Becoming respectable: T. Dale Stewart and the acceptance of forensic anthropology in the academic community

Before World War II, forensic anthropology was of peripheral interest to a few anthropologists willing to assist in investigations by law enforcement agencies. A strong bias that "police work" was unbecoming to the scholarly pursuits of academics persisted into the post-war years. Changes took place as a consequence of T. Dale Stewart's case work in the identification of human remains with the FBI from 1943 to 1969, his directorship of the National Museum of Natural History (Smithsonian Institution) beginning in 1962, and his work with the Armed Forces after 1948. This paper discusses the historic period of transition of attitudes and practices in the contexts of Stewart's contributions and the cases and teaching programs of one of his contemporaries. Theodore D. McCown at the University of California at Berkeley, during the period of 1939 to 1969. The establishment of the Physical Anthropology Section within the American Academy of Forensic Sciences in 1972 and the creation of the T. Dale Stewart award for distinguished service in forensic anthropology advanced those laboratory research programs and medical-legal investigations conducted by present-day forensic anthropologists.     

Legal and ethical considerations of forensic anthropological research

In the UK, Forensic Anthropology is maturing rapidly, consequently demanding discussion of previously overlooked yet fundamental principles of this discipline. UK law and ethics are interpreted from a forensic anthropological standpoint. First, the influence of UK law and ethics on the stages of forensic anthropological research (the collection, analysis and storage of human remains) are discussed. Existing ethical codes of conduct are investigated for their relevance to researching forensic anthropologists. It is concluded that: when appropriately interpreted, UK law and ethics are extremely influential on forensic anthropological research; debate within this area is required; and that an understanding of the law and ethical thought is vital for the successful growth of forensic anthropology in the UK.     

Forensic anthropology in the 1990s.

Forensic anthropology has undergone considerable change over the past 10 years. Today it is utilized by most law enforcement, coroner, and medical examiner systems. The techniques for determination of age at death, sex, race, and stature from skeletal remains have been modified and greatly expanded. The role of the forensic anthropologist within a medicolegal context is much broader than in previous years. In addition to establishing individual identity, forensic anthropologists are now consulted for trauma analysis, facial reconstruction, photographic superimposition, determination of time interval since death, and crime-scene recovery. Not all physical anthropologists are forensic anthropologists. Qualified individuals are certified, through rigorous examination, by the American Board of Forensic Anthropology. A list of board-certified forensic anthropologists may be obtained through the American Academy of Forensic Sciences.     

警察执法中实施正当防卫的有效性研究

警察执法行动中因抗法遏袭导致伤亡的事件不时发生,研究警察执法中正当防卫行使的有效性,意义重大。从法规条例、实战能力等两个方面对警察在执法中实施正当防卫的有效性进行了分析论述,指出：国家现有的法规条例为警察实施正当防卫提供了较为有力的法理依据,警察执法时实施正当防卫必须很好的贯通、遵循相关法规条例;同时,警察执法中实施正当防卫,还必须有良好的防范意识、过硬的武力手段、规范的法律行为以及健康的身心作为自身实战能力保障,才能提高正当防卫的有效性。     

Confidently Wrong: Police Endorsement of Psycho-Legal Misconceptions

Public beliefs about psychological issues relevant to the legal system have been demonstrated to often be misconceived, but the endorsement of such beliefs in law enforcement samples is largely unknown. This study was the first to compare psycho-legal beliefs between law enforcement officers and the general public in the UK. Participants were presented a 50-item questionnaire measuring five psycho-legal topics; police procedures, courts, tough on crime, mental illness, and memory and cognition. Despite direct involvement and relevant experience, law enforcement officers endorsed just as many empirically contradictory beliefs as those who were not law enforcement officers. Further, law enforcement officers were more confident in their responses. This research has implications for identifying areas of limited knowledge within police samples that can be targeted by police education.     

“警察人性化执法”刍议

警察人性化执法,是指警察在执法过程中,在依法保障当事人合法权益的前提下,依照法定的职权和法定的程序,改变执法观念和执法方式,以人为本,实现执法公正的一项专门活动。在警察人性化执法中,严格执法是前提,依法保障当事人的合法权益(包括警察自身的合法权益)是核心内容,人文关怀是方式,实现执法公正是终极目标。而"懦弱执法"、"人情执法"、"不平等执法"和"首次不罚"的执法都不是警察的人性化执法。警察人性化执法实现的途径主要有三:一是完善公安法律制度;二是提高人民警察自身的素质;三是加强监督,从严治警。     

Historical Trends in Graduate Research and Training of Diplomates of the American Board of Forensic Anthropology

The history of forensic anthropology has been documented by numerous scholars. These contributions have described the work of early pioneers in the field and have described important milestones, such as the founding of the Physical Anthropology Section of the American Academy of Forensic Sciences (AAFS) in 1972 and the American Board of Forensic Anthropology (ABFA) in 1977. This paper contributes to the growing literature on the history of forensic anthropology by documenting the academic training of all individuals who have been granted diplomate status by the ABFA (n = 115). Doctoral dissertation titles were queried to discern broad patterns of research foci. A total of 39 doctoral granting institutions have trained diplomates and 77.3% of board‐certified forensic anthropologists wrote dissertations involving skeletal biology, bioarchaeology, or forensic anthropology. Board‐certified forensic anthropologists are a broadly trained group of professionals with far‐reaching anthropological interests and expertise.     

