共查询到20条相似文献,搜索用时 15 毫秒
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《Women & Criminal Justice》2013,23(3-4):143-165
AbstractAlthough the use of force in corrections is a topic of interest, little is known about the factors that influence correctional officers' decisions. In particular, very little is known about similarities and differences between male and female correctional officers in their definitions of and responses to conflict situations. Interviews were conducted with 192 officers at a large southwestern jail. Using a realistic vignette of an inmate disobeying a direct order, 96 female and 96 male officers were asked about their perceptions in defining and responding to conflict. Results indicate that male and female officers react to conflict situations in a similar manner, although it appears that the inmate's sex is a salient factor in the officers' decision on how to resolve conflict. 相似文献
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Joshua C. Cochran Michael J. Lynch Elisa L. Toman Ryan T. Shields 《Journal of Quantitative Criminology》2018,34(1):37-66
Objectives
This study examines sentencing patterns for environmental crimes and tests the assumption that “green” offenders receive more lenient treatment from criminal courts than non-environmental offenders.Methods
We present two sets of analyses. First, we present an empirical portrait of environmental felony offenses convicted in a single state (Florida) over a fifteen-year period and the resulting criminal sanctions. Second, we use a precision matching analysis to assess whether environmental offenders receive more lenient treatment when compared to non-environmental offenders with the same characteristics and offense severity scores.Results
Findings indicate that an overall small percentage of felony convictions in state courts stem from environmental crimes. We also find that punishments for environmental crimes are more lenient than sanctions assigned to comparable non-environmental offenses when the environmental crime is ecological, but that punishments are sometimes harsher when the environmental crime involves animals.Conclusions
The findings provide general support for the argument that courts and other formal institutions of social control treat environmental crimes more leniently than non-environmental crimes. This paper also raises important questions about citizen and state actors’ perceptions of crimes against the environment and, more generally, about the ways in which theories of court sentencing behaviors apply to environmental crime sanctioning decisions.4.
Janice Richardson 《Law and Critique》2016,27(1):63-81
In this article I argue that the famous image on Hobbes’ frontispiece of Leviathan provides a more honest picture of authority and of contract than is provided by today’s liberal images of free and equal persons, who are pictured as sitting round a negotiating table making a decision as to the principles on which to base laws. Importantly, in the seventeenth century, at the start of modern political thought, Hobbes saw no contradiction between contractual agreement and subordination. I will draw out these arguments by comparing three images of politics that employ the human body: Hobbes’ frontispiece is compared firstly with an earlier picture of the state, the illustration of the Fable of the Belly, and then with a later Rawlsian image of the social contract described above. At stake is Hobbes’ view of two associated concepts: authorship and authority. I argue that Hobbes’ image is a vivid portrayal of a ‘persona covert’, akin to the feme covert, a wife characterised in common law as so dominated by her husband that she is imagined as being ‘covered’ by his body. 相似文献
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Carmela Murdocca 《Law & social inquiry》2010,35(2):369-402
This article analyzes the issue of water contamination in Kashechewan, Ontario, Canada. Through an inquiry into the way in which water contamination in one Aboriginal community was handled by the local and federal governments, this article examines processes of ongoing colonialism in Canada. Drawing on an array of sources, this article explores three features pertinent to this water crisis: historical forms of legal violence, symbolic forms of representation concerning the relationship between nationalism and the governance of race in liberal democracies, and the importance of the case study approach when examining legalized forms of violence. By examining connections between race, nationalism, and legal violence, this article explores the ways in which biopolitical forms of racial governance require an analysis that links legal violence and structural violence to historical and symbolic forms of representation. 相似文献
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Some important recent articles, including one in this journal,have sought to devise theories of rights that can transcendthe longstanding debate between the Interest Theory and theWill Theory. The present essay argues that those efforts failand that the Interest Theory and the Will Theory withstand thecriticisms that have been levelled against them. To be sure,the criticisms have been valuable in that they have promptedthe amplification and clarification of the two dominant theoriesof rights; but their upshot has been to reveal the need forthe improvement, rather than the abandonment, of those theories. 相似文献
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This project examined the decisions of 2435 mock jurors of whom 984 reported being a victim of some type of crime and 982 reported knowing a close friend or relative who had been a victim. Participants watched a videotape of a trial of a burglary of a habitation and were asked to give individual verdicts. Results indicated that jurors who identified themselves as victims of the same crime convicted significantly more frequently than those who had not been victims. Victims of violent crimes (a type of crime dissimilar to that for which the defendant was on trial) were not more likely to convict than were non-victims. Implications of this research are discussed. 相似文献
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Using data from large urban courts for the years 1990–1996 and drawing from the “focal concerns” framework on case-process decision making, we examine the main and interactive effects of gender and race–ethnicity on sentence outcomes. The main focus of the present study is whether the effects of race–ethnicity (and gender) on sentence outcomes are similar or different across gender (and racial–ethnic) groups. Consistent with the findings of prior research, we find that female defendants receive more lenient sentences than male defendants and that black and Hispanic defendants receive less favorable treatment than white defendants. However, these main effects are strongly dependent on whether the sample is partitioned by gender or race–ethnicity. We find that race–ethnicity influences male but not female sentences. Conversely, gender strongly influences sentencing across all racial–ethnic groups. These findings are at odds with the traditional view that leniency in court sanctioning typically by-passes “women of color.” Instead, it appears that black and Hispanic female defendants actually benefit more from their “female” status than would be expected all else equal.
相似文献
Stephen DemuthEmail: |
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Research based on data from Western countries on gender and sentencing has resulted in three competing theories: the paternalism/chivalry theory, the evil woman theory, and the family-based justice theory. Using court data from China, this study examines the characteristics of violent capital offenses and assesses the possible impact of gender on sentencing decisions. While gender did not have a significant net impact on sentencing outcomes in regression analyses, the results of the qualitative comparative analysis suggest that unique profiles of the female capital murder cases had more severe case characteristics than their male counterparts did. Case narratives further suggest that both the paternalism and evil woman theories may be applicable in the Chinese context. 相似文献
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Carmen Maye 《Communication Law & Policy》2019,24(1):55-99
National-anthem-related protests among NFL players have revealed complexities associated with symbolic counter-speech tied to American symbols of patriotism. For public-college officials and coaches, who are bound by the First Amendment, the handling of game-time anthem protests may reverberate beyond the court of public opinion. Because uniformed collegiate student-athletes occupy a constitutional limbo-land in which they are distinguishable both from members of the general adult population and their non-athlete student peers, the traditional framework for evaluating limits on their game-time political counter-speech may prove unwieldy. This article presents an alternative constitutional-analytical approach that contemplates the unique status of collegiate student-athletes and the nature of competitive teams. Within this potential framework, administrator-imposed limits on anthem protests would be reviewed strictly. Courts considering coach-imposed limits on anthem protests, however, might opt for a less rigid form of review that allows for a more direct balancing of interests. 相似文献
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NICOLE ASMUSSEN 《Legislative Studies Quarterly》2011,36(4):591-619
Female and minority judicial nominations take longer and are less likely to be confirmed, yet presidents eagerly seek such nominations. I account for this puzzle by building a model in which senators face costs for opposing female and minority nominees. I predict that such nominations are more likely when the gridlock interval is large. Using appellate nominations from 1977 to 2004, I find that Republican presidents are more likely to pursue these nominations during periods of high gridlock. Furthermore, accounting for the gridlock interval erases the differences in confirmation duration and success between female/minority nominees and white male nominees. 相似文献
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S. Stewart Braun 《Law and Philosophy》2010,29(6):695-715
