论毒品犯罪案件的证据

毒品犯罪案件有许多不同于普通刑事案件的特殊性,毒品案件中的证据又具有相对的单一性,必须当场缴获毒品和毒资才能证实犯罪。本文结合缉毒侦查中的具体情况,强调办理毒品案件必须增强证据意识,要把握好破案的时机,适时取证;收集证据一定要十分仔细,获取的证据应做好固定保全工作,并特别注意取证的合法性;采用技术侦察手段须把握住一条底线:不得诱人犯罪;应正确运用推定规则判定"明知",对推定结论允许以确凿的事实予以反驳。     

Y-STR基因座应用于刑事案件的独特作用

目的探讨Y-STR基因座在刑事案件中的应用价值。方法采用Y-STR荧光标记复合扩增技术,结合案例应用。结果Y-STR基因座对于涉及男女混合、多名男性混合样本、性别鉴定、父权鉴定等案例中具有特有应用价值。结论Y-STR基因座可应用于法庭科学中的个体识别与同一认定,但在应用中要注意各种特例的发生。     

A newspaper surveillance study of homicide-suicide in the United States

The objective of this study was to identify the number and subtypes of homicide-suicides in the United States by age group and state over a 3-year period from 1997 through 1999. A total of 673 homicide-suicides, including 674 perpetrators and 779 victims, were identified from Internet searches of 191 national newspapers, and they were classified according to a modified Hanzlick-Koponen typology. One quarter of the homicide-suicides were perpetrated by persons 55 years or older, and 77% were spousal/consortial, higher than the 57% observed in the younger age group; 11% of the older homicide-suicides were familial, compared with 16% in the younger age group. Whereas only 3% of older homicide-suicides were infanticide/pedicide, 16% of the younger homicide-suicides involved parents killing their children. Forty-five states, including the District of Columbia, reported a homicide-suicide during the 3-year period, and they occurred most frequently in Florida (163), California (98), Texas (36), and New York (35). Newspaper surveillance is useful to identify where homicide-suicides are occurring most frequently, but they are underestimates of the true prevalence. However, the number of incidents detected is large enough that the cases detected may be a fairly representative sample.     

Toward a criminal justice epidemiology: Behavioral and physical health of probationers and parolees in the United States

Objective

This study explicitly articulates a criminal justice epidemiology by examining the behavioral and physical health of probationers and parolees derived from a nationally representative sample of adults in the United States.

Methods

Using public-use data from the 2009 National Survey on Drug Use and Health (NSDUH), this study employed binary logistic regression with adjustments for complex survey sampling and compared probationers and parolees to the general population with respect to past-year substance use, risk perception, treatment experiences, and health.

Results

After controlling for the effects of age, gender, race, income, and education probationers and parolees are far more likely to report using alcohol and drugs in the past year, have reduced risk perception, and are far more likely to have had some kind of treatment for substance abuse or dependence. Probationers and parolees are also significantly more likely to experience anxiety and depression, asthma, and sexually transmitted diseases.

Conclusions

This criminal justice epidemiology study indicates that the behavioral health of probationers and parolees hamper efforts to increase public safety goals. Forging closer ties between criminal justice and public health systems is necessary to reach these goals.     

Software patents in the United States: A balanced approach

This paper tracks the interesting journey of software patents in the United States from both a historic and current standpoint. The U.S patent system has drifted from being strict in the 1970s to being fairly lenient in 1990s and now again strict since 2007. The revolutionizing and famous Bilski case that is redefining the boundaries of software patents is described, and the impact of this Court case on software patents is discussed. The challenges in issuing software patents in terms of proving novelty and non-obviousness are presented in an attempt to bring forward some of the questions in the software patent debate. The uniqueness of software as an invention is analyzed to understand why software should be considered differently compared to other industries. The advantages and disadvantages of software patents are discussed. The paper concludes by providing recommendations and proposing a balanced approach to software patents.     

