Trends and Developments in Program Evaluation in General and Criminal Justice Programs in Particular

The paper first describes general trends in evaluation in (mainly) western societies. Why is evaluation growing, what are the characteristics of this ‘growth industry’ and what developments are occurring outside western societies? Trends in the evaluation of criminal justice programs in the USA, the UK and the Netherlands are then discussed. Two important developments are therafter highlighted: experimental evaluations and theory-driven evaluations. Both approaches are discussed, and some pros and cons are listed. Finally, the paper outlines some challenges for future work in the evaluation of criminal justice programs, stressing the importance of combining good designs with both program and social science theories.     

试论竞争政策与贸易政策的关系

竞争政策与贸易政策都是基本的经济政策,并且在主要方面都体现为相应的经济法律制度.在现代社会,竞争政策与自由贸易政策在追求的目标和面临的现实条件方面具有一致性,在功能上具有相互促进和补充的作用,但是两者在作用的领域、价值观念和取向以及具体处理和作用的方式等方面存在内在的差异性和潜在的冲突.     

包含名宾心理动词的事件句和非事件句

事件句和非事件句是从认知语言学的角度上界定出的一对语法语义范畴.在句法层面上,事件句、非事件句和构句成分有相互的选择关系.在不同的句法结构中,心理动词的语义表现为属性义和非属性义.当心理动词表现为属性义时,由心理动词作谓语述语构成的句子是非事件句;当心理动词表现为非属性义时,由心理动词作谓语述语的句子是事件句.     

Making non-discriminatory fitness-for-duty decisions about persons with disabilities under the Rehabilitation Act and the Americans with Disabilities Act

This article describes an assessment role performed by clinical psychologists in the employment context, and examines how it has been evaluated by the courts from the standpoint of discrimination against persons with disabilities. Guidelines are offered for making fitness-for-duty decisions which are legally defensible, and examples of the decision-making process are provided. Data-based limitations on professional expertise are articulated, and conclusions drawn are aimed at practicing psychologists and the courts dealing with these uncertainties. Issues are analyzed principally in courts dealing with these uncertainties. Issues are analyzed principally in relation to Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), which has been passed by both houses of Congress.     

伤残评定标准及赔偿方式的比较研究

目的比较目前司法实践中常用的伤残评定标准及赔偿方式,以揭示目前我国人身伤害民事赔偿中存在的现实问题。方法时目前司法实践中常用的工伤标准、交通标准、普通伤害标准三大标准的内容进行比较;对与上述三大标准相对应的赔偿方式进行比较。结果（1）就标准的内容来看：三大标准中伤残条款的设立、级剐有显著的区别,同种损伤依据不同的标准评定,其伤残评定结果差异明显,“同伤不同残”现象较为普遍。（2）就标准的宽严尺度来看：工伤标准宽泛,门槛低,级别评定较高;而交通、普通伤害两个标准严格．门槛高,较轻的损伤不易评定为残疾。（3）就标准的架构来看：工伤标准、普通伤害标准在架构上严谨;而交通标准不够严谨,分级过于简单且涵盖内容不全。（4）就标准的强制力来看,交通标准为国家强制标准,级别最高．工伤标准其次,为国家推荐标准。普通人身伤害标准级别最低,目前尚无全国统一的标准;有的省适用自制标准（如江苏、北京）,有的省适用工伤标准,有的省适用交通标准,其效力常常遭到质疑。（5）就三种损伤类型的赔偿体系来看：赔偿方式各不相同,赔偿额差距显著,“同伤不同价”现象突出。因为目前全国没有统一的普通人身伤害标准．地方对伤残标准及赔偿方式的应用极为混乱,有的地方以宽松的残疾标准（如工伤标准）评定伤残,再配以目前普通伤害案件宽松的赔偿方式,其结果是赔偿额大幅增加,造成明显的司法不公。结论上述问题的解决应从伤残评定的医学标准着手,目前急需制定一部适用于普通伤害的残疾评定标准,这样可以确保在每一赔偿体系中,均存在与其相配套的医学评定标准,以避免因鉴定标准的不同引发的司法不公。     

