The Bystander in Relation to the Victim and the Perpetrator: Today and During the Holocaust

Most of the social-psychological literature assumes that prosocial behavior is part of the basic human repertoire and only when certain conditions become unfavorable, will the natural prosocial tendency fail (Latane & Darley, 1970). Only few researchers have addressed the general tendency toward bystanding behavior,² its relation to perpetrating behavior, trying to overcome it in victimizing scenes by activating the bystander and thereby reducing the potential for victimization (Staub, 1996). The present analysis suggests several psychosocial constructs that can account for bystanding behavior. Several factors (such as length of exposure, fragmentation of the planning and execution of the crime) are highlighted—in order to differentiate between low, middle range and high-level bystanding behavior. Finally, ten examples of bystanding behavior during the Holocaust are presented, suggesting that only a careful analysis of the context and its interaction with the persons involved may help us work through and perhaps prevent the potential negative aspects of bystanding behavior in future criminal acts.     

Winning the war but losing the peace: The British House of commons during the Second World War

This article considers competing hypotheses ‐ the marginalisation and the constraining hand theses ‐ about the relationship of the House of Commons to government during the Second World War and the consequences of that relationship for the House of Commons in peacetime. The evidence supports the constraining hand hypothesis, with the situation created by war generating a House of Commons with more influence over the executive than is generally conceded. However, the consequence of that experience was to deter the House of Commons from undertaking significant, and arguably necessary, institutional reform in peacetime.     

心理强制时代的侦查讯问规制

由于人权保障呼声的高涨以及对身体强制审讯方法弊端认识的深入,我国司法实践中的审讯策略正面临着由身体强制向心理强制的转型.而近年来美国司法实践中频频暴露出的由心理强制导致的强迫虚假供述为我国认识心理强制审讯策略提供了一个实践性的样本.在心理强制的审讯时代,要想有效防止心理强制导致的强迫虚假供述,必须从强化审讯时间以及心理强制策略的规制、加强特殊群体的保护、建立科学的"三步审查法"以及实施警察讯问录音录像制度入手.     

Settlement of refugee women and children following the Second World War: challenges to the family

Abstract

Following the Second World War, refugees that were displaced as a result of conflict became a global concern. Many of these displaced persons were resettled under the auspices of the International Refugee Organization. Large numbers of European displaced persons settled in Australia, with significant numbers living in Queensland. The wartime and migration experiences of refugees have the potential to influence settlement experiences, and for displaced persons who settled in Queensland, these prior experiences continued to resonate within the family throughout the settlement process. Many refugee children became separated from their families, and while some were reunited, the process was lengthy and not without its difficulties. The effect of separation and loss experienced by these families dominated the post-war experience. It presented challenges to mothers, children and families as they negotiated the uncertainty of displacement and the potential for resettlement, and affected their approaches to separation and reunification. The separation and reunification of children and families played a significant role in the settlement process, influencing interactions with Australian organisations and the development of familial and social network connections during settlement. The legacy of conflict and separation continued to resonate within families and influenced perspectives of the ongoing settlement process for child refugees.     

许诺在讯问中的容许性研究

许诺作为侦查讯问中获得被讯问人供述的一种重要方法,具有十分重要的价值.纵观世界各国的立法以及司法实践,我们发现大多数国家对于许诺均给予了一定程度的容许性.对于许诺的客许范围,我们必须采取排除虚假供述与比例原则相结合的审查标准.     

二元民主结构中的党内民主与人民民主

中国的民主结构是由党内民主与人民民主构成的独特的二元民主.其中,党内民主是核心和灵魂,是民主发展中的主要矛盾和矛盾的主要方面.党内民主领导和决定着人民民主,根本的是要通过党内民主的先进性来实现,但将西方政治学或法学中的所谓"合法性"理论适用于党内民主对人民民主的领导,是不恰当的.充分研究党内民主,大力发展党内民主,打开中国民主发展之门的金钥匙就找到了.     

Veiling and denying the past: The dialogue in families of Holocaust survivors and families of Nazi perpetrators

The impact of how the past of grandparents and parents and their way of dealing with it affect the lives of their descendants is the general empirical question of this research. Two different family groupings, based on the first generation having been categorized as victims or perpetrators during the Nazi period, are compared. We examine how family histories that differ dramatically affect the process of transmitting the family past from one generation to the next. Similarities as well as structural differences between the family dialogue of survivors' and a perpetrator's families are examined. The impact on the second and third generation is also a concern.     

Formal and informal pharmaceutical economies in Third World countries: Synergetic, symbiotic or parasitical?