Federal criminal justice legislation and the post-World War II social structure of accumulation in the United States

This article explores the relationship between the political economy and the criminal justice system through an analysis of the impact of long economic cycles in the social structure of accumulation on U.S. federal criminal justice legislation from 1948 to 1987. An analysis is conducted which compares both qualitative and quantitative changes in these legislative acts from the period of economic expansion (1948 to 1967) to the period of contraction (1968 to 1987). The research findings of this investigation indicate that mechanisms of social control intensify during periods of prolonged economic contraction; however, the concept of an exceptional state, with a proportional increase in more coercive crime control strategies, is somewhat challenged.Earlier versions of this paper were presented at meetings of the American Society of Criminology (1988, 1989, 1990).     

Criminal justice education in the United States: A profile

Various commissions from the Wickersham (1931) to the National Advisory Commission on Higher Education for Police (1978) have called for the upgrading of police educational levels. Junior colleges, colleges and universities have responded by creating a plethora of educational programs. However, currently, little is known about the nature, form, or practice of criminal justice education in the United States. In attempting to fill this void, data from the Law Enforcement Education Program (LEEP) are presented concerning the number of students, criminal justice majors, and degrees awarded as well as institutional control, location, and type. These previously unpublished data are presented in a primary form (frequency distributions and cross-tabulations) to allow the reader to draw conclusions about the nature and scope of criminal justice education. Brief interpretations, however, are provided.     

A comparison of wrongful convictions in death penalty cases between China and the United States

In recent years, both China and the United States (US) have discovered numerous wrongful convictions, including several cases in which innocent people have been sentenced to death. These discoveries have led both countries to reform the death penalty but the extent and nature of the reforms in each country have been greatly different. This article explores the similarities and differences between the nature of wrongful convictions in death penalty cases in China and the US. It will also compare the reforms undertaken in each country. On the whole, the US has made greater progress in the prevention and correction of wrongful convictions involving the death penalty, especially in the areas of evidentiary rules and post-conviction review. In order for China to match America's success, it is necessary that China adopt more substantive reforms. China should learn from America's experience and should continue to adopt international standards of criminal justice, such as due process rights, the presumption of innocence and the exclusion of illegally obtained evidence. In the interim, China should immediately suspend all executions until adequate reforms can be carried out. Ultimately, China should surpass the US in criminal-justice reform and in the field of human rights protection by completely abolishing the death penalty and creating a more effective mechanism for criminal punishment.     

The likelihood approach to compare populations: a study on DNA evidence and pitfalls of intuitions

The paper follows on from earlier work [Taroni F and Aitken CGG. Probabilistic reasoning in the law, Part 1: assessment of probabilities and explanation of the value of DNA evidence. Science & Justice 1998; 38: 165-177]. Different explanations of the value of DNA evidence were presented to students from two schools of forensic science and to members of fifteen laboratories all around the world. The responses were divided into two groups; those which came from a school or laboratory identified as Bayesian and those which came from a school or laboratory identified as non-Bayesian. The paper analyses these responses using a likelihood approach. This approach is more consistent with a Bayesian analysis than one based on a frequentist approach, as was reported by Taroni F and Aitken CGG. [Probabilistic reasoning in the law, Part 1: assessment of probabilities and explanation of the value of DNA evidence] in Science & Justice 1998.     

Corrections in Israel and the United States: A Comparative Analysis

The general underlying philosophical intent of corrections in both Israel and the United States is the restoration of the offender to a productive role in the community. Since the correctional intent is essentially the same, it is not surprising that the systems established to implement this aspiration are rather similar and exhibit many of the same ambiguities, weaknesses, and frustrations. The focus of the paper is on two correctional alternatives: incarceration and probation.

As in America, Israel's prisons are overcrowded; most of the correctional facilities are unfit for human habitation; sanitary conditions are poor; occupational, vocational, and educational opportunities are virtually non-existent; and rehabilitation exists in name only. The recidivist rate of criminal offenders is as high in Israel as in the U.S. Various Israeli commissions in recent years have decried the prison conditions and have called for reform but, again as in the U.S., the problem has defied an acceptable solution.

Israel's probation services are part of the country's social services delivery system rather than the penal or judicial systems. That is the case because, unlike the U.S. conception, probation in Israel is not considered a punishment. Probation services are utilized by the Criminal Justice System, but organizationally they are not part of it. Still, the functions carried out by the Israeli probation officers very much resemble those of their counterparts in the U.S. Probation services in Israel have not expanded in recent years, even though the number of incarcerated offenders has increased.

