Emotional Experiences and Motivating Factors Associated with Fingerprint Analysis

Abstract: In this study, we investigated the emotional and motivational factors involved in fingerprint analysis in day‐to‐day routine case work and in significant and harrowing criminal investigations. Thematic analysis was performed on interviews with 13 experienced fingerprint examiners from a variety of law enforcement agencies. The data revealed factors relating to job satisfaction and the use of skill. Individual satisfaction related to catching criminals was observed; this was most notable in solving high profile, serious, or long‐running cases. There were positive emotional effects associated with matching fingerprints and apparent fear of making errors. Finally, we found evidence for a need of cognitive closure in fingerprint examiner decision‐making.     

Assessing the Effect of Batterer Program Completion on Reassault: An Instrumental Variables Analysis

The main objective of this paper is to investigate the utility of using the instrumental variables (IV) method to estimate batterer program efficacy, i.e., the program effect among batterers who complete batterer programs. This method takes account of possible confounding due to unmeasured traits of compliers and non-compliers. A structural model is used to estimate the impact of program completion on reassault using instrumental variables (IV) regression. Data on 640 batterers enrolled at three batterer programs are used. Results obtained from IV regression are compared with those obtained from a more traditional regression analysis. The results indicate that usual regression methods yield estimates of program effect that may be biased due to confounding by unmeasured batterer characteristics. Unfortunately, IV estimates may be unreliable due to failure of some of the assumptions on which they are based. If equations are adequately identified by the non-linear functional form used to estimate them, then IV results indicate that among a very select group of batterers, program completion significantly reduces the probability of reassault. The implications of confounding due to program non-compliance, program non-enrollment and attrition for future evaluations of batterer programs are discussed.     

黑社会性质组织犯罪的经济分析

黑社会性质组织犯罪的本质特征在于以违法犯罪的手段对内进行人身控制,对外进行经济控制。要有效地惩罚和预防黑社会犯罪,必须提高黑社会性质组织犯罪的预期刑罚成本,提高由于刑罚带来的机会成本的损失,并且通过实施社会效益最大化的公共政策,争取以最小的成本,取得最大的控制犯罪的收益。     

合同相对性原则突破的原因及价值分析

合同相对性原则曾一度被认为是合同制度和规则的奠基石,在合同法中具有十分重要的地位。但自20世纪以来,随着社会经济的发展和交易的日益频繁,各国立法及司法实践基于现实的考虑,在承认相对性原则的前提下,对该原则进行了适当地突破。但突破的原因何在?有何意义?本文作者正是从这些方面对此问题进行了深入分析。     

Factors Associated with the One-year Probation Outcome: A Self-report Study in Hong Kong

Why are some probationers able to comply with the sentence? Why do some fail to do so? In order to answer these questions, the article examines cross-sectional data collected from a selected group of Chinese offenders who were put on a one-year probation sentence in Hong Kong. It, in particular, aims at identifying the relative effects of four types of predictors, namely demographic, socio-economic, criminal history and probation intervention, on the probation outcome. For the purpose of this study, the probation outcome is the self-report data of the probationer at the end of the sentence. Logistic regression analyses revealed that self-reported reoffending was significantly related to peer involvement in criminal activities and triad association, a previous probation sentence, a urine test requirement and the offenders’ positive view of probation officers.     

《国语》作者、成书时代考论

《国语》作者、成书时代问题久有分歧,众说纷纭,莫衷一是。综观自汉迄今各种意见,主要有如下几个方面:一、《国语》的作者是否是左丘明,二、《国语》的成书时代。笔者通过对前人意见、《国语》及与之相关的传世文献和出土文献的考辨,认为《国语》作者是左丘明、成书时代大致在春秋末期至战国前期的汉魏旧说应该是可信的。     

Factors Associated with Co-occurrence of Spousal and Parental Violence: Quebec Population Study

Although the occurrence of both spousal and parental violence within the same family has been documented, there are scarcely any data on this phenomenon for Quebec and Canada. In analyzing the data from the 2004 Quebec survey on family violence in the lives of children, conducted with a population sample of 3,148 mothers, this study pursued two goals: to determine what differences exist between three groups in which family violence occurs (spousal violence, parental violence and co-occurrence of the two) and to better document the factors related to the different types of family violence by developing an explanatory model. Ecological analyses revealed major differences between these three groups in every aspect examined. Our findings support the hypothesis that families in which spousal and parental violence co-occur are not qualitatively different from those families in which only spousal or only parental violence occurs, but that they differ in the severity of the cases reported.     

