Child Abuse,Neglect, and Delinquency: The Neurological Link

Recent research has demonstrated a clear connection between physical, emotional, and sexual abuse and neglect during childhood, and negative changes in a child's neurological development. Abnormal growth and developmental patterns in a child's brain as a result of abuse and neglect can lead to life‐long problems with self‐control, memory, emotion, judgment, consequential thinking, and moral reasoning, resulting in an increased likelihood of substance abuse, juvenile delinquency, and adult criminal behaviors. This article provides information on the abused child, neurological implications, and recommendations.     

民事证据的若干问题——兼评最高人民法院《关于民事诉讼证据的司法解释》

最高人民法院对证据问题作出的司法解释尚存在着一些不足 ,有待明确、补充和修正。应当把法律要件分类说作为举证责任分配的一般原则 ,同时对按照此原则不能得到公平结果的少数情形实行举证责任倒置 ;对于某些疑难案件的举证责任分配 ,应当由最高人民法院以批复形式解决 ;应当采用较高程度的盖然性的证明标准 ;对于已经刑事或者其他民事判决确认的事实 ,应当按照不同情形 ,认定其在后诉程序中对于事实证明的效力     

Technical Cooperation and the International Coordination of Patentability of Biotechnological Inventions

Within the formal international framework, the coordination and harmonization of substantive patentability is currently of a limited nature, confined to the level of general principles, in contrast to the greater degree of procedural coordination. This involves increased costs and a lack of legal certainty for those seeking patents in multiple jurisdictions, mainly transnational corporations in some research-based industries such as pharmaceuticals. The problems encountered in achieving even a basic level of international consensus have encouraged informal cooperation through what could be conceptualized as 'global patent networks'. Furthermore, the interrelationship between procedural and substantive patent law issues has led the Trilateral Patent Offices, an informal, transgovernmental regulatory network of technical specialists, to undertake projects relating to the harmonization of procedural and substantive patent law issues primarily in contentious areas of patentability such as biotechnology. This raises the possibility of developing convergent interpretations of the patentability rules, although with implications for accountability and legitimacy.     

Inconsistencies in children's recall of witnessed events: The role of age,question format and perceived reason for question repetition

Purpose. Children's inconsistencies when answering repeated questions about past events are a source of concern in forensic, educational, and other contexts. Theoretical accounts of these inconsistencies have predominantly assumed that children shift because they infer adult dissatisfaction with their initial answer. This study aimed to test this account via examination of the effects of question format on shifting, as well as via direct questioning of children. Method. Four‐, five‐, and seven‐year‐olds (N = 226) were asked 17 recall questions about a recent classroom activity, with eight target questions repeated in one of four formats: no‐correct (mildly misleading questions to which the correct answer was ‘no’), yes‐correct (mildly misleading questions to which the correct answer was ‘yes’), specific open wh‐ questions, and forced‐choice questions. They were then asked about the adult's reasons for repetition. Accuracy, shifting, and interpretations of question repetition were examined. Results. Shifting from accuracy decreased with age, and was affected by question format in 4‐year‐olds only, who shifted more to no‐correct than to forced‐choice questions. Shifting towards accuracy was more common in forced‐choice questions than either no‐correct or open questions, but there were no significant age differences. First‐answer‐unsatisfactory interpretations of question repetition were rare, especially in the two younger groups. The oldest group offered a wider range of interpretations and also showed some evidence of an association between first‐answer‐unsatisfactory interpretations and shifting. Conclusions. Overall, our findings present a challenge to first‐answer‐unsatisfactory explanations of young children's shifting in recall settings, at least where overt pressure to shift is low. Forensic implications are considered.     

Free Speech,Crime, and the Challenge of Advancing Technology

Speech technology has developed rapidly and has taken many different forms. One form of this technology, the internet, poses a difficult challenge for society because of the way that it provides children with easy access to various forms of 'indecent' material. US courts have struggled with the problem of how to reconcile the internet, and other more advanced technologies, with traditional First Amendment free speech doctrine. For many years, US courts distinguished between so-called 'traditional forms' of technology, and other forms of technology, in particular broadcast technology. While the courts have always provided strong protections for traditional forms of technology, they have provided less protection to broadcast technology. Importantly, the internet challenges the dichotomy between 'traditional' technology and broadcast technology, and has forced the US Supreme Court to reconsider its precedents relating to technology. This reconsideration has made it more difficult to regulate the internet for the 'health, welfare and morals' of society. This paper analyses the scope of government authority in light of recent precedent.     

Violence,Law, and Politics: Hannah Arendt and Robert M. Cover in Comparative Perspective

Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article examines central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's.     

