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291.
Nolan, Burgin, Farquharson and Marjoribanks focus on media as a significant site through which a politics of belonging is played out, focusing particularly on coverage of Sudanese Australians. To this end, they analyse letters to the editor that concern Sudanese Australians in three Victorian newspapers in 2007, a highly significant year in which this group became the focus of significant levels of (predominantly negative) media coverage. Through textual and thematic analysis, the authors demonstrate how such letters worked to reiterate and extend a politics of ‘integrationism’ that, without entirely departing from Australia's commitment to multiculturalism, has rearticulated the latter along neo-assimilationist lines. In doing so, they show how, in many letters, Sudanese Australians are problematized for their failure or refusal to ‘integrate’ in ways that involve an explicit or implicit process of racialization. In the process, the article also critically considers the important role performed by media in the politics of belonging, particularly through their reiteration and contestation of the politics of race and multiculturalism in Australia. Rather than simply a matter of reproducing a hegemonic politics, it shows how such processes, despite the marked limitations of their framing within a ‘race debate’, also serve to demonstrate significant fault lines in the politics of belonging.  相似文献   
292.
293.
The transfer of materials between victim and perpetrator was first reported by Locard in the nineteenth century. While in recent years DNA testing has been very successful in matching biological material from crime scenes to perpetrators, the following cases demonstrate that other more time‐honored methods remain useful. Two cases of lethal assault are reported where the victims had bitten their assailants resulting in fragments of the perpetrators’ skin being wedged between their teeth which were discovered during post mortem oral examinations. As the fragments were able to be matched to injuries in the perpetrators, identification was established prior to confirmatory DNA testing. In case 1 a criminal conviction for manslaughter resulted, and in case 2 the identity of the assailant was confirmed. Examination of a properly exposed and illuminated oral cavity may provide useful evidence in assault cases. These cases represent an unusual dental variant of Locard's principle.  相似文献   
294.
Karen Yeung 《Law & policy》2016,38(3):186-210
Although the use of design‐based control techniques, broadly understood as the purposeful shaping of the environment and the things and beings within it toward particular ends, have been used throughout human history, until the publication of Thaler and Sunstein's Nudge, they have remained relatively neglected as a focus of regulatory scholarship. Nudge can be understood as a design‐based regulatory technique because it provides the means by which a choice architect intentionally seeks to influence another's behavior through the conscious design of the choice environment. But there are other forms of choice architecture besides nudge. The gunman who offers his victim “your money or your life?” is as much a choice architect as the cafeteria manager who places the fruit at eye level while placing the chocolate cake further back to encourage patrons to make healthier dietary choices and the supermarket owner who slashes grocery prices on their use by date to stimulate sales. This article focuses on three forms of choice architecture—coercion, inducements, and nudge—employed by the state in order to influence the behavior of others. It seeks to evaluate whether each form of choice architecture coheres with the fundamental values and premises upon which liberal democratic states rest and can therefore be properly characterized as libertarian. Chief among these values is the importance of individual liberty and freedom and the concomitant special status accorded to individual choice in liberal democratic communities. In so doing, it highlights different ways in which these techniques may be regarded as an interference with individual freedom, and the conditions under which such interferences might be rendered acceptable or otherwise justified.  相似文献   
295.
The authors are exploring degradation patterns of latent fingermarks over time which can be quantitatively determined in a predictable manner by visual means. Several physical degradation parameters for assessing this hypothesis are evaluated. This article analyzes the parameter “minutiae count” as a function of time. Experiment variables included were secretion type (sebaceous‐rich and eccrine‐rich), substrate (glass and plastic), and exposure to light (dark, shade, and direct light). Depositions were sequentially visualized with Titanium Dioxide powder over a period of 6 months, photographed, and number of minutiae recorded. Results revealed a significant decrease of minutiae for eccrine‐rich marks on glass but insignificant for sebaceous‐rich marks on the same surface. However, significant degradation was observed for both types of secretions on plastic. The authors conclude that the distinctive prevalence of minutiae changes over time indicates with a high degree of certainty the hypothesis is valid and deserves additional exploration.  相似文献   
296.