Informal economy functions without any formal social control for lack of a supervisory authority. Within a regulated locality the same activities would have an illegal character, but in that deviating situation those informal activities can thrive because the authorities do not intervene. Globalization of our western mixed market economy implies that also the aspect of government control takes on a global character. The fact that formal economies settle in places where an informal market is the rule leads to a combined action which, eventually, creates new market relations. In the present contribution we study the effects of a meeting between a formal and an informal market on the basis of a concrete case. An analysis of the market of medical products in Third World countries gives an idea of the new relations that arise when an informal market of natural medicines is confronted with a formal market of western medicines. We study both the situation in which there are no regulations and the situation in which the formal market is supported by economic regulations. This text illustrates how those situations can give rise to new opportunities for one group and to exploitation for another.     

讯问全程同步录音录像若干问题探讨

实行讯问职务犯罪嫌疑人全程同步录音录像是由职务犯罪案件的特点决定的。讯问的录音录像在实体意义上是固定口供的手段,在程序意义上属于视听资料证据。讯问录音录像与笔录的同步范围要限定为同案件有关的口供。对录音录像资料的制作必须进行控制,并以相关措施予以保障。     

A Third Verdict Option: Exploring the Impact of the Not Proven Verdict on Mock Juror Decision Making

In most adversarial systems, jurors in criminal cases consider the binary verdict alternatives of "Guilty" and "Not guilty." However, in some circumstances and jurisdictions, a third verdict option is available: Not Proven. The Not Proven verdict essentially reflects the view that the defendant is indeed culpable, but that the prosecution has not proven its case beyond a reasonable doubt. Like a Not Guilty verdict, the Not Proven verdict results in an acquittal. The main aim of the two studies reported here was to determine how, and under what circumstances, jurors opt to use the Not Proven verdict across different case types and when the strength of the evidence varies. In both studies, jurors were more likely to choose a Not Proven verdict over a Not Guilty verdict when the alternative was available. When evidence against the defendant was only moderately strong and a Not Proven verdict option was available (Study 2), there was also a significant reduction in the conviction rate. Results also showed that understanding of the Not Proven verdict was poor, highlighting inadequacies in the nature of judicial instructions relating to this verdict.     

Behavioral Confirmation in the Interrogation Room: On the Dangers of Presuming Guilt

A two-phased experiment tested the hypothesis that the presumption of guilt that underlies police interrogations activates a process of behavioral confirmation. In Phase I, 52 suspects guilty or innocent of a mock theft were questioned by 52 interrogators led to believe that most suspects were guilty or innocent. Interrogators armed with guilty as opposed to innocent expectations selected more guilt-presumptive questions, used more interrogation techniques, judged the suspect to be guilty, and exerted more pressure to get a confession—particularly when paired with innocent suspects. In Phase II, neutral observers listened to audiotapes of the suspect, interrogator, or both. They perceived suspects in the guilty expectations condition as more defensive—and as somewhat more guilty. Results indicate that a presumption of guilt sets in motion a process of behavioral confirmation by which expectations influence the interrogator's behavior, the suspect's behavior, and ultimately the judgments of neutral observers.     

The Holocaust Through Latvia's Eyes: How the Nazi Party Became the Lesser of Two Evils

Internationalization of exhibitions creates cost structure distortion. What costs are being reduced thanks to international collaboration in the museum field? To determine the profitability of the model, international strategies are analyzed with two exhibitions—“Matisse, Cézanne, Picasso…the Stein Adventure,” coproduced by the Réunion des Musées Nationaux–Grand Palais organization, the San Francisco Museum of Modern Art, and the Metropolitan Museum of Art, and “Masterpieces from the Musée National Picasso, Paris,” exhibited in major museums such as Centro de Arte Reina Sofia in Madrid, the Hermitage in Saint Petersburg, or the Seattle Museum of Art.     

A Manner of Speaking: Declaration,Critique and the Trope of Interrogation

In this paper I will argue for the ethical and political virtue of a form of critique associated with the work of Michel Foucault. Foucault’s tryptich of essays on critique—namely ‘What is Critique?’ ‘What is Revolution?’ and ‘What is Enlightenment?’—develop a formulation of critique understood as an attitude or disposition, a kind of relation that one bears to oneself and to the actuality of the present. I suggest that this critical attitude goes hand in hand with a mode of intellectual practice realized rhetorically in the form of the interrogative and methodologically in ‘problematology’. But, in addition to highlighting the habitus of critique suggested by Foucault, I also want to consider the entanglement of this critical enterprise in the conditions of the present that it attempts to diagnose. Specifically, I ask, in what way is a critical enterprise in the interrogative mood itself imbricated in the trope of interrogation that fills so much of our current political and public landscape?