American Justice In Taiwan
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Author | : Stephen G. Craft |
Publisher | : University Press of Kentucky |
Total Pages | : 301 |
Release | : 2016-01-29 |
Genre | : History |
ISBN | : 0813166365 |
On May 23, 1957, US Army Sergeant Robert Reynolds was acquitted of murdering Chinese officer Liu Ziran in Taiwan. Reynolds did not deny shooting Liu but claimed self-defense. Reynolds's acquittal sparked a series of riots across Taiwan. In 'American Justice in Taiwan' author Stephen G. Craft provides the first comprehensive study of the causes and consequences of the Reynolds trial and the ensuing protests.
Author | : Jerome A. Cohen |
Publisher | : Springer |
Total Pages | : 692 |
Release | : 2019-05-16 |
Genre | : Law |
ISBN | : 9811303509 |
This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.
Author | : Stephen G. Craft |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
Author | : Ted Galen Carpenter |
Publisher | : Macmillan + ORM |
Total Pages | : 322 |
Release | : 2015-03-31 |
Genre | : Political Science |
ISBN | : 146689301X |
One issue could lead to a disastrous war between the United States and China: Taiwan. A growing number of Taiwanese want independence for their island and regard mainland China as an alien nation. Mainland Chinese consider Taiwan a province that was stolen from China more than a century ago, and their patience about getting it back is wearing thin. Washington officially endorses a "one China" policy but also sells arms to Taiwan and maintains an implicit pledge to defend it from attack. That vague, muddled policy invites miscalculation by Taiwan or China or both. The three parties are on a collision course, and unless something dramatic changes, an armed conflict is virtually inevitable within a decade. Although there is still time to avert a calamity, time is running out. In this book, Carpenter tells the reader what the U.S. must do quickly to avoid being dragged into war.
Author | : Lung-chu Chen |
Publisher | : Oxford University Press |
Total Pages | : 441 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0190601124 |
This volume describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. Lung-Chu Chen gives particular attention Taiwan's status under international law and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan.
Author | : William J. Stuntz |
Publisher | : Harvard University Press |
Total Pages | : 425 |
Release | : 2011-09-30 |
Genre | : History |
ISBN | : 0674051750 |
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
Author | : Richard A. Leo |
Publisher | : Harvard University Press |
Total Pages | : 385 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 0674033701 |
"Read him his rights." We all recognize this line from cop dramas. But what happens afterward? In this book, Richard Leo sheds light on a little-known corner of our criminal justice system--the police interrogation. Incriminating statements are necessary to solve crimes, but suspects almost never have reason to provide them. Therefore, as Leo shows, crime units have developed sophisticated interrogation methods that rely on persuasion, manipulation, and deception to move a subject from denial to admission, serving to shore up the case against him. Ostensibly aimed at uncovering truth, the structure of interrogation requires that officers act as an arm of the prosecution. Skillful and fair interrogation allows authorities to capture criminals and deter future crime. But Leo draws on extensive research to argue that confessions are inherently suspect and that coercive interrogation has led to false confession and wrongful conviction. He looks at police evidence in the court, the nature and disappearance of the brutal "third degree," the reforms of the mid-twentieth century, and how police can persuade suspects to waive their Miranda rights. An important study of the criminal justice system, Police Interrogation and American Justice raises unsettling questions. How should police be permitted to interrogate when society needs both crime control and due process? How can order be maintained yet justice served?