Comparison of Factors Associated with Parricide in Adults and Adolescents

Despite high revalence rates of intimate partner violence in the lives of extremely poor women with depenent children, few studies have investigated the patterns of violence that occur over time, and the characteristics of women that serve as risk markers for partner violence. This study compared 43 adult parricides and 12 adolescent parricides. Several statistically significant differences were observed. Adults suffer from severe mental disorders, have a history of violent behavior and psychiatric antecedents, and are more likely to threaten their parents. Less predictable in their acting out, adolescents present several profiles as a function of victims’ sex, number of victims, diagnostic elements, and being witness to or victim of intrafamilial violence. Results suggest different approaches should be used to understand the dynamics and course of these two groups.     

An Analysis of Human Skeletal Remains with Cerebral Palsy: Associated Skeletal Age Delay and Dental Pathologies*

Abstract: In 2002 the authors were asked to examine the skeletal remains of an individual with a known history of severe cerebral palsy (CP) who was 21–23 years old at death. Skeletal age estimates of 11–15 years and dental age estimates of c. 16 years are younger than the known age of the decedent. Skeletal analysis also identified dental pathologies such as chronic tooth grinding and substantial calculus deposits. Scarce literature exists on forensic human remains cases with CP, and this study contrasts the age discrepancy and other features of this case with typical clinical characteristics of CP. A review of the CP literature suggests that delayed skeletal maturation and dental pathologies such as those observed in this case are indicative of complications related to CP. This article may alert future investigators to some of the osteological signs of CP and the probability that age indicators may be misleading.     

影视作品的作者身份和著作权归属问题探析

基于对作品创作行为和著作权性质的不同理解,两大法系对影视作品的作者身份也有不同的理解,并采取了不同的立法处理模式。目前,我国著作权法对作者的身份和范围的规定均不够明确。在影视作品著作权归属问题上,我国著作权法的立法模式不仅有悖法理,作者的权利也未得到应有的尊重,正确的做法是回到大陆法系的正宗。同时,为解决影视作品作者和著作权人署名不规范的问题,国家应尽快完善相关立法,科学界定＂制片者＂定义,同时对影视作品著作权人的署名做出明确要求。     

Copyright or Copy Wrong: An Analysis of University Claims to Faculty Work

Most universities claim to own at least some faculty-created works. An examination of copyright cases touching on faculty ownership of their intellectual property, of the teacher exception to the work-for-hire doctrine and its relationship to academic freedom, and of university copyright policies demonstrates that faculty have little protection for their intellectual property. Indeed, the greatest protection for faculty who stake claims on their work may be university copyright policies that do not alter the traditional work-for-hire arrangement set up by the Copyright Act.     

Exploring Factors Which Lead to Successful Reunification in Domestic Violence Cases: Interviews with Caseworkers

This exploratory study investigated factors that Child Protective Service caseworkers believe lead to change for the domestic violence abuser and victim, and ultimately lead to success in terms of reunifying children who have been removed from their parents due to domestic violence. In-depth interviews with six caseworkers examined both successful reunification cases and unsuccessful reunification cases. The interview was structured around three areas of interest: services, the caseworker’s relationship with the parents, and social supports, in order to identify variables that may influence the family’s ability (or inability) to make the necessary changes for reunification with their children. Results revealed that successful reunifications took place within the families who fully engaged in services, admitted the issues within the family home, set clear boundaries with each other, and sought and maintained an appropriate support system. Implications for caseworkers involved with families experiencing domestic violence, as well as directions for future research, are discussed.     

实践中的刑事一审期限:期间耗费与功能探寻——以S省两个基层法院为主要样板

透过审限耗费角度的实证研究可以发现,我国基层法院刑事审判程序具有如下特征:庭前程序的"事务化",庭前程序沦为纯粹的案件管理活动;庭审程序的"速审化",庭审时间耗费少,庭审节奏明快;庭后程序的"中心化"与"间隔化"。传统观点认为,我国刑事审限制度具有人权保障和效率提升功能。通过比较和实证的考察发现,我国"贯通式"审限的真实功能为通过监控法官的审理行为,达到塑造与行政化司法制度结构相契合的审理主体的目的。     

Risk Factors Associated with the Chronicity of High Potential for Child Abuse and Neglect

The present 4-year follow-up study involves 56 mothers who were evaluated by social agencies as being abusive and neglectful or at high risk for child abuse and neglect. The aim of the study is to analyze the relationship between psychosocial risk factors (relating to the history and current situation of the mothers) that were present at the time the families were initially recruited and the fact that some of the mothers continue to show a high potential for child abuse and neglect (chronic abuse and neglect), whereas others were able to overcome the problem (transitory abuse and neglect). Results indicate that the following variables are particularly associated with situations involving chronic problems of abuse and neglect: initial level of severity of potential for abuse and neglect; dual-parent status; a large number of children at the time of intervention (3.13 times more risk of chronicity for large families); the fact that as a child the mother herself had been placed in a foster home (3.7 times more risk); that she had been sexually abused (3.5 times more risk); and that as an adolescent she had run away from home (3.02 times more risk). Our results indicate that mothers who have a combination of more than eight risk factors are four times more likely to be in the chronic group.