Corrections has never been a priority in Israel and will not be so long as the country remains preoccupied with security matters. On the other hand, the crime rate continues to increase and so does the prison population. Consequently, the country's correctional problems and policies, in all their dimensions, should be re-examined, and the sooner the better.     

A Multilayered Jurisdictional Patchwork: Immigration Federalism in the United States

This article focuses on the immigration‐related demands currently being placed on local police in the United States and the emergence of what we call a “multilayered jurisdictional patchwork” (MJP) of immigration enforcement. We report results from nationwide surveys of city police chiefs and county sheriffs and intensive fieldwork in three jurisdictions. The enforcement landscape we describe is complicated by the varying and overlapping responsibilities of sheriffs and city police, and by the tendency for sheriffs to maintain closer relationships with federal Immigration and Customs Enforcement (ICE) authorities. We conclude by reflecting on the implications of the MJP—for immigrants, for their communities, and for the evolving relationship between levels of government in the federal system.     

Physicians' conflicts of interest in Japan and the United States: lessons for the United States

Japanese health policy shows that even with physician ownership and the absence of for-profit, investor-owned health care, physicians' conflicts of interest thrive. Physician dispensing of drugs and ownership of hospitals and clinics were justified in Japan as ways to avoid commercialization of medicine. Instead, they create physicians' conflicts and fuel patient overuse of services. Japan's Ministry of Health and Welfare (MHW) has responded by introducing per-diem payment, thereby creating incentives to decrease services in ways similar to those of American managed care organizations, but with none of their benefits, such as coordination of care, oversight of physicians practices, and quality assurance. Although the United States and Japanese health care systems are organized and financed differently there is convergence in the source of their physicians' conflicts and the way they are addressed. The United States is starting to integrate institutional and physician payment and align their incentives, in a traditional Japanese way. In so doing, the United States creates new physicians' conflicts and reduces the role of countervailing incentives and power, an advantage of previous policy. Japan, in turn, has combined incentives to increase and decrease services, thus moving closer to the U.S. policy.     

Legal training and perceptions of Chief Housing Officers: A southwestern United States study

This study examined the legal training of Chief Housing Officers (CHOs) employed by colleges and universities in the southwest USA. The study also investigated the perceptions of CHOs with regard to legal issues that might confront their institutions in the next five years. The study further examined the possible differences in perceptions of CHOs who have held that position for less than five years versus individuals who have held the position for more than five years. Finally, the study makes recommendations for future research.     

Criminal justice curricula in the United States: A decade of change

This research on criminal justice programs and curricula in 1999–2000 is a follow-up to Southerland's study of baccalaureate programs in 1988–89, published in the Spring 1991 issue of the Journal of Criminal Justice Education. A national overview and regional differences are presented. Positive and negative changes are highlighted, and recommendations for improvement are included. The findings are evaluated in light of the ACJS Minimum Standards for Criminal Justice Education and the broader context of general trends in higher education.     

Intimate Violence in Canada and the United States: A Cross-National Comparison

Using data from the 1985 U.S. National Family Violence Resurvey and the 1986 Canadian National Family Life Survey, this paper compares incidence of intimate violence or “common couple violence” (Johnson, 1995) in both countries. As expected, gender symmetry characterizes common couple violence, which is a product of the privatized setting of many American and Canadian households. Although the United States exhibits significantly higher rates of societal violent crime than Canada, Canadian women and men were more likely than their American counterparts to use severe intimate violence and to inflict it, as well as minor violence, more often, which is contrary to the culture of violence theory that guided the study. Similarly, the higher rates of wife-to-husband severe violence across the life course in both countries are inconsistent with the theory. Several ad hoc explanations are presented to account for these unexpected findings.     

Arbitration of computer disputes in the United States: A status report

The rapid growth of the computer industry has had a far-reaching impact on business life. As swiftly as the computer industry has changed and grown, so too has the potential for disagreements and disputes involving computer-related issues. Computer disputes, like general business disputes, can be successfully resolved through the arbitration process.