The Impact of Deterrence Policies on Reckless Driving: The Case of Portugal

In this paper, we test the effect of three different criminal deterrence theory policy tools: criminal certainty, severity, and celerity of punishment. Whereas most criminal deterrence studies in this field focus on the former two components of deterrence theory, this study also examines the potential deterrent effect of the latter component. Using a time-series design with monthly data, we estimate the effects of an increase in the threat of punishment for traffic offenses resulting from a general increase in fines for traffic offenses, an increase in the probability of getting caught with a blood-alcohol concentration (BAC) level outside the legal limits, and the enactment of an “on-the-spot” fine payment policy in Portugal. We find strong evidence to support a severity effect. An increase in the statutory severity of sentence maxima for traffic violations leads to a decrease in accident and injury rates—approximately an average 0.5 percent reduction in monthly accident and injury rates. Changes in the BAC levels and the mandatory swift payment policy did not produce any convincing deterrence impact.

论互联网上的版权限制

一、现行的版权限制制度 所谓版权限制,是指基于作品创作的社会属性,为了平衡版权人、作品传播者和社会公众之间的版权利益关系,法律规定版权人在享有权利的同时,必须对社会履行一定的义务,即版权人在行使权利时应当允许社会公众在法定的条件下使用     

Notes on the Reflexive Role of Cyberspace

Cyberspace (and Communications Technology (CT) in general) and law are linked reflexively and should be looked at as two sets of forces which will operate on each other at the same time. This means that it is wrong to merely examine them as if they were separate. Looking at CT and law, as part of a reflexive relationship which interacts in a dynamic world, it becomes clear that the potentially positive force of CT must deal with existing flaws within legal systems. This article will note systemic problems in legal systems, present and future trends which will operate on legal systems and some potentially negative synergies with CT. It will argue accordingly for a preventive and proactive approach.     

商业方法专利侵权行为研究

一、商业方法专利概述传统观点认为,专利权往往只授予有关技术领域的发明创造,传统的商业方法是明显被排除在专利法保护之外的。随着网络技术和现代通讯技术的迅猛发展,发明创造的增长点已经从传统的工业和服务业向高科技产业转移。随着电子商务的发展,许多高科技公司广泛地使用了一些在网络上进行商业活动的方法,即“商业方法”。所谓商业方法,是指有相关网络系统支持的软件和     

我国网络空间中的言论自由

网络空间中的言论自由具有较传统言论自由更高的价值,因此在对其进行规制的时候也应更为谨慎。然而我国在规制网络言论自由的时候不仅存在立法层级不高的问题,而且采取了比规制传统言论自由更加严厉的做法。要改变这种现状,就必须在改变立法理念、完善立法技术的基础上,以法律的形式对网络言论进行规范。     

The Nature of Real,Implanted, and Fabricated Memories for Emotional Childhood Events: Implications for the Recovered Memory Debate

A central issue in the recovered memory debate is whether it is possible to remember a highly emotional incident which never occurred. The present study provided an in-depth investigation of real, implanted, and fabricated (deceptive) memories for stressful childhood events. We examined whether false memories for emotional events could be implanted and, if so, whether real, implanted, and fabricated memories had distinctive features. A questionnaire was sent to participants' parents asking about six highly emotional, stressful events (e.g., serious animal attack) which the participant may have experienced in childhood. Next, across three sessions, interviewers encouraged participants (N = 77) to recover a memory for a false event using guided imagery and repeated retrieval attempts. In the first interview, they were asked about one real and one false event, both introduced as true according to their parents. In two subsequent interviews, they were reinterviewed about the false event. Finally, after the third inquiry about the false event, participants were asked to fabricate a memory report. Results indicated that 26% of participants recovered a complete memory for the false experience and another 30% recalled aspects of the false experience. Real, implanted, and fabricated memories differed on several dimensions (e.g., confidence, vividness, details, repeated details, coherence, stress). These findings have important implications for the debate over recovered and false memories.     

Self-Interest and Altruism in the Deterrence of Transnational Bribery

This article explains why states in which bribe payers are located("payor states") criminalize transnational bribery. It suggeststhat these initiatives can enable selfinterested payor statesto improve the terms upon which their nationals obtain the servicesof foreign public officials. Although the legislation in questionis not patently designed to further economic interests, it maybe only partially enforced in a manner consistent with the economicinterests of payor states. This implies that further attentionshould be devoted to analyzing how anti-bribery legislationis enforced.     

