The Influence of Legal Reform on the Probability of Arrest in Domestic Violence Cases

Using domestic violence incidence and arrest data from Maryland (1991–1997), this research examines whether the proportion of incidents that result in arrest increased due to a legislative initiative implemented in 1994 and, if so, whether this change is uniform across different types of offenders (race and gender) and offense characteristics. Using interrupted time‐series analysis (ARIMA), we observe an increase in both the number of incidents reported to police and the percent of reported cases resulting in arrest. The legislative intervention has a significant positive impact on arrest likelihood above and beyond the increase over time for the state as a whole. While arrest probabilities increased across the board for males and females, African American and Whites, the ARIMA models do not suggest that the legislation differentially impacted arrest probabilities for these groups.     

Predicting Consistency Between Officially Recorded and Self-Reported Records of Arrest

National Youth Survey Family Study (NYSFS) respondents were examined to identify the characteristics of individuals and their sociological environments, that would make them more likely to have consistency between self reported and officially recorded records of arrest. Somewhat surprisingly, it was found that those most likely to be at risk of arrest (males, high exposure to delinquent friends, higher level of substance use) are more likely to have consistency between officially recorded and self-reported arrests. Findings will be helpful in both producing more accurate information on arrests and in increasing sensitivity to the possibility of bias in arrest records that may be based on sociodemographic or behavioral characteristics of the individual.     

船舶扣押中的若干法律与实务问题浅析

船舶扣押关系实质是民事诉讼法律关系 ,其主体、客体和内容应符合法律的相应规定。重复扣船、多次扣船、择地诉讼及错误扣船等是扣船实务中较常见的棘手问题 ,作者在理论上给予了释疑     

Problems of Democratic Accountability in Network and Multilevel Governance

Abstract:  Most studies converge on the growth of processes of 'multilevel governance' (MLG) in policy making, related to the often combined trends towards supranationalism and regionalism. Such processes are usually analysed under the angle of their efficiency, while their impact on the quality of democracy is neglected. This article first defines the concepts of multilevel governance and accountability, and then identifies the various dimensions of the latter. It further argues that MLG generates novel forms of accountability, but undermines its democratic dimension mainly for the following reasons: the weak visibility of MLG networks, their selective composition and the prevalence of peer over public forms of accountability.     

关于我国劳动合同制度两个问题的探讨

本文讨论了目前我国的劳动合同制度中在建立和稳定劳动关系方面存在的不足。并提出以下建议 :在建立劳动关系方面 ,明确规定与劳动者订立劳动合同是用人单位的义务 ;增强劳动合同制度的可操作性 ;加强建立劳动合同制度的力度。在稳定劳动关系方面 ,扩大无固定期限劳动合同的范围 ;对解除劳动合同的权利加以限制、赔偿标准加以明确。     

职务犯罪案件批捕权上提一级可能产生的问题及对策选择

逮捕作为以剥夺人身自由为手段的一种最严厉的强制措施,它的准确适用不仅关系到案件的及时高效侦破,也关系到犯罪嫌疑人人身和自由的保障。随着我国司法改革的不断深入,理论和实务界开始讨论刑事案件审查批捕权的归属问题,尤其是对具有特殊性和复杂性特点的职务犯罪案件逮捕权归属问题的争论尤为激烈。     

Predicting Conduct Problems from Community and Family Violence: The Moderating Effects of Hurricane Katrina

Although the devastation was immediately apparent, the effects of Hurricane Katrina on the behavior of youth are just now being revealed. Much post-disaster research targets adjustment of adults, but ample evidence indicates that youth experience a variety of psychological symptoms following a disaster, including depressive symptoms, aggression, and symptoms of posttraumatic stress. The aim of the current study was to determine whether hurricane exposure serves as a risk factor for developing conduct problems among violence-exposed youth. Results indicate that hurricane exposure had differential effects on the relations between conduct problems and community violence versus corporal punishment in the home. Though not statistically significant, there was an unexpected trend for youth with high hurricane exposure to show decreased conduct problems and those with low hurricane exposure to show increased conduct problems as violence exposure increased. Hurricane exposure played the predicted role in the relation between corporal punishment and conduct problems, such that high levels of hurricane exposure predicted increased conduct problems among youth experiencing high levels of corporal punishment, but not among those experiencing low levels of corporal punishment. Implications for future research and practice are discussed.     

