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Redefining race: can genetic testing provide biological proof of Indian ethnicity? 重新定义种族:基因检测能提供印度种族的生物学证据吗?
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2003-11-01
Eric Beckenhauer
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引用次数: 0
Liability Rules for Constitutional Rights: The Case of Mass Detentions 宪法权利的责任规则:以大规模拘留为例
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2003-10-02 DOI: 10.2139/SSRN.451582
E. Kontorovich
Constitutional law assumes that rights should always be protected by property rules - that is, the government can only take them with the individual's consent. This Article extends to constitutional law the insights of Calabresi and Melamed's famous article on property and liability rules. Whether rights should be protected by property rules or liability rules depends on the transaction costs of negotiating a transfer of rights. As transaction costs rise, liability rules become more attractive. This Article shows that liability rules can have an important role in constitutional law. Using mass detentions in national security emergencies as a case study, it shows that property rule protection of individual rights sometimes leads to perverse and inefficient results. While the government has repeatedly resorted to mass detentions in emergencies, the Court has never blocked such measures. This is a perverse result of constitutional law's insistence on property rule protection even when transaction costs of transferring liberty rights become extraordinarily high. Holding that a policy violates rights would require, under a property rule, enjoining potentially vital security measures. The Court is unwilling to impose such costs on society. Thus it simply avoids finding that mass detentions violate rights. This creates large groups of uncompensated victims, who are often members of vulnerable ethnic minorities. It also stunts and distorts the development of constitutional law. Switching to liability rules in mass detention situations can, counterintuitively, result in greater redress for detainees, as well as deterring detentions and preserving the integrity and predictability of substantive law. Furthermore, the transaction cost analysis developed in this Article has implications that extend beyond mass detentions to a variety of other constitutional contexts.
宪法假定权利总是受到财产规则的保护——也就是说,政府只有在征得个人同意的情况下才能剥夺权利。本文将卡拉布雷西和梅拉米德关于财产和责任规则的著名文章的见解扩展到宪法。权利应受财产规则还是责任规则的保护,取决于权利转让谈判的交易成本。随着交易成本的上升,责任规则变得更具吸引力。本文表明责任规则在宪法中可以发挥重要作用。以国家安全紧急情况下的大规模拘留为例研究表明,财产规则对个人权利的保护有时会导致反常和低效的结果。虽然政府一再在紧急情况下采取大规模拘留措施,但法院从未阻止这种措施。这是即使在转让自由权利的交易成本变得异常高的情况下,宪法仍坚持保护财产规则的一个反常结果。根据财产规则,认定一项政策侵犯了权利,就需要禁止可能至关重要的安全措施。法院不愿把这种费用强加给社会。因此,它只是避免发现大规模拘留侵犯了人权。这就造成了一大群得不到补偿的受害者,他们往往是弱势的少数民族。它还阻碍和扭曲了宪法的发展。与直觉相反的是,在大规模拘留情况下改用责任规则可以为被拘留者提供更多的补救,并阻止拘留并保持实体法的完整性和可预测性。此外,本文中发展的交易成本分析的影响不仅限于大规模拘留,还包括其他各种宪法背景。
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引用次数: 3
An introduction to legal thought: four approaches to law and to the allocation of body parts. 法律思想导论:研究法律和身体部位分配的四种方法。
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2003-06-01
Guido Calabresi
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引用次数: 0
Developing a Taste for Not Being Discriminated Against 培养不受歧视的品味
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2003-05-21 DOI: 10.2139/SSRN.410262
M. Case
Using as a jumping-off-point Ian Ayres's Pervasive Prejudice and the new Critical Race Theory reader, Crossroads, this review essay urges that more systematic data gathering, testing, surveying, analysis and theorizing should be done from the perspective of the victims of discrimination in the retail markets with an eye toward developing a taxonomy of the taste for fairness as rich and detailed as the long established taxonomy of a taste for discrimination and using this taxonomy to develop more effective transitional remedies for discrimination.
