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The article discusses a proposed universal adoption of comprehensive family law subject matter jurisdiction, inclusive of end‐of‐life (EOL) cases, as articulated in the unified family court (UFC) concept. It posits, using the Schiavo matter to illustrate the difficulties inherent in EOL disputes, that contested EOL cases are unlike other civil court cases in that they involve intimate facts and emotionally laden family dynamics. As such, these cases pose a distinctive challenge for the courts. The article suggests that contested EOL cases should be heard in a UFC because UFCs include alternative dispute resolution (ADR) protocols to deescalate family strife with the goal of facilitating out‐of‐court settlements and that litigation is an imperfect solution for an EOL dispute. It is also noted that judges presiding in UFCs are more experienced in handling fractious family matters and thus they are more likely to avert protracted litigation if the matter is not settled via ADR.  相似文献   

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The study outlined in this article addressed a key limitation of prior research on the punishment of juveniles transferred to adult court by employing propensity score matching techniques to create more comparable samples of juvenile and young adult offenders. Using recent data from the Maryland State Commission on Criminal Sentencing Policy, it tested competing theoretical propositions about the salience of juvenile status in adult court. Findings indicate that even after rigorous statistical matching procedures, juvenile offenders are punished more severely than their young adult counterparts. We found no evidence that this “juvenile penalty” is exacerbated by an offender's race or gender, but it does vary starkly across offense type and mode of transfer, being driven primarily by drug crimes and discretionary waivers. The import of these findings is discussed as they relate to the future of juvenile justice policy regarding the continued use of juvenile transfer to adult court.  相似文献   

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This study contributes to contemporary research on the punishment of juvenile offenders in adult court by analyzing the use of guidelines departures for transferred juveniles in two states, one with presumptive sentencing guidelines (Pennsylvania) and one with voluntary guidelines (Maryland). Propensity score matching is first used to create more comparable samples of juvenile and young adult offenders, and then Tobit regressions are employed to estimate the effect of juvenile status on the likelihood and length of departures. Our findings indicate that juvenile status significantly affects the use of upward departures in Pennsylvania, and the use of both downward and upward departures in Maryland. Judicial reasons for departure are examined to provide additional insight into the complex dynamics surrounding exceptional sentences for juvenile offenders sentenced in adult court.  相似文献   

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We analyze life history narratives and structured data derived from a study of serious female and male offenders interviewed when incarcerated as adolescents and followed up thirteen years later. We highlight shifts in the influence of friends and in the nature of friendship choices, and suggest how these changes can facilitate desistance processes. While key events (e.g., marriage) are important to an understanding of such changes, shifts in the actor's perspective and identity are also integral to the process of making successful network realignments. Similarities and differences by gender in the effects of adult social influence processes are also examined.  相似文献   

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李有观 《检察风云》2011,(13):32-33
1911年3月25日是星期六,下午4点45分,美国纽约市曼哈顿区三角制衣厂(主要生产女用衬衫)的275名年轻女孩开始收拾东西准备下班。然而,在随后不到20分钟的时间内,其中一些女孩身体被大火烧成了焦炭,尸体沿格林街东侧排成了行。一些女孩们从九楼跳下来,摔在水泥地上,当场死亡,她们的尸体上只盖着防水油布。贝尔维尤太平间装不下这么多尸体,不得不在毗连的东河码头设立临时停尸房。数百位父母和家庭成员前来辨认遇难的亲人。这一天晚上,三角制衣厂发生的火灾导致146名员工丧生。  相似文献   

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A recent emphasis in criminology has been on trajectories, life transitions, and turning points that affect the escalation, stabilization, or desistance of deviant behavior. The purpose of this article is to describe and examine one potential pathway of delinquency escalation in early and mid-adolescence. It draws upon Agnew's general strain theory and research on adolescent stress to describe a significant transitory stage of the life course. A key organizing principle underlying the proposed pathway is that although stressful life events are highly variable among adolescents, experiencing a persistent or increasing number over time can lead to an escalation of delinquency. Using four years of sequential data from the Family Health Study (651 adolescents aged 11–14 during year one), we estimate a hierarchical growth-curve model that emphasizes the effects of life events on delinquency. The model assumes that delinquency is distributed as an overdispersed Poisson random variable. The results indicate that experiencing a relatively high number of life events over time is related to a significant “growth” of delinquency but that this relationship is not affected by sex, family income, self-esteem, or mastery.  相似文献   

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The aim of this paper is to describe the development of criminal behavior from early adolescence to late adulthood based on conviction data for a sample of Dutch offenders. Measuring over an age span of 12 to 72, we ask whether there is evidence for (1) criminal trajectories that are distinct in terms of time path, (2) a small group of persistent offenders, (3) criminal trajectories that are distinct in the mix of crimes committed, or, more specifically, persistent offenders disproportionately engaging in violent offences, and (4) different offender groups having different social profiles in life domains other than crime. The analysis is based on the conviction histories of the Dutch offenders in the Criminal Career and Life Course Study. Four trajectory groups were identified using a semi‐parametric, group‐based model: sporadic offenders, low‐rate desisters, moderate‐rate desisters and high‐rate persisters. Analyses show that high‐rate persisters engage in crime at a very substantial rate, even after age 50. Compared to other trajectory groups the high‐rate persistent trajectory group disproportionately engages in property crimes rather than violent crimes. Also, these distinct trajectories are found to be remarkably similar across age cohorts.  相似文献   

