Effects of increased security on prison violence

Stricter security measures were inaugurated in California institutions in an attempt to reduce violence inside the prisons. This study examines the consequences of the altered policies, using stabbing rates of assaults by inmates on staff members to compare violence levels in the institutions before and after tighter security was imposed. A significant decline in the rate of total stabbings was noted, as well as significant changes in stabbing patterns within the institutions. However, despite the tighter security measures, no significant decrease occurred in the rates of either fatal stabbings or assaults by inmates on staff. Population increases, crowding, lack of exercise, changing characteristics of the inmate population, attachment of the violent label, the nature of security housing, and the inability of correctional officials to control inmates are discussed as possible influences on institutional violence.     

Healthcare Can Change from Within: Sustained Improvement in the Healthcare Response to Intimate Partner Violence

There is a great need to demonstrate sustained improvement in healthcare-based inquiry, intervention, and prevention provided to patients exposed to intimate partner violence (IPV). We evaluated implementation of the Healthcare Can Change from Within model (HCCW) in three primary care clinics and an emergency department within a large healthcare system, using two other primary care clinics for a usual-care comparison on selected variables. Outcome measures included individual-level variables (staff knowledge and attitudes) and system characteristics (clinic policies, procedures, patient education materials, and IPV documentation in patient records). Doctors and nurses reported increased self-efficacy, understanding of referral resources, and understanding of legal issues; IPV knowledge was unchanged. Intervention clinics implemented new policies and procedures, increased patient education, and increased documentation of IPV screening, an improvement which was sustained at 2-year follow-up. Results suggest HCCW is a promising practice for improving the healthcare response to IPV.     

组织框架下表决权拘束协议的体系规制

凡是以股东表决权行使为标的的债权协议均为表决权拘束协议,其在实践应用中具有不同的形态与功能。对表决权拘束协议进行规制,不仅需要将其从不同合同类型中识别出来,更要厘清不同形态背后差异化的规制目的与法律对策。合同法、公司法、证券法共同构建了规制体系,三者各有侧重:合同法提供了概念与规则基础;公司法进行了组织价值与规则的填充;证券法通过其合并规则应对义务的规避,解决形式与实质的不一致问题。三者不可偏废:合同层面的纠纷解决不能脱离组织的特殊性而抽象地适用合同法规范;证券特别规制的妥当适用,也无法脱离其合同法与公司法的规范与概念基础。     

Academic credit for life experiences in criminal justice: Issues and concerns

This article focuses on awarding credit for life experiences (work experience, training, or other forms of experiential learning) in criminal justice education. The efficacy and consequences of this practice are explored in an attempt to delimit the issues and raise relevant questions that need to be explored in developing policies for awarding such credit. The authors raise questions concerning the definition of viable and relevant experiential learning and the process of evaluating life experiences. The article also discusses the need to consider a number of factors in implementing a credit-for- experiential-learning program; for example, the implications for “in-service” versus “preservice” students, extra-university regulations, the transferability of credit to other institutions, and the importance of a careful assessment of the overall impact on the criminal justice system and on criminal justice as an academic discipline.     

A Lust for Treasure and a Love of Gold…or Desperation? Global Facilitation of Piracy,Neoliberal Policies and the Control of the Somali Pirate

The issue of piracy is most often framed as being the product of dangerous individuals plundering and murdering for personal gain. What is less often discussed are the state, political, economic, and corporate interests that intersect with piracy (i.e. the corporate interest demand for protection of global shipping routes that are instrumental for capital accumulation in the world market). Here I utilize the concept of crimes of globalization to demonstrate that the motivations that undergird policies aimed at controlling piracy today are not dissimilar to those promoted through international financial institutions in their effort to advance the economic interests of highly empowered countries at the expense of addressing localized needs.     

非法证据排除规则的宪法思考——兼评我国刑事诉讼法的修改

非法证据排除规则是宪法程序的基本内容,美国宪法第5条修正案规定了不得强迫自证其罪,宪法判例据此推定出排除规则;日本等国宪法既规定了不得强迫自证其罪,也规定了排除规则;德国基本法从公权力的限制性规范推定出排除规则。排除规则排除的不是证据本身,而是公权力的违法行为,因为证据是先于程序而存在的客观实在,不能排除,也不应该排除。排除规则的价值取向可分为:单维度的价值定位和多维度的价值定位,前者在于保护犯罪嫌疑人和被告人的权利,后者还包括证人、被害人和社会大众的权利;不同维度的价值取向意味着非法证据的排除范围有别。我国宪法没有禁止强迫自证其罪和排除规则的规定,正在热议的《刑事诉讼法草案》对这两个规则作了具体规定,其意义重大,不容置疑,但也存在着实施的困难和障碍:一是与排除规则配套的司法体制、强制措施和侦查手段等有待完善;二是非法证据排除的范围和标准不确定、不具体、不合理;三是排除规则适用的例外情况没有专门规定,容易放纵公权力的恣意。     

