SEX AND DELINQUENCY: A Partial Test of the Masculinity Hypothesis

With increasing frequency, commentators assert that attitudes associated with occupying the male status or “masculinity” contribute to criminal/delinquent involvement. Despite the ubiquity with which this “masculinity hypothesis” appears, it has received few empirical assessments, and those that do exist typically are flawed by what amounts to the ecological fallacy. Using individual level data, this research attempted to test the masculinity proposition. In general, our data lent some support to the hypothesis, indicating that independent of gender, having masculine attributes positively affected the commission of different types of delinquent offenses.     

论人类心理普遍性假设的检验策略

根据跨文化心理学的研究,人类的心理呈现出不同的普遍性水平.因此,心理学家在研究中,不应笼统地把人类的心理具有普遍性作为研究的前提,以此推论在单一文化中得到的研究结果,而要对人类心理的普遍性加以文化检验.两种文化比较策略、三种文化比较策略、多元文化调查策略等跨文化比较研究策略是确定人类心理的普遍性水平的不可缺少的概念性工具.此外,非文化研究策略也可以用来检验人类心理的普遍性.     

Fear of Crime among College Students: A Test of the Shadow of Sexual Assault Hypothesis

Women’s fear of rape and sexual assault has been both theoretically and empirically linked to their fear of other types of crimes, a phenomenon referred to as the shadow of sexual assault hypothesis in past research. This thesis has been supported across specific populations (i.e., the general population of women in the United States and college women in the United States), but the research examining the shadow of sexual assault hypothesis has suffered from methodological limitations. The current research corrected these limitations and performed a test of the shadow of sexual assault hypothesis among college and university students across temporal situations and victim-offender relationships. The findings indicate that women’s fear of rape and sexual assault does impact their fear of nonsexual crimes across temporal situations and victim-offender relationships.     

The Relationship Behavior Networks of Young Adults: A Test of the Intergenerational Transmission of Violence Hypothesis

The purpose of this study was to determine how negative relationship behaviors are structured in the semantic networks of young adults from violent versus nonviolent homes. Participants included 110 students (72 females and 38 males) from a large Midwestern university who were enrolled in an introductory psychology class. They completed a sorting task that involved relationship behavior stimuli. As hypothesized, differences were found in the composite sorting patterns, as represented by multidimensional scaling (MDS) solutions, for three different groups categorized by their family-of-origin violence history (i.e., nonvictimized by/did not witness parental violence, None; victimized only, Victim; and both witnessed/victimized, Both). Interpretations of the MDS solutions revealed different associations between violent and nonviolent conflict behaviors for victimized versus nonvictimized individuals, suggesting different semantic associations for conflict for individuals in the two groups. In a second set of analyses, separate solutions were generated for perpetrating and nonperpetrating individuals from violent families. Perpetrator and nonperpetrator solutions were also found to differ significantly. These findings suggest that relationship-specific semantic networks are associated with both past and current experiences with violence. One interpretation of these findings is that cognitive differences, generated in the family of origin, may serve to perpetuate a cycle of violence in subsequent romantic relationships.     

Capital Punishment in the Era of Globalization: A Partial Test of the Marshall Hypothesis Among College Students

U.S. Supreme Court Justice Thurgood Marshall’s hypothesis—that knowledge about the death penalty would reduce support for it—has been measured in terms of the public’s receptivity to key arguments for abolition including racial discrimination, lack of deterrent effect, and innocence. The effect of the international contextual argument, however, has gone virtually untested, despite the argument’s increased popularity. This preliminary study examines the impact of the international contextual argument against the death penalty on the opinion of 216 adult American students at a public university in California. The results of this study suggest that student support for the death penalty was decreased by exposure to international contextual information. The research presented in this paper is intended to encourage further investigation into the possibility that American public opinion may be significantly affected by international context.     

Conditional Race Disparities in Criminal Sentencing: A Test of the Liberation Hypothesis From a Non-Guidelines State

Objectives

To test the liberation hypothesis in a judicial context unconstrained by sentencing guidelines.