浅谈公安机关执法中的“重实体,轻程序”现象

由于基层公安机关自身的问题和民警法律意识淡薄等深层次原因,目前,全国公安机关掀起了以执法规范化建设为重点的＂三项建设＂战役,迫切要求其改进工作方法,树立执法为民、以人为本的执法理念,杜绝执法执勤过程中存在的＂重实体,轻程序＂的不规范行为,防止执法者滥用权力,以此促进社会主义和谐执法建设的进程。     

中国区际警务执法合作的建构过程与特征初探

中国的区际警务执法合作是在四个互不隶属的法域、三种不同的法系、两种不同的政治社会制度中进行,尽管各法域的历史过程有所不同形成了文化区别,但都植根于中华文化文明,所以,构建过程中依赖共同文化底蕴和民族生存与发展的需要。经过30多年努力地孕育和开拓,从相互隔绝到接触、碰撞、磨合,达到今天的互信,构建了具有中国特色的区际警务执法合作机制,并基本适应了维护各地社会治安稳定的需要。     

西盟佤族原始法文化的原创性

西盟佤族法文化堪称原始法的典范,被国内外人类学家称为"人类原始社会的活化石",受到广泛关注。解读西盟佤族原始法文化的原创性将帮助我们反思现代法治进路的多元性和发展方向。文章试图从社会文化中研究原始法。一方面,通过对采访笔录、传说和历史叙事诗的考察,探寻原始的法意识和原始制度文化,试图从文化持有者的角度去理解西盟佤族法文化。另一方面,笔者又站在佤族文化圈以外,从"观察者"的角度,运用法人类学体系下的概念、范畴和术语,对西盟佤族社会的权威、规范和秩序进行分析、考察,进而理解原始法文化与现代法治的关系。在行文中,除了对相关资料进行整合、分析、评价外,还运用法人类学的"案例方法",借助一些典型性案例,真实展现西盟佤族法文化的原始特征和智慧因素。     

公安内部法律监督论

公安内部法律监督是国家法律监督的重要组成部分。其主体是公安机关内部法律监督部门,客体是公安机关的执法行为,内容是公安机关执法活动的合法性。开展公安内部法律监督,是保障公安执法权依法行使、建立和完善社会主义市场经济、加强社会主义民主法制建设、解决公安队伍自身存在的客观问题、保证外部法律监督措施得以落实的必然要求。公安内部法律监督主要通过对规范性文件的法律审核、对各类案件的审核把关、对执法过错行为实行责任追究等方式来实现。强化公安内部法律监督应当建立监督的力量机制,树立监督的权威地位,加大监督的力度,加强监督的制度化建设。     

Technology-Mediated Exposure to Police–Citizen Encounters: A Quasi-Experimental Assessment of Consequences for Citizen Perceptions

Anecdotal evidence suggests that recent video-recorded police–citizen encounters have undermined police legitimacy and fueled civil unrest across the United States. Drawing from the process-based model of policing, social cognitive theory, and past research on media effects, we assess the influence of viewing cell phone videos of police–citizen encounters on perceptions of law enforcement. Using quasi-experimental methods and video footage of an actual police–citizen encounter captured on cell phones, the effects of viewing these videos are assessed using a series of repeated measure ANOVAs. Results indicate that viewing cell phone videos of police–citizen encounters significantly impacts perceptions of law enforcement, though little evidence of differing effects based on point-of-view, number of video exposures, or ordering of video exposures was found. The process-based model of policing should consider further incorporating the contributions of technology to provide a more holistic account of the factors influencing perceptions of police.     

Brief history of law enforcement intelligence: Past practice and recommendations for change

Controversies have surrounded law enforcement intelligence because of past instances where the police maintained records of citizens' activities that were viewed as suspicious or anti-American, even though no crimes were being committed. This, of course, violates fundamental constitutional guarantees and offends the American sense of fairness with respect to government intrusiveness. Unfortunately, the boundary is not precise regarding the types of information the police can collect and keep. Some legal guidelines appear contradictory and the application of law to factual situations is often difficult. Beyond the legal ramifications, early intelligence initiatives by the police typically lacked focus, purpose, and process. Important lessons can be learned from these historical experiences that provide context and guidance for law enforcement intelligence today. Aggravating the [kinds of factors referred to above] has been the tenuous relationship between law enforcement intelligence and national security intelligence that has changed continuously since the mid-20th century. These changes have been both politically and legally controversial, responding to changing socio-political events in American history and most recently through post-9/11 counterterrorism efforts. As a result, there is value in understanding selected portions of history from both types of intelligence to gain context and understand the lessons learned.     

