Index of Reviewers for 2005

Drawing upon literature from developmental criminology and place‐based policing, the Redlands, California Police Department developed the Risk‐Focused Policing at Places (RFPP) approach to preventing and reducing juvenile delinquency. The RFPP program is a community‐oriented policing and problem‐solving strategy that targets risk and protective factors related to delinquency and problem behaviors of youths living in census block group areas. We used a matched block randomized experimental design to evaluate the effects of the program on youths living in 26 census block groups in Redlands. We find that the RFPP program did not influence self‐reported delinquency, or perceptions of risk and protective factors and police legitimacy. We argue that the primary explanation for the absence of a program effect centers on the unit of analysis used for the program. The census block group is too large a geographic unit of analysis to achieve the kind of targeted and focused interventions that lead to positive crime‐prevention outcomes.     

Searching for Equilibrium: The Tenuous Nature of the Outcome Test

Based on Engel's critique of the outcome test and Persico and Todd's response, the underlying assumptions critical to the outcome test are summarized and discussed. It is argued that many of these assumptions are not met when applied to police search data. The key underlying assumption—the principle of equilibrium—is examined in detail, and several additional concerns are raised. Thereafter, the proper interpretations of outcome test analyses are reiterated, and discussion regarding the types of racial bias demonstrated by these analyses is further explored.     

The Relationship Between Crime Reporting and Police: Implications for the Use of Uniform Crime Reports

Empirical studies that use reported crime data to evaluate policies for reducing crime will understate the true effectiveness of these policies if crime reporting/recording behavior is also affected by the policies. For instance, when the size of the police force increases, changes in the perceived likelihood that a crime will be solved may lead a higher fraction of victimizations to be reported to the police. In this paper, three data sets are employed to measure the magnitude of this reporting bias. While each of these analyses is subject to individual criticisms, all of the approaches yield similar estimates. Reporting bias appears to be present but relatively small in magnitude: each additional officer is associated with an increase of roughly five Index crimes that previously would have gone unreported. Taking reporting bias into account makes the hiring of additional police substantially more attractive from a cost–benefit perspective but cannot explain the frequent inability of past studies to uncover a systematic negative relationship between the size of the police force and crime rates.     

从自由到平等:美国言论自由的现代转型

自1960年代开始,美国言论自由开启了从经典时期向现代的转型。在色情作品、仇恨言论和竞选经费三个领域,言论自由分别与性别平等、种族平等和财富平等正面相遇。通过把"平等"价值引入言论自由这一转型,使色情作品、仇恨言论和竞选经费从单纯的自由问题变为平等与自由间的平衡;同时,为了促进平等,它还强调法律和政策应告别形式中立,必须向弱势群体有所倾斜。这一转型相当于一场言论自由的"新政",终结了言论自由的洛克纳时代,重塑了言论自由的范式和议程,并对当代言论自由的发展产生持续和深远的影响。     

论量刑规范化的实现路径——以刑罚差异性为切入点

量刑是法官在遵循犯罪事实和刑法规范的基础上,运用自身经验和司法逻辑进行理性判断的过程,科学的量刑结果不可能完全整齐划一。电脑或数学量刑均无法代替法官自身经验和智慧。因此量刑规范化的实现,有赖于在立法完善的前提下,发挥和提高法官自身的司法智慧。     

Living in a Policy State: From Trust for Sale to Trust of Land

The Trusts of Land and Appointment of Trustees Act 1996has transformed the nature of co-ownership interests in land.The trust for sale, which governed dealings in co-ownedproperty under the Law of Property Act 1925, and whichmade sale the presumptive object of co-ownership, has been replaced by a trust of land, under which co-owners retainan interest in the land itself, rather than its capital value.This article considers the likely impact of this legislativepolicy departure, particularly in relation to the court'swillingness to grant an order for the sale of co-owned propertyon application by a creditor, and against the wishes of anon-debtor co-owner occupier.     

Broken Windows or Window Breakers: The Influence of Physical and Social Disorder on Quality of Life

The relationship between neighborhood disorder and fear of crime is well established. According to Wilson and Kelling's broken windows theory, physical and social disorder lead to fear and cause citizens to retreat into their homes. This breaks down informal social control mechanisms and may lead to more serious crime. Insofar as fear is related to quality of life, an implication of broken windows theory is that disorder may impact quality of life, but that relationship has not yet been examined in the research literature. The present study seeks to fill a void in the literature by investigating the relationship between neighborhood disorder and quality of life. Results indicate that disorder is related to quality of life. In particular, physical disorder is negatively associated with quality of life, but social disorder loses significance when controlling for physical disorder. Policy implications of the findings and direction for future research are discussed.     