Effects of judicial instructions and juror characteristics on interpretations of beyond reasonable doubt

The standard of proof, beyond reasonable doubt (BRD), serves as a threshold for reaching verdicts in criminal cases. Past research has demonstrated that factors such as the wording of judicial instructions defining the standard can influence people's interpretation of it. In addition, there is some concern that instructions may not be effective for the wider jury-eligible population. In an experimental study involving members of the general public, we examined the effect of two commonly used judicial instructions (i.e. sure and firmly convinced) against a situation when BRD was undefined, on people's quantitative interpretations of BRD as well as on their self-reported understanding of the standard and confidence in applying it. We also explored the effect of juror characteristics (i.e. gender, age and education). Compared to when the standard was undefined, the sure instruction helped to reduce inter-individual variability in interpretations of BRD and the firmly convinced instruction increased people's understanding of the standard. However, neither instruction was effective in increasing confidence in applying the standard or in reducing observed individual differences. These findings underscore the importance of developing evidence-based judicial instructions that can benefit the broad jury-eligible population equally and in a variety of ways.     

Using strangers for money: a discussion on money-launderers in organized crime

In a recent study of Malm and Bichler (Trends in Organized Crime 16:365–381, 2013) it was found that very little professional laundering occurs in illicit markets. That is to be expected because not every criminal will make enough money to have a need for the services of professional money launderers. However, it is less clear to what extent the same outcome applies to those criminals who do make a lot of criminal money. In order to find out, 31 case studies were examined that deal with large scale importation of cocaine in Europe. It appears that professionals are often engaged, as almost half of the files indicate the presence of such specialists. However, that doesn't imply that such specialists are absent in the other half of the files. After examination of the investigative strategy of each police investigation, it turns out that there is a strong correlation between a focus on financial matters at the beginning of an investigation and the finding of professional launderers. This has important implications for the use of Social Network Analysis and qualitative case file research. The nonappearance of certain types of people in the police investigations has as much to do with the investigative strategy as with their real absence.     

刑法中的国家工作人员之立法与司法解释评析

刑法中的国家工作人员的界定是长期困扰刑法理论界和司法部门的一个难题。国家立法机关和最高司法机关虽对其作过多次立法解释和司法解释,但却仍然存在内涵不清、外延不明,难予认定的问题。为此,本文对历次刑事立法和司法解释中关于国家工作人员的解释之得失进行了回顾、比较与评析,旨在为准确理解和把握本概念提供有益的思路。     

Scarcity,Discourses of Implementation,and Habermasian Law and Democracy

This paper contains a critique of Habermas' discourse theory of law and democracy from an economic perspective. An example drawn from Klaus Günther's work on discourses of application suggests the failure of discourse ethics to adequately account for the problem of scarcity. This blindpoint is reflected in Habermas' legal theory through the latter's inadequate recognition of the internal connection between markets and law. Discourses of implementation are introduced as a discourse‐relevant procedure to account for the problem of scarcity. Consensus, as defined by Habermas, cannot be the agreement mode applicable to discourses of implementation.     

A Commentary on Victimization Research and the Importance of Meaning Structures

This article examines the largely atheoretical tradition of victimization research and some of the unintended consequences of work in the area. In using a legalistic definition of crime, victimization research has failed to incorporate the public's definition of crime and victimization. While “street” and property crime have a decided impact upon people's lives, the consequences of real or alleged corporate and political crimes also affect people's concep-tions of their lives. The authors outline the beginnings of a theoretically apposite reinterpretation of perceptual victimlogy findings and related methodological concerns, and suggest ways that social scientists can become actively involved in the debunk-ing of the “crime wave” mentality perpetuated through the media by providing alternate interpretations of crime statistics.     

The relationship between violence in the family of origin and dating violence among college students

Prior research has established that violence in dating relationships is a serious social problem among adolescents and young adults. Exposure to violence during childhood has been linked to dating violence victimization and perpetration. Also known as the intergenerational transmission of violence, the link between violence during childhood and dating violence has traditionally focused on physical violence. This research examines the relationship between experiencing and perpetrating dating violence and exposure to violence in the family of origin. Specifically, the current research examines gender differences in the relationship between exposure to violence during childhood and physical and psychological abuse perpetration and victimization. Data were collected from a sample of approximately 2,500 college students at two southeastern universities. Findings indicate that childhood exposure to violence is a consistent predictor of involvement in relationships characterized by violence for males and females. The implications of the current research on policy are discussed.     

Constitutional Comparisons by A Supranational Court in Flux: The Privy Council and Caribbean Bills of Rights

This article examines how the Judicial Committee of the Privy Council makes constitutional comparisons between ‘related’ constitutions that are or were within its jurisdiction, deploying its own precedents, as a pragmatic method of resolving idiosyncratic questions that arise across multiple constitutions. In particular, it considers the Committee's approach to the longstanding question of the interpretation of the opening section of Caribbean constitutional bills of rights, which has far reaching implications for the scope of constitutional protection of human rights. The JCPC's answer over time to this question reveals the fault lines for this supranational constitutional court as its jurisdiction peters out yet remains. The gaze of comparativism is very harsh as older constitutions are evaluated in light of newer ones and also as fossilised constitutional interpretations presented in earlier JCPC cases where the Committee no longer has jurisdiction are given new life in contemporary cases.     

