Juvenile Criminal Justice Reform Regarding to Children's Welfare

Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal penalty is no longer pure revenge, education and individualization dominate criminal penalty; when children are regarded as being different from adults and should be treated differently, the new approach to children is taking shape and made more scientific. The orientation of juvenile criminal justice reform is to differentiate the juvenile crimes from adult crimes, set up case heating organizations, methods and treatment measures that are appropriate with the psychology of children. This paper will give an analysis of the current reform of the juvenile criminal justice in conjunction with the development of juvenile justice systems of other countries and probe into the orientation and development trend of the reform of China＇s juvenile criminal justice.

Intimate partner violence against women. Does violence decrease after the entry of the alleged offender into the criminal justice system?

Intimate partner violence(IPV)is simultaneously assumed as a serious crime and a major public health issue,having recurrences as one of its main characteristics and,consequently,re-entries of some alleged offenders in the criminal justice system(CJS).The main goal of this study is to assess if in cases of female victims of IPV,violence decreases after the first entry of the alleged offender in the CJS.A retrospective study was performed based on the analysis of police reports of alleged cases of IPV during a 4-year period.The final sample(n=1488)was divided into two groups according to the number of entries in the CJS(single or multiple)followed by a comparative approach.Results suggest that violence decreases after the first entry of alleged offenders in the CJS.Re-entries were found in only 15.5%of the cases but they were accountable for 3.3 times more crimes on average.Besides,victims of recidivism presented more injuries and required more medical care.Thus,a small group of alleged offenders seems to be more violent and accountable for most of the IPV crimes registered in the CJS suggesting that regardless of legal sanctions aiming to deter violence,these measures may not be enough for a certain group of offenders.This study sustains the need for a predictive model to quantify the risk of repeated IPV cases within the Portuguese population.

SPECIAL ISSUE： ANTI-CORRUPTION STRATEGIES IN TRANSITIONAL CHINA-- China＇s Anti-corruption Strategies from the Viewpoint of Criminal Justice

A high incidence of corruption cases is a conspicuous feature of China＇s present stage of social transition. Responding to the demands of combating corruption, Chinese criminal justice has developed a unique set of investigative methods and principles for handling of such cases, placing a high value on relying on the masses to find and act on cases of corruption and promptly adjusting its focus to the key areas of such crimes. It concentrates on enhancing investigative capacity and strengthening the standardization of anti-corruption criminal justice. These practices represent the concrete embodiment in the field of criminal justice of the government＇s anti-corruption strategies. At the same time, China also faces some challenges in adjusting these procedures to accord with international practice. This is one of the aims of the judicial reform in China.

DOING FIELDWORK ON CRIMINAL JUSTICE IN CHINA

This study examines fieldwork-methodology problems in China that few scholars have discussed in social science, criminology and law, and describes the author＇s experiences in conducting fieldwork for an empirical study of criminal justice in mid- and western China in three aspects： general access to the courts and procuratorates, informed consent in interviews, and access to courtroom trials and case files. It argues that researchers need to understand and exercise social, cultural and political sensitivities in overcoming various challenges and difficulties in data collection. Making use of guanxi, building up trust, and developing friendship are essential to the access to the field in China.

The Governance of Complementary Global Regimes Dealing With War and Crime:The Interaction Between the United Nations and the International Criminal Court

The establishment of an international judicial institution responsible to verify on a case-by-case basis when serious humanitarian crimes would fall within the competence of domestic judicial authorities,and when an international judiciary would be required is a visible accomplishment advocated for years.The important paradigm shift refers to governing the transitional challenges characterizing massive humanitarian escalations in conflict and post-conflict situations between the responsibility to protect civilians and the fight against the impunity of international crimes.In the current legislation of the UN the civilian protection duties are associated to the maintenance of peace and security and to the right of intervention in the domestic affairs of sovereign States for humanitarian reasons,extending further the reach of a criminal jurisdiction to punish the perpetrators.This has been the case in Darfur,Sudan,and Libya.Both these situations have been referred by the UN Security Council to the International Criminal Court(ICC).From an empirical perspective,it is still not demonstrated whether international criminal justice would have an impact on the maintenance and restoration of international peace and security,while its complementary role with global political regimes is in transition and deserves attention.The questions arising are as follow:how to rely on international criminal justice for the preservation,maintenance,and restoration of peace and security in extreme conflict zones,without solving the governance gaps during mass atrocity escalations characterized by jurisdictional referrals?Is this realistic considering the traditional concept of international security relying on old models of militarization,such as in the case of Libya?Are there political and strategic reasons for a postponement of accountability during such humanitarian interventions?In short,what kind of public authority is desired for the emerging regime of international criminal justice,and how would such tool function in the complexity of international governance?