公司利益缺失下的利益冲突规则——基于法律文本和实践的反思

中国公司法不断完善着利益冲突的规则,其对公司实践的重要性毋庸置疑。但由于公司法受制于国有企业改革,同时在法律思维中采用权利界定方式而不是利益保护方式,现行的利益冲突规则更多表现为规制式、事前禁止的模式,同时更多地将权力上收给了股东,在法律责任上依赖于归入权,强调公司所有权而忽略了公司利益。本文回顾了利益冲突规则的引入,对现行规则中的疏漏进行了分析和批评,并结合已有的司法实践分析公司利益在法律调整中的淡化,并对这种原因进行了理论探讨。     

Social Therapy Treatment of Criminal Offenders: A Survey of Pilot Institutions

This article reports on the theory and practice of ten social therapy institutions (sozialtherapeutische Anstalten) for offenders with a high risk of recidivism in the Federal Republic of Germany and West Berlin. On the basis of primarily psychotherapeutic concepts, these institutions have developed different approaches to everyday sociotherapy, largely abandoning traditional therapeutic procedures and involving all the staff in the course of treatment. The results achieved by these institutions are encouraging, but the continuity and further development are being jeopardized because of opposition from criminological and political quarters.     

Evaluating the Potential for Unintentional Occupational Exposure to Fentanyl and Fentanyl Analogues Among Medicolegal Death Investigators and Autopsy Technicians

Recent increases in deaths in the United States from synthetic opioids such as fentanyl and fentanyl analogues (fentanyls) have raised concerns about possible occupational exposures to these potent agents. Medicolegal death investigators and autopsy suite staff might perform job tasks involving exposure to fentanyls. The potential for exposure to fentanyls among medicolegal death investigators and autopsy technicians at a state medical examiner's office was evaluated through review of caseload characteristics, injury and illness logs, and procedures and policies and discussions with management and employee representatives. The evaluation showed that this medical examiner's office had low potential for work-related exposure to fentanyls; its standard operating procedures and personal protective equipment requirements should reduce the potential for occupational exposure. Medicolegal death investigation agencies can develop and implement guidance to control exposures and provide workforce education and training to reduce the potential for work-related exposure to fentanyls.     

Overcoming Weak Entrepreneurial Infrastructures for Academic Spin-Off Ventures

We discuss the characteristics of academic “spin-off policies” in environments outside of high tech clusters and where technology transfer and entrepreneurship infrastructures have been weak. We explore whether the policies could explain the lack of growth potential of spin-off ventures that have repeatedly observed. We studied the case of Belgium, gathering data from nine of spin-off policies in the eight largest academic institutions and in 47 firms. We propose that spin-off policies in academic institutions significantly affect the growth potential of ventures.     

论院校政策与院校发展

我国高等教育体制改革赋予高等院校更多的办学自主权，这就将院校政策建设提到院校发展的重要议事日程。在高等教育发展总体环境发生深刻变化的今天，院校政策建设虽然有着现实的必要性，但在院校发展的实际过程中，院校政策建设还存在着种种问题与障碍。加强院校政策建设，需要加强院校政策研究，这首先要求院校决策成为研究型决策。新世纪高等院校的发展更需要院校政策建设与时俱进、不断创新。     

New challenges for universities in the knowledge triangle

This paper discusses the role of higher education institutions within the framework of the knowledge triangle between academic education, scientific research and innovation, as it has gained importance in recent years as a framework for innovation policies especially in the OECD and Europe. First, complementary concepts of universities’ outreach activities and extended role model such as ‘third mission’, ‘triple helix’, ‘entrepreneurial or civic university’ models and ‘smart specialization’ are reflected against their fit with the concept of the knowledge triangle, also with respect to new requirements for university governance. Second, a new understanding of spillovers between public sectors research and the business sector according to knowledge triangle is presented.

     

Shareholder Coordination Costs, Shark Repellents, and Takeout Mergers: The Case Against Fiduciary Duties

When a bidding corporation succeeds in obtaining voting control of a target corporation through a hostile tender offer, many commentators argue that it is unfair to allow the bidder to exercise its voting power to set the price terms of a second-step takeout merger in which the bidder purchases the shares of the remaining target shareholders. This concern is inappropriate because it treats a unitary acquisition between adversaries as if it were two separate transactions–the second of which involves abuse of power by fiduciaries–and also because it assumes that shareholders of the target corporation are incapable of protecting themselves from the power of a successful bidder. Moreover, imposition of fiduciary rules may impose either prohibitive costs or absolute barriers to some takeovers, even if such transactions would be wealth producing. While there is a risk that some takeovers may exploit the “prisoner's dilemma” facing target shareholders threatened with an unattractive takeout threat, target shareholders are capable of responding to that threat with devices to coordinate their response. So-called “shark repellent” amendments that raise the proportion of votes required to approve second-step mergers or that limit the terms of such mergers can function as coordination devices to alleviate the prisoner's dilemma. Commentators' fears that such devices may unduly burden the market for corporate control appear to depend to a large extent on unfounded assumptions that all takeovers are wealth producing and that takeovers are never motivated by potential gains flowing from exploitation of the lack of coordination among target shareholders. However, empirical studies indicate that adoption of such coordination rules can benefit target shareholders and that it is unlikely that shareholders will approve voting rules so restrictive that they would preclude wealth-creating acquisitions. The usual notions of shareholder apathy are simply inapplicable to takeout mergers.     