基于派出所法律实施的基层社会治理法治化——以浙江K派出所为例

改革开放三十多年来,"严打"、"普法"、"社会治安综合治理"以及"社会管理综合治理"等方式可以看作是国家对基层社会进行治理的探索.十八届四中全会提出"推进基层治理法治化"吹响了全面依法治理基层社会的号角.作为拥有执法人员数量最多的基层执法机构,处在社会矛盾解决第一线的派出所的法律实施依据、方法和技术理应为基层社会治理提供法治资源和法治路径.浙江省K派出所的案例、做法和制度有力地诠释了派出所的法律实施契合基层社会治理.派出所法律实施所展现出来的四大法治功能是推进基层社会治理法治化的桥梁.派出所应从人口管理、行政执法、刑事司法、服务社会、走群众路线、严格遵守程序原则和善于运用非正式制度性因素等方面来为基层社会治理法治化提供理念支持和行动榜样.     

浅谈人民警察执法权益受侵害的救济途径

社会转型期，人民警察在执法过程中人身、财产、精神等合法权益受到相对方不法侵害的现象时有发生，在我国现有的法制框架下，如何选择可操作的救济途径，以期合法、及时、有效地维护人民警察的执法权益。     

Forensic anthropology in Latin America

Forensic anthropology has been one of the fastest growing medico-legal disciplines both in its contribution to the practical needs of the legal system and research accomplishments. New anthropological standards were developed to apply to a specific population of a region. The purpose of this paper is to analyze a large sample of anthropological forensic cases and to review pertinent literature that deals with anthropological standards developed for the population of the continent of Central and South America. Using Uruguay as an example, there was not a single office or anthropologist assigned to analyze human skeletal remains in Uruguay. In 1991 the Laboratorio de Antropología Forense at the Morgue Judicial of Montevideo was created. A total of 189 forensic anthropological cases (276 individuals) were analyzed since this date. Twenty six percent of cases involving human remains were positively identified. The majority came from the Departamento de Montevideo, the largest population district of the country. Most of the cases fell into the 60 to 69 years old age range (35%). Females represented 32% of the total. Since the establishment of the laboratory, the number of forensic cases increased considerably from 20 in 1991 to 40 in 1997. The case studies were accompanied with skull-photo superimposition and facial reconstruction when no other evidence for positive identification was available. This service provided by the laboratory was quickly known to coroners, law enforcement agencies, and other legal authorities and thus utilized not only in Uruguay but also in several other countries in the continent. Because of the obvious need for an anthropologist, there are now university programs to provide forensic anthropological education. Yet, research has lagged behind considerably. Deficiencies are obvious in basic osteological standards of estimating age, calculating stature, determining sex and assessing race that can be applied to populations of the continent. Regional standards are also needed to estimate postmortem interval, to identify culture specific causes of trauma and other forensic phenomena. Some of these can be remedied if there is a database where the available literature is stored and osteometric information is shared.     

对公安民警合法权益维护问题的理性思考

公安民警合法权益受侵犯的原因有不良社会风气的影响;舆论导向的失误和偏差;法律法规不完善,公安民警正当的执法活动得不到有效的法律保证;使用警力不够慎重,导致警民关系紧张;民警整体身心健康状况不佳;民警在执法活动中的安全防范意识不强等。应建立和完善公安民警权益保障机制;保障公安民警身心健康,落实从优待警政策;通过教育培训进一步加强公安队伍正规化建设;加强维护民警正当执法权益的制度和法律建设;加速公安队伍物质装备现代化建设步伐,从而维护公安民警合法权益。     

试论人民警察职业道德建设中的道德两难问题

人民警察职业道德中的道德两难问题,主要有执法制度化与人性化的抉择、警察公权力与私权利的抉择、警察法定职责与社会角色泛化的抉择。究其原因,主要在于外部社会环境的复杂性、内部组织管理的缺陷及个体执法素质因素三个方面。解决道德两难问题,必须以法律为底线,具体对策包括推动法律与道德相协调、加强宣传舆论改善执法环境、加强警察执法权益的制度保障、加强警用装备设施建设、减少非警务活动、深化执法规范化建设六个方面。     

警察执法权益保护论纲

警察权益具有普遍性和特殊性，既包括警察的执法权益，也包括警察作为公民应享有的基本权利。警察权益遭受侵害，既有社会转型期社会矛盾加剧、公民法律意识淡薄、违法犯罪暴力化倾向严重和法制不健全、对侵害警察权益行为惩治力度不够、暴力袭警成本较低等原因；也有警察自身执法能力不高、自我防护意识不强和防护装备落后，以及公安机关不善于充分利用现有法律武器维权等多方面的原因。由此看来，保护警察权益是一项系统工程，必须采取多方面的措施。     

Policing in small town America: Dogs, drunks, disorder, and dysfunction

A handful of researchers examined the activities of law enforcement in rural areas. Much of the research on rural policing activities involved well-constructed ethnographic methodologies including observational studies, case studies, and in-depth interviews. These studies demonstrated that rural police officers faced a number of problems that their urban counterparts did not. Building on this past research, this article reports the results of a content analysis of law enforcement activity in one rural community over a two-year timeframe. In all, 948 police calls as described in one community's published media crime reports were analyzed. Results of the analysis suggested that rural policing requires officers who are trained as generalists and able to respond to an assortment of departmental and social/community needs. Implications are provided.