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Gang‐involved youth are disproportionately involved in criminal behavior, especially violence. The processes accounting for this enhanced illegal activity, however, remain speculative. Employing a life‐course perspective, we propose that gang membership can be conceptualized as a turning point in the lives of youth and is thus associated with changes in emotions, attitudes, and routine activities, which, in turn, increase illegal activity. Using prospective data from a multisite sample of more than 1,400 youth, the findings suggest that the onset of gang membership is associated with a substantial change in emotions, attitudes, and social controls conducive to delinquency and partially mediate the impact of gang membership on delinquent activity. Desistance from gangs, however, was not associated with similar systematic changes in these constructs, including delinquent involvement.  相似文献   

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Recent advances and debates surrounding general and developmental as well as static and dynamic theories of crime can be traced to the 1986 National Academy of Science's Report on criminal careers and the discussion it generated. A key point of contention has been regarding the interpretation of the age–crime curve. According to Gottfredson and Hirschi (1986), the decline in the age–crime curve in early adulthood reflects decreasing individual offending frequency (λ) after the peak. Blumstein et al. (1986) claimed that the decline in the aggregate age–crime curve also could be attributable to the termination of criminal careers, and the average value of l could stay constant (or increase with age) for those offenders who remain active after that peak. Using data from the Criminal Career and Life Course Study—including information on criminal convictions across 60 years of almost 5,000 persons convicted in the Netherlands—and applying a two-part growth model that explicitly distinguishes between participation and frequency, the study outlined in this article assessed the participation–frequency debate. Results suggest that the decline in the age–crime curve in early adulthood reflects both decreasing individual offending participation and frequency after the peak, that the probabilities of participation and frequency are significantly related at the individual level, and that sex and marriage influence both participation and frequency.  相似文献   

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This study, which is based on individual criminal careers over a 60‐year period, focuses on the development of criminal behavior. It first examines the impact that life circumstances such as work and marriage have on offending, then tests whether the effects of these circumstances are different for different groups of offenders, and finally examines the extent to which the age‐crime relationship at the aggregate level can be explained by age‐graded differences in life circumstances. Official data were retrieved for a 4‐percent (N=4,615) sample of all individuals whose criminal case was tried in the Netherlands in 1977. Self‐report data were derived from a nationally representative survey administered in the Netherlands in 1996 to 2,244 individuals aged 15 years or older. In analyzing this data, we use semi‐parametric group‐based models. Results indicate that life circumstances substantially influence the chances of criminal behavior, and that the effects of these circumstances on offending differ across offender groups. Age‐graded changes in life circumstances, however, explain the aggregate age‐crime relationship only to a modest extent.  相似文献   

13.
The short‐run deleterious effects of gang involvement during adolescence have been well researched. However, surprisingly little empirical attention has been devoted to understanding how gang involvement in adolescence influences life chances and criminal behavior in adulthood. Drawing on the life‐course perspective, this study argues that gang involvement will lead to precocious transitions that, in turn, will have adverse consequences on the fulfillment of adulthood roles and statuses in the economic and family spheres. Moreover, problems fulfilling these conventional roles are hypothesized then to lead to sustained involvement in criminal behavior in adulthood. Using data from a sample of males from the Rochester Youth Development Study, results from structural equation models support the indirect link between gang membership and noncriminal and criminal outcomes in adulthood. Specifically, gang involvement leads to an increase in the number of precocious transitions experienced that result in both economic hardship and family problems in adulthood. These failures in the economic and family realms, in turn, contribute to involvement in street crime and/or arrest in adulthood. Implications for the criminal desistance process are discussed.  相似文献   

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We use the National Crime Victimization Survey to examine whether a suspect's relationship to an assault victim affects whether the police make an arrest. The results indicate that in cases of minor assaults the police are less likely to make an arrest when the suspect is an intimate partner of the victim than when the suspect is an identifiable stranger. However, the police are not as lenient when the suspect is an intimate partner as they are when the suspect is someone else the victim knows. Intimate partner suspects avoid arrest in part because they are less likely to commit their crimes in front of witnesses. In addition, victims who know the suspect in any way are reluctant to sign complaints, and this reluctance inhibits arrest. Men are less likely than women to sign complaints, particularly when the suspect is a partner.  相似文献   

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The social meaning of wife assault has changed in recent years for both citizens and formal social control agents. Research on deterrence has been partly responsible for modifying police responses to domestic violence. Police are increasingly adopting pro-arrest policies for wife assault, but little is known about perceptions held by assaulters concerning the consequences of arrest for their life circumstances. Using national survey data from samples of both assaultive and nonassaultive men, the following questions are addressed: What costs do men perceive as most likely to occur if they are arrested for wife assault? Does the perceived likelihood of these costs contribute to their overall fear (i.e., perceived severity) of arrest? To what extent is the perceived likelihood of these costs related to involvement in wife assault? Perceived costs include both direct consequences seen to result from arrest and any indirect costs for the person. Indirect consequences include stigmatic costs (e.g., familial or personal humiliation), attachment costs (e.g., damage to interpersonal relationships) or commitment costs (e.g. jeopardized investments or foreclosed opportunities). The implications of the findings for an expanded version of the deterrence doctrine are discussed.  相似文献   

20.
Suddenly my head begins to spin. I feel dizzy and confused. My head keeps going round and round. In front of me sits a married couple; they go on and on in circles, going nowhere. A feeling of despair overwhelms me as I think to myself, This couple needs to be in therapy. I then realize I am the therapist.  相似文献   

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