Explaining fear of crime in Queensland

A model to explain fear of crime in Queensland is developed and fitted to data from the 1991 Queensland Crime Victims Survey. Fear of crime is measured from the answers to the question about respondents' feelings of safety when walking alone in their area after dark. The results suggest that factors such as gender, age, poverty, educational level, labor force status, level of incivility in the area, perceived amount of crime in the area, and neighborhood cohesion all make an impact on fear of crime in a way that is consistent with the theory. The results also show that fear of crimein Queensland is explained by very concrete factors that can be subject to intervention and policy formulation by relevant bodies.The views expressed in this paper are those of the authors and do not necessarily reflect those of the Government Statistician's Office or the Queensland Government.     

Safety demand and supply: An alternative to fear of crime

This review provides an opportunity to assess the current state of gang research and suggest directions for its future. There has been a dramatic increase in research on gangs, gang members, and gang behavior since the early 1990s, making this review especially timely. We use Short’s three-level framework of explanation to organize the findings of prior research, focusing on individual-, micro-, and macro-level research. Attention is focused on the findings of such research, but we also examine theoretical and methodological developments as well. Drawing from Short and life-course research, we introduce a cross-level temporal framework to guide future directions in gang research.     

Territorial features,disorder and fear of crime in residential neighbourhoods in Malaysia: testing for multigroup invariance

This research examined the relationships between territoriality, disorder, crime, perceived risk and fear of crime and determined whether these relationships are constant between neighbourhoods. Questionnaire surveys and on-site observations were conducted on a sample of 320 residents from two neighbourhoods in Malaysia. Tests for invariance were conducted to determine whether coefficients differed across neighbourhoods. Confirmatory factor analytic models of the constructs exhibited adequate fit following multiple criteria within each and across samples. Results from these analyses suggested that the relationships between disorder and perceived risk, victimisation, and fear of crime were significant in both samples. Although high territoriality was associated with low-crime experiences in the low-crime area, no significant relationship was observed in the high-crime area. The findings illustrated the importance of examining territoriality and perceptions of disorder within the neighbourhood contexts.     

试析法人作品与职务作品的区分标准

如何区别法人作品与职务作品已成为理论与实务的难点。应从作品所体现的意志加以判定,具体表现在三个方面:作品署名;作品内容;作品的性质与用途。同时,为激发作者的创作热情,保护作者的合法权益,应严格解释法人作品。     

论定罪量刑的社会学模式

现行刑事立法赋予法官享有一定的定罪量刑自由裁量权,该自由裁量权受诸多案件社会结构因素影响,案件社会结构因素影响定罪量刑的过程及其表现出的样式就是定罪量刑社会学模式。定罪量刑的社会学模式以案件社会学理论为参照,并基本被实证研究所证实。由于同性质的具体案件的社会结构不同或同一案件在不同诉讼阶段的社会结构不同,法官受其影响程度也不同,定罪量刑不公正现象由此而生。实现公正定罪量刑的关键在于避免定罪量刑社会学模式发生作用。     

Barriers to the ballot: implications for the development of state and national crime policies

In 2013, the Supreme Court of the United States ruled in Shelby County v. Holder that Section 4(b) of the Voting Rights Act, which included the preclearance formula for determining which state and local jurisdictions needed to obtain federal approval before changing their election laws and voting procedures, was unconstitutional. By requiring federal approval, this provision prevented historically repressive jurisdictions from enacting covert policies to hinder non-whites from voting. The ruling in Shelby County is problematic because methods in use across the country prevent non-white citizens from casting their ballots, leaving their interests unaddressed. As people of color hold different attitudes and views than whites towards specific criminal justice measures, contemporary barriers to the ballot have potential implications for criminal law and policy. Consequently, analyses of two contemporary methods of denying non-whites a voice in government are warranted: felon disenfranchisement and voter identification laws. After considering the disproportionate effects of these laws on non-white voting, the paper reveals the potential harm that may result from Shelby County if similar laws spread to jurisdictions no longer covered by the Voting Rights Act.     

