Reconstituting social order and social control: Police accountability in Canada

Despite the important role which the police play in the reproduction of social order, there is a lacuna in critical criminological literature on the policing of democratic societies. As a consequence, the mistaken impression is fostered that policing in Canada is not problematic. This paper challenges this view, documenting the extent of police malpractice and raising the question of the need for police accountability. Within this context the authors discuss three forms which police accountability has historically taken: judicial inquiry, community police monitoring groups, and consultative liaison panels. One problem which the authors note is the way in which all three models depend upon the police for information about the nature of crime and policing, making them susceptible to dominant discourses about policing. Thus they continue by discussing the left realist model as potentially a fourth model. This form of police accountability emerged in Britain during the 1980s and is characterized by the production of an alternative discourse on crime and police practices based on locally conducted and controlled victimization surveys. The extent to which this practice of police accountability might be relevant to the Canadian context remains yet to be explored. The authors note in closing, however, that this is an empirical and not a theoretical question, meaning that Canadian criminologists must become more practical and less academic in their discourses of social control. “A riot is at bottom the language of the unheard” (Revd. Martin Luther King, 1967)     

Judicial use of social science research

American courts use social science research in three distinct ways: to make law, to determine facts, and to provide context. In this article, we review and critique the approaches that courts have traditionally taken to dealing with each form of social research. We also summarize and integrate a body of work offering a different perspective that treats law-making research associal authority, fact-finding research associal fact, and context-providing research associal framework. We end by proposing a coherent sequence of steps that courts should take when confronted with an empirical question about human behavior.This article was prepared under the auspices of the Task Force on Judicial and Regulatory Decisionmaking of the Carnegie Commission on Science, Technology, and Government. The views expressed are those of the authors rather than of the Task Force or the Commission. We are grateful to David Z. Beckler, Associate Director, for his comments. Requests for reprints should be sent to either author at the School of Law, University of Virginia, Charlottesville, VA 22901.     

Austrian private foundations: directors' duties and liabilities under close scrutiny

The main purpose of this article is to make foreign citizensaware of the often unexpected exposures to liability when actingas a board member of an Austrian foundation.     

Police culture,individualism, and community policing: Evidence from two police departments

According to the conventional wisdom, the police culture consists of a set of values, attitudes, and norms that are widely shared among officers, who find in the culture a way to cope with the strains of their working environment. Some research implies that the conventional wisdom is overdrawn, and recent research has begun to question it more directly. Changes in the composition (i.e., the race, sex, and education) of police personnel, as well as philosophical and organizational changes associated with community policing, could be expected to further fragment police culture and to shift the distribution of police attitudes. Here we examine variation in outlooks that, according to conventional wisdom, are part of the police culture, using survey data collected in two police departments. We also examine the relationships between these outlooks and characteristics of officers—sex, race, education, length of service, community-policing training, and community-policing specialist assignment—that are associated with the changes in policing. We find that officers' outlooks do not conform to the pattern that we would expect on the basis of conventional wisdom. We also find that the variation in officers' occupational attitudes is not patterned to a great extent by their characteristics. We conclude with directions for future research on police attitudes.     

Sanguinity and disillusionment where law meets social science

The current state of legally oriented social science research is a mixture of success and unfulfilled promise. Despite numerous indications that the relationship between social science and law continues to improve, dissatisfaction persists because a true empirical jurisprudence has not developed and because most research remains focused on a narrow range of legal topics. While commentators beseech their colleagues to expand the scope of inquiry, a variety of drawbacks still deter all but an intrepid few. Inhibiting factors include uncertainty about whether any particular study will influence policy making, and a professional reward structure that discourages interdisciplinary empirical research.For helping to ferret out overgeneralizations and biases before this article went to press, the author thanks Rick Abel, John Monahan, Harvey Perlman, Alan Tomkins Gary Melton, and Michael Saks.     

Justifications for the sharing of social science data

Starting with the premise that voluntary sharing of social science data is a desirable professional behavior, this article discusses a variety of justifications for data sharing. These justifications are found to be grounded in the scientific process itself—in the need for science that is more accurate, more open, more knowledgeable, and has more resources at its disposal. Although it is evident that the costs and benefits of data sharing are now unevenly distributed, and that primary researchers currently bear most of the burden and risks, it is argued that the adoption of a data-sharing norm in the social sciences would go a long way to remedy the imbalance. In this regard, the author supports the 1985 data-sharing recommendations put forth by the Committee on National Statistics.This article is based on a presentation at the annual meeting of the American Psychological Association, Washington, D.C., August 23, 1986.U.S. General Accounting Office. The views expressed in this article are the author's and do not necessarily represent the opinions or policies of the GAO.     

论警察法治视野下警察执法道德的内化机制

警察执法的过程既是实现执法目的的过程,也是实现警察执法道德价值的过程。只有警察执法行为上升为一种积极主动的理性境界,才能符合警察执法道德价值目标的最终要求,这种理性境界就是警察执法的道德自律精神。警察执法道德的他律、自律和自由构成了警察执法道德内化的三个阶段和三种境界。     

论社会科学类社团管理体制的完善

完善社会科学类社团的管理体制是深化行政管理体制的需要。本文从分析现行社科类社团管理体制存在的问题入手,在完善社科类社团管理体制的观念、职能、制度、机制、方法、手段和人才队伍等方面提出了相应的对策。     

社会科学、人文科学的滞后和困顿是世界邪教猖獗的主要原因--兼论自然科学与社会科学、人文科学之关系

自然科学与社会科学、人文科学都是影响人类社会进步的重要力量,应保持协调发展.世纪之交的世界范围内出现的邪教逆流,主要是由于自然科学的高速发展,而社会科学发展相对滞后和出现困顿所造成的.自然科学并非无所不能,它只解决人类的物质生活问题,而解决不了人类的精神生活问题.只有使社会科学、人文科学不落后于自然科学的发展和普及,人类才会防止和避免邪教的滋生和蔓延,才会真正走上和谐、幸福之路.     

