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31.
Matt King 《Criminal Law and Philosophy》2017,11(4):725-732
One way in which fact finders are supposed to determine the reasonableness of a defendant is via a counterfactual test that personifies the reasonable person. We are to imagine the reasonable person being in the defendant’s circumstances. Then we are to determine whether the reasonable person would have done as the defendant did. This paper argues that, despite its prevalence, the counterfactual test is a hopeless guide to determining defendant reasonability. In brief, the test is of the wrong sort to give fact finders the requisite guidance. What we are after is not a counterfactual judgment (what the reasonable person would do) but instead is a question of possibility (what could the reasonable person do). However, since the only thing impossible of the reasonable person is being unreasonable, personifying the reasonable person cannot offer any useful guidance on this question. 相似文献
32.
Monic P. BehnkenJonathan W. Caudill Mark T. BergChad R. Trulson Matt DeLisi 《Journal of criminal justice》2011,39(6):471
Background
Although prior criminal record and concurrent criminal charges constitute the main eligibility and aggravating circumstances used in capital sentencing, relatively little research has examined the criminal careers of offenders who are ultimately sentenced to death.Materials and Methods
Using official criminal history data for 618 incarcerated male homicide offenders selected from 8 states—191 of whom were sentenced to death—the current study explored the criminal careers of offenders that received the most severe legal punishment.Results
Poisson regression incidence rate ratio models indicated that multiple measures of prior criminal activity including contemporaneous and prior history of violence, prior incarceration, early onset of arrest, juvenile homicide offending, and juvenile child molestation were associated with subsequently being sentenced to death. Separate models for white, African American, and Hispanic males showed contrasting effects in their criminal careers and varying relationships between prior criminal career and current capital offending.Conclusion
The current study adds to the literature on lifespan criminality by applying Poisson regression analyses and a criminal careers approach to study the most extreme offenders including those sentenced to death. 相似文献33.
34.
Delisi M Trulson CR Marquart JW Drury AJ Kosloski AE 《International journal of offender therapy and comparative criminology》2011,55(8):1186-1207
The importation model is a venerable theoretical explanation for inmate misconduct but it has not been extended in nearly 50 years. The current study advances a life course importation model of inmate behavior where life events in childhood cascade to predict antisocial behavior during adolescence and misconduct occurring during periods of confinement. Based on data from 2,520 institutionalized male delinquents, ordinary least squares, logistic, and negative binomial regression models indicated that family background variables were largely predictive of multiple facets of delinquent careers. Negative binomial regression models of institutional misconduct indicated that proximal delinquent career variables were more consistently associated with misconduct than distal family background factors. Because institutional behavior can be understood as the importing of family deprivation experiences and chronic delinquency, the life course importation model is a useful conceptual framework to study crime over the life course, even including periods of confinement. 相似文献
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Matt DeLisi James O. Spruill David J. Peters Jonathan W. Caudill Chad R. Trulson 《American Journal of Criminal Justice》2013,38(4):602-615
Recently developed inmate behavior frameworks have expanded the discussion from deprivation/importation models to a life-course perspective. DeLisi and associates (International Journal of Offender Therapy and Comparative Criminology 55;1186–1207, 2011) presented the life-course importation model of inmate behavior based on a sample of state incarcerated offenders; however, their analyses were unable to distinguish indirect and direct effects of delinquent career and distal family background factors. The current study builds on the life-course importation model of inmate behavior by using path analysis to understand the direct and indirect effects of distal pre-incarceration indictors on gang-related inmate misconduct for 2,520 incarcerated youthful offenders. The findings lend support to the life-course importation model as the familial gang indicator was associated directly with individual gang affiliation, gang affiliation was associated directly with gang-related misconduct, and familial gang associations was associated indirectly with gang-related misconduct. 相似文献
38.
Matt McDonald 《Australian Journal of Public Administration》2013,72(2):171-184
This paper explores the content of the Australian foreign and defence policy agenda over the past 50 years, finding evidence of both continuity and change. Australian political leaders have generally committed to cooperation with international institutions, wealth creation through engagement with Asian economies in particular, and security through the American alliance. In this period, changes in foreign policy approach either concerned marginal issues or were driven significantly by exogenous factors: by changes in the international environment or by global events that propelled a reconsideration of Australian foreign and defence policy interests. However, periods of policy change and significant public attention in – particular around the Vietnam and Iraq wars – illustrate the continued relevance of political choices and agency. Both conflicts and debates around them ushered in changing foreign and defence policy considerations, and both raised fundamental questions about Australian security and independence in the context of the American alliance. 相似文献
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40.
Matt Ryan Gerry Stoker Alice Moseley Oliver James Liz Richardson 《Local Government Studies》2013,39(6):766-787
Interventions aimed at increasing the supply and representativeness of elected officials range from facilitative to the formally authorised. This paper reports on a field experiment aimed at testing the effect of facilitative approaches at the local level based on a collaboration between parish councils and the research team. We randomly allocated 818 parish council clerks across five counties in Southern England, either to receive information and the opportunity for member training for recruitment, or not to receive this contact. We investigated the effect of this intervention on political recruitment. Despite evidence of an effect on use of social media, our results suggest that there are significant institutional and structural barriers to participation in local politics that cannot easily be overcome using facilitative measures. 相似文献