THE INFLUENCE OF BLAME AND BELIEVABILITY FACTORS ON THE PROCESSING OF SIMPLE VERSUS AGGRAVATED RAPE CASES*

In this study we test two hypotheses concerning the processing of simple and aggravated rape cases. First, we test the hypothesis that aggravated rape cases are taken more seriously than simple rape cases by decision makers in the criminal justice system and, thus, aggravated cases will result in more serious outcomes. Second, we test the hypothesis that the influence of factors relating to the blame and believability of a victim on case processing is greater in simple than in aggravated rape cases. Our results indicate that the characteristics and outcomes of aggravated and simple rape cases are surprisingly similar, and that there is little evidence of an interaction between type of case and victim characteristics.     

THE MISPLACED ROLE OF RATIONAL CHOICE IN NEUTRALIZATION THEORY

This study addresses one point in neutralization theory. It is often maintained that techniques of neutralization relieve moral constraints which allow for individuals to commit delinquent behavior. Drawing on the body of knowledge concerning vocabularies of motives, it is argued here that motives in deviancy theory should not be viewed in such positivist/causal terms. Techniques of neutralization are motives which are more accurately utilized after behavior is committed and only when such behavior is called into question. It is also argued that the use of motives and the types of motives should indicate the degree of conflict involved in the question situation.     

TENNESSEE'S ADOPTION LAW AND THE LIMITATIONS OF THE CONSTITUTIONAL ARGUMENTS REGARDING OPEN RECORDS

In 1995, Tennessee enacted a statute allowing adult adoptees access to information contained in their adoption records. Since then, debate has arisen concerning the constitutional rights of both the adoptive parents and the adoptees. A further dichotomy arose concerning the newly-created variation between adult and minor adoptees. While the debate continues, certain cases have begun to outline a judicial position on these matters, establishing predictors for the future application of the Tennessee law.     

PSYCHOLOGICAL EFFECTS OF THE PREDICTABILITY OF PRISON RELEASE

Although the determinate sentence is generally discussed as a unified concept, it appears to be comprised of two independent factors which can be considered separately-equity in sentencing and predictability of release. This paper features one component of the determinate sentence, predictability of release, in an attempt to demonstrate the advantages of providing inmates with advance information concerning their release dates. Evidence from psychological research on stress and intrinsic motivation is presented to substantiate claims by critics of the indeterminate sentence that it results in heightened inmate-anxiety and poor program-performance. Ensuring predictability of release is an important objective which is likely to result in benefits for both inmates and the correctional system as a whole.     

POLICE VIOLENCE AS A FUNCTION OF COMMUNITY CHARACTERISTICS

The authors find that existing models concerning police violence are not i designed to explain variation among the states in the rates of police use ‘of deadly force. This variation correlates significantly with numerous cultural attributes of the public. The strongest correlates are with the public rates of violence. Therefore, the authors propose to moody existing modeb, and explain the police use of violence as a response to community characteristics. Where public violence is neither normative nor commonly occurrent. the police will be self-restrained. Where the incidence of violence reveals a common means of conflict resolution, the police will adopt its use. Thus, the police use of violence is a culturally determined characteristic and not a police pathology.     

IN SEARCH OF A LINKAGE

Previous research has produced conflicting findings concerning the relationship between police evaluation by citizens and unreported crime rate. Data for thirteen large American cities indicate a weak positive relationship between the two variables. Strong negative relationships are evident between unreported crime rate and variables measuring police systems activities and demographic characteristics. Cities with the highest levels of police expenditures and manpower have the lowest levels of unreported crime, as do cities with high percentages of nonwhites and dense populations. Further analysis reveals that controlling for percentage of nonwhites and police manpower severely attenuates the original correlation between unreported crime rate and police evaluation. We conclude that future research should endeavor to explain the linkage between police systems activities and unreported crime.     

THE EFFECT OF LONGITUDINAL ARREST PATTERNS ON THE DEVELOPMENT OF ROBBERY TRENDS AT THE NEIGHBORHOOD LEVEL *

Although the current resurgence of ecological deterrence research has addressed many of the methodological and theoretical problems of earlier studies, the question concerning the appropriate level of aggregation for such models has not been resolved. In this paper, we argue that there is strong evidence in the criminological literature that the neighborhood is the most meaningful level of aggregation for such studies. However, in an analysis of robbery incidents and arrests over 100 weeks in five Oklahoma City neighborhoods we did not find any significant support for the deterrent effect of arrests on subsequent illegal behavior. We propose that the lack of such a relationship reflects periods of short-term equilibrium in the local community, during which the levels of crime and arrests are relatively stabilized.     