Who Wants Informal Courts? Paradoxical Evidence from a Yugoslav Attempt to Create Workers' Courts for Labor Cases

The comrades' courts of the East European socialist countries are considered by those who favor alternative means of dispute resolution to be admirable examples of informal courts in modern industrial societies. However, these courts have not been extensively investigated. This article presents the results of an intensive observational study of one kind of socialist alternative court, the Yugoslav Courts of Associated Labor, comparing them with an ideal model of informal courts and with the available data on comrades' courts in other East European socialist countries. We find that, in contrast with the latter, the Yugoslav courts are indeed workers' courts, in the sense that they are used by workers—over 90% of their cases are brought by individual workers. On the other hand, they are not workers' courts in the sense of being controlled by workers—they are instead dominated by legal professionals. We conclude that these Yugoslav courts are attractive to individual workers precisely because they are not informal, social courts, but rather are independent legal agencies from which workers may receive unprejudiced decisions and substantial remedies.     

A review of Anglo-American forensic professional codes of ethics with considerations for code design

Continuing instances of ethical misconduct and recent advances in the practice of forensic science, the latter reflected by increased growth and professionalism, along with heightening public scrutiny, require that the profession be clear, current, and forthright about its core values. A way of expressing these values is through the codes of ethics of its professional membership organizations. Codes of ethics/conduct from 14 Anglo-American professional forensic membership organizations are reviewed for their clarity, construction, cogency, and the normative form of their provisions. Ethical precepts from the forensic codes reviewed are organized, in summary fashion, by obligation form and application context. Functions that professional codes have served in other professions are described. The codes are found to vary considerably. Some provisions are unclear, and most of the codes are less than comprehensive. There is very little guidance for application of ethical obligations in any of the codes reviewed. Suggestions for redesign, with a partial example, are provided.     

Issues in the treatment of asian sexual offenders

Abstract

This aper considers the scant literature in the field of child sexual abuse in Asian families, and reports the authors' involvement with four male Asian sexual offenders. The therapeutic approach used with the offenders is described, and clinical themes arising from their treatment are identified. Issues and difficulties in therapy are discussed, in particular personal issues arising for the therapists. It is concluded that Asian sexual offenders are a group who have been neglected in the literature and in treatment, partly, perhaps, because they are infrequently referred to treatment services in comparison with non-Asian sexual offenders. Particular therapeutic issues relating to the treatment of immigrant Asians who do not speak English are raised and further research needs are identified in relation to this patient group.     

宪法性法律的性质界定

宪法性法律是法律而不是宪法 ,它们与其它法律一样都是对宪法的“规则化” ,但又与其它法律明显不同 :宪法性法律是“宪法”法 ,是“国家”法 ,是“权力”法和“权利”法。它们通过将宪法内容具体化、程序化来保障宪法。我国的宪法性法律在数量上和质量上都有欠缺 ,这是我国宪法不能有效实施的重要原因之一     

哈特社会规则理论的限度

哈特以社会规则理论为核心阐释法律的概念,使规则区别于习惯,并将法律视为初级规则与次级规则的结合。同时,社会规则理论也具有一定的限度,这集中表现在,根据哈特的理论,在法体系之下,作为法律规则的初级规则的成立并不以其具有社会规则这一身份为必要条件。被制定出来的法律规则能够经由通过法体系效力判准的检验而在其被真正实践之前就成立,因此,有些法律规则不是社会规则,社会规则理论不能适用于所有的法律规则。     

Designing Heart‐Based Systems to Encourage Forgiveness and Reconciliation in Divorcing Families

Conflicts in intimate relationships are often accidental, occasional, and unique; yet they are also systemic, repetitive, and alike. For this reason, they are amenable to systemic analysis and resolution by altering them at their chronic sources and applying the preventative methodology of conflict resolution systems design. The central difficulties with using traditional forms of conflict resolution systems design in marriages, couples, and families are that they do not effectively address the emotional meaning or significance of the conflict within the relationship; are not grounded in the heart; and do not address the intimate, relational aspects of intimate, affective conflicts. Marriages and families are deeply sensitive, highly complex emotional relationships that require systems design methodologies that are profoundly informed by the heart. This article proposes a heart‐based systems design approach that includes forgiveness and reconciliation for use in marriages and families, including those that end in divorce.

