Parole: How it is working

This paper presents some relevant information on parole and on several determinate sentencing proposals. Guidelines formulated by the United States Parole Commission demonstrate that release decisions can be structured to (1) enhance equity, (2) facilitate the explanation for decision variance, and (3) expose decision policy to public evaluation and debate. Empirically, parolees have a higher success rate or lower proportion of new convictions than those released in other ways. In contrast, the determinate sentencing proposals merely displace discretion to other areas of the criminal justice system where it is less visible and, hence, less subject to control.     

The Right to a Defense,What it Entails and Where it is Going

As is known, the judicial and legal reform begun in 1988 was conceived on a broad scale. It comprised a set of measures to improve the most important components of the Soviet legal system as a whole, ranging from the legislative mechanism and its further democratization to questions bearing on the organization and activity of the courts and all law-enforcement organs, as well as the training of jurists and the legal education of the entire population, to the extent that this is possible. This approach was called for by the commitment, which had become quite popular, to the establishment of a law-governed state. And it is characteristic, among such ambitious and lofty tasks, that one of the key places was reserved for modernization of the system of justice, including criminal cases. Against this background, special attention has been given to the necessity of a maximum guarantee of the right to defense.     

That tool is rubbish!…or is it?

Digital forensic practitioners often utilise a range of tools throughout their casework in order to access, identify and analyse relevant data, making them a vital part of conducting thorough, efficient and accurate digital examinations of device content and datasets. Whilst their importance cannot be understated, there is also no guarantee that their functionality is free from error, where similarly, no practitioner can 100% assure that their performance is flawless. Should an error occur during an investigation, assuming that it has been identified, then determining the cause of it is important for the purposes of ensuring quality control in both the immediate investigation and for longer-term practice improvements. Perhaps anecdotally, a starting position in any postmortem review of an error may be to suspect that any tools used may be at fault, where recent narratives and initiatives have enforced the need to evaluate all tools prior to them being used in any live investigation. Yet, in addition, an error may occur as a result of a practitioner’s investigative conduct. This work discusses the concept of ‘fault-attribution’, focusing on the roles of the forensic tool and practitioner, and proposes a series of principles for determining responsibility for an investigative error.     

政策接受主体及其集团化趋势

一、问题的提出 在所见到的国 内外所有谈及公共 政策的论著中，几乎 都把政策受众—— 广大社会组织和个 人视为政策客体或 顺从的政策对象。为 ，什么会出现这种不 约而同的现象呢？如 果透过事实的表面， 作一番深入的思考， 我们便不难发现：“把 政策受众视为政策 客体的人，无例外地 都取同一理论视角； 也就是取与政策决 策主体和执行主体 相一致的、居高临下 的视角。根据这一视 角，公共政策的制定 与实施便只是政策 决策主体和执行主 体单方面的行为了， 政策受众的态度和 行为始终处于一种 被动的受控状态。无 怪乎国内外公共政 …     

Leave it at the gate: job stress and satisfaction in correctional staff

Though academic literature firmly establishes an inverse relationship between job stress and job satisfaction, global correctional studies fail to examine the extent of that affiliation on overall correctional job satisfaction. As such, this study uses a faceted approach to explore underlying relationships between organizational, job, and personal characteristics of correctional staff and causes of job stress and satisfaction. Using the Job Satisfaction Survey, nine aspects of job satisfaction are considered. The Work Stress Scale for Correctional Officers’ analyses of five areas of stress directly related to correctional environments. This study examines both uniform and nonuniform staff assigned to a minimum security prison. On average, staff scored well below the average American worker on the Job Satisfaction Survey. Job satisfaction was predicted exclusively by job characteristics or stressors, including the job itself, role conflict, and ambiguity, and the physical condition of the prison, while employee demographic variables and variables that measure healthy lifestyles (such as sleep and exercise) were not significant predictors. While job stress does predict a substantively significant portion of job satisfaction (21%), there is still room to improve prediction.     

The Mobile Internet: What is it? How will it be built? And What Services will it Deliver?

