Why People Waive Their Miranda Rights: The Power of Innocence

In a laboratory experiment, 72 participants who were guilty or innocent of a mock theft were apprehended for investigation. Motivated to avoid prosecution and trial, they were confronted by a neutral, sympathetic, or hostile male "detective" who sought a waiver of their Miranda rights. Later, 72 other participants watched videotapes of these sessions and answered questions about the detective and suspect. Strikingly, results showed that although the detective's demeanor had no effect, participants who were truly innocent were significantly more likely to sign a waiver than those who were guilty. Naively believing in the power of their innocence to set them free, most waived their rights even in the hostile detective condition, where the risk of interrogation was apparent. The conceptual and policy implications of these results are discussed.     

Restorative Justice: The Ideals and Realities of Conferencing for Young People

This paper is concerned with the nature and complexities of restorative justice. It uses Braithwaite’s (Br J Criminol 42:563–577, 2002a) framework of constraining, maximising and emerging restorative standards to understand the interactions that underpin success and failure in practice, i.e., ‘restorativeness’. Using qualitative data from observations of youth justice conferences in New South Wales, Australia, the roles of empowerment (as an example of a constraining standard), restoration of communities (as an example of a maximising standard) and remorse over injustice (as an example of an emergent standard) are examined. Findings confirm that restorative justice is best conceived as a continuum of dynamic process and outcome related values. Non-domination is paramount to achieving restorative justice. However, the presence, absence, and nature of other values such as storytelling, respectful listening, victim and support attendance, and apology are also important. They affect where a restorative event falls on the restorative continuum, and they affect the likelihood of other standards being met.     

人权的内核——兼论“以人为本”的宪法涵义

宪法上基本权利的保障有其基础理论和核心内容,西方实证宪法和宪政理论都肯定“人的尊严”构成了人权的内核。人的尊严是人权宪法保障的哲学依据,是人权生长的原点,是对基本权利限制的限制。“国家尊重和保障人权”是一种规范性表述,而非描述性表述,其中蕴含着一定的价值判断,表明“以人为本”已经从实证法形式上升为国家理念,构成了我国宪政制度建构的根本,是借鉴世界其他国家宪政和人权理论与制度的坚固基础。     

网络世界未成年人权利的宪法保护——《互联网上网服务营业场所管理条例》第二十一条合宪性探讨

在网络时代,网络的参与者是不分对象的任何年龄段的人都可以成为网络中的一员,自由地使用网络资源。随着世界的老龄化和低龄化的到来,未成年人这一特殊群体逐渐成为网络用户的重要组成部分。由于我国人口众多,未成年人在我国人口中所占的比例也大,所以未成年人逐渐成为网络时代一个不可忽视的组成部分。网络时代未成年人权利之维护随之摆在了立法者的面前,但是未成年人具有不同于一般人群的特性,我们理所应当采取不同的立法予以保护。和一般人群不同的是,我们可以发现未成年人这一网络参与者的特殊性在于:一是他们的价值观还未形成,他们判断…     

Young People and Prostitution: Perpetrators in Our Midst

Involvement of young people in prostitution has been an increasingly familiar phenomenon in recent years. This article explores some of the matters related to it during those years. First, it reviews what has been happening during the 1990s. Second, it demonstrates, via a recent case study, some of the issues, debates and controversies that are related to youth prostitution. Third, it examines the latest developments in the United Kingdom before considering some of the international developments and implications for those involved in youth prostitution. Finally, some of the effects of 'new technologies' are considered while contemplating what remains to be done about the battle to combat youth prostitution.     

Two Fatal Cases of Hidden Pneumonia in Young People*

Abstract: Acute respiratory distress syndrome (ARDS) is a severe lung disease characterized by inflammation of the lung parenchyma leading to impaired gas exchange. This condition is often lethal, usually requiring mechanical ventilation and admission to an intensive care unit. We present two fatal cases of hidden pneumonia in young people and discuss the pathophysiological mechanism of ARDS with reference to the histological pattern. A complete forensic approach by means of autopsy and histological, immunohistochemical, and microbiological, examination was carried out. In both cases the cause of death was cardio‐respiratory failure following an acute bilateral pneumonia with diffuse alveolar damage and ARDS associated with sepsis and disseminated intravascular coagulation. Our cases suggest on one side the importance of an early diagnosis to avoid unexpected death while on the other that the diagnosis of ARDS has to be confirmed on the basis of a careful postmortem examination and a complete microscopy and microbiological study.     