Key Points for the Family Court Community:
• Conflicts in intimate relationships are accidental, occasional, and unique; yet they are also systemic, repetitive, and alike.
• Marriages and families are deeply sensitive, highly complex emotional relationships that require systems design methodologies that are profoundly informed by the heart.
• It is possible to create a heart-based systems design approach to marital, family and divorce conflicts that includes forgiveness and reconciliation.

     

BITING ONCE,TWICE: THE INFLUENCE OF PRIOR ON SUBSEQUENT CRIME LOCATION CHOICE

Properties, victims, and locations previously targeted by offenders have an increased risk of being targeted again within a short time period. It has been suggested that often the same offenders are involved in these repeated events and, thus, that offenders’ prior crime location choices influence their subsequent crime location choices. This article examines repeated crime location choices, testing the hypothesis that offenders are more likely to commit a crime in an area they previously targeted than in areas they did not target before. Unique data from four different data sources are used to study the crime location choices of 3,666 offenders who committed 12,639 offenses. The results indicate that prior crime locations strongly influence subsequent crime location choices. The effects of prior crime locations are larger if the crimes are frequent, if they are recent, if they are nearby, and if they are the same type of crime.     

Social Class and Delinquent Behavior in a National Youth Panel: 1976–1980

This article addresses the question of whether or not a more adequate measure of self-reported delinquency applied to a representative national sample would reveal class differences in r l e l i m that have not been found in earlier self-report studies. The methodological criticisms of earlier self-report measures are reviewed, a new self-report measure is described, annual sex-by-class-specific prevalence and incidence rates based on this measure are presented for a national youth panel for the years 1976 through 1980, and the implications of the class findings are discussed. Class differences in both prevalence and incidence are found for serious offenses. For males, class differences are also found in the incidence of nonserious offenses and global delinquency Class differences are more pervasive and stronger when using an incidence as opposed to a prevalence measure. Criticisms of earlier self report measures appear Justified, calling into Question conclusions about the distribution of delinquency in the adolescent population which are based on prim self-report data.     

Determination of illicit drugs in seized materials: role of sampling and analysis in estimation of measurement uncertainty

The determination of illicit active ingredients in seized materials, in order to assess penal or administrative offences, is routinely carried out in many forensic toxicology laboratories. This paper presents main features of the protocol adopted in the Authors' laboratory for the above investigations. In particular, sampling and analysis are considered as the same measurement process quantifying their combined contribution to overall measurement uncertainty. Aspects concerning representative sampling in the case of single and multiple items are discussed. The effects of material heterogeneity are considered by analyzing separately distinct primary samples taken from different parts of the sampling target. Possible errors due to particles dimension that could arise when sub-sampling are also considered. Analytical precision, bias and other matrix effects are studied in order to quantify the component of the overall measurement uncertainty associated to the analysis of prepared test samples. Typical scenarios arising when measurement results are used to assess compliance with specification limits are also discussed revealing the crucial role of measurement uncertainty.     

UNIFIED FAMILY COURTS

Fragmented court systems are especially problematic for domestic violence victims because they typically are involved in more than one proceeding that stems from the same pattern of abuse. The proceedings are handled in different courts and before different judges, who are often unaware of these orders being issued in other proceedings. Consequently, conflicting orders are prevalent and the protection and needs of victims are often not met. A unified family court, on the other hand, provides one court with the subject-matter jurisdiction to handle all family-related matters and one judge to hear all cases that involve a single family, resulting in conflicting orders being issued less frequently. Additionally, the needs of victims are better served as a result of the services component. Given the fragmented state of the court systems in New York and Pennsylvania, United States; Alberta, Canada; and Australia, unified family courts should be implemented in each locality.     

