RACIAL AND ETHNIC DIFFERENCES IN PRETRIAL RELEASE DECISIONS AND OUTCOMES: A COMPARISON OF HISPANIC,BLACK, AND WHITE FELONY ARRESTEES*

The present study uses data on the processing of felony defendants in large urban courts to examine Hispanic, black, and white differences at the pretrial release stage. The major finding is that Hispanic defendants are more likely to be detained than white and black defendants. And, racial/ethnic differences are most pronounced in drug cases. In fact, Hispanic defendants suffer a triple burden at the pretrial release stage as they are the group most likely to be required to pay bail to gain release, the group that receives the highest bail amounts, and the group least able to pay bail. These findings are consistent with a focal concerns perspective of criminal case processing that suggests Hispanics as a newly immigrated group are especially prone to harsher treatment in the criminal case process.     

论宪法规定公民权利宜用禁止性规则

虽然各国宪法对公民权利实际上有两种规定方式,一是采用禁止性规则,二是采用授权性规则,但从理论上分析,宜采用禁止性规则.从宪法学上来讲,禁止性规则符合宪法乃授权于国之法、权利先于宪法、宪法控制权力的观念;从立法学上来说,禁止性规则更能表达防范国家权力可能侵犯公民权利的目的;从解释学上来看,禁止性规则能够消除"宪赋人权"的误解.     

论权利主体

权利主体可以归结为两种基本形态--作为权利主体的自我(公民)和作为权利主体的大我(法人).个人只有取得公民的资格,拥有权利能力和行为能力,并拥有权利能力的指向物时,才能成为权利主体.大我是公意的人格化或人格体.在法人行使权利时,支配的自然过程与支配的社会过程必然发生分离.权利主体之间最基本的原则是:所有权的神圣不可侵犯、契约自由和权利主体在法律面前的平等.     

民法本位新论

民法本位是民法的根本指归.近、现民法本位未变,即都是权利本位、个人本位.个人本位比权利本位更为本原,称其为民为本位,则更确切.可在广义社会法下的经济法和行政法中确定社会本位乃至国家本位.民法本位是民法的出发点,民法价值是民法的归结点,均蕴含并体现在民法基本原则中.     

Mapping the production of political communications: a model to assist in understanding the relationships between the production and consumption of political messages

High public interest today in political communications such as ‘spin’ and in political participation such as electoral turnout suggests that there may be value in exploring the processes by which political messages are produced and consumed, and their inter‐relationship with participation. It may be that what citizen‐voters think of message production influences how they consume political news and publicity (through observing and evaluating), and that the propensity to political participation is subsequently affected. This paper offers a model which traces the production of political communications, starting at their origins in the political class, and flowing via traditional political journalism or controlled media and new media to citizen‐voters who both observe and evaluate them (ie consume them) before, during and after making any political choices. It is hypothesised that the observation and evaluation of message production and content by political consumers influences both their types and levels of participation. Research of this nature into political organisations is relatively rare. Similarly, there is little evidence of investigations into other aspects highlighted in the model: attitudes of the political class towards political communications, the production of political communications before they reach the media and how they are received by the media, and their consumption by citizen‐voters in relation to the propensity to participate in politics. Copyright © 2003 Henry Stewart Publications     

广州公民政治参与状况调查

公民政治参与是衡量政治文明发展程度的重要标志。调查显示当前广州公民政治参与呈现引人关注的若干基本特点 :党和政府的基层组织、职能部门以及领导人是党群、政群沟通的第一线力量 ;报纸、电视等成为公民政治参与的主流渠道 ,互联网在参与中的作用加强 ;国有和三资企业中的中高级管理人员、个体经营者成为政治生活的一支重要力量 ;选举机制的不完善和沟通渠道的不畅通阻碍公民政治参与的热情 ;多数公民倾向于以正式途径和理智行动解决纠纷 ,但对激烈手段的认同率有所上升 ;必须重视由利益受损、失业压力及腐败问题造成的群众性事件     

社会资本视角下中国善治问题研究

经济全球化和政治民主化浪潮的加速发展催生了社会对善治的诉求,但是,社会资本与善治之间存在着结构性制约与依赖的关系。我国政权的性质和谋求发展的政策取向决定了我国对善治的必然选择。目前,我国现代社会资本还相当缺失,制约了善治模式的普遍形成。发展公民社会的现代公民意识,增强公民的主体意识、权利意识和参与意识;发展公民社会的公共精神,提高公民社会的认同、信任、合作和互助水平;培育民间组织的发展,形成现代社会资本的网络结构,对于我国善治的普遍形成具有重要的意义。     

A Party of a Different Color? Race,Campaign Communication,and Party Politics

Although studies have examined the contents of party images and the impact of those images on candidate evaluations, we do not have an understanding of the conditions that lead to party image change. In this article, I examine the impact of racialized campaigns on perceptions of individuals' party images. Moreover, I explore the factors that mediate the campaigns' effects. I argue that the success of a strategy's ability to alter party images depends on the strength of the individuals' extant party images. Using the 2000 Republican National Convention as a case study, I find that party images are indeed malleable. Further, I find that race, party identification, and education mediate party image change.     

Black Cities/White Cities: Evaluating the Police

It is well known that African Americans and whites hold different views of the police, but nearly all of the previous research has been conducted in majority white settings. This research examines the relationship between race and evaluations of the police in majority black versus majority white contexts. Social dominance theory and the research on racial threat predict that when the racial majority changes, the relationship between race and attitudes toward police will change. We find that, in majority black contexts, the traditional relationship between being black and having negative evaluations of the police disappears, and it disappears because whites' evaluations of the police become more negative. Black evaluations of the police are relatively consistent across racial contexts. Also, white racial attitudes affect police evaluations in majority black contexts, but not in white contexts, while African American racial attitudes are inconsequential in both contexts. Furthermore, if a white citizen is victimized by crime in a black city, it has greater ramifications for evaluations of the police than if the victimization had occurred in a white city. All of this suggests that whites' views of the police may be more racialized than the views of African Americans.     

对台湾公投制宪的若干思考

本文从公民自决和民族自决的角度,对台独势力分裂祖国和民族的行径进行了批判。