美国的无罪裁决——从1989年到2003年

在1989年8月14日,伊利诺斯州芝加哥市库克郡巡回法院宣布1979年加利·多特森(GaryDotson)强奸案件的判决无效,并撤销了定罪裁决。多特森先生在监狱中服刑达10年之久,后来得到了假释,他并不是美国历史上第一个被无罪释放的无辜的囚犯。但是,该案是美国刑事司法历史上的一个转折点:他是第一个受益于 DNA 鉴定技术而被无罪释放的罪犯。该案掀开了美国刑事司法系统改革的帷幕。在此前,针对被错误定罪的被告作出无罪释放的裁决被视为是反常的情况。但是自从1989年以来,这种少有的事变成了一种令人不安的常见的情况。本研究报告旨在研究美国从1989年到2003年期间所作出的无罪裁决。通过调查那些作出无罪释     

The no-conflict rule: the acceptance of traditional equitable values?

Boardman v Phipps is a leading authority on the no-conflictrule. The House of Lords maintained the strict rule that historicallyequity has imposed on a fiduciary. This article explores howthe dissenting judgment of Lord Upjohn in Boardman v Phippshas been preferred by the lower courts and why the courts haveadopted such a position. This has fuelled a more general debateas to whether the no-conflict rule should be harsh or more flexible.Recent cases including Bhullar v Bhullar are discussed to illustratethe present approach of the courts to the recurring issues surroundingpossible applications of the no-conflict rule.     

Assessment of Perceived Parenting Behaviors: The Exposure to Abusive and Supportive Environments Parenting Inventory (EASE-PI)

Due to an awareness of the frequency of child abuse and lack of a single instrument to assess the extent of exposure to both the abusive and supportive environments provided by parents, a 70 item inventory (the EASE-PI) was developed that is a self-report on how both mother and father treated the respondent. A factor analysis, which was subsequently replicated, revealed three abusive factors (representing emotional, physical, and sexual abusiveness) and three supportive factors (love/support, promotion of independence, and positive modeling/fairness). The same factors emerged regardless of gender of respondent and gender of parent. The inventory provides a means to investigate the differential and interactive effects of exposure to emotional, physical, and sexual abusiveness and the possible mitigating effects of different types of supportive behaviors by each parent.     

Battered women who kill

This study assesses acquital rates using mock jurors in cases involving a battered woman charged with killing her husband. The simulated trial format was based on actual courtroom proceedings including witness cross-examination and jury deliberation proceedings. The type of plea entered was varied and reflected either self-defense, automatism, or a hypothetical plea of psychological self-defense. The severity of abuse incurred by the defendant was also varied along with expert testimony. Jurors more frequently found the defendant not guilty when a plea of automatism was entered compared to a plea of self-defense. The frequency of acquittals following a plea of psychological self-defense resulted in more acquittals than the self-defense plea but significantly fewer than the automatism plea. The likelihood of acquittal increased under conditions of severe abuse as opposed to moderate abuse. Expert witness testimony was observed to influence verdicts during juror deliberations.     

The effects of complainant age and expert psychological testimony in a simulated child sexual abuse trial

Mock jurors viewed a videotape of a simulated child sexual abuse trial and then deliberated to a unanimous verdict. The complainant was described as either a 13- or 17-year-old female child. Jurors voted to convict more often when the younger complainant was seen, and the younger complainant was rated as more credible than the older complainant. Female jurors voted the defendant guilty more often and rated the complainant as being more credible than male jurors. Jurors voted to convict more often and rated the defendant as less credible when expert psychological testimony was specific to the case than when they were presented with either general expert testimony or no expert testimony. Jurors who saw a psychological expert testify became less accepting of child sexual abuse misconceptions than those in the no expert control condition. The implications of these findings are discussed.Millbrook Correctional Centre     

Water Pollution Control In Democratic Societies: A Cross-National Analysis Of Sources Of Public Beliefs In In Japan And The United States

Postindustrial society seems to bring with it an inevitable heightening of official and public concern with environmental pollution. In light of this fact it becomes important to understand the dynamics by which public opinion is formulated in this area of public policy. What factors are associated with citizens placing concern for environmental pollution above other public policy concerns? What individual characteristics are associ- ated with the development of the view that government ought to take direct action to prevent or deal with environmental pollution? Are such factors common to postindustrial democratic societies generally? The study reported here identifies the similarities and differences in the patterns and correlates of pollution relevant beliefs and behavior in Japan (in the cities of Llishima, Fuji and Numazu in Shizuoka Prefecture] and the United States (Spokane City and County, Washington State). A comparative study of pollution policy can be especially instructive inasmuch as unique cultural, economic, historical and social patterns may generate distinctive citizen conceptions of desired policy outcomes and means to achieve them.     

Variables affecting parole outcomes

A comparison of parole officers and parole violators perceptions on factors related to recidivism was conducted to provide information which could contribute to increasing parole effectiveness and the development of correctional treautment strategies. The total population of parole viotators from a medium security correctional institution, and a systmatic random sample of parole officers were selected to form the research sample. The study consisted of 54 parole violators and 50 parole officers. The study necessitated the construction of a questionnaire. The variables under study included police and courts, society, parole supervision, imprisonment selfcontrol, personal attitude, and employment. A oneway analysis was conducted to compare the perceptions of the sample of parole officers and parole violators. Analysis of the data indicated that parole officers and parole violators view factors related to recidivism in markedly different ways. The author expresses special thanks for assistance and support to Dr. Billy Bramlett, Dr. Greg Riede, Dr. George Beto and Dr. Rodney Henderson, all of the College of Criminal Justice Institute, Sam Houston University.