Effects of the dynamite charge on the deliberations of deadlocked mock juries

When juries report that they are deadlocked, judges often deliver the dynamite charge, a supplemental instruction that urges jurors to rethink their views in an effort to reach a unanimous verdict. The present study evaluated the impact of this procedure on 378 subjects who participated in 63 deadlocked mock juries. Results indicated that the dynamite charge caused jurors in the voting minority to feel coerced and change their votes, reduced the pressure felt by those in the majority, and hastened the deliberation process in juries that favored conviction. These findings raise serious questions concerning the use of this controversial charge.     

Social junk,social dynamite and the rabble: Persons with AIDS in jail

The issues surrounding AIDS in corrections have forced administrators to develop policy which accurately reflects the realities of the AIDS crisis. Moreover, administrators must base their policy decisions on available research findings, much of which is generated by government agencies and research policy groups. Whereas this research does serve the proper function of guiding policy, it is somewhat removed from the theoretical implications that AIDS has to societal reaction and social class. This article introduces a theoretical framework comprised of Irwin’s (1985) concept of the rabble and Spitzer’s (1975) notes on social junk and social dynamite. In addition to discussing this framework as it relates to social metaphors and social control, the implications to correctional policy are also be presented. The author gratefully acknowledges Marie Mark for her assistance in preparing the final version of this article.     

The effect of evidentiary factors on charge reduction

The practice by prosecutors of basing guilty plea concessions on evidentiary considerations is highly controversial. Observational field studies suggest that this is a common practice and that there is a strong inverse relationship between the strength of the prosecution's case and concessions that a defendant is offered. However, there has yet to be an explicit test of this hypothesis. This study examines the relationship of evidentiary factors to charge reduction using data from the Prosecutor's Management Information System (PROMIS) for the District of Columbia. The analysis indicates that the expected relationship does exist but is not as strong as some suggest and varies by the type of offense. It also suggests that this practice is part of a routine adjudicatory procedure, particularly for property crimes, and that there is a need to scrutinize more closely the fact-finding function of the guilty plea.     

"家乐福"超市收费的法律分析

大型超市对供货商收取一定的费用在国内、国外都是一个普遍的现象.但是,国外大型超市收取的上架费是以促进创新和产品销售为核心的,而中国大型超市的入场费则演变成以"国际惯例"为幌子的非法行为.本文通过对超市收费的深入分析,揭示了超市收费行为的经济原因,并探讨如何进行法律规制.     

为企业管理者补课－国家知识产权局企业知识产权培训工作综述

企业的最高目标是追求利润的最大化,这已为每一个企业管理者所奉行。而拥有自主知识产权则是实现利润最大化的重要保证,这一点由于知识产权在我国的发展历史较短等多种原因,企业管理者们普遍缺乏应有的认识。在新经济浪潮波及全球、知识产权日益成为企业家手中法宝的时代,一个不懂得利用知识产权保护和发展自己的企业管理者是不合格的。企业管理者应当补上知识产权这一课。     

民检抗诉制度的发展定位与原则思考

在司法改革中如何重构民检制度,这是目前学界议论较多的课题之一。本文作者对此进行了一些思考,提出民检抗诉制度的发展定位应当体现促进检察制度的发展、规范监督方式和提高审判水平的内容,同时,应当遵从尊重当事人诉权与处分权、维护国家利益和社会公共利益、严格依法办事、以及适度调查取证的工作原则。     

The recovery of fibres from non-textile items using a static charge

This study investigated a new method of fibre recovery from non-textile items using polystyrene rods which have a static charge. A range of natural and man-made fibres were used on a number of substrates, including weapons, paper and plastic bags. The average recovery rate from all substrates was 99.1%. The effect of humidity on fibre recovery was also studied and it was found to reduce the ability of the rods to recover fibres. However this is unlikely to be an issue if recovery takes place in a forensic laboratory. It was concluded that the rods would prove a beneficial addition to the forensic laboratory as a relatively quick method of fibre recovery from non textile items where the standard method of recovery using tape lifts cannot be used.     

Study of an electrical charge self-defense device

An electric charge device for self defense was evaluated on a volunteer. The device is safe for life and health of a healthy adult human. Moral aspects of such trials on humans are discussed.     

浮动抵押的历史渊源与制度构造——兼评我国物权法上的浮动抵押制度

浮动抵押起源于英国衡平法,其制度特征是抵押物不确定,抵押人可以利用处分抵押物,实行抵押权须以抵押物确定化为前提.我国<物权法>将浮动抵押普遍适用于所有商事主体,同时,又将可设定浮动抵押的标的物严格限定为有限动产,增大了浮动抵押制度所隐含的交易风险.从保障抵押权人担保利益的角度出发,应将浮动抵押人限定为公司,抵押物应包括抵押人现有和将来所有的全部或部分财产.     

Decision making in joined criminal trials: The influence of charge similarity,evidence similarity,and limiting instructions

The present research investigated decision-making processes in joined trials of multiple offenses. Subjects judged videotaped trials of three joined charges in a factorial design that varied charge similarity, evidence similarity, and judges' instructions designed to reduce judgement biases; or judged one of several charges presented individually. The results indicated that subjects were more likely to convict a defendant in a joined trial than on the same charge tried by itself, particularly when the charge was presented in the third position. Convictions were more frequent when joined charges were similar, and judges' instructions significantly reduced conviction rates. Subjects judging joined trials confused evidence among charges, rated the prosecution's evidence as stronger, and rated the defendent less favorably than subjects judging single trials. The findings were compared statistically to the results of previous research, and it was concluded that increased convictions in joined trials are robust effects.This research is based on part of a doctoral dissertation by S. Tanford at the University of Wisconsin. The research was supported by National Institute of Justice Grant No. 81-LJ-CX-0048 to S. Penrod.     

Gender convergence in crime: Evidence from Canadian adult offense charge data

This study provided some new empirical evidence relating to the hypothesis that there was convergence between certain male and female offenses over time. Using time-series data for adults charged with offenses in Canada over the period 1983 to 2000, several formal statistical tests of this convergence hypothesis were conducted. This study allowed for the particular characteristics of the data, such as various types of structural breaks and changes over time in the process that generated the data. A number of new tests that had not previously been applied to this problem were employed, and the results that were obtained provided the first strong evidence in favor of gender-convergence for a range of offenses in Canada.     

Severity of penalty,seriousness of the charge,and mock jurors' verdicts

It has been suggested that jurors in criminal trials are less likely to convict when the penalty is more severe or the charge is more serious. This was explained by Kerr (1975) in terms of a perceived increase in the cost of a Type I error (convicting an innocent person) that resulted in a criterion shift in the amount of evidence jurors required to vote guilty. The previous research found only weak support for the prediction regarding severity but consistent support for the predicted effect of seriousness. However, in the case materials used in these studies, more evidence was legally required to prove guilt on the more serious charges. This article presents studies in which the amount of evidence needed to prove guilt was equated for all charges. Under these circumstances, there was no effect on verdicts of seriousness of charge or severity of penalty and no evidence of a criterion shift due to either variable. There may still be reason to believe that these factors affect real juries, but this belief is not supported by the systematic evidence from mock jury studies.