AN EVALUATION OF SUPERVISED ACCESS III

Although supervised access has become a more frequently used option within the custody and access domain over the last 10 years, no empirical literature has examined supervised access from the standpoint of its effect on the legal system. As part of a large-scale evaluation of Ontorio's Supervised Access Pilot Project, the present study sought the perceptions of the legal community and the courts regarding supervised access centers. A total of 14 lawyers and 13 judges participated in semistructured telephone interviews concerning supervised access cases in general, the function and impact of the supervised access program in their community, and their satisfaction with and recommendations regarding the center. Both lawyers and judges expressed high levels of satisfaction with the centers and believed that their availability resulted in savings to the legal system and reductions in hostility and conflict between parents. Implications and limitations of the study are discussed.     

MEDIATIVE STRATEGIES IN THE MANAGEMENT OF CHILD SEXUAL ABUSE MATTERS

This article presents the theoretical importance and practical applications of mediative strategies in family conflicts where sexual abuse allegations are involved. Traditional approaches often further the breakdown of the family and harm the children. The linear nature of the legal system in which these conflicts are played out, the strong moral and cultural influences in issues concerning sexuality, and the approach of the professionals involved are factors considered. When multiple professionals intrude simultaneously on a family, there is severe disruption of the boundaries and internal hierarchy of the system. The process of mediation allows for effective conflict management because it is premised on systemic problem solving. The article catalogues specific mediative skills, strategies, and techniques that can be applied. It also encourages the use and incorporation of mediation in court systems to more effectively manage family conflicts such as divorce and juvenile matters, where sexual abuse is often alleged.     

TRAINING,SKILLS, AND PRACTICES OF PARENTING COORDINATORS: FLORIDA STATEWIDE STUDY

This report details findings from the nation's first statewide study on parenting coordination. A survey was presented to all known practicing parenting coordinators (PCs) in Florida (N = 207), with 67 (32%) responding. Data concerning PC demographics, how PCs do their work, and how they perceive their clients at different stages of the parenting coordination process suggest substantial similarity between mental health and family law professionals in almost every realm of questioning. Study limitations, implications for further research, and practice considerations are discussed.     

URBANNESS AND UNCONVENTIONAL BEHAVIOR: A PARTIAL TEST OF CLAUDE FISCHER'S SUBCULTURAL THEORY

Eleven hypotheses concerning individual behavior are derived from Claude Fischer's ecological subcultural theory linking size-of-place, subcultural development, and unconventional behavior. Data from a three-state survey are used to test the derived hypotheses. The findings are mixed, which suggests the theory has merit but that it is too general and should be refined to specify the conditions under which various effects are most likely. The results suggest that a refinement must confront the following realities: (1) the size of the population is not necessarily predictive of high probabilities of all kinds of deviance, (2) all deviance is not subculturally linked, and (3) subcultures and subcultural involvement are not necessarily concentrated in larger places. Nevertheless, (4) when subcultural involvement is strong, it exercises great influence on behavior. Approaches for refining the theory are suggested.     

THE MEANING OF ARREST FOR WIFE ASSAULT*

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.     

PARENTING COORDINATION (PC) PRACTICE: A SURVEY OF EXPERIENCED PROFESSIONALS

This study summarizes a survey of experienced North American parenting coordinators (PCs). The survey was modeled after a similar seminal study of child custody evaluators ( Keilen & Bloom, 1986 ) and seeks to establish a similar baseline standard in alternative dispute resolution (ADR) court‐sanctioned PC practices. Results reveal that PC is being practiced across North America by highly experienced practitioners that are multidisciplinary across legal and mental health professions who work by court order. These PCs work with a specific written PC agreement that specifies basis of authority, scope of authority, terms of service, retainer/fees, and grievance procedures. Results characterize PC as an increasingly established hybrid ADR court‐sanctioned role that is effective precisely because of accessibility to families, the unique knowledge base of the family law professional concerning the dynamics of divorcing families, and the court‐granted authority to help families resolve disputes that are generally more familial and psychological than legal in nature.     

THE EFFECT OF VICTIM PARTICIPATION IN SENTENCING ON SENTENCE OUTCOME *

The role of victims in the criminal justice process has been a neglected area of research. In the past two decades, however, victims of crime have received increased attention, and recently this attention has centered on the involvement of victims in sentencing. This paper addresses the concerns of critics of the involvement of victims in sentencing and assesses the impact of victim participation on sentence outcome using felony crimes in one midwestern county. Analysis reveals that filing a victim impact statement has some effect on sentence outcome (probation versus incarceration), although offense and offender characteristics are of primary importance. Victim requests for a particular sentence do not influence the choice of sentence. Legal considerations largely explain length of imprisonment, although several of the victim-related variables have explanatory power. The implications of these results for the debate concerning victim participation are discussed.     

