Translating Behavioral Science into Practice: A Framework to Determine Science Quality and Applicability for Police Organizations

Policy on officer‐involved shootings is critically reviewed and errors in applying scientific knowledge identified. Identifying and evaluating the most relevant science to a field‐based problem is challenging. Law enforcement administrators with a clear understanding of valid science and application are in a better position to utilize scientific knowledge for the benefit of their organizations and officers. A recommended framework is proposed for considering the validity of science and its application. Valid science emerges via hypothesis testing, replication, extension and marked by peer review, known error rates, and general acceptance in its field of origin. Valid application of behavioral science requires an understanding of the methodology employed, measures used, and participants recruited to determine whether the science is ready for application. Fostering a science–practitioner partnership and an organizational culture that embraces quality, empirically based policy, and practices improves science‐to‐practice translation.     

Informing Juvenile Justice Policy: Directions for Behavioral Science Research

Recent policy initiatives threaten to reduce the rehabilitative mission of the juvenile court or eliminate the court entirely. This article lays out a framework for an empirical assessment of these developments. It first evaluates the available and potential empirical support for three hypotheses about juveniles that might justify maintaining a separate, rehabilitation-oriented juvenile justice system: the hypotheses that, compared to adults, juveniles are more treatable, less culpable, and less deterrable. On the assumption that the continued existence of a rehabilitation-oriented juvenile court can be justified, it then provides suggestions as to how existing intervention strategies for juveniles could benefit from research attention to several substantive and methodological issues. These include refining outcome criteria and sampling strategies, matching offender and program characteristics, reexamining intervention efficacy, and focusing on decision makers and resource allocations.     

Jurisprudence: A Transfer Science

This article juxtaposes dogmatics and deconstruction to argue that the latter is no more than an inverted or decomposed species of the former. Taking the contemporary attraction of law to other disciplines as her starting point, Vismann traces the history of linguist interest in law. Focussing on Derrida’s exemplary and essentially glossatorial analyses of legal textuality, and of the paradoxes and aporias of legal language, she argues that deconstruction offers few surprises to lawyers long trained in the philological ironies of power. A more constructive understanding of the conjunction of dogmatics and deconstruction would thus look to the role of law as a science of transfer from the real to the symbolic and would in this vein focus on the hardware of legal acts of transfer, such as filing systems and thus propose a prehistory of cyber legality. This revised version was published online in July 2006 with corrections to the Cover Date.     

Behavioral Economic Analysis of Crime: A Critical Review

Behavioral economic analysis of law is about bringing recent research about behavior and choice together with classical law and economics. In this essay we assess its relevance for the theory of optimal law enforcement. It is our view that criminal law is an area where behavioral analysis has a role to play. Notwithstanding the results so far provided by the behavioral approach are somehow disappointing.     

Measuring Civilian Defensive Firearm Use: A Methodological Experiment

Estimates of the incidence of victim gun use from the National CrimeVictimization Survey (NCVS) are consistently lower than are those fromother studies. To examine the divergence, we conducted a survey that gaugedthe impact of methodological differences between the NCVS and the otherstudies. For half of the sample, we asked questions from the NCVS, followedby questions from the other surveys. For the other half of the sample, wepresented the questions in the reverse order. We examined two hypotheses:(1) survey methods account for the divergent results, and (2) the questionscover unrelated activities. The results provided some support for the firsthypothesis, but respondents also reported many more defenses to thequestions from the other surveys than to the NCVS questions. Consistent withthe second hypothesis, this suggests that the NCVS and the other surveysmeasure responses to largely different provocations.     

责任意识新探:基于行为博弈论视角

通过社会两难情境中人们责任意识的探析,揭示在混合动机条件下责任对维持群体合作起着较大的作用,具有较强社会责任意识的个体表现出更多的亲社会行为,而不是自私行为,更愿意合作,反之亦然.责任意识具有情境性和道德性特点,负责任表达了一种对自我呈现的关注,表明个体具有较强的自我监控能力,愿意根据情境来评价和调整自身的行为,使自身的行为更符合社会规范的要求.责任意识成为公民的道德要求之一.     

低社会阶层的社会心理与行为倾向——基于积极和消极视角

社会阶层是社会成员按照一定等级标准划分的彼此地位相互区别的社会集团,在同一集团中成员之间具有相类似的态度、行为、价值和心理模式。以往研究大多倾向于低阶层的负面效应,出现典型性消极指标。事实上,低阶层相较于高阶层有许多很少被关注的积极效应。对于系统公正论、社会支配论、局部阶梯效应等理论中对社会阶层的争议进行了分析,指出了未来研究可以从影响阶层感知变量、诱导范式效果,以及启动形式的多样化、认知神经视角、跨文化的差异和干预等方面强化低阶层的优势特性,促进消极心态良性转化。     

A constitutional moment: How we might reimagine platform governance

We are at a constitutional moment for the future of the internet. Nation states around the world are launching major new initiatives to regulate the internet, both directly against users and by regulating the companies that provide access to telecommunications infrastructure and content services. The giant technology companies that control the bulk of the commercial internet are themselves under unprecedented scrutiny for the policies they set, the decisions they make, and the choices that go into designing their architecture. In my new book, Lawless, I argue that in this moment of change there is a major opportunity for us all to rethink how the internet should be governed, how power is held to account, and whose values prevail.¹     

实验法院:近代中国司法改革的一次地方试点

设立实验法院是近代中国以地方试点为特点的司法改革。这场司法改革以提高诉讼效率为目标,先后选择了璧山和重庆两地法院试行《实验办法》。实验法院通过整顿法警队伍并设立职员值日、审检联席会议等制度,革新行政风纪;通过增强法院职权、便利当事人诉讼,提高诉讼效率。实验成果大多被采纳,《实验办法》中的许多制度成为修订新诉讼法的依据。由于地方司法改革涉及到中央立法、司法和行政权的交界,实验法院匆匆终止。厘清和分析实验法院这段历史,可以展现许多诉讼制度在中国吸收、演进的历史细节,实验法院所体现的从地方试点到中央立法这一司法改革思路也对当下有所裨益。     

Etiological Similarities Between Psychological and Physical Aggression in Intimate Relationships: A Behavioral Genetic Exploration

Previous research has consistently shown that there is a strong association between psychological and physical aggression in intimate relationships. Theories as to why this association exists include that they have a single underlying etiology with differing thresholds, or they have separate etiologies and there is a two-step process by which psychological aggression moves to physical. The current study suggests that these two theories are not necessarily competing theories. The genetic and environmental covariance between psychological and physical intimate partner aggression were examined in 134 monozygotic (MZ) and 41 dizygotic (DZ) twin pairs. Results showed that psychological and physical aggression have largely the same genetic etiology, and any differences between the two are a function of differing nonshared environmental influences.     

从方法到方法论——以刑事科学为场域的反思

方法的局限性导致了刑事科学发展的瓶颈。在刑事科学的场域中,结合法学方法论的一般理论,以刑事一体化为研究基点,以“根据刑事法律的思考”和“关于刑事法律的思考”为分析模式,能够界定出由理论假定、学术立场、方法体系及实践功能四部分所组成的刑事科学法学方法论之原理。在方法论原理的指引下,回应和消除具体方法的局限性,整合、调整具体方法的使用,并最终从方法走向方法论,从方法论走向成熟与理性的刑事科学。