A Multilevel Test of Minority Threat Effects on Sentencing

Prior studies of criminal sanctioning have focused almost exclusively on individual-level predictors of sentencing outcomes. However, in recent years, scholars have begun to include social context in their research. Building off of this work—and heeding calls for testing the racial and ethnic minority threat perspective within a multilevel framework and for separating prison and jail sentences as distinct outcomes—this paper examines different dimensions of minority threat and explores whether they exert differential effects on prison versus jail sentences. The findings provide support for the racial threat perspective, and less support for the ethnic threat perspective. They also underscore the importance of testing for non-linear threat effects and for separating jail and prison sentences as distinct outcomes. We discuss the findings and their implications for theory, research, and policy.     

A Multilevel Analysis of Community Effects on Criminal Sentencing

This research examines the influence of several important community characteristics on the sentencing of convicted felony defendants, net of other predictors associated with sentencing decisions. Using an appropriate multilevel technique, I find that several community characteristics affect the likelihood that defendants are sentenced to prison versus jail. However, none of the community characteristics influence the odds of prison versus non‐custodial sanctions or jail versus non‐custodial sanctions for these defendants. This underscores the importance of using sentencing measures beyond the basic “in/out” dichotomy. Even more importantly, the results suggest that there remains a statistically significant and substantial amount of sentencing variation across counties after controlling for relevant individual‐ and community‐level factors. The implications of these findings for research, theory, and policy‐making are discussed.     

The Effects of Suspect Characteristics on Arrest: A Meta-Analysis

PurposeSynthesis research on the correlates of arrest has had a long history of analysis in police decision making research. Yet, much of this line of synthesis research has found mixed results and has been unable to definitively state whether relationships exist between suspect demographic characteristics, race, gender, age, and ethnicity, and arrest. This research attempts to clear this confusion created by previous synthesis attempts particularly.MethodsMeta-analysis was used to generate weighted mean effect sizes of the effect of race, gender, age, and ethnicity on arrest. Effect sizes were weighted using the inverse variance method and random effects modeling was also used. Moderator analyses were also performed.ResultsBlack individuals, males, and Hispanic individuals were significantly more likely to be arrested than white individuals, females, and non-Hispanic individuals. These effects persisted across the majority of moderator categories. Age was not a significant predictor of arrest.ConclusionsThe results here bring some degree of order to a large amount of arrest decision making literature. The findings confirm the results of a previous meta-analysis on race and arrest and also expand upon that research. These results expand “what we know” about the effect of race on arrest.     

金融凭证诈骗罪疑难问题探析

金融凭证指银行及银行类金融机构依法办理银行业务所使用的结算凭证;伪造、变造的金融凭证除形式要件虚假之外还包括有权制作人或无权制作人违法制作不实内容、形式要件真实的金融凭证。"使用"只指直接兑现金融凭证记载的财产权利,不包括用其质押、展示等间接使用。使用作废金融凭证或只是冒用他人真实有效的金融凭证诈骗不构成金融凭证诈骗罪。采盗窃、抢劫、抢夺等手段获真实有效金融凭证冒用取财以其手段行为定侵犯财产罪。内外勾结利用职务之便使用伪造、变造的金融凭证取财应以主犯人身份构成的罪名定性。     

Gender Differences in the Nature of the Intimate Partner Violence and Effects of Perpetrator Arrest on Revictimization

The majority of research on intimate partner violence (IPV) has addressed male-to-female violence, although a small but growing body of literature has developed that explores males victimized by female partners. This study used data from the National Crime Victimization Survey from 1987 to 2003 to examine male victimization by comparing the nature of violence to female victimization and by exploring the effect of perpetrator arrest on preventing revictimization. The sample was comprised of 2,462 female and 298 male victims. Study variables included gender, arrest, revictimization, type of violence, injury, and use of a weapon. Results showed that men were victimized by IPV less frequently than women and received fewer injuries, although they were more likely to experience more severe violence. Police arrested female perpetrators, but generally only if injury was involved; however, arrest did not reduce male victims’ chance of revictimization.     