It is only natural for people to communicate. That is why the telephone has been such a success. It extends the power of the human voice to reach wherever the telephone network goes. The mobile phone added a new dimension, by cutting the cord that previously tied phone users to specific locations - like their homes or offices. It gave users for the first time the freedom to make and receive calls wherever they happen to be. The next significant step in wireless communications will be to build on this basic wireless access, and add a considerable range of new and more advanced internet-based services involving high-speed data, video and multimedia communications.     

论反倾销领域中“非市场经济”问题

"非市场经济"这一法律概念在GATT/WTO法律框架下由各国反倾销法逐渐演变而成.自20世纪90年代以来,"市场经济"与"非市场经济"的区分已缺乏经济基础,很多国家却凭以采用特别方法对后者产品进行反倾销调查.这些方法深受政治、社会和经济等因素影响,构成相关出口商的歧视性待遇.必须通过政治、经济和法律手段才能最终解决"非市场经济"所引发的问题.     

Comprehensive analysis of the inspection-free system in China: Should it be modified,abolished or left as it is?

In recent years, whether the inspection-free system in China should be kept or abolished has become a focus for the media, the public, academia and administrators. This article aims to discuss the consequences of the inspection-free system. It is found that the inspection-free products are unlikely in high quality, rather an outcome generated by improperly inflating the inspection-free marks through the interactions of administrations, enterprises, consumers, the media and quality indicators. Due to the great difficulty in inspecting product qualities and measuring their potential harm, the implementation of the inspection-free system would adversely affect the product quality monitoring. As a consequence of the short-sighted consideration at formulation of the inspection-free system, it is suggested to get rid of it. In case that the General Administration of Quality Supervision, Inspection and Quarantine of China (“AQSIQ”) prefers to have the current system kept in consideration of promoting the information access and enforcement efficiency, some modifications should be made in terms of punishment measures, product quality supervision and reserved application.     

It is and it is not: the Importance of Context when Exploring Gender Differences in Perpetration of Physical Partner Violence

The literature on gender differences in perpetration of physical partner violence (PV) consists of two opposing camps: those who emphasize gender symmetry, and those who emphasize gender asymmetry. We propose a both/and approach to this controversy by suggesting that the issue of gender symmetry is complex and dependent upon context. Furthermore, we discuss how the role of personal investment in political agendas contributes to this divide in the literature. We argue that this both/and approach to inquiry will significantly contribute to the understanding of gender differences in perpetration of PV, as well inform the development of interventions for PV.     

两种法理学之争:如何可能与发展

对"法律是什么"的不同回答,形成了两种不同性质的法理学。哈特"法理学"的特点是"描述性"与"中立性",是关于法律的"二阶"理论,其无涉道德评价;德沃金"法理学"的特点是"评价性"与"证立性",是关于法律的"一阶"理论,其关涉道德评价。哈特"法理学"的最大问题是,从法概念中剥离道德,导致不能为法律合法性提供辩护;德沃金"法理学"的关键问题是,用道德对法律合法性进行审查,易于消解法律的独立性,丧失法律的权威性。故此,为维护法律的合法性与独立性并存与统一,可借鉴富勒的"法律内在道德"观念,尝试性地区分法律的外在道德与内在道德,将法律的合法性审查标准限缩在法律的内在道德之中,并借鉴康德的"可普遍化检验"原理,将通过普遍化检验所形成的可普遍化原则作为法律的内在道德的判断标准。     

Police personality: What is it and why are they like that?

Debate has swirled around the issue of the term “Police Personality.” The debate over this has been mainly over the issues of definition and development; i.e., what is a police personality and how does it form? Is it a predispositional model of personality or is it created by the nature of the work itself (an occupational-socialization model)? Perhaps the issue is not as simply dichotomous as that; perhaps it is a combination of both predisposition and experiences that forms this elusive personality. This paper will review the relevant literature pertaining to police personality, both predispositional notions and job created notions, as well as the literature on personality theories in a broader perspective.