Reform on Mediation System of Arbitration Commissions

Looking back at the development of China's arbitration, from the administrative intervention to real arbitration, from issuing of Arbitration Law to the latest judicial interpretation, from the rise of institutional arbitration commission to gradually converge with international     

The influence of personality on violent victimization – a study on police officers

The current study aims to examine the influence of police officer characteristics, civilian characteristics, and possible interactions between both on violent victimization of police officers. Based on literature distinguishing between ‘provocative’ and ‘submissive’ victims, focus is given on effects of police officers’ personality in terms of the five-factor model plus risk-taking. Patrol police officers (n?=?1813) from Lower Saxony, Germany, completed a paper-and-pencil survey including personality assessments as well as questions about their last three police encounters. Binary logistic multilevel regression analyses demonstrate that police officers with higher scores on neuroticism and openness to experience were more likely to be violently attacked. Furthermore, agreeableness reduced police officers’ risk of violent victimization, while risk-taking and neuroticism increased their risk when confronted with a violent civilian. The study indicates that personality and especially traits that are assumed to provoke potential perpetrators were linked with violent victimization. It further stresses the need to include perpetrator attributes in victim studies in order to identify relevant interaction effects between both parties.     

The Differential Role of Stress on Police Officers’ Perceptions of Misconduct

Asian Journal of Criminology - This study examines the influence of stress, by way of subdimensions of anxiety, and depression, on police officers’ perceptions of the seriousness of various...     

The Effect of Local Life Circumstances on Victimization of Drug‐Involved Women

While numerous studies have examined female victimization in the general population, fewer studies have focused specifically on high‐risk populations such as drug‐involved females. Of the existing literature, the Lifestyle Exposure and/or Routine Activities theory is frequently used to examine the antecedent conditions and correlates of female victimization. This study employs a dynamic modeling approach to examine the effect of short‐term change (i.e., monthly) in local life circumstances on female victimization within a criminogenic population. Results demonstrated that risk of victimization increased in months a woman was in a relationship, lived with a significant other and/or her children, engaged in criminogenic behavior, or lived in an transitory situation. Contrary to traditional theoretical expectations, conventional employment did not reduce a women’s likelihood of victimization.     

A War on Cops? The Effects of Ferguson on the Number of U.S. Police Officers Murdered in the Line of Duty

Police agencies in the U.S. are currently facing a major legitimacy crisis resulting from a spate of high-profile use of force incidents, many involving minority citizens. Recent headlines emphasize that there is now a “war on cops” and that police officers are facing increasing levels of hostility and violence fueled by a growing anti-police sentiment. In the aftermath of events in Ferguson, Missouri in August 2014, some commentators claim that the number of police officers feloniously assaulted and killed in the line of duty has increased sharply. Using time series analysis of data from the Officer Down Memorial Page, we test whether events in Ferguson were associated with an increase in the number of police officers murdered in the line of duty. Our results provide no evidence for a “Ferguson Effect” on the number of U.S. police officers murdered in the line of duty as of March 2016.     

Effects of Defendant Sexual Orientation on Jurors’ Perceptions of Child Sexual Assault

We examined mock jurors’ reactions to a sexual abuse case involving a male teacher and a 10-year-old child. Because gay men are sometimes stereotyped as child molesters, we portrayed defendant sexual orientation as either gay or straight and the victim as either a boy or girl. Jurors made more pro-prosecution decisions in cases involving a gay versus straight defendant, particularly when the victim was a boy. In boy-victim cases, jurors’ emotional feelings of moral outrage toward the defendant mediated these effects. On average, women jurors were more pro-prosecution than were men. Results have implications for understanding social perceptions of cross- and same-gender child sexual abuse and juror decision making in child sexual assault cases perpetrated by homosexual and heterosexual men.

The Influence of Accounts and Remorse on Mock Jurors’ Judgments of Offenders

Defendants often provide accounts that minimize their responsibility for the accused offense. Jurors attribute responsibility to defendants and decide legal outcomes based on the given account. The current research examined the effects of accounts (i.e., excuse, justification, denial, and no explanation) and the defendant’s remorse display (i.e., remorseful, remorseless) on mock jurors’ judgments. Participants acquitted the defendant in the denial condition most often and recommended the most lenient punishment in the justification condition. The remorseful defendant was found guilty more frequently than the remorseless defendant in the no explanation and (marginally) excuse conditions. Limitations and future research are discussed.     