Crime and Race： A Cross-Disciplinary Analysis of Hispanic Males and Criminality

The focus of this study is the critical analysis of data related to Hispanic males and criminality, Factors, such as marital status, income level, age, and police contact, are measureable entities that are at the core of the statistical ,analysis, A cross-disciplinary approach provides a cultural context for the statistical world of numbers, The socially conflicting terms of masculinity and maleness will lead to a discussion of macho behavior and criminaliW, Macho behavior, often interpreted as aggressive, may arouse police suspicion, In this case, the police will stop Hispanic males because of their behavior, not necessarily because they committed a crime, This study will show that the cycle of poverty prevents Hispanic males of low-income families from contacting with the police, whereas uneducated Hispanic males must confirm their masculinity in a criminal behavior, CriminaliW, often associated with violence as machismo, is the social over compensation for a male inferiority complex that finds its origin in the Spanish conquest of South America,

The Resolution of Social Contradictions and Attainment of Societal Governance through the Justice System at the Present Stage——Using the Analytical Framework of Rational Choice Theory

The reality that social contradictions are intensifying in some parts of China has revealed some inescapable defects in the current stage of our criminal justice system and has presented new challenges to criminal justice. Justice is a crucial factor in effective linkages between social governance and the path to the rule of law, and the attainment of good social governance through justice is a basic marker of a rule of law society. Using the rational choice framework to examine representative individual cases, we can see that theories of participatory governance, self-governance and polycentric governance provide an approach to the interpretation of extreme social contradictions and the reduction of social conflicts, thus constituting a theoretical support and guiding direction for the reform of the judicial system. This will enable us to create a dispute resolution mechanism consistent with the concept of societal governance and judicial principles.

Forensic Science and its Limitations in Rape and Murder Cases in India

Forensic science plays a significant role in crime scene analysis and other evidence collection(such as clothes,cigarette butts,blood,semen,hair,etc.,)to scientifically establish the accused’s guilt.In rape and murder cases,DNA tests confirm the victim’s identity.It provides certain evidence that is helpful in the speedy investigation and conclusion of a trial.However,it is not a foolproof science and it has certain limitations.Hence,the first responders,such as the Crime Laboratory Ultimate Evidence System team and the forensic experts,must keep these limitations in mind during sample collection and examination,otherwise,it may lead to incorrect results.Such incorrect results may be obtained due to insufficient sample quantity,improper collection methods,or delay in an examination.It is highly recommended to implement standard operating procedure guidelines,failing which the admissibility of such forensic evidence to prove beyond all reasonable doubts is at stake.Accordingly,the court shall acquit the accused giving him the benefit of doubt.This article focuses on the applicability and limitations of forensic science in the Indian Criminal Justice System and the need to adopt due protocols to yield viable results.

Report on a Research Experiment on the Independent Sentencing Procedure:A Sample from the Wuhu Model

The standardization of sentencing is an important issue in the Chinese reform of criminal justice and sentencing procedure. This study draws on the material obtained from a sentencing procedure pilot project and employs typical experimental methodology to test the effect of implementing the independent sentencing procedure through overall and paired comparisons. The results show that independent sentencing is viable in that it can significantly improve the transparency of the sentencing process and increase the quantity and amount of sentencing information obtained and employed by judges. Although the degree of satisfaction of participants in the procedure is not as high as expected, the resultsin trials of the first instance appear to have greater legitimacy and justifiability. At the same time, the independent sentencing procedure also helps give substance to the function of the collegiate bench, and can thus be taken as an important entry point for deepening court reform. However, the findings of our study show that there was room for improvement in the role of lawyers in this experiment.

THE FORENSIC CHALLENGE

This article investigates what might be characterised as ＂the forensic challenge＂ for criminal adjudication and clarifies its nature and scope. The ＂challenge＂ identified is complex, dynamic and multifaceted, encompassing a variety of issues and debates concerning the ways in which forensic science evidence is validated, generated, presented, tested, evaluated and utilised in criminal proceedings. Common law evidentiary principles governing the admissibility of scientific evidence and expert witness testimony are reviewed and the underlying assumptions and potential weaknesses of adversarial trial procedure are critically considered. The discussion is pitched at the generic level of recurring intellectual puzzles, institutional design, regulatory frameworks, procedural structures and processes, macro-policy choices and methodological prescriptions, with the intention of making it relevant to an international audience. Aspects of the procedural law and adjudicative practice of England and Wales, and the regulatory context of UK forensic science, are offered as concrete illustrations with the potential for illuminating comparative extrapolation to other legal systems. In conclusion, the article draws out specific implications for Chinese scholarship, law reform and policymaking in relation to scientific and other expert evidence, and advances a bold suggestion for entertaining an unconventionally expansive conception of ＂forensic science＂ and, correspondingly, of the challenges it presents.