自侦案件“以事立案”模式论析

检察机关在自侦案件中应当摒弃“以人立案”的做法,并采取“以事立案”的模式,才能符合职务犯罪发案的客观规律,避免初查和侦查工作在衔接关系上的错位,并对自侦工作产生积极的促进效果和作用。要实现从“以人立案”到“以事立案”模式的转变,需要正确处理好立案与破案、立案与撤案和撤案与错案的关系。     

反洗钱情报在侦查中的深度应用

发达国家及国际组织纷纷认识到了通过对金融系统资金交易进行监控,利用了解客户身份、保持记录制度、大额和可疑交易报告制度等反洗钱制度来发现犯罪线索、截留犯罪收益、追查犯罪嫌疑人的重要性。许多犯罪涉及到犯罪资金的流动,经侦、刑侦、禁毒、反恐等侦查部门应充分认识到反洗钱情报在侦查中的重要作用,通过建立包含金融、税务、海关、公安...     

What is procedural justice: Criteria used by Dutch victims to assess the fairness of criminal justice procedures

The study examines the meaning of procedural justice to Dutch victims of crime. Using victimological research and the group-value or relational model or procedural justice developed by Lind and Tyler, a model for procedural justice judgments is developed and tested using the structural equation model. Data used for the analysis consist of 221 interviews with victims regarding their experience with the public prosecution. Although the emerging model differs from that of Lind and Tyler, results support Lind and Tyler's assertion that procedural justice judgments are normative and not instrumental. Victims are particularly concerned about being treated with dignity and respect and are not interested in influencing the outcome of their case.     

Discrimination of Geographical Origin of Asian Garlic Using Isotopic and Chemical Datasets under Stepwise Principal Component Analysis

Isotopic compositions of δ²H, δ¹⁸O, δ¹³C, and δ¹⁵N and concentrations of 22 trace elements from garlic samples were analyzed and processed with stepwise principal component analysis (PCA) to discriminate garlic's country of origin among Asian regions including South Korea, Vietnam, Taiwan, and China. Results indicate that there is no single trace‐element concentration or isotopic composition that can accomplish the study's purpose and the stepwise PCA approach proposed does allow for discrimination between countries on a regional basis. Sequentially, Step‐1 PCA distinguishes garlic's country of origin among Taiwanese, South Korean, and Vietnamese samples; Step‐2 PCA discriminates Chinese garlic from South Korean garlic; and Step‐3 and Step‐4 PCA, Chinese garlic from Vietnamese garlic. In model tests, countries of origin of all audit samples were correctly discriminated by stepwise PCA. Consequently, this study demonstrates that stepwise PCA as applied is a simple and effective approach to discriminating country of origin among Asian garlics.     

Direct and Indirect Effects of Case Complexity, Guilty Pleas, and Offender Characteristics on Sentencing for Offenders Convicted of a White-Collar Offense Prior to Sentencing Guidelines

Previous research on the punishment of offenders convicted of a white-collar offense estimated models that specify only direct effects of defendant characteristics, offense-related variables, and guilty pleas on sentence severity. Drawing from conflict or labeling theories, much of this research focused on the effects of offender's socioeconomic status on sentence outcomes. Findings from this research are inconsistent about the relationship between defendant characteristics and sentence severity. These studies overlook how differences in case complexity of white-collar offense and guilty pleas may intervene in the relationship between offender characteristics and sentence outcomes. This study seeks to contribute to an understanding of federal sentencing prior to the federal sentencing guidelines by testing a legal-bureaucratic theory of sentencing that hypothesizes an interplay between case complexity, guilty pleas and length of imprisonment. This interplay reflects the interface between the legal ramifications of pleading guilty, prosecutorial interests in efficiency and finality of case disposition in complex white-collar cases, and sentence severity. Using structural equation modeling, a four-equation model of sentencing that specifies case complexity and guilty pleas as intervening variables in the relationship between offender characteristics and length of imprisonment is estimated. Several findings are noteworthy. First, the hypothesized interplay between case complexity, guilty pleas, and sentence severity is supported. Second, the effect of offender's educational attainment on sentence severity is indirect via case complexity and guilty pleas. Third, offender's race and gender effect length of imprisonment both directly and indirectly through the intervening effect of case complexity and guilty pleas. These findings indicate the need to specify sentencing models that consider the direct and indirect effects of offender characteristics, offense characteristics, and guilty pleas on judicial discretion at sentencing.     