这篇评论文章以伊恩·艾尔斯的《普遍偏见》和新的批判性种族理论读物《十字路口》为出发点,敦促进行更系统的数据收集、测试、调查、应该从零售市场中歧视受害者的角度进行分析和理论化,着眼于发展一种与长期建立的歧视品味分类一样丰富和详细的公平品味分类,并使用这种分类来制定更有效的歧视过渡补救措施。
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引用次数: 132
Adding Insult to Injury: Questioning the Role of Dignity in Conceptions of Sovereignty 伤害上加侮辱:质疑尊严在主权概念中的作用
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2003-04-10 DOI: 10.2139/SSRN.394660
J. Resnik, Julie C. Suk
The term sovereignty in the United States has more than one reference. Sometimes, sovereignty refers to the literal and the legal power of the United States in its relationship to other nations and to the world community. We call this "external sovereignty" and contrast it with a second use, which we describe as "internal sovereignty" to capture its focus on the relationships among state, federal, and tribal governments within the borders of the United States. The current majority of the United States Supreme Court has revived the language of internal sovereignty - proffering it as the basis for invalidating or limiting the scope of federal legislation as applied to states. The Court's internal sovereignty argument is supported in part by characterizing states as bearers of dignitary interests. Neither conceptions of sovereignty nor of dignity have been static over the centuries. While monarchs once held all sovereignty and only nobility had dignity, democracies today celebrate the sovereignty of their citizens and the dignity of all persons. Today, equality of persons is central to concepts of popular sovereignty and personal dignity, and human rights law embodies these premises. Further, during the last several decades, collectives of marginalized persons have also asserted rights to recognition and to self-determination of their political authority. The rise of both individual and collective claims of human dignity has constrained sovereignty, for nations can no longer treat human beings with utter disregard by asserting sovereignty as a defense. Given this nexus between dignity and personhood, the United States Supreme Court's insistence on attributing dignity to states is seen by some as either obnoxious or disingenuous. But the turn to dignity in sovereignty discussions ought neither to be dismissed nor embraced without puzzling about the work that it, circa 2003, is doing. In this article, we explore the role that the term "dignity" plays in United States constitutional law by learning when, where, and why the word has been used. That excavation in turn yields several normative insights. First, although concepts of dignity can be identified in constitutional jurisprudence throughout the nation's history, the word dignity was not used in reference to personal constitutional rights by the Supreme Court until the 1940s, in the wake of World War II. During that period, legal and political commentary around the world turned to the term dignity to identify rights of personhood. Thus, dignity talk in the law of the United States is an example of the influence of the norms of other nations, transnational experiences, and international legal treaties and documents on the law of the United States. Second, we argue that the Supreme Court's reinvigoration of doctrines of internal sovereignty by endowing states with dignity is driven in part by anxiety occasioned by the very permeability of our legal system. Third, both the influences on United States
