If i Go There Will Be Trouble,If i Stay There Will Be Double: Revenge Porn,Domestic Violence,and Family Offenses

New York State's current lack of legislation criminalizing the threat of revenge porn allows repetitive, invasive, and embarrassing attacks on the morality and sexuality of victims. This can have a severe impact on survivors of domestic violence who are prevented from leaving dangerous situations by threats of dissemination. Victims of revenge porn and domestic violence often face isolation, threats of violence, and thoughts of suicide. This Note proposes that threats of revenge porn become family offenses under the New York Family Court Act § 812.     

Partner Violence in Women's Prison: The Social Consequences of Girlfriend Fights

In this article, we use qualitative interviews with female inmates to examine how these women describe the consequences of girlfriend fights in prison. We find that they describe these fights as both social and pervasive. We also find that those who were counseled by staff members describe being empowered by the event. We argue that prison officials must use better methods of identifying and addressing partner violence in prison. We also recommend the use of widespread programs aimed at reducing partner violence.     

"Even If They Turn Me Out,I Will Never Leave the Country": Mikhail Gorbachev at the Literaturnaia gazeta Editorial Offices

Arkadii Udal'tsov, editor-in-chief of Literaturnaia gazeta: Three weeks ago in this same room, number 206, we met Richard Nixon. In opening the meeting, I said that at least in America there are no such things as ex-presidents. I would have liked for that tradition to have existed in our country. Just as there are no former ambassadors, so there would no longer be any former presidents.     

Supreme Court Elections: How Much They Have Changed,Why They Changed,and What Difference It Makes

This essay draws on four recent studies of elections to state supreme courts in the United States to probe widely perceived changes in the scale and content of electoral campaigns for seats on state supreme courts. 1 Evidence from these studies and other sources indicates that changes have indeed occurred, though they are more limited than most commentaries suggest. These changes stem most directly from trends in state supreme court policy that have attracted interest‐group activity, especially from the business community. Like their extent, the effects of change in supreme court campaigns have been meaningful although exaggerated by many observers. What we have learned about changes in supreme court elections has implications for choices among selection systems, but those implications are mixed and complex.     

Dissent,Litigation, and Investigation: Hitting the Powerful Where It Hurts

Environmentally harmful activity undertaken by powerful corporations receive approvals from multiple levels of government, therefore leaving the wellbeing of the environment to those individuals and organisations committed to fighting against such corporate-driven, government-backed projects. This article discusses three avenues for challenging corporate interests, drawing upon issues and events in Australia. Dissent, as illustrated by the Gunns20 case, can provide ordinary individuals with a means to democratically debate existing practices, proposals, and even the law itself. Litigation, as seen in the Carmichael mining case, can be a valuable tool in postponing environmentally disastrous activities by challenging the government’s legitimacy in approving projects that would result in environmental harm. Investigation can expose the manipulation of information presented to the public by both governments and corporations. These three areas of engagement constitute important components for effective environmental activism.     

If It Walks Like a Duck: a Case of Confirmatory Bias

Confirmatory bias is an unavoidable source of error in human judgment, which is rooted in the adaptive design of the brain for recognizing meaningful patterns. In forensic psychology, the complete elimination of confirmatory bias is worth aspiring to, but even its substantial reduction is fraught with challenges. In this brief article, I present a vignette from an actual jury trial to illustrate how a seemingly small instance of confirmatory bias led to a major blunder in expert testimony. Also, I consider how it might have been prevented.     

Revisiting the Instrumentality of Voice: Having Voice in the Process Makes People Think They Will Get What They Want

Research on procedural justice has found that processes that allow people voice (i.e., input) are perceived as fairer, and thus elicit more positive reactions, than processes that do not allow people voice. Original theorizing attributed these effects to beliefs that the provision of voice enhances people’s sense of process control, which people were assumed to value because it impacts their perceived likelihood of receiving desired outcomes (the instrumental perspective of procedural justice). Subsequent research questioned this perspective, arguing that outcome expectations do not account for the effects of voice. However, this subsequent research failed to directly examine the interplay of voice, outcome expectations, and reactions. The current studies revisit and extend research on this topic by asking whether manipulations of voice act as shared circumstance effects. Confirming an untested implication of the instrumental perspective, we show that giving everyone voice increases their belief, ex-ante, that they are likely to win an upcoming competition. However, this instrumental belief accounts for only part of the effects of voice on perceived procedural fairness and on general reactions to outcomes. Results suggest that voice does indeed have instrumental significance, an implication not adequately recognized in current justice theorizing. However, this instrumentality does not, by itself, explain why people value having a voice in processes that affect them.     

Language, Culture, and Behavior in Prison: The Israeli Case

The current study describes the everyday life of Israeli prisoners and analyzes the actions they perform and the language they use as a reflection of their constraints, distresses, worldviews, beliefs, and attitudes. Data were subjected to a content analysis, and the salience of the values, norms and argot terms were assessed using two measures, attention and intensity. The inmates’ values and norms and the argot expressions were divided into categories with reference to different aspects of prison experience: prisoners’ adherence to the code, inmates’ interpersonal loyalty, sexual behavior in prison, drugs, violence and miscellaneous.