Entitlement theorists claim that bequest is a moral right. The aim of this essay is to determine whether entitlement theorists can, on their own grounds, consistently defend that claim. I argue that even if there is a moral right to self-appropriated property and to engage in inter vivos transfers, it is a mistake to contend that there exists an equivalent moral right to make a bequest. Taxing or regulating bequest does not violate an individual’s moral rights because, regardless of whether bequest safeguards certain interests, those interests are not the interests of a living, morally inviolable being. Instead, they are the interests of a deceased entity that has lost the ability to track what it values and pursue projects in accord with those values – a quality that by entitlement theorists’ own arguments renders persons morally significant and deserving of rights in the first place. 相似文献
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Tanuj Kanchan M.D. Shreya Sinha M.B.B.S. Kewal Krishan Ph.D. 《Journal of forensic sciences》2015,60(5):1337-1340
A probable correlation between stature and footstep length is expected, and consequently, the stature may be estimated from footstep length. The present research was conducted to study the correlation of footstep length with length of the lower extremities and stature. The study participants (n = 142) were asked to walk on a paper sheet with inked feet and footstep length was measured. Mean stature and lower limb length were significantly larger in males. Sex differences were not observed in the average footstep length. Average footstep length and lower limb length did not show a significant correlation among the participants. A statistically significant correlation was observed between average footstep length and stature only among females. Our observations suggest that the length of the lower limb may not be a major factor in determining the footstep length of a person and that the forensic utility of stature estimation from footstep length may be limited. 相似文献
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Man-Chung Chiu 《Liverpool Law Review》2012,33(1):1-10
In the article, the author argues that since injustice still exists in the milieu of Gender and Sexuality of Greater China and Singapore; legal reform has to be introduced. In the age of Globalization, related legal reform can be carried out by transplanting related law from other jurisdictions, but cautions should be applied in handling the dynamics/dialogue between indigenous traditions and modernities. The article also discusses how religion can be facilitated as a platform where transplantation can happen smoothly. 相似文献
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Isabella Aquila M.D. Ph.D. Santo Gratteri M.D. Ph.D. Matteo A. Sacco M.D. Vittorio Fineschi M.D. Ph.D. Simona Magi M.D. Ph.D. Pasqualina Castaldo M.D. Graziella Viscomi D.A. Salvatore Amoroso M.D. Ph.D. Pietrantonio Ricci M.D. Ph.D. 《Journal of forensic sciences》2018,63(3):965-968
Kambo is a substance obtained from the skin secretions of a frog, Phyllomedusa bicolor, popular in the Amazon region, which is administered via the transdermal route. We report a case of 42‐year‐old man found dead in his house. Near the corpse, a plastic box labeled as “Kambo sticks” was found. The man was a chronic consumer of Kambo and no previous pathology or genetic disease emerged in clinical history from the declaration of his general practitioner. Autopsy investigations and toxicological analysis were performed. The histopathological examination showed left ventricular hypertrophy. Toxicological screening was negative for ethanol and other drugs. Phyllocaerulein, phyllokinin, and deltorphin A were isolated from the Kambo sticks but, only deltorphin A was detected in blood sample. We describe the first forensic case of death associated with Kambo administration. We attempt to explain how its use could be related to the cause of sudden death in this case. 相似文献
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Cem Ekmekcioglu M.D. Selin Devletlian M.D. Gerhard Blasche Ph.D. Michael Kundi M.D. Ph.D. 《Journal of forensic sciences》2015,60(5):1350-1354
An inverse relationship between the body mass index (BMI) and the risk of completed suicide was shown in several studies. Furthermore, it is suggested that obesity might be associated with a lower risk for violent criminality. Therefore, the aim of this study was to analyze whether a higher BMI is associated with a lower risk for being arrested due to violent behavior in a sample of 43,992 male offenders. Multinomial logistic regression analysis was applied to assess the relationship between different BMI categories and categories of committed crime as outcome variable by including various covariates. Our results indicated that compared to a normal BMI a higher BMI was associated with a significantly lower risk for being arrested in different crime categories associated with interpersonal violence, such as crimes against life and limb (for example: odds ratio = 0.60, CI 95%: 0.52–0.69 for 30–34.9 kg/m2). 相似文献