论医院的紧急救治权——兼论《医疗事故处理条例》第33条

在患者处于危机情形时，医院根据法律规定对患者负有紧急救治的法定权利和义务，但是这种权利义务不得与患者自己对于治疗的决定权相冲突；在患者无法行使治疗决定权的情况下，医院的紧急救治权也不得与患者家属的治疗决定权相冲突。     

刑事诉讼强制措施的适用应遵守比例原则——兼论相关检察监督

刑事强制措施作为刑事诉讼的重要手段和保障措施长期以来得到了充分的运用,但法律有关强制措施强度及其适用的规定存在着明显不足,客观上导致其在实践中被不正确适用甚至滥用。引进比例原则,对强制措施的适用加以合理限制,使其与被追诉人适用的刑罚相谐调,有利于其在刑事诉讼中发挥合理效能。     

From Abstract to Publication: The Fate of Research Presented at an Annual Forensic Meeting

Abstract: In forensic sciences, the fate of abstracts presented at international meetings has not yet been assessed. The purpose of this study is to estimate publication ratio and evaluate possible predictors of publication after the 58th edition of the 2006 American Academy of Forensic Sciences annual meeting. Section of the meeting, type of presentation (oral platform or poster), number of authors per abstract and per paper, time span to publication, countries involved, and journal of publication were tabulated. A total of 623 abstracts were presented, from which 102 were subsequently published as a full paper. The overall publication rate was 16.4%, ranging from 3.4% (jurisprudence) to 28.8% (toxicology). The type of presentation (oral platform or poster) did not significantly affect the outcome of the abstract. However, a higher number of authors, foreign authors, and international collaboration were found to be good predictive factors of publication.     

Challenging the Ongoing Injustice of Imprisonment for Public Protection: James,Wells and Lee v The United Kingdom

The Government has recently abolished Imprisonment for Public Protection, a highly controversial form of indeterminate sentence. Yet, at the time of writing, nearly 6,000 inmates are still serving such sentences, all of whom will have to convince a Parole Board that detention is no longer necessary for the protection of the public. This paper evaluates recent European Court of Human Rights jurisprudence which considered the legality of post‐tariff detention in the absence of suitable rehabilitative provision. The Court held that there would be a violation of Article 5(1) if prisoners were held without access to such provision. Consideration is given to the implications of this ruling for those serving such sentences and, more broadly, to the impact it may have on risk‐based sentencing policies.     

中国公司法产生源流考——以日本法的影响为视角

在我国公司法的历史上,作为第一部完整规定公司制度法律的1904年《钦定大清商律》、作为第一部单行法的1929年《公司法》以及1914年《公司条例》具有重要的意义。这三部法律文件不仅在内容上存在差异,同时各自所面对的立法背景与立法环境都存在很多的不同。这三部法律文件之间具有内在关系,其中包含对于今天公司法完善仍然有益的信...     

互联网对法学教育的影响——从形式到内容

信息通讯技术必须与其他教学方法相结合才能提升法学教育的价值,而教育学在这种资源整合中具有不可或缺的作用。评估信息通讯技术的成功与否只能在将其置于教育资源全球化的大环境中时才能实现。互联网对现有法律的影响只能说是一种革新,还称不上是一场横扫法律领域的革命;而且,“网络法”和电子商务法也不是一个独立的法律部门或学科。     

From Victim to Offender: The Effects of Male Initiated Violence on Women Arrested for Using Intimate Partner Violence

A number of theorists posit that most women who are arrested for using violence against their intimate partners are in-fact victims of IPV themselves and should be treated as such. However, in this population of women IPV arrestees empirical investigation has yet to explore how physical and emotional victimization experiences are associated with arrest related factors, propensity to be abusive or attitude toward using relationship violence. The current study explores these factors finding no difference in arrest factors between women who (a) deny abuse, (b) report rare/occasional abuse and (c) report frequent/very frequent abuse. However, mixed results were found with regard to participants’ responses on scales measuring propensity to be abusive and attitudes about using violence in marriage. Theoretical and practical related issues are addressed.     