审查逮捕适用宽大刑事司法政策存在的问题及其对策

在审查逮捕工作中,对构成犯罪但可能被判处徒刑以下刑罚,或作微罪不诉处理的犯罪嫌疑人是否有逮捕的必要,一直是困扰办案人员的一道难题。其主要原因在于执法不统一、逮捕必要性难以考察、取保候审和监视居住的诉讼保障功能难以发挥、不批准逮捕引发现实冲突等,由此造成批捕率居高不下的现状。在贯彻执行宽严相济刑事司法政策的形势下,这一难题显得尤为突出和急待解决。建议加强检察队伍能力建设、建立有效工作机制和社会保障机制、完善立法。     

The Effects of Domestic Violence on Women's Employment

This article presents some results of a random household survey that examined the effects of domestic violence on the labor force participation of 824 women living in a low‐income neighborhood. It also uses data from twenty‐four long interviews.
Eighteen percent of the respondents reported having experienced physical aggression in the past twelve months, and 11.9% reported more severe physical violence. Women who reported abuse were more likely to have experienced unemployment and held more jobs and to report more health problems. They also had lower personal incomes, and were significantly more likely to receive public assistance. At the same time, women who reported abuse were employed in roughly the same numbers as those who did not. Thus, it appears that domestic violence may depress women's socioeconomic and occupational status attainment over time, but does not affect employment status per se.  The article concludes with comments about the implications of the findings for the redesign of public assistance and job training programs.     

逮捕权运行的实证分析

逮捕权是检察机关的一项重要权力,运用得恰当与否,既关系到打击犯罪的力度,又涉及犯罪嫌疑人的权利,必须慎之又慎。我们通过实证分析的方法,用数据解释了当前逮捕权运用中存在的逮捕率偏高、逮捕人员处轻刑比例偏高、外地人与本地人适用不平衡、未成年人逮捕比例偏高等问题,分析上述问题的深层次原因,并提出通过转变司法观念、完善捕后变更强制措施、利用社区矫正制度等相应方案,解决这些问题。     

Financial Challenges and their Possible Effects on Proceedings

By relying on voluntary funding to finance their shares of thebudget of the Cambodian Extraordinary Chambers (CEC), both theUnited Nations (UN) and the Cambodian Government are creatinguncertainty, jeopardizing long-term planning and risking theperceived impartiality of the CEC. Lessons from the SpecialCourt for Sierra Leone suggest that the UN may need to fundthe CEC through assessed contributions if these risks are tobe avoided. This may be politically improbable while the CambodianGovernment maintains institutional control of the CEC.     

金融诈骗罪认定的几个问题

文章就以下六个问题作了分析和阐述1.认为刑法分则第三章第五节中虽然有五个条文未规定以非法占有为目的,但犯罪构成中是自然包含着这一目的,如果不具备这一目的,则不应以金融诈骗罪论处.2.认为以合法手段取得贷款后,再采取欺诈手段不归还贷款的,也应当以贷款诈骗罪论处.因为只要具有非法占有的目的,贷款前后采取欺诈手段并无本质上的区别.3.认为单位使用信用卡诈骗的,可以按个人信用卡诈骗罪论处.4.认为使用信用证诈骗的,即使诈骗未遂,也应当以犯罪论处.5.认为采用诈骗手段贷款后用于生产经营,因经营亏损而无力偿还贷款的,也应当以犯罪论处.6.文章最后指出,所有的金融诈骗罪都是从诈骗罪中分离出来的,认为这种分离除了徒增条文的数量和司法实践的麻烦外,没有多少实际意义.因而建议下次修改刑法时,应将金融诈骗罪仍然并入诈骗罪之中.     

审查逮捕的证明标准

“证明标准”一词在美国刑事证据法中的本来含义是指控诉方运用证据证明被告人有罪必须达到的程度。它既是控诉方依法履行证明责任所必须达到的尺度,即“证明度”,也是事实的审判者判断指控的犯罪事实成立的前提条件。美国联邦最高法院哈兰大法官指出:“证明标准代表了一种努力,以期指示事实的发现者,要达到何种程度的信念才能做出正确的事实结论”。①在刑事诉讼证明体系中,证明标准解决的就是在证明达到何种程度时,才能认定被告人有罪。在审查逮捕环节,“逮捕,作为刑事诉讼过程中最为苛刻的强制羁押措施,其适用是受到严格限制的。除了嫌疑…     

书写方向对笔顺和笔径的影响

以反犬旁、山字为目标字,收集了1178份有效笔迹样本,其中反犬旁常见笔顺样本954份,当用常见笔顺书写反犬旁时,第一个撇笔有正反2种笔径,分性别检验山字笔顺与反犬旁第一撇的笔径的相关性,用似然比测定其相关程度。字的书写方向因子可以解释山字笔顺与反犬旁笔顺、笔径相关的结果,研究结果支持了书写能力结构的因子假说。