微波消解-扫描电镜联用检测脏器内硅藻

目的介绍一种微波消解-扫描电镜联用检测脏器内硅藻的新方法。方法大白兔30只,随机分为生前溺死组（n=15）和死后溺尸组（n=15）。提取兔肺、肝、肾、股骨骨髓和现场珠江水样,采用建立的微波消解-扫描电镜联用法检测脏器组织和水样中的硅藻,并与硝酸乙醇消解-扫描电镜联用的方法进行比较。结果生前溺死组的兔肺、肝、肾、股骨骨髓组织中大多数观测到与现场珠江水样一致的硅藻,微波消解-扫描电镜联用法检测脏器内硅藻的平均含量分别为：2505.2个/2g肺,18.7个/10g肝,6.5个/10g肾,6.3个/0.5g骨髓;肺与肝、肾、骨髓检出硅藻的阳性比例为86.7%,脏器硅藻检出含量和硅藻检验阳性比例均明显高于硝酸乙醇消解-扫描电镜联用法所测值。死后溺尸组的兔脏器组织均未观测到硅藻。结论微波消解-扫描电镜联用法检测脏器内硅藻,高效、安全、环保,硅藻检验灵敏度高,降低了劳动强度,提高了定性定量分析准确度,且能有效避免污染,在法医学溺死鉴定中具有良好的应用价值。     

一起自建集中式供水单位生活饮用水不符合卫生标准行政处罚案例评析

卫生行政执法部门在处理群众投诉举报时,对生活饮用水等与健康相关的产品依法进行采样抽检,对样品抽检结果不合格的单位依法对其处罚时,要对相关证据进行核实。通过本案例分析,提示对于检测样品要严格按照相关规范进行采样,对检验结果要依据国家卫生标准进行相关分析,相关程序符合要求,才能依据检验结果适用法律进行行政处罚。     

Proficiency Testing as a Basis for Estimating Uncertainty of Measurement: Application to Forensic Alcohol and Toxicology Quantitations

Abstract: While forensic laboratories will soon be required to estimate uncertainties of measurement for those quantitations reported to the end users of the information, the procedures for estimating this have been little discussed in the forensic literature. This article illustrates how proficiency test results provide the basis for estimating uncertainties in three instances: (i) For breath alcohol analyzers the interlaboratory precision is taken as a direct measure of uncertainty. This approach applies when the number of proficiency tests is small. (ii) For blood alcohol, the uncertainty is calculated from the differences between the laboratory’s proficiency testing results and the mean quantitations determined by the participants; this approach applies when the laboratory has participated in a large number of tests. (iii) For toxicology, either of these approaches is useful for estimating comparability between laboratories, but not for estimating absolute accuracy. It is seen that data from proficiency tests enable estimates of uncertainty that are empirical, simple, thorough, and applicable to a wide range of concentrations.     

我国民事强制执行模式变革论——以回应当事人“执行难”责难为归宿

执行案件从制约其权利实现程度的客观因素看,可分为＂执行不了＂、＂执行得了＂两类案件。以权利实现为本位的现行民事强制执行模式,由于未能对不同类型案件采取不同目标定位和应对措施,在相当程度上不能有效回应当事人对法院＂执行难＂的责难。而＂程序公正在先＂之执行思路却显得过于激进。为此,在民事强制执行模式改革上,探索＂权利实现与程序公正并重＂之混合式执行模式,对不同案件不同对待：对＂执行不了＂类案件,强化程序公正、突出执行服务理念,强调以＂理＂服人来化解申请执行人对权利未能实现的不满与怨言;对＂执行得了＂类案件,强化实体公正、突出执行威慑力、强制力,强调以＂力＂服人来迫使被执行人履行义务而实现申请执行人的权利。