“主权”一词在美国有不止一种用法。有时,主权指的是美国在与其他国家和国际社会的关系中字面上和法律上的权力。我们称其为“外部主权”,并将其与第二种用法进行对比,即我们称之为“内部主权”,以捕捉其对美国境内州、联邦和部落政府之间关系的关注。美国最高法院目前的多数派重新使用了“内部主权”这一语言,将其作为废除或限制适用于各州的联邦立法范围的基础。法院的内部主权论点在一定程度上得到了将国家定性为尊严利益承担者的支持。几个世纪以来,主权和尊严的概念都不是一成不变的。君主曾经拥有所有的主权,只有贵族才有尊严,而今天的民主国家则颂扬公民的主权和所有人的尊严。今天,人的平等是人民主权和个人尊严概念的核心,人权法体现了这些前提。此外,在过去几十年里,被边缘化的人的集体也主张承认和自决其政治权威的权利。个人和集体要求人类尊严的呼声日益高涨,这限制了主权,因为各国不能再以主张主权为借口,完全漠视人类。考虑到尊严和人格之间的这种联系,美国最高法院坚持将尊严归于国家的做法,在一些人看来要么令人讨厌,要么是虚伪的。但是,在主权讨论中转向尊严既不应该被忽视,也不应该被接受,而不应该对它在2003年左右所做的工作感到困惑。在本文中,我们通过学习“尊严”一词在何时、何地以及为什么被使用来探讨“尊严”一词在美国宪法中所起的作用。这种挖掘反过来又产生了一些规范性的见解。首先,尽管尊严的概念可以在整个国家历史上的宪法学中找到,但直到20世纪40年代,在第二次世界大战之后,最高法院才在涉及个人宪法权利时使用尊严一词。在此期间,世界各地的法律和政治评论转向用尊严一词来确定人格权。因此,美国法律中的尊严论是其他国家规范、跨国经验和国际法律条约和文件对美国法律影响的一个例子。其次,我们认为,最高法院通过赋予国家尊严来重振内部主权原则,部分原因是由于我们法律体系的渗透性所引起的焦虑。第三,国际规范对美国法律的影响以及为避免这些影响所作的努力都清楚地表明,鉴于全球活动和技术,美国法律无法抵御外部力量。相反,这个国家的法律不可避免地(直接或间接地)与世界各地的法律发展进行对话。第四,我们认为,作为一个法律问题,尊严不应该只保留给个人。通过对“尊严判例法”的分析,我们发现了许多利用制度尊严的例子,其目的是使一个羽翼未丰的组织——无论是法院还是国家——能够发挥作用。为了清楚起见,我们把赋予非人类的尊严称为“角色尊严”,我们的意思是,尊严被赋予一个实体,使它能够为个人或群体提供有用的东西。相比之下,人们的尊严不需要根据它产生的其他商品或效果来证明,而是作为人格中固有的东西来证明。第五,也是最后一点,对制度尊严的法律承认应该比对个人尊严的承认有更窄的范围。要认可一个实体对角色尊严的主张,需要对尊严主张的目的进行语境评估,并对主张这一属性的实体的力量进行评估。我们认为,由于对人的尊严的重要性的理解有所修正,法律不应依赖制度角色-尊严作为免除国家对其行为负责的理由。事实上,被问责本身不应被视为对一个机构的角色-尊严的侮辱,而应被理解为承认该实体权力的一种机制。然而,正如我们详细介绍的那样,这种方法并不排除各国利用角色尊严来建立其他机制来承认其合法权威。
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引用次数: 15
Toward an Institutional Theory of Sovereignty 论主权的制度理论
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2003-04-03 DOI: 10.2139/SSRN.391961
Derek P. Jinks, Ryan Goodman
Scholarship in international law is preoccupied with the structural tension between state sovereignty and international obligation. This preoccupation presupposes that states incur sovereignty costs when entering binding international commitments. In our view, this presupposition requires substantial qualification. In this Article, we propose a sociological model of sovereignty that views states as organizational entities embedded in and reflecting a wider social environment. Such an approach, we maintain, illuminates the ways in which constraints empower actors (including states). Our claim is not simply that international law helps overcome collective action problems by facilitating cooperation and coordination. Rather, we maintain that the constitutive features of the contemporary nation-state - including its status as a legitimate, sovereign actor - derive from worldwide models constructed and propagated through global cultural and associational processes. In issue areas ranging from public education to environmental protection to the laws of war, these models: define and legitimate purposes of state action; and shape the organizational structure and policy choices of states. These processes (1) define the organizational form of the modern state; (2) delimit the legitimate purposes of the state; and (3) constitute states as the principal legitimate actors in the world polity. The institutionalization of world models also helps explain many characteristics of the contemporary state system, such as striking similarity in purposes and organizational structure despite diversity in local resources and cultural traditions, and structural decoupling between functional task demands and persistent state initiatives. We suggest that the insights generated by this approach recast debates about the utility and prospects of reconciling state sovereignty and international law.
