刑事证明责任分配的利益基础

利益是诉讼各方承担证明责任的最基本动机。不同的诉讼主体在诉讼中的利益取向不同,导致证明责任分配的差异。由于诉讼利益的多样性和冲突,在刑事诉讼中承担证明责任的主要是控诉机关。从诉讼利益层次性的角度来看,控辩双方基于裁判上的利益具有承担证明责任的必要,而法院因为不具有裁判上的利益,因此不能使其承担证明责任。在刑事证明责任的分配中,必须尊重利益的要求。利益的确认也是一个程序的过程。作为证明责任基础的利益必须通过主张和抗辩,由实体法规范和程序法规范确认为案件的争议,才能成为证明的对象,成为法院裁判的范围。     

Supreme Court Ruling Creates More Standing Room in the Already Heated Global Greenhouse Gas Movement

This article reviews the recent April 2, 2007 Supreme Court decision in the Massachusetts v. EPA, a highly important case regarding greenhouse gases. The case centered on the Court's review of EPA's denial of a petition to regulate greenhouse gas emissions from new motor vehicles. The Court required EPA to reconsider its denial. The Court found that. 1) the petitioners have standing to challenge EPA's denial of their petition; 2) the Court has the authority to review the denial of the petition; and 3) the Clean Air Act authorizes EPA to regulate greenhouse gas emissions from new motor vehicles. This article looks specifically at the Court's analysis of standing and jurisdiction by Justice Stevens, who wrote the Court's majority opinion, and two dissenting opinions by Justices Roberts and Scalia. Most interesting is how the closely divided Justices (5 to 4 decision) viewed, very differently, the issues regarding standing, the evidence that emissions from new motor vehicles are causing global warming and harm to Massachusetts, and the agency's judgment in denying the petition. Lastly, the article speculates on the impact of the decision and the current activities taking place at the state and regulated community level involving future regulation, litigation, and opportunities by various companies and coalitions to reduce greenhouse gas emissions. The article then presents five broad areas where companies that emit greenhouse gases should need to maintain or increase awareness to better position themselves in the global greenhouse gas movement.     

What do judges say on the protection of intelligence secrets?

This article discusses the role of the discourse of law in legitimizing the protection of intelligence secrets. It draws on examples from the United Kingdom and the United States to illustrate rhetorical regularities with respect to the need to protect intelligence officers, agents, sources and methods, the effectiveness of intelligence agencies, international intelligence relationships and the effects of a mosaic of disclosed information. It concludes that judges produce specialized knowledge on state secrecy that plays a part in shaping the understanding of state secrecy in society.     

Cost‐Effectiveness of Early Childhood Interventions to Enhance Preschool: Evidence from a Randomized Experiment in Head Start Centers Enrolling Historically Underserved Populations

We evaluate the cost‐effectiveness of two early childhood interventions that use instructional coaching and parent coaching as levers for improvement. The study design allows us to compare the individual effects of each intervention as well as their combined effect on student outcomes. We find that teachers receiving instructional coaching improve their use of evidence‐based instructional practices, while families receiving parent coaching show increases in numerous responsive parenting behaviors associated with positive child outcomes. Both interventions demonstrate positive impacts on students, but only parent coaching shows statistically significant effects across a range of student outcomes. Instructional coaching alone is substantially less costly and may therefore be the most cost‐effective of the three treatment conditions; however, small sample sizes limit our ability to reach definitive conclusions. Policy simulations suggest that implementing these interventions could raise the overall cost‐effectiveness of Head Start by at least 16 percent.     

Socialization and generational political trajectories: an age,period and cohort analysis of political participation in Britain

The role of political socialization in explaining disengagement from specific modes of activism beyond voting remains largely unexplored, limited to date by available data and methods. While most previous studies have tended to propose explanations for disengagement linked to specific repertoires of political action, we propose a unified theory based on the different socialization experiences of subsequent generations. We test this theory using a new dataset of collated waves of the British Social Attitudes Survey and by applying age–period–cohort models for repeated cross-sectional data and generalized additive models to identify generational effects. We show that generational effects underlie the participatory decline across repertoires. Consistent with our expectations, the results reveal that the generation of “Thatcher’s Children” are much less likely to engage in a range of repertoires of political action than “Wilson/Callaghan’s Children”, who came of age in the more politicized 1960s and 1970s. Significantly, and in line with our theoretical expectations, the “Blair’s Babies” generation is the least politically engaged of all. We reflect on these findings and highlight the concerning implications of falling levels of activism for advanced democracies.     

School Leaders’ Experiences on Dealing with Students Exposed to Domestic Violence

School leaders’ experiences and perceptions of students’ domestic violence experiences and trauma-informed school interventions have been overlooked. This semi-structured qualitative study aimed to investigate three areas regarding school leaders’ perceptions regarding domestic violence-exposed students: 1) the experiences of school leaders in dealing with these students; 2) the barriers and strengths associated with managing these students; and 3) school leaders’ recommendations for overcoming any barriers related to this issue in schools. Interviews conducted with 15 school leaders were analysed using thematic analysis. School leaders were found to be instrumental in influencing school culture and support systems surrounding students’ exposure to domestic violence. However, school leaders provided mixed reports regarding the adequacy of resources for domestic violence-exposed students. Recommendations suggested by school leaders included more domestic violence specific training for school staff and training delivery methods that were more sensitive for staff who have personal experiences with domestic violence. School leaders expressed great concerns for teachers, particularly less experienced teachers, regarding their knowledge and skills to assist students who disclose family violence.

     

Problematic police performance and the personality assessment inventory

A relative newcomer to personality assessment in the area of law enforcement is the Personality Assessment Inventory, or PAI. Earlier MMPI research in the area of police selection has focused upon antisocial behavior, control of aggression, and validity indices, particularly the L scale. In this study T scores for 800 male and female police officer candidates on the PAI scales Negative Impression (NIM), Positive Impression (PIM), Antisocial-Antisocial Behaviors (ANTA), Antisocial-Egocentricity (ANTE), and Antisocial-Stimulus Seeking (ANTS) were used as predictors of the criterion variables Insubordination, Excessive Citizen Complaints, and Neglect of Duty. Highly significant coefficients were obtained for ANTE as a predictor of Insubordination and Excessive Citizen Complaints. For Neglect of Duty, two significant coefficients were obtained, one for ANTS and another for NIM. Discussion centered on the fact that egocentricity is a predictor of Insubordination and Excessive Citizen Complaints, and Neglect of Duty is related to stimulus seeking. Authors' Note: William U. Weiss, Ph.D., is a professor in the Department of Psychology, The University of Evansville, 1800 Lincoln Avenue, Evansville, IN 47722. Sarah Zehner is an undergraduate psychology major at The University of Evansville. Robert Davis, Ph.D., is executive vice-president and director of science, research, and development for Matrix, Inc., and Cary Rostow, Ph.D., is president of Matrix, