Battered women who kill their abusers: an examination of commonsense notions, cognitions, and judgments

It has been argued that battered women who kill their abusers represent a special class of defendants being unfairly treated in the legal system. As a result, commentators have argued for reforms to permit the judicial system to respond more fairly. Researchers have investigated the influences of these prescribed legal modifications and the possible influence of various demographic and psychological factors on legal reforms. However, social scientists have not yet asked some fundamental, psychological questions. Is the law consistent with what society believes is right and just? Is there a commonsense notion of justice in these cases? What factors constitute cognitive decision rules and influence judgments in cases of battered women who kill their abusers? This study uses a basic, psychological method to identify psychological factors that are important in judgments regarding battered women who kill and to better understand commonsense notions of justice in these cases.     

牙齿结构变化图像分析测量指标与个体年龄相关性的研究

用图像分析法对牙齿结构变化指标与个体年龄相关性进行研究,所用牙齿标本均取自香港大学口腔生物中心牙库,共得到人体牙齿842颗,标本来源的个体年龄范围为13～84岁,采用Kontron电子计算机图像分析仪直接测量法进行各牙齿标本的外表和切片检查,检查所得数据均输入电子计算机数据库软件,并使用社会科学统计专用软件包(spss)进行相关性分析。结果表明,与个体年龄相关性较好的指标依次为TP2’,S2,T2’,EP,TCI等,如按牙齿类型分类,与个体年龄相关性较好的指标为:T2’,S2’,TCI等(切牙与尖牙类),CCP’,EP’,E’等(前磨牙类),TP2’,S2’,EPWNL’等(磨牙类)。     

Empowerment and State Education: Rights of Choice and Participation

Two separate discourses surround the involvement of parents in their children's education in schools. One is concerned with what is often referred to as 'parent power,' based on the conferment on parents of rights to a degree of choice and participation in respect of their children's education, a feature of legislative changes to the governance of state education that started with the Education Act 1980 and which, in part, rests on consumerist and liberal rights based notions. The other focuses on the home-school partnership ideal in which parents and schools have obligations to support each other in realising children's potential. Labour and Conservative 2005 general election campaigns included proposals to 'empower' parents. But social rights such as those in education, which are important to notions of citizenship, tend to be weak. This article concludes that over the past 25 years little power has been ceded to parents, individually or collectively, and that, in the case of rights of choice at least, any further empowerment seems unrealistic. Moreover, the principal mechanism of parental involvement, particularly since 1997, has been the enforcement of parental responsibility, a form of 'technology of citizenship'. The extent to which children hold participation and choice rights is also considered.     

我国就业中年龄歧视的实证研究——以1995～2005年上海和成都两市30万份招聘广告为例

就业中的年龄不属被劳动法禁止的歧视种类。据对1995年我国《劳动法》施行到2005年这11年期间30万份报刊广告招聘条件的统计,用人单位录用劳动者主要集中在35岁以下,40岁以上普遍受到用人单位的差别排斥。年龄歧视成为劳动法规定的平等就业与现实差距最大的一个现象。用人单位对劳动者实行不合理的年龄差别,严重限制、剥夺并影响到劳动者平等就业权利的实现。消除这个普遍的、严重的歧视种类:一方面可以在制定劳动就业促进法中增加禁止年龄歧视的种类,另一方面可以考虑在制定反歧视法中明确把年龄歧视作为法律禁止的歧视类型。     

Low self-control,gender, race,and offending in late life

Self-control theory has been one of the most scrutinized general frameworks of crime for over 20 years. A majority of evidence pertaining to the theory, however, is derived from samples of teenagers and young adults. Relatively little information exists regarding whether self-control explains offending among people in late adulthood. As such, the generality of the framework has yet to be fully examined. This study uses a representative sample of people aged 60 years and older from interviews conducted in Arizona and Florida. The current study tests two key propositions regarding the generality of the theory: (1) the extent to which self-control accounts for the relationship between demographic variables and criminal offending, and (2) the invariance thesis which stipulates that self-control will have a uniform effect on offending across social groups. The analyses reveal two findings regarding theoretical generality: (1) low self-control explains late-life criminal behavior but does not account for the relationship between offending and gender, and (2) low self-control has an invariant effect on offending across gender and race when measured behaviorally. Taken together, the analyses address important elements of the supposed generality of self-control theory and extend the framework's scope to the explanation of offending in late life.     

Morbidity and cause of death in homeless persons

The Hamburg Institute of Forensic Medicine analysed 388 deaths of homeless people between 1990 and 1998 considering demographic data, post-mortem results and autopsy findings. The manner of death was either unnatural or unascertained; the autopsy rate amounted to 43.8%. The results confirm the observation discussed in the last few years that homeless people are usually in a poor state of health. In relation to the average age of death, which is 44.5 years, the number of previous diseases is high. Unnatural causes (excluding homicides) account for a high percentage, viz. 62.6%, primarily intoxications. The most frequent natural cause of death is infection (16.8%). Women account for 8.5% of the deaths with their organ findings and causes of deaths being different from those of homeless men in terms of distribution and incidence. The data presented in this report may be helpful for the improvement of the present system of medical help in Hamburg.     

Sparing the rod: Schools, discipline and children's rights in multicultural Britain

How should we treat unruly children in our schools? Which punishments are appropriate? successful?; and will they instill order and discipline in the next generation? These are the perennial questions asked by adults, answered by adults, and rarely posed to children themselves! Instead, educationalists and parents have sought to control minors by resorting to a variety of disciplinary sanctions. Today, however, the questions have to be set within a developing philosophy of `children's rights' whereby young people are seen as having entitlements which challenge existing notions of adult authority. This paper explores these issues within an overarching theme of human rights. It does not seek to promote the case for children's rights in isolation, but rather locates the question within the context of rights and responsibilities of pupils, teachers, and parents. Discussion provides an historical perspective on physical chastisement in the home and at school; analysis of the impact of the European Court of Human Rights on abolition in Britain; and a review of alternative sanctions being explored. Further, attempts to re-introduce the cane are considered notwithstanding clear indication from Strasbourg that violence can no longer be condoned. Finally, the dignity and integrity of the person will continue to be at the forefront of the debate on children's rights as there is clearly discernible an international dissemination of legal norms which can serve as a mechanism of social control, responsive to changing popular ideologies and effecting influence on social policy and practice.     

Prevalence and correlates of elder mistreatment in South Carolina: the South Carolina elder mistreatment study

The purposes of this study were to (a) derive prevalence estimates for elder mistreatment (emotional, physical, sexual, neglectful, and financial mistreatment of older adults [age 60 +]) in a randomly selected sample of South Carolinians; (b) examine correlates (i.e., potential risk factors) of mistreatment; and (c) examine incident characteristics of mistreatment events. Random Digit Dialing (RDD) was used to derive a representative sample in terms of age and gender; computer-assisted telephone interviewing was used to standardize collection of demographic, correlate, and mistreatment data. Prevalence estimates and mistreatment correlates were obtained and subjected to logistic regression. A total of 902 participants provided data. Prevalence for mistreatment types (since age 60) were 12.9% emotional, 2.1% physical, 0.3% sexual, 5.4% potential neglect, and 6.6% financial exploitation by family member. The most consistent correlates of mistreatment across abuse types were low social support and needing assistance with daily living activities. One in 10 participants reported either emotional, physical, sexual, or neglectful mistreatment within the past year, and 2 in 10 reported mistreatment since age 60. Across categories, the most consistent correlate of mistreatment was low social support, representing an area toward which preventive intervention may be directed with significant public health implications.     

A comparison of criminal sexual conduct defendants based on victim age

This study compared defendants charged with Criminal Sexual Conduct whose victims were <6 years of age with defendants whose victims were 12 or more years of age. The study included 163 men referred to the evaluation unit of a state center for forensic psychiatry. Thirty-eight men had younger victims (YVs) and 125 men had older victims (OVs). The variables of comparison were defendant demographic and psychiatric variables frequently identified in the sex offender literature. Controlling for other demographic and psychiatric variables by use of logistic regression modeling, elderly defendants (60 years or greater), and incest offenders were three times more likely to have YVs (Odds Ratio [OR] 3.08 and 3.11, respectively). Unlike previous studies defendants with serious psychiatric pathology (psychosis or mania) were no more likely to have YVs (OR 0.66) than were defendants without psychosis.     

Introduction: disability,partnership, and family across time and space

ABSTRACT

Notions of family life and romantic partnership, like notions of disability, have been culturally constructed and socially produced over historical time, and our understandings of these notions are being continually challenged and re-negotiated across time and space. Policies, institutions, and cultural practices across the globe have brought about changes to the construction of the family and to the rights and inclusion of disabled people in private and public life. This special issue brings together a collection of studies from different countries and time periods to explore the interplay between disability, romantic partnerships, and family life across the individual lifetime and between generations. With this interdisciplinary collection, we seek to merge disability research and research on family and partnerships through a life course lens. This offers unique insights and opportunities to interconnect historical and cultural location and changing social institutions with individual and family experiences. This introduction presents the eight studies in the collection and discusses them within a life course frame that views disabled people’s roles as partners, spouses, and members of a family. In so doing, it engages in an analysis of (dis)similarities concerning how family dynamics, romantic relationships, and disability have developed over time and in different spaces.     

Representation in Westminster in the 1990s: The ghost of Edmund burke

Why are ‘trustee’ notions of representation still invoked in the UK House of Commons in the 1990s? In answering this question this article analyses the premises of Burkean theory and the arguments that these premises are of little relevance in the late twentieth century. Despite these dismissals of trusteeship, Burkean ideas are still articulated in the Commons some 200 years after they were first voiced. The idea of trusteeship can prove extremely useful to justify the actions of representatives when those actions conflict with constituency ‘opinion’, party policy or the wishes of interest groups. Examples of the occasions when Burkean notions have been invoked in the 1990s are provided.     

Service to servitude? The decline and demise of life-cycle service in England

Life-cycle service was an essential institution in early-modern England that slowly died during the transition from a pre-industrial to a fully industrial economy. A socially pervasive and culturally broad movement of young people from their parental homes to live and serve in the homes of others, life-cycle service was integral to the demographic, economic, and social framework of the era and could not survive when that framework changed. This article examines the institution of life-cycle service, some of the underlying demographic, economic, and social structure that supported it, the changes in that structure that led to its demise, and the ramifications for young people of that demise. Although inevitable, the loss of life-cycle service with its broad social base denigrated service as an institution and was not without other costs especially for young women.     

Defining, assigning and designing sex

This article challenges the distinction the law draws between male and female. It focuses on the legal and medical treatment of intersexual people. Analysing the nature and rate of intersexuality it argues that there is a significant number of people who cannot be described as either male or female and instead exhibit a range of sexual characteristics. Until recently the law and medicine have insisted that intersexual people should be categorized as either male or female. Surgery was performed to ensure that they had the appearance assumed to be the 'norm' for a man or woman and the law followed this medical assignment of sex. Over the last couple of years the established medical practice and the legal treatment have been challenged. This article discusses the nature of these challenges and argues that there is a strong case for rejecting the traditional legal and medical approach to intersexual people. Cosmetic surgery on intersexual babies should be delayed until the individual is old enough to be able to choose their own sexual identity, which may be neither male nor female. The insistence that every person must either be male or female is no longer supportable in medical or social terms and a much wider range of sexual identities must be recognized by the law.     

Family history in canada

Life-cycle service was an essential institution in early-modern England that slowly died during the transition from a pre-industrial to a fully industrial economy. A socially pervasive and culturally broad movement of young people from their parental homes to live and serve in the homes of others, life-cycle service was integral to the demographic, economic, and social framework of the era and could not survive when that framework changed. This article examines the institution of life-cycle service, some of the underlying demographic, economic, and social structure that supported it, the changes in that structure that led to its demise, and the ramifications for young people of that demise. Although inevitable, the loss of life-cycle service with its broad social base denigrated service as an institution and was not without other costs especially for young women.     

Do blind people see race? Social, legal, and theoretical considerations

Although the meaning, significance, and definition of race have been debated for centuries, one thread of thought unifies almost all of the many diverging perspectives: a largely unquestioned belief that race is self-evident and visually obvious, defined largely by skin color, facial features, and other visual cues. This suggests that “seeing race” is an experience largely unmediated by broader social forces; we simply know it when we see it. It also suggests that those who cannot see are likely to have a diminished understanding of race. But is this empirically accurate?I examine these questions by interviewing people who have been totally blind since birth about race and compare their responses to sighted individuals. I not only find that blind people have as significant an understanding of race as anyone else and that they understand race visually, but that this visual understanding of race stems from interpersonal and institutional socializations that profoundly shape their racial perceptions. These findings highlight how race and racial thinking are encoded into individuals through iterative social practices that train people to think a certain way about the world around them. In short, these practices are so strong that even blind people, in a conceptual sense, “see” race. Rather than being self-evident, these interviews draw attention to how race becomes visually salient through constitutive social practices that give rise to visual understandings of racial difference for blind and sighted people alike. This article concludes with a discussion of these findings' significance for understanding the role of race in law and society.     

The Legal Dimensions of Whole-Process People’s Democracy

The concept of whole-process people’s democracy can be analyzed in terms of four the rule of law dimensions: continuous democracy, authentic democracy, extensive democracy and consultative democracy. Continuous democracy means that democracy provides a continuous and uninterrupted mechanism in terms of stage, time and space, which can ensure the continuous participation of the people in the management of state and social affairs. Authentic democracy is not only embodied creation of opportunities and conditions for the people to have more channels and methods of participation in the management of state and social affairs, but is also reflected in the process of democratic practice, including the protection of legitimate rights and interests of the minority. Extensive democracy means that the people are fully and deeply involved in the management of state and social affairs as well as their own affairs, from the operation of the state system to social life at the community level, and from pre-election to post-election. Consultative democracy is a means of realizing people’s democracy in the whole process. It applies consultation and seeks truth, aiming at building consensus. Moreover, it integrates various channels of consultation, and integrates democracy into all aspects of the work of the Communist Party of China (CPC) and government and in all aspects of the people’s political and social life.     

Homicide,Psychopathy, and Aging—A Nationwide Register‐based Case‐comparison Study of Homicide Offenders Aged 60 Years or Older*

Abstract: With populations aging there have been some concerns on elderly offending. We compared elderly homicide offenders with a younger comparison group with special emphasis on psychopathy. We analyzed nationwide register‐based material on all homicide offenders aged 60 or older who were in a forensic psychiatric examination in Finland 1995–2004 and their gender‐matched comparison group of younger homicide offenders. The offenders 60 years or older were diagnosed less often than the younger ones with drug dependence and personality disorders and more often with dementia and physical illnesses. The mean Psychopathy Checklist—Revised total scores as well as factor and facet scores were lower in the 60 or older age group. The group 60 years or older had significantly lower scores on eight individual items of social deviance. The interpersonal/affective factor 1 scores did not differ. Understanding the possible underlying phenomena of violent behavior may provide help for developing services for the elderly.     

The Legacy of the Maastricht-Urteil and the Pluralist Movement

Abstract:  The Maastricht-Urteil of the German Constitutional Court of October 1993 has left a deep mark on EU law. Although some may consider it as part of legal history, the decision has never been overruled, and the ideas behind it are very much alive. This article tries to examine the legacy of that decision. From a practical point of view, the article focuses on the following issues: the current situation in Germany; the influence on other constitutional or supreme courts and on constitutional reforms in some Member States; the influence on the European Court of Justice and on the Treaty establishing a Constitution for Europe. Regarding theory, three sections of the article discuss a number of widespread ' idées reçues ' contained in the Maastricht-Urteil on notions such as the state, constituent power ( pouvoir constituant ), and democracy. The next section presents the movement of legal pluralism as an attempt to come to terms with the Maastricht-Urteil and its legacy. It criticises the radical versions of legal pluralism in view of the damage they may cause to essential dimensions of the rule of law. The final section reflects on the real motives behind the Maastricht-Urteil and its legacy, and on possible future developments.     

JUDGES' UNEQUAL CONTRIBUTIONS TO EXTRALEGAL DISPARITIES IN IMPRISONMENT*

How do judges in the same court system contribute differentially to extralegal disparities in sentencing? Analyses of felony sentencing in an urban Ohio trial court uncovered two distinct but equal-sized groups of judges that differed in the magnitude of extralegal correlates to imprisonment. Within the group of judges reflecting substantive extralegal correlates to prison sentences, demographic correlates (based on defendants' race, sex, age, and the interaction between them) were more pervasive across judges relative to social demographic correlates (based on education, residence length, and means of financial support). The directions of significant relationships involving a defendant's race, age, and means of support also were inconsistent across judges. These interjudge differences suggest that analyses of cases pooled across judges at either the jurisdiction or the state level might over- or understate the relevance of particular attribution theories of sentencing disparities.     

Examination results and autopsy findings in assaults on elderly people

As the percentage of elderly people in the population grows, violence against persons of advanced age constitutes an increasing social problem. The findings of the clinical forensic examinations (CE group) and autopsies performed on elderly violence victims (> or = 60 years) between 1999 and 2008 at the Institute of Legal Medicine of the Hanover Medical School were retrospectively analysed. In all, the study material comprised 55 victims of the CE group (35 females and 20 males, median age 73.5 years) and 55 autopsies (33 females and 22 males, median age 72.7 years). In most of the autopsy cases, the suspect was a family member or partner. In contrast, the alleged perpetrator was a stranger in most cases of the CE group. Blunt force injuries were most often found in the CE group victims (63.6%). Altogether, 38.2% (CE group) and 20.0% (autopsy cases) of the violent assaults were associated with robbery. In the majority of the CE cases, the victims suffered potentially or acute life-threatening injuries. In summary, the analysis shows that elderly people frequently become victims of robbery and blunt force injury. In most homicides of old people, the perpetrator is familiar to the victim. In surviving elderly violence victims, the assault is more likely to be reported to the police if the suspect is a stranger.