论环境权的人权属性

对于环境权的属性问题一直是法学界争论的一个焦点 ,可谓众说纷纭 ,莫衷一是。从权利本原的角度入手 ,阐述目前我国研究权利特别是环境权的范式存在的误区 ,提出应从唯物主义的立场揭示环境权的自然权利属性。同时 ,对人权的历史发展中概念、性质、主体和内容的变化进行剖析 ,推断出环境权符合人权的构成要件 ,在精神实质与价值内涵上与人权存在固有的联系 ,是一项人类社会生存与发展不可或缺的基本人权。     

略论物权法与被拆迁人权益的保护

《物权法》树立了平等保护私权的理念，明确了征收拆迁应予补偿及补偿的原则，有利于被拆迁人权益的保护。征收是一个行政法律关系，拆迁补偿则应是一个民事法律关系。应在《物权法》中明确国家是征收及征收补偿的唯一主体，进一步完善征收补偿的原则，以真正落实《物权法》的私权保护观念，切实雏护被拆迁人的合法权益。     

Children's Rights and the Politics of Food: Big Food Versus Little People

This article traces the battle in the United States during the Obama administration, continuing into the Trump administration, to protect children's rights to food. It explores barriers to development of sound, science‐based food policies, including the refusal to recognize food as a human right, anti‐science denialism, hostility toward government regulation, and relative powerlessness of children. It points to the role of a “Big Food Pyramid” composed of powerful food industry and large scale distribution and marketing interests in blocking sound policies in prenatal and infant nutrition, school lunches, SNAP and WIC, the marketing to children of high fat and fructose‐laden products, and campaigns to increase youth fitness. While predicting a continuing assault at the federal level on children's rights to safe and healthy foods, the article highlights the positive role of consumer demand in shaping marketing, labeling and production of food and opportunities for leaders in the food industry and in government at local, municipal and state levels to continue the battle for sound food policies.     

Why Listening to Children and Young People is Important in Family Justice

During the last 30 years, there has been a growing body of evidence indicating that children and young people often feel marginalized when their parents are making critical decisions that will shape their young lives, and they are calling for family justice professionals to hear their voices. This article explores the research evidence, examines the relevant theories about child development, and demonstrates how a focus on age‐related competency fails to take account of children's subjective meanings about their lives. The authors consider a model of participation first designed to understand adult participation in government and show how this can be usefully applied to understanding children's participation in family justice.     

Observer Sensitivity and Early Radicalization to Violence Among Young People in Germany

Social Justice Research - Personal sensitivity to injustice from either a victim or an observer perspective shapes political attitudes and actions. Yet, little is known about the link between...     

网络虚拟社会中青少年的消极行为及思想政治教育之对策

网络是一把双刃剑,在给青少年带来积极影响的同时,也产生了不可忽视的负面作用。本文首先概述了网络虚拟社会中青少年的消极行为表现和网络虚拟社会给青少年带来的消极影响。其次,从网络的特点、青少年自身原因、青少年思想政治教育工作中存在的问题等角度分析了造成这些消极行为和影响的原因。最后,从思想政治教育工作者应深入了解网络,完善网络思想政治教育体系,大力加强网上思想政治教育网站建设等角度提出了相应的对策。     

Rights and the Sovereignty of the People in the Crisis of the Nation State

Following Hannah Arendt's work on totalitarianism, the first part of the paper gives an account of the historical advances of the republican nation state that was born during the constitutional revolutions in France and America at the end of the eighteenth century. This state has organised an efficient solidarity among strangers by means of democratic legislation. The European nation state was particular and universal at once. As Arendt could demonstrate on the Dreyfus affair, republicanism of a specific people was based on the Jacobean patriotism of universal human rights. In the second part an explanation is laid out for the destruction of the European nation state during the first fifty years of the nineteenth century. Beginning with Arendt's thesis on the imperialist society that blurred the borders of state, this thesis is revised with reference to the sociological theory of modern society (Luhmann, Habermas). The last part then turns to the rebirth of the nation state after World War Two and the postimperialist development of globalisation at the same time. Again progress in globalising human rights and civil society is threatened by the uncontrolled expansion of capital and power. The lasting problem is to find any regional or global functional equivalent for the democratic rule of law that for so long only worked on the level of the nation state.     

论专利被许可使用权之债权属性

从《专利法》第11条的“未经许可”规定来看，将专利权视为消极排除权较将其视为积极使用权更为合理。一旦将专利权视为消极排除权，专利权人不能积极行使排除权，专利许可是专利权人容忍被许可人“进入”了其“排除”范围，被许可人仅取得了使用专利的行为资格。而且，专利被许可使用权是通过合同产生的，被许可使用权是一种合同债权。即使在目前大多将专利权视为积极使用权的情况下，专利被许可使用权只能是合同债权，不能成为类似于用益物权的权利，也不能被物权化。