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61.
BRIAN STIPAK 《国际比较与应用刑事审判杂志》2013,37(1-2):247-260
This paper examines several alternatives to standard, population-based crime rates. These alternatives include rates standardized according to a variable other than population, and rates calculated by statistically standardizing for a number of variables simultaneously. Augmenting traditional crime rates with alternative types of rates can provide more information about the prevalence of crime, can help avoid the limitations of traditional rates, and can enhance analysts' flexibility in choosing crime rates appropriate to their analytical purpose. 相似文献
62.
A variety of characteristics of the defendant, the case, and the court potentially could affect judicial sentences. Building on a recently published method for scaling the seriousness of the crimes and the severity of sentences, this paper describes procedures for investigating factors affecting sentence severity. An empirical example illustrates the procedures, as well as the problems of interpretation and analysis that arise in statistical studies of sentencing. 相似文献
63.
SCOTT W. DESPOSATO MATTHEW C. KEARNEY BRIAN F. CRISP 《Legislative Studies Quarterly》2011,36(4):531-565
Ideal point estimates based on roll‐call vote results have provided leverage for a variety of theory testing efforts. Recently, scholars have suggested using cosponsorship data as a proxy for roll‐call votes. Conceptually similar to roll‐call votes, cosponsorship data are appealing for a variety of reasons. However, the data‐generating process for cosponsorship is untheorized and little studied. We examine the properties of ideal point estimates from cosponsorship data. We find that the ability to estimate ideal points from cosponsorship data is contingent on the underlying data‐generating process; reliance on such measures requires strong and often unrealistic assumptions. 相似文献
64.
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
65.
Fiscal constraints and shifting political climates in corrections have recently led to a renewed interest in intermediate punishments. Despite their growing prevalence, though, relatively little empirical research has examined the judicial use of alternative sanctions as a sentencing option. By using 3 years of data from the Pennsylvania Commission on Sentencing (PCS), this study investigates little‐researched questions regarding the use of sentencing alternatives among offenders and across contexts. Results indicate that male and minority offenders are the least likely to receive intermediate sanctions, both as a diversionary jail or prison sentence and as a substitute for probation. The probability of receiving an intermediate sanction also varies significantly across judges and court contexts and is related to county‐level funding for these programs, among other factors. Findings are discussed as they relate to contemporary theoretical perspectives on the perceived suitability of intermediate punishments and on the unique role that offender agency plays in the sentencing of these cases. Directions for future research are discussed. 相似文献
66.
This article compares the tactic of trashing genetically modified crops in activist campaigns in Britain and France. In Britain, most crop trashing was carried out covertly, while in France most activists undertook open, public actions. In seeking an explanation for this, the article shows that the analysis of political opportunities, dominant in comparative studies of social movements, can only take us so far. While it helps explain the occurrence of direct action, it is much less useful in explaining the tactical differences between each country. It is argued that a fuller explanation requires an understanding of how action was shaped by different activist traditions. In France, action was staged as a demonstration of serious, responsible, collective Republican citizenship; in the United Kingdom, activists combined a sceptical view of legality developing from anarchist individualism with an explicitly non‐threatening, playful, ethos. The article concludes that a focus on activist traditions can provide an effective bridge between structural and cultural approaches to understanding the determinants of social movement action. 相似文献
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68.
BRIAN BIX 《Ratio juris》1992,5(1):58-66
Abstract. In the debates about legal determinacy, an important but often neglected issue is what is meant in the legal context by saying that a question has a right answer. By way of a critique of A. D. Woozley's discussion of “right answers,” I try to show how this issue is connected with issues of legal truth, legal mistake, and precedent. 相似文献
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