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"LAW REFORM"
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THE PRESIDENT'S ROLE IN ADVANCING CRIMINAL JUSTICE REFORM
Influence of United States (US) Presidents over the US criminal justice system - obligation to use influence to enhance fairness and the effectiveness of justice - President Barack Obama's focus on criminal justice throughout his career - how the President can drive significant reform at the federal level - Presidents' role in promoting change at the local and state levels - future directions.
Journal Article
PERSISTENT NARRATIVES OF FORCE AND RESISTANCE
This article explores the persistence of narratives of force and resistance in rape trials, informed by a thematic analysis of rape trial transcripts from the County Court of Victoria, Australia, between 2009 and 2015. Legislative reform in Victoria has moved towards an affirmative consent standard, requiring active communication by all parties to a sexual act. Such a standard should safeguard against narratives of force and resistance in rape trials, and place the onus on the accused to establish consent. This article argues that the concepts of force and resistance continue to be drawn upon by prosecutors and defence counsel. Considering this evidence, this article contends that rape law reform has been largely symbolic rather than substantive in legally securing women’s sexual equality.
Journal Article
THE HIDDEN LAW OF PLEA BARGAINING
The American criminal justice system is a system of pleas. Few who know it well think it is working. And yet, identifying plausible strategies for law reform proves challenging, given the widely held scholarly assumption that plea bargaining operates “beyond the shadow of the law.” That assumption holds true with respect to substantive and constitutional criminal law—the two most studied bodies of law in the criminal justice system—neither of which significantly regulates prosecutorial power. The assumption is misguided, however, insofar as it fails to account for a third body of law—the subconstitutional law of criminal procedure—that regulates and often establishes the very mechanisms by which prosecutorial plea bargaining power is both generated and deployed.
These hidden regulatory levers are neither theoretical nor abstract. Rather, they exist in strikingly varied forms across our pluralist criminal justice system. This Article excavates these unexamined legal frameworks, conceptualizes their regulatory potential, highlights their heterogeneity across jurisdictions, and exposes the institutional actors most frequently responsible for their content. In so doing, it opens up not only new scholarly terrain but also new potential pathways to criminal justice reform.
Journal Article
Constitutionalism and Legal Change in Myanmar
Myanmar’s Constitution of 2008 was the ‘road map’ for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016, now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law. Much has been made of the Constitution’s rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform. Many issues now arise for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a ‘discipline-flourishing democracy’; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.
eBook
Reforming family law : social and political change in Jordan and Morocco
\"When Morocco issued a new family law in 2004, the reactions were overwhelming. The law was praised as a societal revolution that brought great improvements for Moroccan women, and women's groups celebrated the reform as one of their biggest achievements. There was little doubt that the law marked \"a turning point.\" The 2004 reform was the first time a new family code was issued since Morocco had codified its family law, right after independence, over the course of the years 1957 and 1958. In 1993 a number of amendments were issued to the family code for the first time since the 1950s, but they remained limited in comparison to the 2004 family code. King Muhammad VI had announced the 2004 reform on October 10, 2003, in the presence of French President Jacques Chirac, emphasizing the importance of the project not only for Moroccan women but also for the external relations of the monarchy. The French head of state then gave a speech in front of the Moroccan parliament praising the new gender relations promoted by the code and portrayed the new law as a step towards democratization. When the code was finally issued on February 5, 2004, it had already been translated into multiple languages to be handed out to journalists from around the world who had been invited to cover the event. The international media were indeed quick to commend Morocco for \"boosting women's rights.\" Overnight, Morocco became the example of family law reform in the Middle East and North Africa (MENA) region\"-- Provided by publisher.
Book
Legal Reform and Administrative Detention Powers in China
Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.
eBook