恢复性司法的实证研究

恢复性司法的各方面优势需要通过广泛的实证研究来真实展现,而各种恢复性司法的具体模式的优缺点也将在实证研究中表露无遗.维拉司法研究所基于其长期从事司法制度改革实证研究的经验,针对通过实证研究所展现出来的各种恢复性司法模式的优缺点创造了一种混合的恢复性司法模式并将之运用到恢复性司法示范项目中,对大量真实案件适用这一混合模式,并运用追踪、信息的评估等实证研究的方法检验这一混合模式的成败.     

Organizing for Resistance: How Group Structure Impacts the Character of Violence

How does the way in which a group organizes change the lethality of the group's attacks? In this article, we argue that groups organized vertically as hierarchies are likely to conduct more lethal attacks. We build our argument around three advantages inherent to centralized structures: functional differentiation, clear command and control structures, and accountability. We argue that each of these characteristics positively impacts an organization's ability to deliver an effective lethal blow. To test our argument, we use a mixed method approach, drawing on empirical evidence and support from a time-series case study. Our large-N analysis examines the trends in more than 19,000 attacks. In this test we develop a novel proxy measure for hierarchy based on a group's bases of operation and non-violent activities. To complement the empirical work, we examine the history of Euskadi Ta Askatasuna (ETA), the Basque separatist group. Over several decades of violent operations, this group's structure has changed dramatically. We analyze how these shifts impacted ETA's ability to maximize the effectiveness and damage of their attacks. In both the case study and large-N analysis, the more hierarchically organized the group, the more easily the group can orchestrate lethal attacks.     

Peacekeeping,Regime Security and ‘African Solutions to African Problems’: exploring motivations for Rwanda's involvement in Darfur

Rwanda is not a traditional provider of troops for peacekeeping missions, yet since 2004 it has been the second largest contributor to both the African Union Mission in Sudan (AMIS) and its successor the hybrid African Union–UN Assistance Mission in Darfur (UNAMID). This paper analyses some of the key motives for Rwanda's contribution to these missions, situating its actions within a wider framework in which African states benefit in specific ways from being seen to contribute to ‘African solutions to African problems’. Highlighting changing narratives on Africa's role in international security, I argue that Rwanda's ruling party has been able use its involvement in peacekeeping to secure its position domestically and to attract or retain the support of key bilateral donors. I briefly explore the implications of these dynamics for Rwanda's political development, suggesting in conclusion that the focus on building military capacity for peacekeeping purposes may contribute to future African, and Rwandan, security problems as much as to potential solutions.     

Analytical Thresholds and Sensitivity: Establishing RFU Thresholds for Forensic DNA Analysis,

Determining appropriate analytical thresholds (ATs) for forensic DNA analysis is critical to maximize allele detection. In this study, six methods to determine ATs for forensic DNA purposes were examined and compared. Four of the methods rely on analysis of the baseline noise of a number of negatives, while two utilize the relationship between relative fluorescence unit signal and DNA input in the polymerase chain reaction (PCR) derived from a dilution series ranging from 1 to 0.06 ng. Results showed that when a substantial mass of DNA (i.e., >1 ng) was amplified, the baseline noise increased, suggesting the application of an AT derived from negatives should only be applied to samples with low levels of DNA. Further, the number and intensity of these noise peaks increased with increasing injection times, indicating that to maximize the ability to detect alleles, ATs should be validated for each post‐PCR procedure employed.     

Difficulties of sex determination from forensic bone degraded DNA: A comparison of three methods

Sex determination is of paramount importance in forensic anthropology. Numerous anthropological methods have been described, including visual assessments and various measurements of bones. Nevertheless, whatever the method used, the percentage of correct classification of a single bone usually varies between 80% and 95%, due to significant intra- and inter-population variations, and sometimes variations coming from secular trends. DNA is increasingly used in a forensic context. But forensic DNA extraction from bone raises several issues, because the samples are very often badly altered and/or in very small quantity. Nuclear DNA is difficult to get from degraded samples, according to low copy number, at least in comparison with mitochondrial DNA. In a forensic context (as in a paeleoanthropological context) DNA sex determination is usually complicated by the weak amount of DNA, the degraded nature of nucleic acids, the presence of enzymatic inhibitors in DNA extracts, the possible faint amplification of Y band and the risk of contamination during either excavation or manipulation of samples.The aim of this work was to compare three methods of DNA sex determination from bones: procedure #1 using a single PCR amplification, procedure #2 using a double PCR amplification, and procedure #3 adding bleaching for decontamination of the bone, instead of simply rubbing the bone. These processes were applied to samples of bones (49 samples coming from 39 individuals) that were in various states of post mortem alteration.The main results are the following. (i) No DNA could be extracted from three skulls (parietal bones, mastoid process), the compact bone of one rib, and the diaphysis of one femur; (ii) there was a contamination in three skulls; and (iii) the Y band did not appear in two male cases, with one of the three procedures (male tibia, procedure #2) and with procedures #2 and #3 (male femur).This study emphasises the main issue while working with altered bones: the impossibility to extract DNA in some cases, and, worth of all, the contamination of the sample or the faint amplification of Y band which leads to a wrong sex answer. Multiple and significant precautions have to be taken to avoid such difficulties.     

Prosecutorial discretion for domestic violence cases: an examination of the effects of offender race,ethnicity, gender,and age

Much of the existing literature on courts and sentencing has focused on judicial decision-making. Prior research on prosecutorial decision-making is more limited, with even less attention paid to the prosecution of domestic violence cases. The research that has been conducted has produced inconsistent results regarding the effects of legal and extralegal variables. The current study focuses on the effects of extralegal suspect characteristics on the decision to dismiss domestic violence cases in a large Midwestern county from June 2009 to December 2009. The findings demonstrate that gender and race have a strong influence on prosecutors’ decisions to dismiss charges in domestic violence cases. Contrary to the focal concerns perspective, however, the results indicate that males and Black and Hispanic offenders are more likely to have their cases dismissed. Implications for future research are discussed.