Suchergebnisse

Intimate partner sexual violence (IPSV) is common, yet in many jurisdictions the law still does not adequately recognize it. In those jurisdictions that have formally criminalized IPSV, little is known about the extent to which IPSV-related law on the books is implemented in practice. Especially scarce is systematic quantitative evidence on the processing of IPSV cases by the justice system. We investigate unique case-level court data on the processing and sanctioning of violent sex crime cases in Belgium, a jurisdiction where the law adequately criminalizes IPSV, but where criminal judges are afforded broad sentencing discretion. Our data allow us to observe both the conviction and the sentencing decision. Consequently, we are able to address the endogenous sample selection concerns that arise in the assessment of IPSV-related sentencing disparities by estimating a full-fledged sample selection model. Upon inclusion of a broad range of defendant, victim, and other case controls, we show that defendants who are the victims' spouses or partners receive statistically significantly shorter prison sentences than defendants who are unrelated to the victims, in the sense that they are neither the victims' current or former spouses nor family. The documented extralegal disparity is quantitatively noteworthy and survives a series of robustness checks as well as alternative model specifications. Our analysis thus lends empirical credibility to the perspective that while national legislatures have often been slow to address IPSV, the justice systems may be even slower at internalizing the corresponding law. Our evidence-based insight into de facto legal responses to IPSV is of direct relevance to many jurisdictions globally.

Cover -- Half Title Page -- Title Page -- Copyright Page -- Dedication -- Contents -- Preface -- PART I: PATHWAYS TO PERFORMANCE -- No Easy Route to Success -- Attitude Determines Altitude -- Tips for Interviewees -- Arshad - A Legacy Remembered -- Success and Significance -- A Bridge Between Two Shores -- PART II: THE CONSTITUTION: PROMISE, PERFORMANCE AND PROSPECTS -- What Makes Malaysia Tick -- Time to Count Our Blessings -- Remembering Past Challenges -- Nurturing Constitutional Patriotism -- PART III: ISLAM, THE CONSTITUTION AND THE LEGAL SYSTEM -- Walking the Middle Path -- Facing a Problem of Semantics -- Reconciling Conflicting Interests -- Finding the Path of Moderation -- At Variance with the Constitution -- Syariah Laws and the Federal Constitution -- Islam and Modernity -- More Sinned Against than Sinning -- Standing Up for Religious Tolerance -- Build Bridges, Not Walls -- Bonding a Segmented Society -- Storm in a Teacup -- Walking the Harmony Line -- PART IV: ETHNIC RELATIONS -- Understanding the Social Contract -- Constitutional Basis for National Unity -- Reviving Our Winning Ways -- Malaysia's Winning Formula -- Towards a Shared Destiny -- Malay Special Position -- Problem of Defining a Malay -- Native Status in Sabah and Sarawak -- Incursions into Malay Reservations -- Honouring Bahasa Melayu -- Understanding the Spirit of Accommodation -- Strengthening National Unity -- PART V: ELECTORAL DEMOCRACY - THEORY VERSUS REALITY -- Firm Pillar of Modern Democracy -- That is Best which Works Best -- Conditions for a Free and Fair Poll -- Giving Effect to the People's Will -- Gap Between Theory and Reality -- Pros and Cons of Simple Plurality System -- Colourful History of Right to Vote -- Reforms to Enlarge the Electorate -- Principles and Paradoxes of the Electoral Process

East-West, West-West, and North-South technology relations.