Police deadly force as social control: Jamaica,Argentina, and Brazil

Conclusion When we consider a variety of indicators concerning the disproportionate use of deadly force by police-the ratio of civilians killed to those wounded, the ratio of civilians killed to police killed, and the ratio of police killings to the total homicide rate-the statistics, both official and unofficial, for Jamaica, Buenos Aires, São Paulo, and Rio de Janeiro all point toward the conclusion that the police are summarily executing suspects in routine, non-partisan cases. Directed almost exclusively against anonymous, poor people, this abuse of deadly force appears as an extreme form of coercive social control. When the threat of social unrest seems high--because of increased social mobilization together with increased economic misery--the police may summarily execute a large number of suspects, providing that both elite and lower-class opinion tolerates the executions as legitimate. In all these locations, while opinion is split, the police violence is minimally acceptable; indeed, the prevalence of private vigilantism signals its acceptability with the mass of people.Nonetheless, because Jamaica, Argentina, and Brazil are liberal states, it is difficult to view police homicides as legitimate except under the rubric of crime control and under the rule of law. Accordingiy, virtually all police killings are justified to the public as acts of self-defense, typically in the context of shoot-outs. This justification appears to be essential for organizing public opinion even though, for at least some people at all socioeconomic levels, summary executions, like vigilantism, are considered the proper punishment for alleged crimes. Experience in other countries suggests that it is possible for the authorities to limit and even prevent police violence. This effort will not be made in Jamaica, Argentina, or Brazil, however, so long as police use of deadly force constitutes a means of social control acceptable to both elite and mass opinion.B.A. Yale University 1957; LL.B., Harvard University 1960. My thanks are due to Bell Chevigny, Russell Karp, and Lois Whitman; to Americas Watch for sponsoring human rights investigations in Brazil and Jamaica; to the Centro de Estudios Legales y Sociales in Buenos Aires, Argentina; to Paulo Sergio Pinheiro and to the Nucleo de Estudos da Violência in Sâo Paulo, Brazil; and to Frances Piven and Anne Buckborough for essential research assistance. Thanks to my colleagues from the Law and Society Colloquium at New York University and from the 1988 annual meeting of the Law and Society Association for helpful comments. I am grateful for the generous support of the Filomen D'Agostino and Max E. Greenberg Research Fund of New York University School of Law.     

论新形势下公安高校学报的使命

公安高校学报的特殊性质，决定了其始终要坚持为公安现实工作服务的使命。在新的形势下．公安高校学报及其编辑人，要通过在编辑各环节中的努力、规范化办刊、准确的读者定位等来保证及实现为公安现实工作服务。     

Race, religion, and informed consent--lessons from social science.

That minority patients have not figured at all in the literature about informed consent is an egregious omission which this article begins to repair. Moreover, the article demonstrates that by addressing identifiable harms which informed consent law now causes to racial, religious, and ethnic minority patients, the law may also better address many of the concerns legal commentators have been discussing for years with only majority patients in mind. Ironically, the solution to the discrimination felt by the excluded members of society may turn out to provide the remedy for the informed consent doctrine as a whole.     

论市场经济条件下的警德建设

社会主义市场经济新形势下的警德建设既有重点,又有难点。为此,加强警德建设,必须既抓重点,又抓难点。     

Responding to violence against women: social science contributions to legal solutions

Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.     

警察文化建设与公安工作

警察文化是当代人民警察在公安实践中创造的精神和物质成果的总和,是增强人民警察思想政治工作吸引力和感染力的重要载体。大力加强警察文化建设,有助于推进思想政治工作深入化,增强队伍的凝聚力,同时对于树立人民警察的良好形象、进一步密切警民关系也有着十分重要的作用。为此,我们应该提高认识,建构警察文化中的主流文化,在加强警察思想文化建设的同时,努力提高民警的科学文化素质。     

社会正义观理论下的警察权职能分析

社会正义是指在一个社会内分担责任、安排社会地位、及社会资源分配上符合正义的原则。社会正义观理论要求政府公平对待每一位社会成员。新型的社会正义观要求政府职能由过去注重政治统治职能向社会管理职能转变。警察权的职能也必然随着政府的职能转变而转变，弱化政治镇压职能、强化社会管理职能和公共服务职能，由监管者走向服务者。这种职能的转变将对警察维护社会秩序，进行公共管理，提供公共服务并最终保障公民个人的合法权益起到有效的促进作用。     

警察职权的配置与警察权益的保护

我国现行法律赋予了警察机关以广泛、重大的职权,但立法上对警察机关行政职权制衡机制配置上的不完善,对警察行政强制权特别是即时强制权配置上的失衡,导致警察执法过程中种种滥用警察权和警察权益受损情形同时存在.因而,从立法上加强对警察权的限制、制约与规范,合理配置警察职权,不仅是保障警察执法活动和警察个体权益的需要,而且是更有效地保护执法相对人的权益、公民的权益、社会公共利益的需要.