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Forensic psychology has not systematically examined the problem of evaluating the credibility of allegations of marital violence within the context of a child custody case. The importance of this issue stems from the negative effect of family violence on children, the implications for parenting effectiveness, and consideration of the feasibility of joint custody. When marital violence has not been previously disclosed or objectively documented by prosecution, there is a need to examine the credibility of the allegations because of the strategic incentive for both sides to distort historical events. A six-factor model is presented to assist the child custody evaluator and judicial decision maker in this task. A risk assessment approach to marital violence in the custody evaluation context is presented. The need to examine the empirical basis of marital violence allegations in custody litigation should not discourage victims from raising the issue and does not diminish the seriousness of family maltreatment as a social problem.  相似文献   

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JIANG YU  ALLEN E. LISKA 《犯罪学》1993,31(3):447-464
The 1970s witnessed a renewal of interest in deterrence theory. Examining the functional form of the relationship between certainty of punishment and crime rate, Tittle and Rowe (1974) and Brown (1978) report a threshold effect: Below a certainty level of about .30 (the tipping point), they observed no relationship and above that level they observed a strong negative relationship. Unfortunately, few large cities achieve that level for most crimes. This interesting finding has rarely been followed up. Drawing on reference group theory, we extend this research by disaggregating the analysis by crime and race. While racial majorities may not experience certainty levels above the tipping point, some research suggests that racial minorities do experience such levels. Supporting this, our analysis shows a reference group effect for racial majorities and minorities and a curvilinear relationship, reflecting tipping and ceiling points, between certainty of punishment and crime rates for only racial minorities.  相似文献   

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应从立法上考虑条约在我国的效力问题   总被引:2,自引:0,他引:2       下载免费PDF全文
李鸣 《中外法学》2006,(3):351-360
<正>本文的主题属于国际法与国内法关系的范畴。条约在一国(国内)的效力包含三个基本问题:第一,条约是否可以在一国为法院所直接适用?第二,条约在一国国内法上的地位如何?这个问题也可以表述为:当条约和国内法抵触时,谁优先适用?第三,在一国国内谁有权按照什么规则解释条约?  相似文献   

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The Family Court of Australia provides conciliation counselling to couples who are involved in disputes regarding their children following separation. In cases where domestic violence is involved, the appropriateness of providing counselling has been seriously questioned. This study is an extension of earlier work completed by the authors that specifically examined client satisfaction with counselling in cases involving domestic violence. This article examines client and counsellor perceptions of the counselling process and its outcomes.  相似文献   

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An often implicit assumption of perceptual deterrence tests is that the elicited values pertaining to arrest risk reflect stable underlying beliefs. But researchers in other disciplines have found that reported expectations are highly susceptible to exogenous factors (e.g., anchors and question ordering), indicating that such values are somewhat arbitrary responses to probabilistic questions. At the same time, reported expectations are coherent within persons, such that respondents rank order them rationally. For deterrence, then, absolute values reported on arrest risks are likely not stable but individuals still rank order specific crimes in meaningful ways. We examine the interpretability of reported arrest risk for three possibilities: 1) Reported risks are stable probabilistic values; 2) reported risks are arbitrary and uninformative for deterrence research; or 3) reported risks display “coherent arbitrariness” with unstable values between individuals but stable rank ordering of crimes within individuals. Through the use of three random experiments of college students, our results indicate that elicited risk perceptions are arbitrary in that they are influenced by the presentation of anchors and question ordering. Nevertheless, the rank ordering of crimes within and across conditions is unaffected by the presentation of anchors, suggesting that reported risks are locally coherent within persons.  相似文献   

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JOHN R. HEPBURN 《犯罪学》1977,15(2):235-262
Police intervention is thought to have an impact upon the juvenile's perception of himself and his role expectations. The data indicate the degree to which the frequency and severity of official delinquency, as well as the severity of disposition, office the juvenile's see-satisfaction. delinquent identification, commitment to delinquent others, commitment to future delinquency, and attitudes toward police. the results of partial correlation coefficients and stepwise regression suggest that police intervention has little impact upon the juvenile when socioeconomic status and, especially, involvement in delinquent behavior are controlled. It is concluded that the juvenile's perceptions of himself and his attitudes toward others, as they relate to delinquency, are more likely to be grounded in the experience of his delinquency involvement than in the experience of coming to the attention of social control agents.  相似文献   

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