网上色情信息之法律管制

网络色情信息是在网络中传播的过度地渲染男女性关系和性行为的社会丑恶信息。防范网络色情信息在法律上有许多难点,会遇到文化观念的冲突、证据的收集和法律管辖等一系列问题。西方国家十分重视对网络色情信息的法律规制,其规制的程度、范围和方式受到它们传统文化观念和风俗习惯的影响,它们所积累的宝贵经验值得我国借鉴。我国在规制网络色情信息的过程中,要形成法治系统功能,在制度和技术方面双管齐下。     

解约可得利益赔偿之辩

合同一方违约,另一方依约或依法行使合同解除权的,仍可以请求赔偿损失,赔偿的范围包括可得利益的损失。合同解除并不消灭业已形成的损害赔偿关系,非违约方有权要求赔偿履行利益的损失,即便认为解约后之索赔对象为信赖利益,则信赖利益的损失也应包括可得利益的损失。我国《合同法》第97条之规定虽未明确赔偿的范围是否延及可得利益,但也未对解约后之索赔作出限制,依据整体解释、目的解释的原则,赔偿范围应当包括可得利益。只有这样,才能维护双方利益平衡。     

分权理论在防止公诉权滥用中的运用

分权作为防止权力滥用的基本方法,同样可运用于防止公诉权滥用。在宪法框架下,公诉权附属于行政权,或成为独立的法律监督权,与其他政治权力分立制衡;在诉讼程序中,公诉权独立于侦查权和审判权;在公诉权内部表现为公诉权主体的多元化,检察一体化下检察官之间的分权,公诉提起权、公诉决定权与支持公诉权的分权。     

Re-Examining the Functional Form of the Certainty Effect in Deterrence Theory

In this paper we explore the functional form of the risk-certainty effect for deterrence. Using a sample of serious youth offenders, we first estimate a simple linear model of the relationship between the perceived certainty of punishment and self-reported offending. Consistent with previous literature we find evidence of a moderate deterrent effect. We then examined whether, consistent with a linear model, the effect of perceived risk is truly constant at different ranges of the risk continuum. Estimating a nonparametric regression model that makes no a priori assumption about the functional form of the model but allows the data itself to yield the appropriate functional form, we found marked departures from linearity. Our examination showed evidence of both a tipping effect, whereby perceived risk deters only when it reaches a certain threshold (between an estimated risk of .3 and .4) and a substantially accelerated deterrent effect for individuals at the high end of the risk continuum. Perceived sanction threats did, however, have a non-trivial deterrent effect within the mid-range of risk. The implications of our findings for both theory and additional research are discussed.     

Incentivizing Responses to Self-report Questions in Perceptual Deterrence Studies: An Investigation of the Validity of Deterrence Theory Using Bayesian Truth Serum

Objective

Criminological researchers want people to reveal considerable private information when utilizing self-report surveys, such as involvement in crime, subjective attitudes and expectations, and probability judgments. Some of this private information is easily accessible for subjects and all that is required is for individuals to be honest, while other information requires mental effort and cognitive reflection. Though researchers generally provide little or no incentive to be honest and thoughtful, it is generally assumed that subjects do provide honest and accurate information. We assess the accuracy of deterrence measures by employing a scoring rule known as the Bayesian truth serum (BTS)—that incentivizes honesty and thoughtfulness among respondents.

Method

Individuals are asked to report on self-report offending and estimates of risk after being assigned to one of two conditions: (1) a group where there is a financial incentive just for participation, and (2) a BTS financial incentive group where individuals are incentivized to be honest and thoughtful.

Results

We find evidence that there are some important differences in the responses to self-reporting offending items and estimates of the probability of getting arrested between the groups. Individuals in the BTS condition report a greater willingness to offend and lower estimates of perceived risk for drinking and driving and cheating on exams. Moreover, we find that the negative correlation between perceived risk and willingness to offend that is often observed in scenario-based deterrence research does not emerge in conditions where respondents are incentivized to be accurate and thoughtful in their survey responses.

Conclusion

The results raise some questions about the accuracy of survey responses in perceptual deterrence studies, and challenge the statistical relationship between perceived risk and offending behavior. We suggest further exploration within criminology of both BTS and other scoring rules and greater scrutiny of the validity of criminological data.     