A qualitative study of the impact of law clinics on students’ perceptions of emotional labour expectations

The benefits to students of being given some form of clinical legal education are well documented. Research has been conducted in the area of legal education and emotion, emotional intelligence and clinical legal education. There have also been studies which explore emotional labour in the legal profession. However, there is currently no research into the role of clinical legal education in advancing law students’ understanding of emotional labour expectations in the legal profession. This Legal Education Research Network (LERN) funded project aims to fill that gap by examining the contribution law clinics make to the development of law students’ emotion management skills in preparation for entry into the legal profession. The project seeks to achieve this by considering the changes to law students’ perceptions of emotional labour expectations as a result of undertaking this type of clinical legal education. The paper offers insights into the types of emotional labour as well as the perceived drivers of emotional labour, which are regarded as necessary to fulfil the role of the solicitor. The paper will also analyse the potential consequences of performing emotional labour identified by participants.     

Localization Path of the Research Paradigms of Legal Commentary in China — Focusing on the Public Legal Service Function of the Case-Commentary Research on the Style of Civil Litigation Documents

Conducting case-commentary research on the style of civil litigation documents is a key method for judges to produce legal documents, develop professional writing and creative skills, and enhance legal thinking. Such a study is an important way to deepen the reform of the judicial power operation mechanism and to improve the trial management mode. Considering the background of the judicial responsibility system reform, the localization of the research paradigms and case-commentary methods of the style of litigation documents can help reach the consensus of the legal professional community. It also helps promote judgment rules and the spirit of the law. Legal commentaries convey the important functions of public legal services to the public. It is necessary to integrate the Style of Civil Litigation Documents, the “one-stop” litigation service with the reform practice of judicial committees in China, and conduct detailed research on the procedural ruling function and guiding function of the style of civil litigation documents. By studying the guiding function of civil litigation document style for judicial behavior, litigation procedure, and entity processing, it is good for judges to broaden their ideas and methods to write civil litigation documents, enabling an examination of the localization path and method of the legal commentary research paradigm and demonstrating how to continue using the paradigm within the context of the comprehensive reform of the judicial system. Moreover, the study emphasizes how to exert the function of public legal services integrated with the style of civil litigation documents.     

Kamalaśīla on Doubt as the Cause of the Activity of Reading

As Funayama has shown, Dharmakīrti’s successors had an animated discussion on the nature and function of the initial statement (ādivākya) of scientific treatises in terms of its effectiveness and requisites. Arca?a (8th c.) in his comments on the initial statement of the Hetubindu considers that the initial statement, which contains the purpose (prayojana) of the treatise, is useless in prompting people to undertake the activity (prav?tti) of reading the treatise because judicious people are supposed to undertake action only due to certainty (ni?caya) which never arises from something that is not a pramā?a. For Arca?a, the initial statement is set forth only to dispel the objection of an opponent who criticizes the treatise for not having a purpose. Kamala?īla (8th c.) criticizes Arca?a on this point; for him the initial statement is effective to prompt people to undertake the reading of the treatise because people act also on the basis of doubt (sa??aya), which arises from the initial statement that is not a pramā?a but an abhyupāya for action. This paper attempts to consider how such doubt can cause reading by examining the debate in the Tattvasa?grahapañjikā and related texts. As Kamala?īla presupposes, when people act due to doubt, they may attain the desired purpose by chance but cannot escape the risks of not attaining an desired purpose and also of attaining an undesired purpose. Taking these risks into consideration, it is reasonable for Granoff to take up Kamala?īla’s position as an example of the maxim of kākatālīya in the introduction of her paper in the present volume. However, the probability for the readers of the Tattvasa?graha to achieve easy comprehension of tattva as a result of reading a full treatise, which they undertake due to doubt out of the initial statement, is higher than that for a crow being suddenly killed by a falling palm-fruit. According to Kamala?īla, the risk of not attaining the desired purpose does not prevent people from reading because such fear equally occurs in activities based on certainty. Furthermore, there is no risk of attaining an undesired purpose from the treatise because authors are supposed to undertake action only for the sake of others. Therefore, doubt which arises from an abhyupāya can make people undertake action.     

Carl Schmitt on the Secularisation of Religious Texts as a Resacralisation of Jurisprudence?

