Police officer attitudes to the practicalities of the sex offenders’ register,ViSOR and Child Sexual Abuse Disclosure Scheme in England and Wales

This paper examines police officer understandings of and attitudes to the sex offenders’ register, Violent and Sex Offenders’ Register (ViSOR) and Child Sexual Offender Disclosure Scheme (CSODS) in England and Wales – an under-researched area in the management of sexual offenders in the UK. This research is an adaptation of an American study utilising a mixed-methods approach, combining an online questionnaire survey (N?=?227) with a series of semi-structured interviews (N?=?27). The study found that police officers, irrespective of role, were generally supportive of the register, ViSOR and CSODS in principle, but they thought that logistics, practicalities, infrastructure, multi-agency collaboration and public understandings had problematic impacts on the scheme in practice. The participants believed that greater investment was needed in terms of time and resource to make the register, ViSOR and CSODS easier to use and access and thus fit for purpose.     

Longitudinal Analysis of Links Between Bullying Victimization and Psychosomatic Maladjustment in Swedish Schoolchildren

Cross-sectional studies of bullying mask variability in categories of and persistence of bullying victimization. Longitudinal, individual-level data offers a greater insight into schoolchildren’s psychosomatic maladjustment as a consequence of bullying. Swedish schoolchildren (n = 3,349), with unique identifiers, in 44 schools (4th–9th grade), answered a questionnaire at baseline and 1-year follow-up. Longitudinal trends for nonvictims (88%), ceased victims (4.7%), new victims (5.7%), and continuing victims (1.6%) revealed that new victims had the largest decrease in well-being; continuing victims had a smaller though not significant decrease; while ceased victims showed a small, (nonsignificant) increase in well-being over the measurement period. It was also discovered that children not bullied at baseline but bullied subsequently, differed, at baseline, from their never-bullied peers through lower levels of overall well-being. It is argued that this finding has implications for prevention strategies.     

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.     

RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.     

The legal geographies of transnational cyber-prosecutions: extradition,human rights and forum shifting

This article describes legal and human rights issues in three cases of transnational online offending involving extradition requests by the United States (US). These cases were selected as all suspects claimed the negative impacts of autism spectrum disorders (ASDs) were sufficient to deny extradition on human rights grounds. We demonstrate how recent developments in UK and Irish extradition law raise human rights and prosecutorial challenges specific to online offending that are not met by established protections under domestic and internationally sanctioned approaches to extradition or human rights law. In these cases, although the allegedly unlawful conduct occurred exclusively online and concurrent jurisdiction enables prosecution at both the source and location of harm, we demonstrate why national courts hearing extradition challenges are extremely reluctant to shift the trial forum. We conclude by discussing the implications of the new geographies of online offending for future criminological research and transnational criminal justice.     

Retrospection and Perspective of Foreign Investment Legislation in China (1979–2009)

Thirty years have passed for foreign investment legislation in China since the promulgation of the first foreign investment law in 1979. The remarkable achievements in the past 30 years under the China’s reform and open policy have benefited from introduction of foreign investment to a large extent as the result of foreign investment legislation and its changes. This paper starts with a retrospection of foreign investment legislation in China since 1979, followed by a discussion on the features and motives of changes in such legislation, and makes conclusions on the experience and lessons from the legislation, which will be conducive to further improvement of foreign investment legislation in China.     

On Music,Censorship, and Globalization

Malik Bendjelloul’s music documentary, Searching for Sugar Man (2012), uses the narrative of its central figure, American rock “n” roll musician Sixto Rodriguez, to allegorize South Africa’s emergence from censorship and isolationism to a post-apartheid and increasingly transnational dispensation. I look at the cultural politics of apartheid-era censorship in attempt to account for Rodriguez’s cult appeal in South Africa, despite his artistic shortcomings and his obscurity in the USA. I then focus on the film’s final concert sequence, featuring Rodriguez’s first South African performance, which Bendjelloul subtly positions as a moment of celebration over the new possibilities enabled by the demise of apartheid and the rise of an increasingly integrated global culture.     

The Revolution and its Discontents: Grenadian Newspapers and Attempts to Shape Public Opinion during Political Transition

Abstract

What role did the newspaper play in attempting to influence public opinion in the early stages of the Grenada Revolution and what are the terms in which printed discourses on the revolution were conceptualised? The Grenada Revolution was a discursive political process where branding and narration were necessary elements in securing the revolution’s authority and legitimacy. This paper argues that Cuba functioned as a metonym through which the revolution was translated in Grenadian periodicals. Even before the coup of 13 March 1979 Grenadian media represented the New Jewel Movement—the revolutionary party—as Cuban-inspired and socialist. In order to examine how socialism in general, and the socialist character of the People’s Revolutionary Government (PRG) in particular, was narrated, a comparison is staged between two newspapers—the government-run Free West Indian and the privately owned The Torchlight. Competing discourses on Cuban communism are analysed for the ways in which they stood-in for the Grenadian people’s hopes, aspirations and anxieties in the midst of radical political change. Issues including race, gender equality, property ownership, freedom of religious practice and freedom of travel are examined in relation to capitalism and socialism, and the PRG’s efforts to maintain narrative authority of the revolution.     

Continuing Revolt of the Urban Chinese Voters: The Case of Kepong

Abstract

Since the 2008 Malaysian general election the Chinese vote has swung overwhelmingly to the opposition, and this trend has continued in the 2013 general election. When announcing the results of the 2013 general election, Prime Minister Najib labelled it as a ‘Chinese tsunami’. Taking the case of Kepong, this article attempts to explain the reasons for the urban Chinese voters’ continuing support for the Democratic Action Party.     

Dance of Orientalisms and waves of catastrophes: culturalism and pragmatism in imperial approaches to Islam and the Middle East

This article focuses on a seeming contradiction between ‘Islamophobic’ and ‘Islamophilic’ approaches in contemporary Western policies and discourses on the Middle East. While Islamophobia continues to shape some domestic policies of Western states and provide ideological justification for the wars they wage abroad, ‘Islamophilic’ tendencies in foreign policy have also emerged, especially in responses to the ‘Arab Spring’. Not clearly noted in Western public discourse, this represents a historical continuation of Western support for Islamism common during the Cold War, but is also a shift from the Islamophobic discourse of the post-cold war period, especially since 9/11. While Islamophobic and Islamophilic discourses may appear to be opposites, the paper argues that they represent two sides of the Orientalist logic, continuing to reduce understanding of Middle Eastern societies and politics to a culturalist dimension. Unlike traditional Orientalism, they treat Middle Eastern people as political subjects, but approach them as defined by their culture and religion. They define ‘moderate’ Islamism as the typical (and preferred) politics of the people of the region. Focusing on specific recent developments, the paper suggests that, rather than paving the way to more peaceful relations with the region or to internal peace and stability there, the Islamophilic shift in Western policy may rather lead to new waves of catastrophes by further destabilising and fragmenting the region, threatening to evoke new waves of Islamophobia in the West.