国际法学者关注的是国家主权和国际义务之间的结构性紧张关系。这种关注的前提是,各国在作出具有约束力的国际承诺时要付出主权代价。我们认为,这一假设需要大量的限制条件。在本文中,我们提出了一个主权的社会学模型,将国家视为嵌入并反映更广泛社会环境的组织实体。我们认为,这种方法阐明了约束赋予参与者(包括国家)权力的方式。我们的主张不仅仅是国际法通过促进合作与协调帮助克服集体行动问题。相反,我们认为,当代民族国家的构成特征——包括其作为一个合法的、主权行动者的地位——源于通过全球文化和联合过程构建和传播的世界模式。在从公共教育到环境保护再到战争法等问题领域,这些模式:定义和合法化国家行动的目的;塑造国家的组织结构和政策选择。这些过程(1)定义了现代国家的组织形式;(二)划定国家的合法目的;(3)使国家成为世界政治中主要的合法行为者。世界模式的制度化也有助于解释当代国家体系的许多特征,例如,尽管地方资源和文化传统存在差异,但目的和组织结构却惊人地相似,功能性任务需求与持续的国家倡议之间存在结构性脱钩。我们认为,这种方法产生的见解重新引发了关于协调国家主权和国际法的效用和前景的辩论。
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引用次数: 34
The International Criminal Court and the Political Economy of Antitreaty Discourse 国际刑事法院与反条约话语的政治经济学
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2003-03-01 DOI: 10.2139/SSRN.387340
Mariano-Florentino Cuéllar
This article examines U.S. opposition to the International Criminal Court (ICC) as a case study in how domestic and international politics shape discourse against new treaty-based legal obligations. When it comes to the ICC, official U.S. government discourse repeatedly alleges process-oriented shortcomings, particularly procedural due process problems and risks of prosecutorial abuse. This tendency to emphasize process-oriented arguments is borne out in a sample of public documents with dates between February 2001 and February 2003, where U.S. government officials made statements opposing U.S. participation in the ICC. Procedural due process and prosecutorial abuse claims account for about 80% of the lead arguments (that is, arguments developed in the most detail), and about 62% of the total arguments in the sample.Just as process arguments about domestic criminal law sometimes masquerade for positions about substantive law, the process arguments against the ICC appear to under-explain the vehemence of U.S. rejection of the court. The ICC's procedural protections for defendants tend to be comparable to those in the U.S., and it is not obvious that the court's prosecutor will be free from at least some legal, political, and economic forces that also impact U.S. prosecutors. Conversely, even if the court copiously observed procedural safeguards and the prosecutor only proceeded with the utmost fidelity to the substantive law, the underlying international law the court would enforce would still interfere with unfettered military discretion likely to be valued by a number of U.S. domestic constituencies.Despite their legalistic pedigree, the process-focused arguments and the underlying rejection of the court by the U.S. government appear to reflect the impact of international and domestic politics. A focus on procedure sounds marginally more principled to international audiences than a brute realist assertion that American interests are best served by keeping unfettered control of military decisions. The process arguments and rejection of the ICC exemplify the sort of discourse that can appeal to members of the public forming opinions about foreign policy that in turn shape more general evaluations of the government. Yet this comes with costs: It elides debate over the value of the brute realist position that American military power should be subject to few meaningful constraints, and instead makes it look like the most important question is about the procedural shortcomings of a court that is precisely meant to address the arbitrariness in international criminal justice that critics use to assail it.
