“诱惑侦查”人员出庭作证问题研究

近年来,随着犯罪案件类型日益复杂化,传统侦查手段和技术在侦破一些特殊案件时遇到严峻考验。诱惑侦查作为一种特殊的侦查手段被频繁适用于那些具有高度隐蔽性、组织性、智能化的贩毒、行受贿、网络犯罪等案件的侦查取证中,然而我国法律并没有对诱惑侦查做具体规定,由此引发的法律问题进一步凸现,尤其是"诱惑侦查"人员出庭作证的相关问题需做进一步探讨。     

探寻宪法解释的中国之路——读范进学教授《认真对待宪法解释》

宪法解释对于宪法研究和宪政建设都有着重要的作用。当前的宪法解释研究,应从理论体系的研究转向制度层面的实施,在尊重宪法文本权威的前提下,在维护现有宪政体制稳定性的基础上,运用宪法解释的方法来推动中国的宪法研究和宪政建设。     

Potential Impact of Research on Adolescent Development on Juvenile Judge Decision‐making

This paper discusses how biological and psychological literature on the developmental differences between juveniles and adults may affect juvenile judges in their “dual role” as retributive and rehabilitative decision‐makers in juvenile cases, specifically focusing on sentencing. Particularly, it discusses potential influences of this research on adolescent development regarding four factors known to be integral in juvenile judge decision‐making: legal factors, characteristics of juvenile offenders, and individual structural and social contexts in which judges’ decisions are made. To conclude, implications and recommendations stemming from this discussion are considered.     

Mentally ill offenders eligible for diversion at local court in New South Wales (NSW), Australia: factors associated with initially successful diversion

Diversion away from the criminal justice system and into mental health treatment services is a key strategy for addressing the well-established burden of mental illness suffered by those presenting to court. While mental health courts, court liaison and court diversion services have been developed in many jurisdictions internationally, there is limited research evidence to support their effectiveness in identifying those with mental health need and achieving successful diversion. The Statewide Community and Court Liaison Service in New South Wales, Australia, identifies mentally ill offenders likely to meet legal eligibility criteria for diversion at the busiest local courts across the state. Utilising data collected by mental health clinicians working in the service, 8317 individuals were identified as being eligible for court diversion on at least one occasion during the study period (1 July 2008 and the 30 June 2015) and 57.3% were subsequently diverted by Magistrates. Successful diversion at this first step was associated with being female, older, of non-Aboriginal and/or Torres Strait Islander background, and having a serious mental illness, replicated when stratified by sex and by Aboriginal and/or Torres Strait Islander background. There may be barriers to mental health diversion at court for individuals with particular socio-demographic characteristics which future service developments may need to take into account.     

Transferring custody from birth parents to foster parents – an ambiguous matter

In this study, we analyse 32 district court decisions regarding custody transfers from the birth parents to the foster parents in Sweden. When a child has been in foster care for three years, in order to enhance stability for child, the local social welfare committee considers a transferral of custody to the foster parents following an application to the district court. Although all but one of the decisions in our study favoured a custody transfer, the courts acknowledge different reasons for this. Specifically, there is vagueness about whether or not functioning contact between the child and birth parents is a hindrance in custody transfer. Our findings stress the need for clarification in the law regarding the criteria for custody transfer in order to reach a more unified judgment. Furthermore, the district courts do not sufficiently acknowledge children’s views, and we suggest that children and young people should be made more visible in the decision-making process.     

Enhancing judicial skills in domestic violence cases: the development,implementation, and preliminary evaluation of a model US programme

ABSTRACT

The overwhelming number and complexity of domestic violence cases in criminal and family courts has resulted in the development of education programmes to assist judges. There is limited research on judicial education in this area. This paper reviews one such initiative entitled ‘Enhancing Judicial Skills in Domestic Violence Cases’ (EJS) that has been developed and implemented over the last 20 years by the National Judicial Institute on Domestic Violence, a partnership of the US Department of Justice Office on Violence Against Women, National Council of Juvenile and Family Court Judges and Futures Without Violence. We present findings of a preliminary evaluation of the programme based on the self-reports of 480 judges who had taken the four-day workshop between 2006 and 2010. Overall, judges reported the programme to be engaging and effective. At a six-month follow‐up, most of the judges identified specific benefits and behavior changes in the areas of access to justice, judicial leadership, victim safety, and abuser accountability as a result of participating in the programme. Critical issues in judicial education are highlighted based on the authors’ experiences in the development and implementation of this programme.     

Assessing the Performance of a Court System: A Comprehensive Performance Measures Approach

Many court systems suffer from long lead times, poor service quality, and low throughput. In many cases improvements are continuously introduced through various managerial and professional methods. This article proposes a set of measures to assess the effectiveness of court systems. This set of performance measures includes response-time, throughput, and work-in-process. While court systems generate a multitude of statistical data it is difficult to apply them across individual courts.

The article tailors well established generic performance measures to the specific court arena. The individual measures are aggregated into a single figure that assesses the court's performance along the time axis and relative to comparable court systems.

The proposed measure of performance and the aggregate score were validated with real life figures from the Israeli court system.     

EDITORIAL

Abstract

Jane Addams (1860-1935), founder of Hull House in Chicago, was a social worker, sociologist, criminologist, feminist, and pacifist. She dedicated her life to caring for the underprivileged and oppressed and to fighting for the rights of workers, women, and children. This paper examines her life and seeks to demonstrate her many contributions to sociology, criminology, and society. Among her pioneer works in criminology that have not been recognized are the ecological maps of Chicago that preceded Park's and Burgess' concentric zone theory, social justice issues such as child labor, compulsory education, and juvenile offenders. She also was a peace activist during World War I and many of her ideas and concepts are found in the peacemaking writings of current criminologists.     

司法与行政的有限分立——晚清司法改革的内在理路

面对近世西域分权思想的传入及其对传统中国法律与司法制度的冲击,晚清统治集团把革新司法权力运行体制与方式,推进以司法与行政相分立为核心的司法体制改革,作为施行预备立宪的基本思路和策略选择。在国权统一的模式下,晚清统治集团推行有限度的司法与行政之分立。然而,中央官制改革方案对于法部与大理院之间司法权限的界定并不清晰,遂引发了后来影响广泛的法部与大理院之间围绕司法权限而展开的激烈争论。这场部院司法权限之争,深刻地反映了司法独立理念与行政支配司法理念之间的价值冲突。晚清司法改革标志着新的近代型司法制度的出现,体现了近代中国法制与司法文明的历史进步。