从传统到现代的嬗变——新中国离婚自由规定的变迁

婚姻制度是一种规范两性关系及部分家庭内部关系的社会制度。婚姻制度的变革充分体现着社会历史与人类文明的发展与进步。通过对我国《婚姻法》中离婚自由相关规定演变的描述,展现了离婚自由从政治附属物到社会秩序附属物再到回归个人幸福的变迁轨迹。历史的发展和婚姻法的实践表明,法律最终还是要回归生活本身,必须要尊重生活。     

侦查到案制度:从现实到理想——一个实证角度的研究

传唤、拘传、口头传唤、留置、抓捕构成了实践中的侦查到案措施体系。对三个典型地区公安机关的调研表明,法定到案措施与非法定到案措施的适用明显错位。根据研究资料分析:审批程序耗时与到案期限紧张这两个因素造成了法定到案措施适用率低下;相比而言,非法定到案措施具有适用条件灵活、适用机制简便、适用手段具有不同程度的强制性以及适用期限弹性较大等特点,由于这些特点,侦查人员较愿选择非法定到案措施。实践中到案措施体系的犯罪控制功能显而易见,从程序正当角度评价,这一体系的运行既有权力控制的倾向,也有权力滥用、不当限制权利的倾向。侦查到案制度的改革应坚持犯罪控制与人权保障相平衡的理念,汲取实践中的理性做法,适当参考国外同类制度,建立一个逻辑严密、协调一致,能够充分应对各类案件特点和证据条件的到案措施体系。     

Firing Back at the Backfire Effect: The Influence of Mortality Salience and Nullification Beliefs on Reactions to Inadmissible Evidence

Two studies were conducted to explore psychological factors that contribute to the influence of inadmissible evidence (i.e., the backfire effect) on jurors' verdicts. On the basis of hypotheses derived from terror management theory, we predicted that reminders of mortality, in contrast to an aversive control topic, should lead participants to be less punitive when confronted with inadmissible (as opposed to admissible) evidence, when participants were either situationally induced or dispositionally prone to follow their personal sense of justice. In Study 1, control participants who scored high on a measure of nullification beliefs, and thus were prone to relying on their own sense of justice rather than the law, exhibited the backfire effect. However, reminding participants of their mortality reduced the damaging influence of inadmissible evidence. Study 2 extended these findings by showing parallel effects with a manipulation of nullification proneness via judicial instructions. The implications of these factors on the judicial process are discussed.     

The Juvenile Justice Reform Act of 2018: Updating the Federal Approach to Youth Involved,and At‐Risk of Becoming Involved,in the Juvenile Justice System

On December 21, 2018, the Juvenile Justice Reform Act was signed into law, marking the first update in 16 years to the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. The reforms reflect much of the knowledge that has been gained through research and science over the past decade and strengthen the Act’s core protections for youth in the juvenile justice system. The changes also expand the Office of Juvenile Justice and Delinquency Prevention’s role in research, and technical assistance, and provide for additional oversight for related programs.     

Prior Experiences as Temporal Frames of Reference in Social Justice: The Influence of Previous Fairness Experiences on Reactions to New and Old Supervisors

This paper focuses on the psychology of social change and social justice. Specifically, we focus on subordinates’ reactions to new and old supervisors, and we argue that in evaluating these different types of supervisors, subordinates may rely on prior fair or unfair experiences as temporal frames of reference. We further propose that a result of these frames of reference may be that previous fairness experiences have a bigger impact on subordinates’ reactions to subsequent neutral communications when an old rather than when a new supervisor is the source of that communication. Findings of two empirical studies indeed show that subordinates who had had fair experiences with a particular supervisor reacted more positively toward subsequent neutral messages when the communication was coming from the old supervisor rather than from the new supervisor. Subordinates who had had unfair experiences, however, reacted more negatively toward the communication when the source was the old rather than the new supervisor. Some evidence was also found for contrast effects such that people who react to a new supervisor may react more positively with the neutral demand from this authority figure when they have earlier experienced unfair as opposed to fair treatment by a different supervisory agent. These findings were obtained on subordinates’ satisfaction with the supervisors’ communication and their acceptance of the supervisor. Finally, we discuss the implications for the psychology of social change and social justice.     

公正及公益的动力——从《未能信录》看儒家思想对清代地方官行使公共职能的影响

自秦汉家天下帝制体系确立以来,政府官员的角色常摆于私家臣仆和国家公务员之间。两种角色既有交叉重合又时时产生矛盾冲突。以《未能信录》所收清人张五纬在嘉庆年间办理江西各州县司法及政务的若干案例为例证,探讨清代地方官如何在这两种角色定位之间寻求调和。虽然清代地方官之勤惰、廉贪、仁苛、正邪各有不同,因而促成其履行公共职能的动因也不一而足,单以张五纬所记录之个案来看,参之其它旁证材料,张氏勉力追求司法公正及推进地方公益事业之根本思想动因乃源于儒家思想之浸润,而非清代官僚体制自身。