本文以美国对国际刑事法院(ICC)的反对为例,研究国内和国际政治如何影响反对基于条约的新法律义务的话语。当谈到国际刑事法院时,美国政府的官方话语一再指责其以程序为导向的缺陷,特别是程序正当程序问题和滥用起诉权的风险。在2001年2月至2003年2月的公开文件样本中,美国政府官员发表了反对美国参与国际刑事法院的声明,证明了这种强调以程序为导向的论点的倾向。程序正当程序和检察官滥用指控占主导论点(即最详细的论点)的80%左右,占样本中总论点的62%左右。正如关于国内刑法的程序争论有时会伪装成关于实体法的立场一样,反对国际刑事法院的程序争论似乎没有充分解释美国对该法院的强烈反对。国际刑事法院对被告的程序保护往往与美国相当,而且法院的检察官将不受至少一些影响美国检察官的法律、政治和经济力量的影响,这一点并不明显。相反,即使法院充分遵守程序保障,而检察官只是最大限度地忠实于实体法,法院将执行的基本国际法仍然会干扰不受约束的军事自由裁量权,而这种自由裁量权可能受到许多美国国内选民的重视。尽管他们有法律渊源,但以程序为中心的论点和美国政府对法院的潜在拒绝似乎反映了国际和国内政治的影响。对国际观众来说,注重程序听起来比野蛮的现实主义主张更有原则,即保持对军事决策的不受约束的控制最符合美国的利益。关于程序的争论和对国际刑事法院的拒绝是一种论述的例子,这种论述可以吸引公众形成对外交政策的看法,进而影响对政府的更普遍的评价。然而,这是有代价的:它忽略了关于残酷现实主义立场的价值的争论,即美国的军事力量应该受到很少有意义的限制,相反,它使它看起来像是最重要的问题是关于法院的程序缺陷,而这个法院恰恰是为了解决国际刑事司法中的任意性,批评者用它来攻击它。
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引用次数: 5
International Delegations, the Structural Constitution, and Non-Self-Execution 国际代表团、结构构成和非自我执行
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2003-02-26 DOI: 10.2139/SSRN.369020
C. Bradley
This Article considers the constitutional implications of U.S. delegations of authority to international institutions. Since World War II, there has been a vast growth in the number and importance of international institutions. Although some of these institutions are merely forums for discussion and negotiation, many of them exercise judicial, legislative, regulatory, investigative, or prosecutorial authority. Despite its isolationist reputation, and despite recently announcing that it would not become a party to the International Criminal Court, the United States has committed itself to many of these institutions. By virtue of these commitments, the United States has consented to have international institutions make certain decisions, and take certain actions, that can affect the United States' rights and duties under international law and, in some instances, the enforceability of U.S. domestic law. Although the number and extent of future U.S. commitments will likely vary depending on the presidential administration, the general trend internationally - as illustrated most dramatically by developments the European Union - is towards vesting ever-increasing authority in international institutions. Without prejudging their validity, transfers of authority by the United States to international institutions could be said to raise "delegation concerns." These concerns relate to democratic accountability, shifts in the balance of power between the federal branches, and erosion of the U.S. system of federalism. By transferring legal authority from U.S. actors to international actors - actors that are physically and culturally more distant from, and not directly responsible to, the U.S. electorate - these delegations may entail a dilution of domestic political accountability. This accountability concern may be heightened by the lack of transparency associated with some international decisionmaking, which in turn may increase monitoring costs and, relatedly, the potential for what economists call "rent-seeking." In addition, transfers of authority to international institutions may enhance the power of one branch of the federal government relative to the others. Specifically, these transfers may enhance the relative power of the Executive Branch, both because they often delegate the powers of other branches, and because the United States is represented in these institutions by Executive Branch agents. Finally, delegations of authority to international institutions - as with the expansion of international law more generally - have the potential to erode U.S. federalism by enhancing the power of the entire federal government vis-a-vis the states. Even if these effects seem relatively modest with respect to particular delegations, the cumulative effect may be more problematic. Although these delegation concerns are not entirely new, they have become much more pronounced in recent years. In the domestic context, similar concerns about accountability and aggra
