It clarifies how the ambitions formulated in Brussels are transformed by national administrations into policies.  相似文献   
15.
ABSTRACT

Non-governmental organisations (NGOs) are a constituent part of post-conflict Transitional Justice interventions and as such their projects shape but are also constrained by various narratives about the past. This article introduces the concept of mnemonic role attributions defined as the sum of how actors, their roles, their responsibility and their suffering are categorised as they are remembered regarding a certain period of time. The article analyses how different mnemonic role attributions that are propagated during interventions by Transitional Justice experts in civil society influence the potential for reconciliation in post-conflict Cambodia.  相似文献   
16.
    
A society’s conceptualization of “human nature” determines both how its people behave and their perceptions about justice. This paper contrasts societies that see humans as naturally competitive and selfish and requiring behavioral training (Skinnerian approaches to social control) with societies that see humans as naturally pro‐social and cooperative, striving to contribute (the premise of the prophets of major religions). Whereas the former rely mainly on rewards and punishments, and utilize retributive forms of justice, the latter rely more on apology, forgiveness, and restitution, with restoration of harmony as the goal of justice. The paper evaluates these two approaches in light of an image of human nature (recently developed by the author) that identifies three evolutionarily selected psychological needs that we all share: for acceptance, autonomy, and meaning. When any are denied, we tend to respond in anti‐social ways. Societies where that happens – particularly punitive authoritarian hierarchies – serve human nature less well, and are inherently unstable. Smaller, more egalitarian communities tend to evolve dialogic processes for resolving social rupture, a psychologically preferable process to coercion and shame.  相似文献   
17.
    
Genocide struck Rwanda in 1994. Since then, national and international trials have endeavored to promote reconciliation, deterrence, peace, justice, and human rights. This article posits a disconnect between these trials and the attainment of their avowed goals. This disconnect emerges in part from the influential agendas of international lawyers who equate selective criminal prosecution with the \"rule of law\" and espouse criminal prosecution as the preferred and uniform response to mass atrocity. Creating a presumption in favor of criminal prosecution has dampened the need to explore whether such trials actually are suitable for the particular afflicted society. A socio-legal analysis suggests that Rwanda is precisely a place where constructed notions of what \"rule of law\" ought to be are supplanting the need to implement reconstructive policies that may be best for Rwanda. In particular, the populist nature of the Rwandan genocide, coupled with the vast level of victimization, suggest that a shame-based restorative approach may be more successful in promoting reconciliation, deterrence, and peace than the guilt-based retributive approach currently in vogue. This article argues that, when the law blames occurrences of genocidal evil largely on the existence of some evil people, it obscures the fact that so many people, to varying degrees of complicity, are required for this evil to result in so many deaths.  相似文献   
18.
    
Like the sports franchises and foreign auto plants that preceded them, state and local governments are touting prisons as the latest means of economic miracle‐making, often for small towns and communities that are economically depressed. The building of prisons is supposedly tied to the development of a just, fair, and rational criminal justice policy in a civil democratic society. Prison building has positive and negative social and political consequences for these communities. This critical essay explores some of these consequences in light of the literature on prison siting, the experiences of communities and prisoners, and relevant statistical data in the public domain. It also offers an alternative framework for evaluating prison recruitment as a strategy for local economic development.  相似文献   
19.
    
This paper looks at ways in which notions of membership and of just allocation were articulated in the everyday practices of a voluntary organization set up in the early 1990s to distribute clothing and household goods to newcomers from the (former) Soviet Union in Israel. Based on an ethnographic account of the distribution centre, this paper describes its underpinning ideology and demonstrates the implications of this ideology for the rules governing the allocation of goods. The paper analyzes three inter‐related axes around which notions of rules of just allocation were equivocally interpreted and implemented. The first of these axes related to the discourse of justice deemed most appropriate to the newcomers; the second to the status of the newcomers; and the third to the creation of social categories—primarily defined in ethnic terms—and the hierarchical relationships between them.  相似文献   
20.
Two years ago, Independent Academic Research Studies, a UK based international network, started a research and implementation project to explore the potential of restorative justice to help resolve sexual offending cases involving children and young people. One aspect of this project is the use of restorative justice with sexual offending cases that occurred within the Catholic Church. The purpose of this article is to report on the main findings of the first stage of the project, based on desk research into existing or past international projects dealing with the matter. The aim, however, is not to provide a literature review of the main arguments surrounding the topic, but rather a critical overview of the restorative programs and research projects that have been implemented to test the notion’s application in sexual offending cases. The results of these programs will be contrasted with notorious cases that have been processed through the traditional criminal justice system. Therefore, this article is the first in a series on how restorative justice could be applied to help resolve the sexual scandals in the Catholic Church.  相似文献   
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