Methods

We examined cross-sectional sentencing data (n = 17,671) using a hurdle count model, which combines a binary (logistic regression) model to predict zero counts and a zero-truncated negative binomial model to predict positive counts. We also conducted a series of Monte Carlo simulations to demonstrate that the hurdle count model provides unbiased estimates of our sentencing data and outperforms alternative approaches.

Results

For the liberation hypothesis, results of the interaction terms for race x offense severity and race x criminal history varied by decision type. For the in/out decision, criminal history moderated the effects of race: among offenders with less extensive criminal histories blacks were more likely to be incarcerated; among offenders with higher criminal histories this race effect disappeared. The race x offense severity interaction was not significant for the in/out decision. For the sentence length decision, offense severity moderated the effects of race: among offenders convicted of less serious crimes blacks received longer sentences than whites; among offenders convicted of crimes falling in the most serious offense categories the race effect became non-significant for Felony D offenses and transitioned to a relative reduction for blacks for the most serious Felony A, B, and C categories. The race x criminal history interaction was not significant for the length decision.

Conclusions

There is some support for the liberation hypothesis in this test from a non-guidelines jurisdiction. The findings suggest, however, that the decision to incarcerate and the sentence length decision may employ different processes in which the interactions between race and seriousness measures vary.

     

On the Power of Confession Evidence: An Experimental Test of the Fundamental Difference Hypothesis

In Arizona v. Fulminante (1991), a U.S. Supreme Court majority stated that confessions are similar to, not fundamentally different from, other types of evidence. To evaluate this claim, three mock juror studies compared the impact of confessions to other common forms of evidence. In Experiment 1, participants read summaries of four criminal trials (murder, rape, assault, theft), each of which contained a confession, an eyewitness identification, character testimony, or none of the above. Significantly, the confessions produced the highest conviction rates. In Experiments 2 and 3, participants read a murder or assault trial containing all three types of evidence and made a series of midtrial judgments. Results indicated that the confession was seen as the most incriminating, followed by the eyewitness and character testimony. Although the comparisons we made are limited in certain respects, our findings suggest that confessions are uniquely potent.     

Women,Work, and Crime: An International Test of the Emancipation Hypothesis

This study analyzes Interpol statistics on female crime for the 1963–1970 period for a sample of Western nations with the purpose of testing two popular explanations of female criminality. Six measures of female economic participation in society were correlated with female proportional involvement in overall crime rates, theft, fraud, murder, and robbery/burglary.

It was found that women's contribution to the overall arrest rate is neither directly proportional to their employment in the commercial work force, nor to the degree in which their jobs are comparable to those of males. The analysis of the crimes of theft and fraud provided support for the “opportunity” version of emancipation theory. Adler's “aggressive” variant of the emancipation hypothesis was only partly borne out by the data for murder and not supported for robbery and burglary.     

How Employee Race Moderates the Relationship Between Non-Contingent Punishment and Organizational Citizenship Behaviors: A Test of the Negative Adaptation Hypothesis

The negative adaptation hypothesis states that Black employees, but not White employees, have psychologically adapted to the occurrence of interpersonal mistreatment in organizations because they experience more negative events across different domains of social life than Whites. Consequently, Blacks react less strongly to the same level of actual interpersonal mistreatment compared to Whites. The authors applied this prediction to the relationship between non-contingent punishment and organizational citizenship behaviors (OCB). As expected, in a field study among 456 manufacturing plant workers, the relationship between non-contingent punishment and supervisory-rated OCB was negative and significant for Whites, but not for Blacks. Implications for the study of race, interpersonal mistreatment, and the perpetuation of racial inequalities in organizations are discussed.

