什么样的“闹大”成功了?--基于40个案例的定性比较分析

社会中层出不穷的"闹大"是公共治理状况的一面"镜子",也是转型时期政策议程建构的重要路径。本文采用清晰集定性比较分析(csQCA),对2003-2019年发生的40个"闹大"案例进行比较研究。研究结果表明,上级(层)政府支持是"闹大"成功的必要条件。推动"闹大"成功的充分条件组合共有八种,可具体归纳为制度框架使用模式、集体施压模式、专家引导模式和暴力强推模式等四种解释模型。公民"闹大"成功是多个条件组合的结果,在核心条件发挥基础作用的前提下,适当的辅助条件更容易触发政策议程,推动问题解决。文章为公民"闹大"的行动逻辑提供了新的因果解释机制,也为理解形形色色的"闹大"现象提供了新的理论工具。     

A mixed DNA profile controversy revisited

Semaan et al. (J Forensic Res, 2020, 11, 453) discuss a mock case “where eight different individuals [P₁ through P₈] could not be excluded in a mixed DNA analysis. Even though … expert DNA mixture analysis software was used.” Two of these are the true donors. The LRs reported are incorrect due to the incorrect entry of propositions into LRmix Studio. This forced the software to account for most of the alleles as drop-in, resulting in LRs 60–70 orders of magnitude larger than expected. P₁, P₂, P₄, P₅, and P₈ can be manually excluded using peak heights. This has relevance when using LRmix which does not use peak heights. We extend the work using the same two reference genotypes who were the true contributors as Semaan et al. (J Forensic Res, 2020, 11, 453). We simulate three two-donor mixtures with peak heights using these two genotypes and analyze using STRmix?. For the simulated 1:1 mixture, one of the non-donors’ LRs supported him being a contributor when no conditioning was used. When considered in combination with any other potential donors (i.e., with conditioning), this non-donor was correctly eliminated. For the 3:1 mixture, all results correctly supported that the non-donors were not contributors. The low-template 4:1 mixture LRs with no conditioning showed support for all eight profiles as donors. However, the results from pair-wise conditioning showed that only the two ground truth donors had LRs supporting that they were contributors to the mixture. We recommend the use of peak heights and conditioning profiles, as this allows better sensitivity and specificity even when the persons share many alleles.     

论税收法定原则的司法化

税收法定原则的司法化是“全面落实税收法定原则”的必然要求,而传统理论疏漏了其中的司法内涵,导致税收法定原则出现了作为基本原则却难以直接指导和适用于税收司法的悖论。鉴于税收法定原则与罪刑法定原则的亲缘性,发展相对成熟的罪刑法定原则可以为完善税收法定原则的内涵构成提供三点启示。同时,结合税收法定原则的固有内容,税收法定原则的司法化应当在适用范畴上向司法原则扩围,价值层次上向实质正义升华,法定程度上向相对法定适当松动。据此,三路并进,税收法定原则的司法内涵得以全面、系统的补漏。税收法定原则司法内涵的完善将有助于打破税收法定原则司法化的理论困局,助推“全面落实税收法定原则”法治图景的实现。     

Observer determination of the make,model, and year of questioned vehicles

Often, criminal acts involving a vehicle are caught on digital video surveillance systems. While potentially useful for an investigation, the recording conditions are typically less than optimal for the extraction of key information for the identification of the perpetrator, such as a license plate. Providing the make, model and year of a questioned vehicle is a common request for examiners, to narrow the field of potential suspect vehicles. This study seeks to compare the performance of a nonpeer-reviewed make, model, and year determination between two separate groups, specifically, trained forensic image examiners and nontrained individuals. Results show that even with varied image capture conditions and quality, the trained forensic image examiners more correctly and completely identified the test group of questioned vehicles make, model, and year.     

Harming America: Corporate Crime in a Context of Deregulation

ABSTRACT

Like many Republican presidential candidates before him, Donald J. Trump campaigned on a pro-business, anti-regulation platform, and since his election in November 2016, he has directed his administration to move forward with deregulation in many arenas, including consumer financial protections, environmental controls, and workplace safety among others. Past efforts to roll back regulations governing certain industries, such as the savings and loan and the mortgage industries, have had harmful consequences for the general public or for specific interest groups. In this study, we review what the Trump administration has accomplished with regard to deregulation to date. Then, based on past deregulatory fiascos, we theorize the harmful collateral consequences that may result from this most recent swing of the regulatory-deregulatory pendulum.     

