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Alexis E. Rischke Kim P. Roberts Heather L. Price 《Journal of Police and Criminal Psychology》2011,26(1):58-67
The present study assessed the progress of 13 investigative interviewers (child protection workers and police officers) before,
during, and after an intensive training program (n = 132 interviews). Training began with a 2-day workshop covering the principles
of child development and child-friendly interviewing. Interviewers then submitted interviews on a bi-weekly basis to which
they received written and verbal feedback over an 8-month period. A refresher session took place two months into training.
Interestingly, improvements were observed only after the refresher session. Interviews conducted post-refresher training contained
proportionally more open-ended questions, more child details in response to open-ended questions, and proportionally fewer
closed questions than interviews conducted prior to training and in the first half of the training program. The need for ‘spaced
learning’ may underlie why so many training programs have had little effect on practice. 相似文献
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Nicole A Vincent 《Criminal Law and Philosophy》2010,4(1):77-98
Various authors debate the question of whether neuroscience is relevant to criminal responsibility. However, a plethora of
different techniques and technologies, each with their own abilities and drawbacks, lurks beneath the label “neuroscience”;
and in criminal law responsibility is not a single, unitary and generic concept, but it is rather a syndrome of at least six
different concepts. Consequently, there are at least six different responsibility questions that the criminal law asks—at
least one for each responsibility concept—and, I will suggest, a multitude of ways in which the techniques and technologies
that comprise neuroscience might help us to address those diverse questions. In a way, on my account neuroscience is relevant
to criminal responsibility in many ways, but I hesitate to state my position like this because doing so obscures two points
which I would rather highlight: one, neither neuroscience nor criminal responsibility are as unified as that; and two, the
criminal law asks many different responsibility questions and not just one generic question. 相似文献
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This text is based on a staged dialogue conceived by Alice Lagaay and Juliane Schiffers, which closed the conference ‘How
not to speak’ (Wie nicht sprechen) at the Centre Marc Bloch in Berlin on 22 April. Critical comments and questions emerging from the discussion that took place
on that day are reflected in ‘Voice Off’. 相似文献
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This article focuses on a number of cases in international law in which US domestic courts have produced judgments that conflict
with those given by the International Court of Justice. The nature of these courts’ judgments has been extremely closely tied
to the interpretation given by the US national Executive to a certain international norm. This situation raises a number of
questions, which can be broadly categorized into two spheres: the legal (regarding the overall legality of the courts’ decisions)
and the semiotic (regarding the manner in which a ‘meaning’ for the norm has been claimed by the courts). In this article
we aim to provide answers to a number of these questions, both from the standpoint of international law and from that of a
reader-response model of semiosis. We also analyse the level of interdependency that exists between the two spheres. 相似文献
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Mark Greenberg 《Law and Philosophy》2011,30(4):453-476
In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology”
does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies
to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine
is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is ever
justified, it would not help Leiter’s parallel. Given Leiter’s way of drawing the parallel, the analogous position in the
legal case would be not the Legal Realists’ indeterminacy thesis, but the very different position that we have no vantage
point from which to address whether legal decisions can ever be justified. I then go on to address the more important question
of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with
empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would
not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy
thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy
thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement
proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. 相似文献
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Danielle Laberge 《Critical Criminology》1991,2(2):37-56
Although the notion of taking gender into account in social analyses has been around for some time, for the large partit has
not been taken seriously by criminologists. In this article, Laberge shows how the neglect of women's criminality has been
to the detriment of criminological inquiry. Through an examination of the questions usually asked about women in contact with
the penal system, the author takes us beyond an ‘additive’ approach to explaining crime. Reorganizing these questions, she
outlines a number of analytical distinctions that will transform our understanding of criminalized women, specifically, and
criminological inquiry, generally. 相似文献
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Leach AM Lindsay RC Koehler R Beaudry JL Bala NC Lee K Talwar V 《Law and human behavior》2009,33(1):96-109
We examined whether individuals’ ability to detect deception remained stable over time. In two sessions, held one week apart,
university students viewed video clips of individuals and attempted to differentiate between the lie-tellers and truth-tellers.