ABSTRACT

In 1988, Jock Collins boldly suggested that Australia’s earlier migrant arrivals, the subject of prejudice themselves, often become the perpetrators of prejudice. Indeed, as we collect oral histories from post-war migrants, we are regularly confronted with angry statements such as “asylum seekers are just let in and given everything”. What lies at the heart of this phenomenon? Clearly, prejudice and stereotyping exists in all societies but seems to be particularly evident in societies where an ongoing flow of migrants continues to change and alter the ethnic and racial mix. This article reflects upon research conducted in the Hostel Stories project, where we frequently were confronted with stereotyped, prejudicial, and even racist comments about other migrants and refugees during interviews with migrants. These statements made us ask whether Collins was correct in his observations. Drawing on the literature from various disciplines, we consider various influences on migrant attitudes towards other migrants. We propose that it is critical to continue to progress beyond the conventional topics explored in migration studies and ask difficult questions in order to contribute to a growing global discussion on ethnicity and intergroup relations, especially in relation to prejudice and racism.  相似文献   
297.
ABSTRACT

Many universities and colleges now require all “responsible employees,” including faculty, to report known or suspected sexual misconduct to designated Title IX administrators. The intention of these mandatory reporting policies is to ensure institutional accountability and compliance with Title IX’s prohibition against sexual and gender-based discrimination. Yet, critics argue that such policies are overreaching, paternalistic and, ironically, discriminatory. Drawing from prior research on sexual victimization and original exploratory data on gender-based college harassment, this article provides a critical perspective that delineates both the intended goals and unintended consequences of Title IX’s mandatory reporting policies, specifically focusing on three overlapping issues: ambiguous definitions, reporting risks, and faculty’s role in disclosure. We conclude by proposing alternative strategies for achieving Title IX’s objectives.  相似文献   
298.
Public opinion polls, Supreme Court decisions, and changes in federal and state law suggest that the United States is witnessing a support for lesbian, gay, bisexual, and transgender (LGBT) rights today that few would have predicted five years ago. This article offers a critical assessment of that growth as it is manifest in the context of marriage equality. It shows that efforts to advance same-sex marriage rights, while offering an important challenge to oppositional arguments, actually rely on norms quite similar to those of marriage equality opponents. Both advocates and opponents envision and enact the kind of citizenship appropriate to national health and identity in surprisingly similar ways. Both reinforce a set of norms, laws, and practices that make the right to marriage almost synonymous with family and responsible parenting. Such a consolidation of repronormativity may have troubling consequences for efforts to advance LGBT rights at home and abroad.  相似文献   
299.
Governments and law enforcement agencies around the world seek to identify and confiscate the ‘proceeds of crime’ on the assertion that doing so will deter offending and symbolise to citizens and communities that ‘crime does not pay’. In the UK such assertions have underpinned the enactment of legislation, the investment in law enforcement agents and the development of wide ranging new technologies to facilitate the identification of assets and their recovery. This paper critically considers two key concepts which fundamentally drive the post-conviction confiscation regime in the UK. First, ‘criminal benefit’ which is the amount that a defendant is adjudged to have made from ‘criminal conduct’. Second, the ‘available amount’ which is the amount that the state hopes to recover from a defendant via the court ordered ‘confiscation order’. In so doing, this paper explores the assumptions at the heart of the 2002 Proceeds of Crime Act and their application in practice, concentrating on the nature of the powers accorded to financial investigators and how these powers have been interpreted and applied. It is argued that far from representing the ‘profit’ generated from crime these values are constructs founded in the relationship between legislation, the discretional practice of police officers and financial investigators, organisational restrictions and constraints and informal negotiation and compromise between the defence and prosecution. This has implications for both conceptualising the nature of the post-conviction confiscation regime as well as for shaping what the state might expect to recover from defendants.  相似文献   
300.
In criminal justice programs, a major teaching objective is to expose students to the wide range of experiences and career paths available in criminal justice. Technological advances increase instructional strategies so that students may gain more realistic educational experience and correct erroneous perceptions about the criminal justice system. This paper describes one such strategy for online criminal justice students, a virtual prison tour, founded on the principles of social learning, experiential learning, and e-learning. In an upperclass course in juvenile delinquency, 43 students viewed a video of incarcerated juvenile offenders recounting their experiences of institutionalization, sentences, challenges, programming, and fears upon release. Student responses to seven quantitative questions and one qualitative question revealed that the video greatly impacted their attitudes, understanding, and perceptions of the juvenile justice system and provided pedagogical benefits. This strategy can be used to help criminal justice educators enhance student learning so that students experience a major aspect of the juvenile justice system.  相似文献   
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