Psychopathy and Female Gender: Phenotypic Expression and Comorbidity; A Study Comparing a Sample of Women Hospitalized in Italy's Maximum Security Facility with Women Who were Criminally Sentenced and Imprisoned,

Various studies have shown that women with psychopathy tend to commit crimes that are less violent than those of psychopathic men. The present study was designed to address the influence of psychopathy on the crimes committed by female offenders. A national sample of female offenders found NGRI or of diminished responsibility and at risk for criminal recidivism (OPG patients) was compared with a sample of female offenders who were convicted and imprisoned. Results of this comparison between the two groups of female offenders indicate that psychopathy is a transversal psychopathological dimension which may or may not be associated with other mental disorders. In both samples, the most commonly reported offenses among women with high PCL‐R scores were minor offenses, not particularly violent, but they appear to be related to typical psychopathic features such as superficial charm, pathological lying, and manipulation.     

Defenders of Freedom or Perpetrators and Facilitators of Crimes? Beyond Progressive Retreatism in the Trump Era

ABSTRACT

Heavily influenced by broad definitions of crime developed by a few pioneering critical criminologists, the main objective of this article is to provide evidence showing that the current Trump administration is a regime that commits crimes of the powerful and facilitates some types of interpersonal violence in private places. Special attention is devoted to direct and in-direct state-perpetrated violent crimes against women.     

网络信息安全犯罪的定量评价困境和突围路径——大数据背景下网络信息量化标准的反思和重构

刑法对网络安全的保护立场，正由网络运行安全转向网络信息安全。刑事立法更新不断增设网络信息安全专属罪名的同时，刑事司法的定量评价体系却未能一体构建，成为网络安全刑法保护的薄弱环节。当前网络信息安全犯罪的定量评价体系缺乏明确的逻辑主线，同时适用错位的“传统法益侵害程度”量化标准和模糊的“数据规模”新型量化标准，无法满足网络信息安全专属罪名司法适用的准确性和统一性需求，导致了司法适用的困境。消弭规范和技术之间的差异，以“信息规模”为定量评价核心的基础上，建构信息价值的分层评价模型，并将“组信息”作为基础的数据规模计量单位，是大数据时代背景下，突破网络信息安全犯罪司法定量评价困境的合理路径。     

Improved Area of Origin Estimation for Bloodstain Pattern Analysis Using 3D Scanning

An important component of crime scene reconstruction is bloodstain pattern analysis (BPA). Where BPA concerns impact patterns, estimating the area of origin is critical information for scene reconstruction. Traditionally, this is achieved by measuring individual bloodstains and performing trigonometric calculations; however, 3D scanning has been proposed as a viable alternative for overcoming logistical and practical concerns with the manual method. Therefore, this project aimed to establish whether the FARO Focus 3D scanner and FARO Zone 3D software can improve the accuracy of area of origin estimates relative to the manual method. We created a series of eight bloodstain impact patterns and performed paired analysis using the two methods to estimate areas of origin for each pattern. Our data suggested that FARO-derived estimates were generally more accurate than using the manual method. FARO-estimated heights of origin areas were generally closer to the true distance. Both methods underestimated the distance from the wall for most patterns originating 150mm or greater from the wall, but overestimated distances for patterns originating closer to the wall. The degree to which distances were underestimated increased significantly the further the blood source was from the wall and was greater for FARO-derived estimates. The results of this research contribute to the validation of these instruments for operational implementation for BPA and should be considered alongside the practical benefits of 3D scanning relative to manual methods. Further, 3D scanning can provide reliable BPA reconstruction documentation for technical review and court presentation.     

论人工智能赋值国家治理:方法、视角与维度

赋值是智能政治学的重要研究课题,赋值研究是智能政治学的重要分析方法。人工智能赋值国家治理,从分析视角来看,表现为人工智能科学、人工智能技术、人工智能形态和人工智能体对国家治理的多重赋值和多源性影响作用。从分析维度来讲,表现为人工智能从赋益、赋义、赋能、赋权、赋则和赋责等多维度影响作用或赋值国家治理,甚至推动国家治理从"人工智能+国家治理"的形式赋值质变为"人机智能治理"的实质赋值。选择"赋值"术语工具、赋值理论和赋值分析方法,以分析研究人工智能影响作用国家治理,将有助于探明人工智能赋值国家治理的理论逻辑、历史逻辑和实践逻辑,从而推动智能政治学以及国家智能治理问题的理论研究和学术创新。