Corporatisation and Corporate Governance in China's Economic Transition

China has sought to improve enterprise performance not through privatisation as in other transition economies, but through corporatisation as means of improving corporate governance. Actual governance practices of corporatised Chinese firms are however seriously defective, characterized by excessive power of CEOs, insider control and collusion, lack of safeguards for minority shareholders and weak transparency. These shortcomings are attributable to factors such as cultural and political traditions, uncompetitiveness of markets, poor legal enforcement, weak debt and equity markets, but above all to continued state dominance in ownership and control of the corporate sector and listed companies. Corporatisation, nevertheless, has created a regime conducive to implementing measures for improving corporate governance.     

Perceived Needs and Interests of Juveniles Held in Preventive Detention

The current study assesses the perceived needs and interests of juveniles held in preventive detention. The study involved 70 juveniles assigned to residential units at a juvenile detention facility. Juveniles were administered a written questionnaire that requested both quantitative and qualitative responses to items related to juveniles' perceived needs and interests. Frequency tests were performed to determine which perceived needs and interests are most and least pronounced among detained juveniles. The areas of need most commonly cited by detained juveniles were learning how to make better choices, learning more about computers, and learning to control anger better. Juveniles expressed an interest in most activities, with children versus staff contests, cultural diversity education, learning new board games and card games, doing arts and crafts, and taking care of a pet being the most popular items. In order to ensure that programs are helpful and enjoyable for detained youth, detention staff members should tailor programs and activities to the perceived needs and interests identified in the current study.     

公共卫生法制的视角转换——基于控烟和肥胖防控等新兴公共卫生措施的讨论

一直以来,公共卫生以控制传染性疾病的蔓延为首要目的。相应地,公共卫生法制的工作重心和学术讨论,也主要集中于如何规范控制疾病传染过程中政府公权力的行使。而近年来全球范围内非传染性慢性疾病,例如糖尿病、肥胖和吸烟导致的各种心脏病和癌症等,逐渐取代传染性疾病,成为导致人类患病以及死亡的主要原因。为了应对客观情况的变化,公共卫生措施不断突破传统的法律边界,以继续发挥其保护和促进公众健康的作用。面对公共卫生措施的革新步伐,我们对公共卫生法制的思考也应该推陈出新。本文以控烟和肥胖防控等新兴的公共卫生措施为例,揭示传统法学理论视角的不足,并提供一个以社会正义为导向、群体为视角的法理框架。     

论行政裁量的自我规制

行政裁量自我规制是行政主体及其工作人员基于自律、自行规范行政裁量行为、避免行政裁量权滥用、保障授权法目的实现的机制。行政裁量自我规制相对于行政外部规制而言,具有针对性强、效率较高和成本较低的优势。行政裁量自我规制的主要方式有法的精神、法的基本原则、正当法律程序、行政惯例、行政政策、裁量基准等。行政裁量自我规制的适用必须适当和适度。应该正确处理防止裁量权滥用与促进裁量权有效行使的关系,加强、完善自我规制与主动、积极接受外部规制的关系,健全硬法规制与推进软法规制的关系。     

涉案企业合规刑行衔接的初步研究

涉案企业合规改革的推行和深化,离不开行政监管部门的全面配合.检察机关在涉案企业合规改革探索过程中,也较为注重发挥行政监管部门的作用,并尝试利用现有的制度空间解决好与行政监管部门的衔接配合问题.但由于行政监管部门并没有配合刑事执法机关参与办理企业合规案件的法定义务,加上衔接配合的规则和程序粗陋缺失,刑行衔接程序出现不畅问...     

Does Control Make a Difference? The Moral Foundations of Shareholder Liability for Corporate Wrongs

The doctrine of limited liability, as traditionally understood, prevents shareholders from being held personally liable for corporate wrongs. Several authors have recently argued that the doctrine should be modified to make some or all shareholders individually liable for torts committed by corporations in which they hold shares. This article distinguishes three types of argument that might provide a moral basis for shareholder liability in such cases. I contend that while these arguments support holding at least some shareholders liable for corporate torts, they fail to justify a general regime of unlimited pro rata shareholder liability. The level of control shareholders exercise over a company makes an important difference to their moral duties to compensate victims of corporate wrongdoing.     

企业刑事合规的程序应对

在刑事合规的制度设计中,程序法承载了治理犯罪、保护权利、提升经济效率等多项重要职能。当前,全球范围内企业合规的刑事程序运行呈现出如下发展态势:立案管辖范围扩张,侦(调)查措施更加灵活多样,检察官主导实现多样化的诉讼激励,刑事合规的司法审查逐步加强,律师充分参与刑事合规得到保障。我国刑事合规的理论研究逐步兴起,实践中企业合规试点单位进行了相应的刑事程序改革与探索。随着刑事合规的全面深入发展,我国刑事诉讼程序应从立案、侦查、起诉、审判、辩护等多个环节进行系统、科学改造,以满足企业合规对刑事程序的实质需求。