Y-SNP-genotyping - a new approach in forensic analysis

Y-chromosomal DNA polymorphisms, especially Y-STRs are well established in forensic routine case work. The STRs are used for identification in paternity deficiency cases and stain analysis with complicate mixtures of male and female DNA. In contrast, Y-chromosomal SNPs are a new tool in forensic investigations. At present, Y-SNPs are mainly used in molecular anthropology for evolutionary studies. Nevertheless, these markers could also provide very useful information for the analysis of forensic cases. The aim of the presented study was to test Y-SNP-typing for stain analyses using different methods-SNaPshot and MALDI-TOF MS. Both methods are based on the principle of minisequencing. The selected Y-SNP markers are suited to define the most important European haplogroups.     

PARTICIPATION IN CRIME PARTNERSHIPS BY FEMALE DRUG USERS: THE EFFECTS OF DOMESTIC ARRANGEMENTS,DRUG USE,AND CRIMINAL INVOLVEMENT*

Research findings on the crime patterns of women suggest that social changes in gender roles are associated with increased female criminality. Some researchers note that the increasing participation of women in established criminal organizations increases female crime levels in general, Other researchers demonstrate that involvement with deviant boyfriends or husbands in particular not only introduces women to addictive drugs, but also contributes to greater crime participation. Measures of the domestic network, crime commitment, drug use, ethnicity, and participation in vice and predatory crimes are used to focus on women's formation and participation in crime partnerships. Findings reveal that ethnicity, living with boyfriends or husbands, high levels of crime commission, particularly while carrying weapons, and participating in vice and predatory crimes are factors that are shared by a number of crime partnerships. On the other hand, having children raised by others, a history of incarceration and arrest, and opiate use are factors that are important for specific crime partnerships; therefore, these factors are unique considerations that relate to the likelihood that criminal partnerships will develop.     

试论制贩新型毒品犯罪的特点、原因及对策

受国际毒潮的渗透和影响,我国新型毒品违法犯罪来势凶猛、发展迅速,社会危害日显突出新型毒品制贩犯罪活动呈现出国际化、现代化等特征。造成新型毒品日益严重的原因主要是制造新型毒品的原材料易购、制造工艺简单、新型毒品的科技含量日益加强,而娱乐场所为新型毒品犯罪提供了理想的温床。对此,应广泛深入的发动群众,拓展宣传教育的深度和广度;依法严厉打击毒品犯罪;加快科技强警的步伐,为构建和谐社会创造良好的社会环境。     

Criminal victimization of the elderly: An overview

This paper reviews existing literature and examines three questions : a) the nature and extent of criminal victimization of the elderly, b) the impact of crime on the lives of the elderly, and c) suggested crime prevention measures. One finds that contrary to popular opinion the elderly are less frequently criminally victimized than persons in younger age groups. The 1966 NORC survey, 1972 Denver Victimization Survey, and the 1973 LEAA Survey, all show that the elderly in comparison to younger age groups are victimized less frequently for most personal crimes. However, there is variability in regard to who among the elderly are more likely to be victimized. In profile the elderly at highest “risk” are single females who are socially isolated, have physical or mental impairments, incomes below $3000 per year, and live in or near high crime areas. Despite the fact that the elderly are less frequently victimized than others their “fear of crime” is greater, and has been increasing since 1965, than other age groups. Many factors are important in fueling their fear. Some of the more important concerns are the elderly’s physical and emotional vulnerability, especially in high crime areas, and their isolation (both socially and self-imposed) from others within a community. There are, however, efforts being made to further protect the elderly against crimes and to reduce their fear. Several examples of existing programs established in an effort to ameliorate the problems are specified. Also, suggestions, based on research findings, are made which could further deter crimes against the elderly and lessen the insidious fear of crime that exists.     

Who's on the line? Policing and enforcing laws relating to mobile phone use while driving

This article investigates how laws relating to mobile phone use in cars are written, interpreted and applied in real life. It explores how regulations are imposed, the difficulties that are encountered in terms of enforcement, and how laws have been policed and tested in court. By focusing on the socio-legal context in Victoria and drawing upon international comparisons, we see that stories of enforcement highlight the unique and particular questions asked of existing legal systems by motorists using a mobile phone. Moreover, in describing the problematic process of developing and implementing legal regulations, we see that road rules are struggling to adapt to a transitional technology and that there are significant obstacles to enforcing the laws.