Carl Schmitt, an increasingly influential German law professor, developed a provocative and historically oriented model of “political theology” with specific relevance to legal scholarship and the authorship of constitutional texts. His “political theology” is best understood neither as an expressly theological discourse within constitutional law, nor as a uniquely legal discourse shaped by a hidden theological agenda. Instead, it addresses the possibility of the continual resurfacing of theological ideas and beliefs within legal discourses of, for instance, sovereignty, the force of law and states of emergency (or “exception”) that present themselves as relentlessly secular, even—in the case of Kelsenian jurisprudence—”scientific”. This article illustrates and then critically evaluates Schmitt’s theory in terms of the authorship of constitutional texts in particular. It includes two case studies—genocidal colonial land appropriation and Kelsenian positivism in order to illustrate aspects of his political theology. Whilst Schmitt is defended against reductionist interpretations, I show that there remains considerable unfinished business before a Schmittian approach to legal theory merits full acceptance.     

Evaluation of the one-step Lumicyano™ used in the visualisation of fingermarks on fabrics

This study consisted of three parts to evaluate the performance of Lumicyano? on a variety of fabrics. One part assessed the impact of dye percentage (8%, 9% and 10%) on visualisation of fingermark detail and luminescent brightness in split grab marks. A 9% dye produced the highest quality detail of grab impressions with least interference from background fluorescence. The second part investigated the optimal relative humidity (RH, 75–84%) for certain fabric types using Lumicyano on split, six-series depletion fingermarks. It was concluded that the recommended RH of 80% remained the ideal cyanoacrylate fuming environment. The final and third part of this study determined the impact of sequential addition of Basic Yellow 40 (BY40) on Lumicyano compared to traditional cyanoacrylate (CA) followed with BY40 application. Results from this study demonstrated that Lumicyano on its own developed fingermarks with superior quality to Lumicyano with sequential addition of BY40 or traditional cyanoacrylate followed by BY40. Inclusion of more fabrics, donors and longer ageing periods should be explored in future studies to determine what frameworks are best for certain types of fabrics.     

Impacts of Aggregation on Relative Performances of Nonsurvey Updating Techniques And Intertemporal Stability of Input–Output Coefficients

In many instances, and for variety of reasons, input–output researchers are compelled to both employ mechanical techniques to update older survey-based tables as well as using more aggregated ones. This combination, however, gives rise to several concerns. The present paper is an attempt to investigate two such questions. First, the effects of aggregation on the accuracy ranking of selected updating methods, and second, the effects of aggregation on intertemporal stability of the input–output coefficients. To probe these issues, three updating methods were selected. These methods are NAÏVE or constant coefficient hypothesis, RAS or biproportional method, and LaGrangian optimization technique. Two survey-based tables from the former Soviet Union along with the selected updating techniques are used to generate updated target year’s direct and inverse transaction matrices at four aggregation levels. Comparison of the resultant estimates at these four levels of aggregation with their counterparts in the actual benchmark table reveals that a higher level of aggregation neither affects the rankings of the updating methods nor does it universally and unequivocally leads to a higher degree of intertemporal stability of input–output coefficients.     

The Impact of Negative Forensic Evidence on Mock Jurors’ Perceptions of a Trial of Drug-Facilitated Sexual Assault

Legal concerns with regard to the adverse impact of a negative toxicological screening for date-rape drugs in a case of drug-facilitated sexual assault (DFSA) were the focus of a recent Canadian case (R. v. Alouache, 2003). To assess the impact of a negative forensic report, as well as the impact of expert testimony explaining the many factors that may contribute to a negative outcome, participants (N=171) received a written trial stimulus in which the forensic evidence (negative report, negative report plus expert testimony, no negative report and no expert testimony control) and the complainant's beverage consumption (alcohol, cola) were systematically varied. Results indicate that a negative finding in the absence of expert testimony produced greater verdict leniency and more favourable evaluations of the defendant's case. In contrast, no differences were found between the case in which the expert testified and a case in which the negative report and expert testimony were omitted.

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The Influence of Parole Officers’ Attitudes on Supervision Practices

The supervision of offenders conditionally released into communities is one of the primary functions of parole officers. Scholars have hypothesized that officers’ attitudes towards supervision may influence their job performance. Yet there are few studies which have examined the influence of parole officers’ attitudes on their actual supervision practices, and studies of the attitude–behavior relationship among other justice system actors have revealed mixed findings. This study involved an examination of the relationship between officers’ attitudes towards supervision and their supervisory responses to offender behavior. Findings revealed that officers’ attitudes influence their intended behaviors. However, results of the analyses of the potential relationship between officers’ attitudes and their actual behaviors were mixed. Officers’ attitudes had no effect on their rate of issuing community-based sanctions, but officers who held more authoritative attitudes were more likely to pursue revocation hearings for offender noncompliance.