The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient)...The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.展开更多
In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the ...In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.展开更多
In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang return...In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang returned home after being acquitted of the murder charge.展开更多
Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experien...Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.展开更多
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...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.展开更多
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 i...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?展开更多
Envisioning a well-ordered society composed of filial subjects who obeyed the law,avoided disputes,shunned religious heresy,paid their taxes,and peacefully engaged in agriculture,the Kangxi emperor’s“Sacred Edict of...Envisioning a well-ordered society composed of filial subjects who obeyed the law,avoided disputes,shunned religious heresy,paid their taxes,and peacefully engaged in agriculture,the Kangxi emperor’s“Sacred Edict of Sixteen Maxims”(圣谕十六条)has often been considered a declaration of the alien Qing dynasty's Confucian bonafides.While the rhetoric of the pronouncement echoed traditional moral values,the political acumen of the Qing rulers was readily apparent in the eighth maxim,“explain the laws to warn the ignorant and obstinate.”Melding moral and legal education,the eighth maxim specifically endorsed the efficacy of the law.The importance placed on legal knowledge was abundantly clear in one of the earliest commentaries,which explained all sixteen maxims with examples of applieablc legal guidelines.Thus,the“Sacred Edict”wfas a shrew d maneuver that endorsed traditional moral values,but it also foreshadowed a“legislative turn”in the Qing rule that was discernible in the evolving ethos of criminal justice.Despite the extensive efforts to propagate the“Sacred Edict,”violent crime was on the rise in the Kangxi.Yongzheng,and Qianlong reigns.When transformation through moral “teaching and cultivation”(jiaoyang 教养) failed to alleviate social conflict,Qing rulers reconsidered and revised the established practice of criminal justice and the existing concept of criminal behavior.By the end of the eighteenth century,the effort to stem the tide of violent crime relied less on ideological exhortation and more on legislation that articulated harsh punishments.This“legislative turn”in Qing criminal justice resulted in an aggressive policy of deterrence that facilitated the greater use of capital punishment.展开更多
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...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.展开更多
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 stu...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.展开更多
文摘The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.
文摘In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.
文摘In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang returned home after being acquitted of the murder charge.
文摘Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.
文摘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.
文摘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?
文摘Envisioning a well-ordered society composed of filial subjects who obeyed the law,avoided disputes,shunned religious heresy,paid their taxes,and peacefully engaged in agriculture,the Kangxi emperor’s“Sacred Edict of Sixteen Maxims”(圣谕十六条)has often been considered a declaration of the alien Qing dynasty's Confucian bonafides.While the rhetoric of the pronouncement echoed traditional moral values,the political acumen of the Qing rulers was readily apparent in the eighth maxim,“explain the laws to warn the ignorant and obstinate.”Melding moral and legal education,the eighth maxim specifically endorsed the efficacy of the law.The importance placed on legal knowledge was abundantly clear in one of the earliest commentaries,which explained all sixteen maxims with examples of applieablc legal guidelines.Thus,the“Sacred Edict”wfas a shrew d maneuver that endorsed traditional moral values,but it also foreshadowed a“legislative turn”in the Qing rule that was discernible in the evolving ethos of criminal justice.Despite the extensive efforts to propagate the“Sacred Edict,”violent crime was on the rise in the Kangxi.Yongzheng,and Qianlong reigns.When transformation through moral “teaching and cultivation”(jiaoyang 教养) failed to alleviate social conflict,Qing rulers reconsidered and revised the established practice of criminal justice and the existing concept of criminal behavior.By the end of the eighteenth century,the effort to stem the tide of violent crime relied less on ideological exhortation and more on legislation that articulated harsh punishments.This“legislative turn”in Qing criminal justice resulted in an aggressive policy of deterrence that facilitated the greater use of capital punishment.
基金Partially supported by[Xunta de Galicia.Proxectos Plan Galego IDT ED431C 2021/35].
文摘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.
文摘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.