美国仇恨犯罪理论引入之前提性研究

为了解决现阶段我国社会频繁出现的以报复社会为目的的犯罪案件以及群体性暴力事件问题,美国仇恨犯罪理论被引入刑法学和犯罪学的研究之中.但是本文通过从产生背景、犯罪原因和治理策略上对中美两国仇恨犯罪进行比较,最终认为中美两国仇恨犯罪无法被等量齐观,美国式仇恨犯罪在中国语境下并不具有相应的理论解释能力,径直将西方的研究模式移植到中国语境来分析中国特有的法律和社会问题的研究思路值得反思,因此应当对该理论的引进保持谨慎的态度.     

Race,Ethnicity and the Risk of Homicide Victimization in the United States

Abstract

Linked data from the National Health Interview Surveys and Multiple Causes of Death Use Files are used to estimate the individual level effects of race and ethnicity, and relevant controls on homicide mortality. African American and Hispanic race/ethnicity are found to be leading factors in homicide victimization. Following some previous work this research also finds that the gap between white and minority homicide victimization is attenuated but not explained by SES, contextual and marital status variables. It is hypothesized that the experience and perception of racism, and the frustration, anger and resentment that result produce an ideological climate that sustains high levels of violence among minority members beyond what concentration of disadvantage variables predict.     

Physical child harm and bullying-related behaviors: a comparative study in Japan, South Africa, and the United States

School bullying is a major social problem in most countries and is especially of concern to school administrators and teachers. The typical place in which bullying occurs is at school. For this reason, school administrators and teachers are often held responsible for its occurrence, prevention, and management. However, in spite of concerted efforts to prevent this problem, bullying continues to plague most schools. Previous research and this study suggest that the etiology of bullying is more directly related to conditions at home rather than to conditions at school. Thus, the authors have hypothesized that bullying is associated with physically harming children in their homes and the coping responses that result from this physical harm. This research surveyed a sample of 852 university students in Japan, South Africa, and the United States. The findings suggest there are significant relationships between physical child harm and three types of bullying related behaviors: offending, being victimized, and offending plus being victimized. Using social coping theory, this research suggests that the manner in which physically harmed children cope with their early victimization has a bearing on their subsequent involvement with bullying-related behaviors.     

Electronic taxation and cybercrimes in Nigeria,Kenya and South Africa: Lessons from Europe and the United States of America

Advancement in Information and Communication Technology (ICT) over the years has changed the way people now live and conduct their businesses. Consequently, tax administrators in line with global trends are shifting from manual processes to electronic tax systems. Although the adoption of ICT has apparent advantages, it does not come without some potential challenges, prominent among which are the activities of cybercriminals. This paper seeks to identify the ways electronic tax systems can be protected and sustained in some African countries, drawing from the lessons the experiences of the United States of America (US) and some countries in Europe present.     

Hate crimes and stigma-related experiences among sexual minority adults in the United States: prevalence estimates from a national probability sample

Using survey responses collected via the Internet from a U.S. national probability sample of gay, lesbian, and bisexual adults (N = 662), this article reports prevalence estimates of criminal victimization and related experiences based on the target's sexual orientation. Approximately 20% of respondents reported having experienced a person or property crime based on their sexual orientation; about half had experienced verbal harassment, and more than 1 in 10 reported having experienced employment or housing discrimination. Gay men were significantly more likely than lesbians or bisexuals to experience violence and property crimes. Employment and housing discrimination were significantly more likely among gay men and lesbians than among bisexual men and women. Implications for future research and policy are discussed.     

Race, Reform, and Desegregation in Mississippi Higher Education: Historically Black Institutions after United States v. Fordice

In United States v. Fordice (1992), the Supreme Court recognized the effects of past racial discrimination against historically black institutions (HBIs) in Mississippi. One goal of the 500 million settlement is for HBIs to enroll "other-race" students. Although the impetus to attract white students falls on HBIs, the response of Mississippi's white community is pivotal. In a series of focus groups with white students, we inquired into the factors that might motivate them to attend an HBI. The data demonstrate that most white students strongly resist the notion of attending a predominately black institution. They articulate such reasons as perceived poor academic quality, social discomfort, anticipated discrimination, and parental disapproval. Further, they cannot imagine how HBIs might recruit white students and generally doubt that improved programs and facilities would achieve this goal. The current framework surrounding Fordice does not consider sufficiently the importance of these racial attitudes. We thus conclude with a discussion of the likely difficulties in implementing the Court's decision.     

Fugitives in the United States

Little is known, empirically, about fugitives in the U.S. There is no research describing basic facts such as the prevalence of warrants or how features of warrants vary across geography or demographics of fugitives.PurposeTo (A) describe the prevalence of warrants in the U.S., including variation in warrant features across geography as well as demographics of fugitives (age, race, and gender). In addition, the paper (B) models a key feature of warrants (extradition limits) as a function of legal and extra-legal factors.MethodsThis study draws on the Wanted Persons file—the central operational database maintained by the National Criminal Information Center (NCIC) for tracking warrants from all jurisdictions in the United States. Warrant factors are described across demographic groups via bivariate comparisons. Extradition is modeled via a multivariate fixed effects logistic regression framework (i.e., within state comparisons)ResultsThe data show approximately 2 million warrants are active on any given day. Warrant features vary significantly across states (per capita), and fugitive demographics. Extradition varies as a function of legal (e.g., crime seriousness) and extra-legal factors (e.g., race of fugitive).ConclusionsWarrants may provide an important new avenue for scholarship on disparity, criminal carreers, and the administration of justice.     

Physicians' conflicts of interest in Japan and the United States: lessons for the United States

Japanese health policy shows that even with physician ownership and the absence of for-profit, investor-owned health care, physicians' conflicts of interest thrive. Physician dispensing of drugs and ownership of hospitals and clinics were justified in Japan as ways to avoid commercialization of medicine. Instead, they create physicians' conflicts and fuel patient overuse of services. Japan's Ministry of Health and Welfare (MHW) has responded by introducing per-diem payment, thereby creating incentives to decrease services in ways similar to those of American managed care organizations, but with none of their benefits, such as coordination of care, oversight of physicians practices, and quality assurance. Although the United States and Japanese health care systems are organized and financed differently there is convergence in the source of their physicians' conflicts and the way they are addressed. The United States is starting to integrate institutional and physician payment and align their incentives, in a traditional Japanese way. In so doing, the United States creates new physicians' conflicts and reduces the role of countervailing incentives and power, an advantage of previous policy. Japan, in turn, has combined incentives to increase and decrease services, thus moving closer to the U.S. policy.     

Race/ethnicity,citizenship status,and crime examined through trauma experiences among young adults in the United States

Race/ethnicity, citizenship status, and trauma, have significant impact on delinquency and crime outcomes; though the reasons for some expected and unexpected crime pathways are still unanswered. Using data from the National Longitudinal Survey of Youth 1997 (n?=?7,103), this study found the following results: no difference in the likelihood of engagement in delinquency and crime between blacks and whites; cumulative trauma increased delinquency and crime rates for all racial and ethnic groups; racial and ethnic minority groups compared to whites reported a significantly higher level of childhood trauma experiences; and native-born female immigrant groups (but not male) were more likely to engage in delinquency and crime than first-generation female immigrant groups. Implications and recommendations are set forth.     

美国律师管理工作简况

一、美国的律师制度 美国律师业是一个相对比较古老的行业,已有近200年的发展历史。目前,美国律师现有从业人员将近200多万人,近1000人中就有1名律师。美国律师几乎参与到国家政治、经济、文化和公民社会生活的各个方面。参议员、众议员大多数都是律师出身,