网络意识形态安全中意见领袖作用研究

移动互联网与智能终端的广泛运用对正确引导网络舆情和确保网络意识形态安全带来了一系列前所未有的崭新课题。网络意见领袖是活跃在虚拟世界场域以其舆论对广大网民以及网络舆情施加很大思想影响的特定公众,他们在营造网络舆论声势、传播和引导网络舆论走势以及制造网络舆论压力等方面对网络意识形态安全发挥着正负两个方面的作用。只有高度重视网络意见领袖在网络意识形态安全中的独特地位和功能,全面认识网络意见领袖对意识形态安全产生作用的独特影响因素,努力探索发挥网络意见领袖对意识形态安全积极作用的有效路径,才能以争取网络意见领袖的科学策略趋利避害,营造风清气正的网络舆论场域以确保网络意识形态安全和国家总体安全。     

Explaining the Role of Restrictive Rules in the Postreform House

Abstract Four competing explanations have emerged regarding restrictive rules in Congress. Informational theory claims that rules reduce information costs and facilitate committee specialization. The distributional perspective suggests that rules enforce legislative bargains and help members achieve gains‐from‐trade. Another claim is that rules increase the Rules Committee's independent influence over policy. Lastly, partisan theory asserts that rules are used to increase the majority party's influence over policy. Abstract This analysis tests these claims during the 97th, 98th, 104th, and 105th Congresses. The findings demonstrate that theoretical constructs developed in earlier analyses of special rules are not robust over time and across legislative contexts. The results refute majoritarian assertions that rules are used as informational devices. Similarly, little evidence supports the claim that Rules Committee preferences independently affect rule assignment. Instead, a partisan principal‐agent framework emerges as the most useful construct to explain procedural choice in the postreform House.     

An Examination of the Relationship Between Media Exposure and Fear of Victimization: Implications of the Superpredator Narrative on Juvenile Justice Policies

The media allow crime to infiltrate the public’s consciousness in every conceivable way, thereby playing a major role in shaping the public’s opinion and attitude toward crime and crime issues (Barak, 1995; Fields & Jerin, 1996; Kappeler & Potter, 2005). Reporters constantly talk about crime, and crime related stories dominate the headlines of local and national newspaper outlets (Dowler, 2003; Pizarro et al, 2007). Some of the most highly rated television programs are based on crime plots and people across social, political, and racial demographics are constantly engaged in crime dialogue generated from local or national news stories. When the focus of these mediums is on youth they become even more profound and contentious. The images portrayed conjure up stereotypes that lead to fear and inflammatory remarks that become entrenched into the national lexicon. The current study uses data from the National Opinion Survey of Crime and Justice to test the relationship between crime-related media viewership and fear of victimization within a nationally representative adult sample. Approximately 42.67% of respondents reported regularly watching crime shows and about the same proportion (42.83%) believed their local media paid too much attention to violent crime. In addition to regular crime-show viewership, confidence in the police, gender, and recent contact with the police were associated with fear of victimization. This article adds to an existing body of research through a largely unexplored area in the administration of justice. It does so within the context of the U.S. juvenile justice system.     

网络空间中侵犯著作权罪的法律适用

现行刑法和相关司法解释有关侵犯著作权罪的规定适用于网络空间存在诸多的问题。以营利为目的的限定使得许多网络空间中社会危害性巨大的故意侵权行为无法入罪。扩大解释发行以包含信息网络传播犯罪行为的做法导致了法律体系内部的逻辑矛盾,也不能有效规制网络空间中所有类型的犯罪活动。技术措施的刑事保护较为缺失,网络服务提供者的刑事责任则语焉不详。侵犯著作权罪的定罪标准和刑罚方式也未能充分考虑网络空间中犯罪行为的特点,有欠合理。对此,我们需要增加规定非以营利为目的、仅以故意为主观要件的侵犯著作权罪,规制任何侵犯法定著作权权能的犯罪活动,明确规避技术措施的刑罚配置,专门规定网络服务提供者的罪刑条件,完善侵犯著作权罪的定罪标准和刑罚方式。     

家庭主义、去家庭化和再家庭化:福利国家家庭政策的发展脉络与政策意涵

在工业化浪潮下,家庭普遍经受了冲击与挑战。对此,西方福利国家在不同程度上介入了家庭,推动了家庭政策的普及与发展。从纵向看,福利国家家庭政策在褪去了19世纪晚期原初发展的稚嫩后,于二战后经历了从家庭主义向去家庭化的黄金时期,并在20世纪90年代以来的成熟与转型中表现出一致趋向,即在强调家庭责任的同时亦凸显了对家庭的支持。其政策意涵在于,不同国家应以更加包容、积极的视野促成不同政策主体的合力,以此调和家庭主义、去家庭化和再家庭化的关系,推动家庭整体与成员个体目标的协调发展,并促进资源在家庭成员内部的均衡配置。