ESCALATION AND DESISTANCE OF WIFE ASSAULT IN MARRIAGE*

This article examines two widely held beliefs concerning the nature of “careers” of wife assault. Most researchers and members of the public believe that assaultive behavior in marriage, once begun, tends to continue for the life of the marriage. It is also commonly believed that minor violence (e.g., slapping, shoving, throwing things at a spouse) is unrelated to severe assaults (e.g., punching, kicking, using a weapon). These beliefs are based on the most severe cases of wife battering, as described by the media and by women in shelters. Despite these beliefs, we suggest that wife assault is similar to other forms of deviance and crime, in that desistance is common and engaging in minor forms of deviance is a risk factor for engaging in major forms of deviance and crime. The article reports a study using data on a sample of 380 married respondents who reported some violence in their marriage in 1985 and were reinterviewed in 1986. The findings indicate that most marital violence is transient, but even minor violence by a wife poses a risk of escalation to more dangerous assaults by a husband. Theoretical and practical implications of the findings are discussed.     

HIGH TIMES FOR HATE CRIMES: EXPLAINING THE TEMPORAL CLUSTERING OF HATE‐MOTIVATED OFFENDING

This research explains the temporal clustering of hate crimes. It is hypothesized that many hate crimes are retaliatory in nature and tend to increase, sometimes dramatically, in the aftermath of an antecedent event that results in one group harboring a grievance against another. Three types of events are used to test and refine the argument: 1) contentious criminal trials involving interracial crimes, 2) lethal terrorist attacks, and 3) appellate court decisions concerning same‐sex marriage. The results from time‐series analyses indicate that contentious trial verdicts and lethal domestic terrorist attacks precede spikes in racially or religiously motivated hate crimes, whereas less evidence is found for antigay hate crimes after appellate court rulings that grant rights to same‐sex partners. The model put forth in this article complements prior work by explaining in part the timing of hate crime clusters.     

PARENT PSYCHOEDUCATIONAL PROGRAMS AND REDUCING THE NEGATIVE EFFECTS OF INTERPARENTAL CONFLICT FOLLOWING DIVORCE

This article reviews psychoeducational programs to reduce interparental conflict in divorcing families and the negative impact of conflict on children. The authors initially identify factors shown in the basic psychosocial research literature to be related to the effects of interparental conflict on children. They then review the content of programs currently being delivered and evaluate the evidence from well-controlled studies concerning their effectiveness. Finally, the article considers directions for future program development and evaluation.     

CROSS-BORDER MERGER AND ACQUISITION OF CHINESE DOMESTIC LISTED COMPANIES

China’s reform of state-owned enterprises (SOEs) and share trading plays an essential role in cross-border mergers and acquisitions (M&A). Considering most of the public listed companies enjoying abundant domestic resources as an outcome of SOEs reform, as well as the new capital and innovative managerial conceptions that foreign M&A brings in, the SOEs and share-trading reforms are undoubtedly mutually beneficial. As the reforms deepen, rules are established that state-owned shares cannot be traded, given potential loss of state-owned assets, which creates a great plight for foreign M&A through directly purchasing tradable shares within China’s A share market. Therefore, share-trading reform progressed so as to convert non-tradable shares to tradable ones, which indeed provides many opportunities for foreign M&A. This article adopts case study and related empirical analysis methods. After systematic research on the cases of foreign M&A of listed companies in China that were transacted between 1995 and November 2012, and analyzing each respectively under the framework of the existing sixteen models in China, those models can be further classified into three categories concerning the unique share structure as well as the legal environment in China.     

THE EFFECT OF DROPPING OUT OF HIGH SCHOOL ON SUBSEQUENT CRIMINAL BEHAVIOR*

Sociological theories of delinquency offer rather divergent predictions concerning the effect of dropping out of high school on subsequent delinquent and criminal behavior. For example, strain theory suggests that dropping out decreases such behavior, especially for lower class youth, while social control theory suggests that dropping out should increase the chances of criminal activity. Moreover, empirical studies provide support for each of these views with the most influential study (Elliott and Voss, 1974) presenting evidence consistent with a strain perspective. The present investigation identifies methodological shortcomings in previous studies and reexamines the link between dropout status and subsequent criminal activity. Results indicate that dropping out of high school is positively associated with later crime, an outcome that is consistent with a control perspective.     

论涉外案件处置的制约因素及解决路径

涉外案件处置中存在较多的制约因素,表现为法律法规尚不完备,现行法律法规关于涉外案件实体性和程序性权利设置不合理,涉外案件办案机制不健全。宜深化执法理念,构建完善的涉外案件处置法律体系,完善涉外案件警务合作机制;提高办案人员素质,增强办理涉外刑事案件的能力。