Overall, participants had difficulty detecting all types of deception. When viewing children answering yes–no questions about
a transgression (Experiments 1 and 5), participants’ performance was highly reliable. However, rating adults who provided truthful or fabricated accounts did
not produce a significant alternate forms correlation (Experiment 2). This lack of reliability was not due to the types of deceivers (i.e., children versus adults) or interviews (i.e., closed-ended
questions versus extended accounts) (Experiment 3). Finally, the type of deceptive scenario (naturalistic vs. experimentally-manipulated) could not account for differences
in reliability (Experiment 4). Theoretical and legal implications are discussed. 相似文献
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Didi Herman 《Critical Criminology》1991,2(2):57-76
Historically, legal discourse affirms the apparent naturalness of the heterosexual family, contributing to the invisibility
of social processes which privilege heterosexuality. In this paper, Herman examines ways in which this naturalization and
invisibility are the result of the delegitimation of knowledges which challenge the ‘Truth’ of law. Exploring the role of
the sociologist as expert witness in the recent Mossop decisions, but also aspects of other recent lesbian and gay litigation,
Herman raises a number of questions about the relationship between meaning and truth in law, and the constitution of sexual
identity through the legal process. In so doing, she raises questions central to feminist theory. 相似文献
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Though many years in the making, the UN Human Rights Norms forCorporations only registered on the radars of most states, corporationsand civil society organisations in August 2003 when they beganto move up the ladder of the United Nation's policy-making processes.Since then they have been subject to intense, and sometimesintemperate, debate, scrutiny and controversy. A particularlegal feature of the deliberations has been the focus on theclosely related questions of the legal standing of the Normsin their present format (namely, an imperfect draft, and therefore,of no direct legal force), and what they might become (possiblythoughnot likely soona treaty that speaks to corporations butbinds states). A potent mix of distrust and suspicion, vestedinterests, politics and economics has given rise to a greatdeal of grand-standing and cant concerning these questions andhow they might be answered. In this article, the authors explorethe history of the Norms and the form and content of the debatethat surrounds them, in their attempt to disentangle the legalfrom the rest. That said, the article also focuses on the realpoliticking of the circumstances in which the Norms now findthemselves and it seeks to offer some guidance as to where theNormsor at least their substance, if not their formmightgo from here. 相似文献
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Enforcement of Intellectual Property Rights through Border MeasuresLawand Practice in the EU By Olivier Vrins and Marius Schneider(eds), 2006, Oxford University Press Price: £175.00, Hardback,ISBN: 0199288798, 1424 pp It is a brave person who takes on the border regulations inone jurisdiction, let alone all of those in the Community. Experiencehas shown that the questions arising under the European borderrules are rarely plain and never simple. Hence anybody takingon the task of writing or editing a book about such things 相似文献
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The objective of this article is to explore how property seized under the federal civil-judicial forfeiture laws for drug
law violations is proceeded against by the government. The methodology is primarily exploratory. A sample of federal civil-judicial
drug forfeiture cases is described and then analyzed in regard to the relative importance of the cases’ characteristics. The
findings raise serious questions about the use of this policy and the government’s intent behind forfeiture. Implications
and suggestions for future research are also presented. 相似文献
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In his article in Trusts and Trustees, 2007, volume 13, No 7,Dakis Hagen discussed the increasingly widespread application,and the uncertain limits, of the Unruly rule in Hastings-Bass.In this article, co-editor Tony Molloy QC questions whetherwhat has come to be called the Rule in Hastings-Bass is anythingmore than a baseless snare. 相似文献
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David C. Mowery 《The Journal of Technology Transfer》2011,36(6):697-711
A substantial literature on nanotechnology innovation and commercial development has characterized several elements of these
phenomena as constituting new developments in the US national innovation system. Among these elements are the (asserted) “post-academic”
nature of US universities’ involvement with nanotechnology R&D, and federal funding of nanotechnology R&D on goals related
to economic competitiveness. This paper challenges the “novelty” of these elements, while suggesting that other elements of
nanotechnology R&D, including the extensive patenting of the results of nanotechnology-related research and the emphasis within
many university-industry collaborations on patent-based channels for “technology transfer,” may indeed be new and raise questions
for the long-term efficiency and innovative performance of nanotechnology-related R&D. 相似文献
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It is generally assumed that trade retaliation under the WTOperforms some kind of rebalancing by allowingthe injured Member to suspend concessions and obligationsvis-à-vis the violating Member of a level equivalentto the level of nullification and impairment sufferedby the injured Member. This article argues that this perceptionis misguided. The article first questions if a sensible comparatorexists with which equivalence for purposes of rebalancingcould be evaluated. It then argues that WTO arbitration decisionsdo not even succeed in their limited goal of providing for retaliationthat will affect trade in the same amount as the WTO-inconsistentmeasure at issue. One reason is the use of an asymmetric andunderspecified trade effects comparator. The other reason isvery significant miscalculation of the trade effects of theviolation, as shown by detailed legal-economic analysis of allrelevant arbitration decisions. The decisions concerning countermeasuresagainst prohibited export subsidies do not make any attemptat rebalancing in the first place. The articleconsiders political explanations of arbitration decisions. Itconcludes with some suggestions for improvement. 相似文献
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In this essay, we take the publication of the seventh edition of the casebook Social Science in Law (2010) as an opportunity to reflect on continuities and changes that have occurred in the application of social science research
to American law over the past quarter-century. We structure these reflections by comparing and contrasting the original edition
of the book with the current one. When the first edition appeared, courts’ reliance on social science was often confused and
always contested. Now, courts’ reliance on social science is so common as to be unremarkable. What has changed—sometimes radically—are
the substantive legal questions on which social science has been brought to bear. 相似文献
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There has been a growing interest in the historical development of criminology(ies) throughout the world. This paper examines the development of criminology in Taiwan (Republic of China) using both questionnaire and interview data. Textbooks, institutional development, and research activity are taken as proxy measures of a criminological tradition. Beginning with criminology in Republican China (1929–1949), the article explores the key features of change in criminology against the background of Taiwan's own particular adoption of social, political and economic ‘modernisation’. Foreign influence and the contemporary meaning of ‘indigenous’ are considered. The article ends with a research agenda for a grounded historical sociology of criminology on Taiwan; key identified research questions relate to sponsorship, research priorities and the production of criminological knowledge; the reception of research by policy communities and practitioners; the relationship between criminological knowledge and politics; and the processes of selective appropriation. 相似文献
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Candice A. Skrapec Ph.D. 《Journal of Police and Criminal Psychology》2001,16(2):10-24
This paper revisits the important task of defining serial murder. A review of the history of the term reveals the use of arbitrary
and inconsistent criteria by various researchers, raising serious questions as to their validity and reliability. The need
to identify specific elements that distinguish serial homicide from other forms of multiple is underscored. Problems associated
with the failure to apply consistent criteria are discussed. It is a contention of this work that there exists an aspect of
serial murder—as most researchers intend the term—that is inherently distinctive. A definition of serial murder based upon
the primary—and intrinsic—motivation of this kind of offender is offered for consideration. 相似文献