本文考虑美国向国际机构授权的宪法含义。自第二次世界大战以来,国际机构的数量和重要性都有了巨大的增长。虽然其中一些机构仅仅是讨论和谈判的论坛,但其中许多机构行使司法、立法、监管、调查或检察权力。尽管美国有孤立主义的名声,尽管最近宣布不会成为国际刑事法院(International Criminal Court)的成员国,但美国对其中许多机构都作出了承诺。根据这些承诺,美国已经同意让国际机构做出某些决定,采取某些行动,这些决定和行动可能会影响美国在国际法下的权利和义务,在某些情况下还会影响美国国内法的可执行性。尽管美国未来承诺的数量和范围可能会因总统任期的不同而有所不同,但国际上的总体趋势——欧盟的发展最显著地说明了这一点——是向国际机构授予越来越多的权力。在不预先判断其有效性的情况下,美国向国际机构移交权力可以说引起了“授权问题”。这些担忧涉及民主问责制、联邦部门之间权力平衡的变化以及美国联邦制的侵蚀。通过将法律权力从美国行为者转移给国际行为者——这些行为者在物理上和文化上与美国选民更疏远,而且不直接对美国选民负责——这些代表团可能会削弱国内的政治责任。由于一些国际决策缺乏透明度,这种问责问题可能会加剧,这反过来可能会增加监督成本,并可能出现经济学家所谓的“寻租”。此外,将权力移交给国际机构可能会增强联邦政府一个部门相对于其他部门的权力。具体来说,这些转移可能会增强行政部门的相对权力,因为它们往往会将权力下放给其他部门,也因为美国在这些机构中由行政部门的代理人代表。最后,对国际机构的授权——就像国际法的扩展一样——有可能通过增强整个联邦政府相对于各州的权力来侵蚀美国的联邦制。即使这些影响对某些代表团来说似乎比较温和,累积的影响可能更成问题。虽然代表团的这些关切并非完全是新的,但近年来已变得明显得多。在国内背景下,关于问责制和权力扩大的类似关切通过各种权力分立和联邦制理论得到解决。我将在本文中论证,无论是从形式角度还是从功能角度来看,这些结构性宪法理论都与国际代表团有关。我还将争辩说,至少与这些代表团有关的一些宪法问题可以通过将国际机构的决定和行动视为“非自动执行”来解决- -也就是说,不能在美国境内制定可执行的联邦法律。正如我将解释的那样,这实际上是近年来美国法院在面对授权问题时直觉地遵循的方法,也是美国条约制定者和国会越来越多地要求采用的方法。
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引用次数: 38
Honesty and Opacity in Charge Bargains 诚实和不透明的管理交易
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2003-02-01 DOI: 10.2139/SSRN.384860
R. Wright, M. Miller
In "Screening versus Plea Bargaining: Exactly What Are We Trading Off?," (forthcoming, Stanford Law Review) Judge Gerard Lynch critiques "The Screening/Bargaining Tradeoff," 55 Stan. L. Rev. 29 (2002), by suggesting that plea bargaining may have virtues for prosecutors and for the entire system, and that aggressive prosecutorial screening unduly diminishes the role of defense counsel, at least in the system we have described. In his view, most plea negotiations "are primarily discussions of the merits of the case, in which defense attorneys point out legal, evidentiary or practical weaknesses of the prosecutor's case, or mitigating circumstances of the offender meriting mercy, and argue based on these considerations that the defendant is entitled to a more lenient disposition than that originally proposed by the prosecutor's charge." In this response, we part ways with Judge Lynch on both the virtues of charge bargaining and the power of defense counsel to add value during those negotiations. Based on our study of case screening practices in New Orleans, we believe that pervasive harm stems from charge bargains due to their special lack of transparency. Charge bargains, even more than sentencing concessions, make it difficult after the fact to sort out good bargains from bad in an accurate or systematic way. We do not believe that active participation by even the best defense counsel can solve this problem. Further, we believe that Lynch's image of defense participation is impossible to align with the experience in most state and local jurisdictions, including New Orleans. It matters a great deal which administrative system of criminal justice one chooses. Prosecutors have every reason to want a system that depends on negotiations for reduced charges. Such a system leaves prosecutors with overwhelming authority and discretion, and gives the public little opportunity to monitor the quality of the end product. When a prosecutor chooses to adopt a system that limits his discretion and that allows greater public scrutiny of his decisionmaking, as the New Orleans District Attorney has done, this is a reason to cheer.