Author | : Steven M. Goldstein |
Publisher | : John Wiley & Sons |
Total Pages | : 176 |
Release | : 2015-11-12 |
Genre | : Science |
ISBN | : 0745696112 |
Relations between Taiwan and the Peoples Republic of China have oscillated between outright hostility and wary detente ever since the Archipelago seceded from the Communist mainland over six decades ago. While the mainland has long coveted the island, Taiwan has resisted - aided by the United States which continues to play a decisive role in cross-strait relations today. In this comprehensive analysis, noted China specialist Steven Goldstein shows that although relations between Taiwan and its larger neighbor have softened, underlying tensions remain unresolved. These embers of conflict could burst into flames at any point, engulfing the whole region and potentially dragging the United States into a dangerous confrontation with the PRC Guiding readers expertly through the historical background to the complexities of this fragile peace, Goldstein discusses the shifting economic, political and security terrain, and examines the pivotal role played by the United States in providing weapons and diplomatic support to Taiwan whilst managing a complex relationship with an increasingly powerful China. Drawing on a wealth of newly declassified material, this compelling and insightful book is an invaluable guide to one of the worlds riskiest, long-running conflicts.
Author | : Richard C. Bush |
Publisher | : Rowman & Littlefield |
Total Pages | : 435 |
Release | : 2005-11-01 |
Genre | : Political Science |
ISBN | : 0815797818 |
The relationship between Taiwan and China is a paradox. On the one hand, the two economies are becoming increasingly integrated, as Taiwanese companies have come to regard the mainland as the best place to manufacture their products and maintain global competitiveness. On the other hand, the long-running and changing political dispute between the two governments remains unresolved. Each side fears the intentions of the other and is acquiring military capabilities to deter disaster. In its pursuit of peace in the Taiwan Strait, the United States could get drawn into a war between the two rivals. Richard C. Bush, whose career has been dedicated to Taiwan-China issues, explores the conflicts between these nations and the difficulties that must be resolved. Disagreements over sovereignty and security form the core of the dispute. What would be the legal status and international role of the Taiwan government in a future unified China? Given China's growing military power, how could Taiwan feel secure? Complicating these issues are domestic politics and international competition, as well as misperceptions on both sides. Thus multiple obstacles prevent the two sides from even getting to the negotiating table, much less reaching a mutually acceptable resolution. For reasons of policy and politics, the United States is constrained from a central role. To begin with, it must provide China with some reassurance about its policy in order to secure cooperation on foreign policy issues. At the same time, it must bolster Taiwan's political confidence and military deterrence while discouraging provocative actions. The arcane nature of this dispute severely restricts the role of the United States as conflict mediator. But if there is to be any solution to this conflict, the comprehensive analysis that this book provides will be required reading for effective policy.
Author | : Jerome Alan Cohen |
Publisher | : US-Asia Law Institute Books |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Disorderly conduct |
ISBN | : 9781614729341 |
Challenge to China: How Taiwan Abolished Its Version of Re-Education Through Labor draws attention to an underappreciated aspect of legal reforms in Taiwan, and asks how Taiwan's experience might be relevant to its giant neighbor across the Taiwan Strait. This timely book by Jerome A. Cohen, whose groundbreaking work in the 1960s laid a foundation for the expanding field of Chinese law, and Margaret K. Lewis, professor at Seton Hall University School of Law and an expert on Taiwanese and Chinese law, will be valuable to lawyers, judges, and criminal justice professionals, as well as to anyone interested in the development of criminal justice systems. The Chinese leadership has for years claimed that it would soon abolish the infamous labor camps for its police-dominated system of "re-education through labor" (RETL) but so far has not taken steps to do so. Although the country's new leadership has signaled that they may finally reform, or perhaps even eliminate, RETL, it is still a reality in Mainland China. Taiwan, however, abolished its own similar system of labor camps for liumang -- very loosely translated as "hooligans" -- in 2009, standing as a challenge to Mainland China to outlaw, at last, its analogous system. Taiwan's success in curbing arbitrary police power challenges its neighbor across the strait to follow through on years of false starts on reining in the most egregious exercises of unfettered police power. For source material, the book looks to Taiwan's conventional laws, rules, and regulations; judicial decisions and other government publications; scholarly writings; newspaper and magazine articles; the authors' conversations with judges, prosecutors, lawyers, police, and scholars; and visits to government agencies, police stations, and even the institutions for punishing liumang. The book's crisp, clear presentation makes it accessible to the general reader as well as to China specialists.