Temporal regularities in homicide: Cycles,seasons, and autoregression

It has long been assumed that there exists a relationship between crime (including homicide) and season. After discussing three analytic approaches to this problem (looking for seasonality, a general autoregressive process, and cycles), we review the literature and show that confusing and conflicting findings have been reported about the temporal regularities of homicide. Employing monthly data from the Supplementary Homicide Reports (1976–1989), we find evidence for seasonality, autoregression, and cyclicality of homicide. Our modeling approaches clarify the previous conflicting research; implications for theory and future research are discussed.The data utilized in this study were made available by the Inter-University Consortium for Political and Social Research. The data originally were collected by the Federal Bureau of Investigation. Neither the collector of the original data nor the Consortium bears any responsibility for the analyses or interpretations presented here. The authors contributed equally to this article.     

U.S. v. Glatfelter and NCR Co. v. George A. Whiting Paper Co.: Seventh Circuit's Latest Interpretation of CERCLA Liabilities

Although a crucial part of the federal government's legal arsenal against polluters in environmental enforcement actions, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is nevertheless an ambiguously and confusingly drafted statute requiring constant judicial interpretations of its application in litigation. Last year, several decisions delivered by the Court of Appeals of the Seventh Circuit have provided the latest interpretations, particularly further distinguishing between sections 107 and 113 claims, as well as clarifying apportionment and allocation of liabilities. This article discusses these decisions and tries to analyze their impact on future CERCLA litigations.     

Hospitals should evaluate EKG arrangements for compliance with anti-kickback statute

The discontinuation of separate payments for EKG interpretations, and the manner in which HCFA has bundled reimbursement for this service with all visits and consultations, has generated significant controversy because of its often illogical impact. For example, the new method results in additional reimbursement to certain specialists who rarely, if ever, order EKGs (e.g., dermatologists), while cardiologists and other internists who routinely interpret EKGs ordered by others receive no direct Medicare reimbursement. Consequently, several bills have been introduced in Congress that would repeal this provision. While there is a reasonable possibility that one of these bills will eventually be enacted, as of this writing the ban on separate interpretation payments remains in effect, and hospitals must therefore remain cognizant of the fraud and abuse implications of their payment arrangements with physicians who interpret EKGs.     

Loyalties,and why loyalty should be ignored

The use of storytelling in the judgment process is based on the necessary assumption that experience and meaning are universal. In place of recognizing legitimate differences in the interpretation of social experience, jurors more often are compelled to regard unfamiliar story elements or dissonant interpretations as signs of guilt. When key elements in a case are anchored in different social worlds, defendants may be found guilty simply by reason of their social experiences and their communication styles. The important question arising from this state of affairs is whether anything can be done to correct biased judgment of trials.

Securing access to justice means, at a minimum, recognition for the legitimacy—if not the validity—of one's grievances and aspirations.     

Tasks facing Korea's private security business,and its prospects for the 2000's

This thesis forecasts changes in both the domestic and overseas public security circumstances, and analyzes the status of Korea's private security, discussing Korea's private security tasks and prospects for the 2000's, based on the results of problem analysis. Korea's private security business began in the early 60's, and has independently developed since the Security Services Act was established in 1977. Since the early 80's, the private security business has marked rapid growth, thanks to the introduction of Japanese private security capital and technology; and, since the successful holding of the ‘86 Asian Games and the ‘88 Seoul Olympics, the private security business has enjoyed remarkable growth year after year. However, behind such growth lie many problem areas. The internal problems afflicting private security service companies include; first, the private security service providers concentrate too much on labor‐based security; second, equipment‐based security business is limited; third, private security services are not evenly distributed nationwide; fourth, there is only a small scale of private security service providers; and, fifth, there is non‐designation of security vehicles as emergency vehicles. Problems with respect to mutual cooperation with police include (1) insufficient police support in providing training for security personnel, (2) minimal police organization in charge of private security, (3) lack of understanding and cooperation because of low exchange of information between the police and private security organizations, and (4) non‐establishment of standards applicable to the respective roles of the police and private security organization together with lack of emergency mutual contact and information systems. In order to solve these problems and achieve a desirable level of private security performance in the 2000's, a security personnel specialization policy along with security specialist schools must be established and operated. As a developmental policy, it is desirable that the function of examining private security policies be granted to Korea's Police Committee, corresponding to the U.S.A. Regulatory Board, or Japan's Public Security Committee. As a cooperation‐building exercise between the police and private security organizations, systemic meetings, officer‐in‐charge systems, ride‐along programs and crime prevention consulting service centers must be started up and operated.     

诉讼证明的困境与金融诈骗罪之重构

刑法所规定中的“非法占有目的” ,是个在司法实践中常令公诉机关难以证明的问题。对此 ,司法解释与各种学理解释都未能提供合理的解决办法。为彻底、有效地摆脱司法实践中对该罪的证明困境 ,应对刑法的相关规定作修改 ,以使不具有“非法占有目的”的金融诈骗行为也能依照刑法规定予以处罚