在“筛选与辩诉交易:我们到底在交易什么?”(即将出版,斯坦福法律评论)Gerard Lynch法官评论“筛选/讨价还价的权衡”,55 Stan。L. Rev. 29(2002),他认为辩诉交易可能对检察官和整个系统都有好处,而积极的检察官筛选不当地削弱了辩护律师的作用,至少在我们所描述的系统中是这样。在他看来,大多数辩诉谈判“主要是讨论案件的案情,其中辩护律师指出检察官案件的法律、证据或实际弱点,或罪犯值得宽大处理的减轻情节,并根据这些考虑主张被告有权得到比检察官最初提出的指控更宽大的处理。”在这一回应中,我们与林奇法官在指控议价的优点和辩护律师在这些谈判中增加价值的力量方面分道扬镳。根据我们对新奥尔良的案例筛选实践的研究,我们认为普遍的伤害源于收费讨价还价,因为它们特别缺乏透明度。收费讨价还价,甚至比量刑让步更让人难以在事后以准确或系统的方式区分交易的好坏。我们认为即使是最好的辩护律师的积极参与也不能解决这个问题。此外,我们认为林奇参与辩护的形象不可能与大多数州和地方司法管辖区的经验一致,包括新奥尔良。选择何种刑事司法行政制度关系重大。检察官有充分的理由想要一个依靠谈判来减轻指控的制度。这样的制度使检察官拥有压倒性的权力和自由裁量权,公众几乎没有机会监督最终产品的质量。当一名检察官选择采用一种限制其自由裁量权并允许公众对其决策进行更大监督的制度时,就像新奥尔良地区检察官所做的那样,这是一个值得欢呼的理由。
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引用次数: 15
Confirming More Guns, Less Crime 确认更多枪支,更少犯罪
IF 4.9 1区 社会学 Q1 Social Sciences Pub Date : 2002-12-09 DOI: 10.2139/SSRN.372361
J. Lott, Florenz Plassmann, J. Whitley
Analyzing county level data for the entire United States from 1977 to 2000, we find annual reductions in murder rates between 1.5 and 2.3 percent for each additional year that a right-to-carry law is in effect. For the first five years that such a law is in effect, the total benefit from reduced crimes usually ranges between about $2 billion and $3 billion per year. Ayres and Donohue have simply misread their own results. Their own most generalized specification that breaks down the impact of the law on a year-by-year basis shows large crime reducing benefits. Virtually none of their claims that their county level hybrid model implies initial significant increases in crime are correct. Overall, the vast majority of their estimates based on data up to 1997 actually demonstrate that right-to-carry laws produce substantial crime reducing benefits. We show that their models also do an extremely poor job of predicting the changes in crime rates after 1997.
通过分析1977年至2000年整个美国的县级数据,我们发现,持枪权法每生效一年,谋杀率就会下降1.5%至2.3%。在这项法律生效的头五年里,犯罪减少带来的总收益通常在每年20亿到30亿美元之间。艾尔斯和多诺霍只是误读了他们自己的研究结果。他们自己的最一般化的说明,在逐年的基础上分解了法律的影响,显示了大量减少犯罪的好处。事实上,他们声称他们的县级混合模型意味着犯罪最初显著增加的说法没有一个是正确的。总的来说,他们根据截至1997年的数据所作的绝大多数估计实际上表明,持枪权法律产生了实质性的减少犯罪的好处。我们发现,他们的模型在预测1997年后犯罪率的变化方面也做得极其糟糕。
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引用次数: 64
期刊
Stanford Law Review
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