中国当代法学教育的两极化构想

中国的法学教育面对21世纪的挑战与机遇,明显地显现出其知识结构的缺陷。针对于此,在培养法学人才 方面,应区分法律精英教育和法律常识教育。法律精英教育高于法律本科教育,取消法律本科教育;法律常识教育主 要普及于中小学教育。这样,就可以适应我国当代社会的发展和建设法治国家的需要。     

宪法基本假设的探析

宪法应有基本假设。宪法的基本假设应从市民社会与政治国家的分离与互动发展中寻找。宪法的基本假设是市民社会是理性社会;政治国家是市民社会的工具;政治国家与市民社会间适用自然法则。宪法的基本假设奠定了宪法运行和宪法理论的基础。     

A Fragment on Cnutism with Brief Divagations on the Philosophy of the Near Miss

This fragment is taken, mid-sentence as it were, from a longer discourse. It is plucked in process from a discussion of friendship for ideas. It is part of a longer journey through the annals of amity. The fragment also examines a fragment, a gloss on a text, a marginal comment, a handwritten note, which is taken to constitute the modern origin of Cnutism.     

不久未来的法律模型——由不久未来而思考现代

一、欧美模型·多元模型·不久未来模型(一)“日本式的”日本现在的法制是在明治时期继受欧洲大陆法而形成的,其后已走过一个多世纪的岁月。在其前半段,日本虽实现了急速的近代化但又因走过军事大国之路而瓦解。其后半段是自联军占领下的虚空状态开始,在美国法制的绝对性影响下     

Estimates of Repeat Victimization Using the National Crime Victimization Survey

Many crime victims experience multiple victimizations over time. Estimating the rate of repeat victimization from a longitudinal survey, however, is difficult because individuals often have missing data for some of the interviews. We use data from the 1996–98 U.S. National Crime Victimization Survey to explore potential effects of missing data on estimated rates of repeat violent victimizations in individuals. We introduce two algorithms for estimating repeat victimization rates, using logistic models to impute values for individuals who have partial data. These models are applied to estimate rates of repeat victimization for all violent crimes, and separately for crimes of domestic violence. Estimates show substantial sensitivity to the form of the model used.     

A validation study of the Competency Screening Test

This study was designed to assess the utility of the Competency Screening Test (CST) as a method of determining competency to stand trial. Fifty male residents of a state forensic unit were administered the CST. These residents were later interviewed by the Forensic Team who determined whether they were competent to stand trial. The CST correctly predicted the competency recommendations of the Forensic Team in 82 percent of the 50 cases. These data are consistent with previous research, and suggest that the CST should be further investigated as a preliminary screening instrument in the determination of competency to stand trial.     

A Y‐Chromosomal Haplotype with Two Short Tandem Repeat Mutations*

Abstract:  The male‐specific Y‐chromosomal short tandem repeat (STR) is a useful tool in forensic casework. The Y haplotype comprised of 16 loci, which is amplified simultaneously by AmpFlSTR^® Yfiler^TM PCR kit and provides strong exculpatory evidence in individual identification. We reported a rare Y‐STR profile with a null allele at the DYS448 locus and an off‐ladder allele at the DYS456 locus, when genotyping material from a vaginal swab in an alleged rape case. Sequence analysis revealed that the DYS448 null allele was a true type of null allele because of a total deletion of 11 upstream repeats and 9 bp of the N₄₂ region, and there were numerous primer binding site mutations as well. The amplicon of the DYS456 locus was a small 92‐bp fragment that was off‐ladder, and sequencing analysis showed that there were only 10 repeats (AGAT)₁₀. This Y chromosome haplotype that was comprised of two variations provided helpful evidence for personal identification.     

人性假设与民事诉讼法的修改完善

引论 "在每一个管理制度和措施的背后,都有某些关于人性及其本质的基本看法,这称为人性假设."①民事诉讼法的制定、修改与完善背后也蕴藏有关于人性的诸多假设.②从1982年10月1日实施的<中华人民共和国民事诉讼法(试行)>(下简称民事诉讼法试行)到1991年4月9日实施的<中华人民共和国民事诉讼法>(下简称现行民事诉讼法),再到目前沸沸扬扬的对现行民事诉讼法修改与完善的讨论,无不清晰地体现这一假设.事实表明,从不同的人性假设出发所导致的法律的制定、修改与完善的路径当是各不相同甚至完全相反的.因此从人性假设的视角对民事诉讼法进行宏观的思索与研究,可以为未来民事诉讼法的修改与完善拓展出一条基本的路径和思路.