The More You Say the Less It Means: Overreporting and Attenuated Criterion Validity in a Forensic Disability Sample

A recent publication in Psychological Bulletin by McGrath et al. (Psychological Bulletin 136:450–470, 2010) challenged the necessity of response bias indicators in applied psychological assessment on the grounds that there is insufficient empirical support that shows that they are able to moderate the prediction of substantive measures. The current study challenges their conclusions by examining the effects of response bias in a sample of 2,275 disability litigants. We utilized the validity scales of the Minnesota Multiphasic Personality Inventory-2 Restructured Form (MMPI-2-RF; Ben-Porath and Tellegen, 2008) in order to establish a group of litigants who did not exhibit evidence of overreporting and compared them to a group of overreporting litigants. The overreporting group scored significantly higher on every Restructured Clinical Scale. Moreover, we compared the criterion validity between various substantive scales on the MMPI-2-RF and extratest measures [e.g., Beck Depression Inventory-II (Beck, Steer, & Brown, 1996)] and found evidence of significantly attenuated criterion validity in the overreporting group. Implications of the study in light of the review by McGrath and colleagues are discussed.     

Opting Out: The Role of Identity,Capital, and Agency in Prison Visitation

An emerging body of research suggests that prison visitation has implications for better understanding inmate institutional and post-release behavior, but not all inmates receive visits. The goal of the current study is to document barriers to visitation from the inmate perspective and describe the perspectives of those who receive very few or no visits. We also describe how inmate perceptions of visits impacts the way one does time and negotiates subsequent visitation. Using data from qualitative interviews, we find evidence that inmates make willful decisions when negotiating prison visits that are guided by one’s sense of self and further colored by the perceived social and economic strain on families. Our results challenge the perception of a universally positive visitation experience, and introduce the role of inmate choice in selecting into and out of prison visits.     

Women in Prison in Spain: The Implementation of Bangkok Rules to the Spanish Prison Legislation

This paper aims to take a close look at the reality of female crime in Spain. On the one hand, we will focus on describing the current situation of women incarcerated in Spanish prisons, an especially vulnerable group given their peculiarities and needs. Through secondary sources, we describe the situation of discrimination against women in these prisons. On the other hand, the paper establishes whether the current Spanish prison legislation echoes all or some of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures of Freedom for Women Offenders (Bangkok Rules, 2010). To this end, a detailed analysis of both standards, national and international, is essential. As a general conclusion, although Spain has high standard prison regulations and modern facilities, female prisoners in Spanish prison are subject to discrimination. It is from such a perspective that this article proposes that the necessary changes and appropriate penitentiary policies to meet the specific needs of female prisoners are established.     

以审判为中心的诉讼制度改革:实效、瓶颈与出路

通过对2018年和2014年基层法院审理的有争议刑事案件判决书的抽样调查,并在一系列核心指标上进行对比研究,发现以审判为中心的刑事诉讼制度改革启动四年来,除了在辩护指标上有明显好转外,在证人、鉴定人出庭率等核心指标上,2018年的数据与2014年的数据相比并未观察到明显变化。以审判为中心改革的实际效果有限。究其原因,在以案卷为中心的审判认知结构和副卷集中反映的判决权威结构未发生根本性改变的情况下,改革的实际空间十分有限。深化以审判为中心改革,需要解决好以两卷问题为代表的审判认知结构和判决权威结构的问题。为重塑审判认知结构,需要弱化案卷在审判中的作用,强化被告人的对质权;为重塑判决权威结构,需要合理确定院庭长的审判监督与法官依法独立公正履行审判职责之间的界线。以审判为中心改革的深入推进,会引发审前阶段的连锁反应,客观上强化检察机关指导和控制侦查人员取证行为的合理需要。目前检察机关内部的捕诉一体化改革是这种诉求的反映。然而,满足这种需要的正确路径应当是加强侦诉一体化。     

拯救全球金融系統:國際金融改革與美國金融改革,他們願意幹這差事嗎?(上)

序言現在所稱的全球金融危機可從七個不同的危機組成的系列加以分析,這些危機對我們的影響迄今依然存在。過去三年一系列經濟事態是前所未有的:全世界仍然在應付75年來最嚴重的經濟衰退。     

I Will Tell You about Axel Hägerström: His Ontology and Theory of Judgment

In this paper I set out to read Hägerström through his own eyes, adhering to the terminology he uses in his own original work and attempting to make sense of the variance and uniformity alike that one finds in his linguistic usage. The translations we have of Hägerström's works are quite liberal, using the same word in English where the original uses different ones, and, vice versa, using different words in English where the original uses a single one in different contexts. These misleading translations of Hägerström have contributed in some measure to Hägerström's reputation for obscurity. Further, and most importantly, I will take seriously what Hägerström says about his own thought, namely, that it is dependent on that of Kant and independent of the currents of thought contemporary with Hägerström. In Section 1 , I will briefly take up the problem of consciousness that Hägerström proceeds from, and will recall something that Bertrand Russell once said, in 1928, in regard to the revolt staged in the early 20th century in Europe against German idealism. In Sections 2 and 4.1 , I will instead take up Kant for the purpose of clarifying Hägerström's theory of judgment as treated in Section 3 . In Section 4.2 , I will illustrate the difference between the notions of nothing, R‐reality, and W‐reality in Hägerström. In Sections 5 and 6 , I will examine the analysis that Hägerström offers of the principle of contradiction, and will summarize the three types of judgment he singled out, including the type he called impossible judgment (or, in my own words, pseudojudgment). In Section 7 , I will consider Hägerström views as grounding, in a transcendental way, the presupposition of the primacy of the external spatio‐temporal world, a world independent of our representations: I will consider in particular the W‐real complexes that are merely represented, as well as the spatio‐temporal world as the only W‐real complex that is not merely represented. Finally, in Section 8 , I will briefly consider some of those who have commented and translated Hägerström, this to conclude that R‐reality and W‐reality are coextensive but not synonymous.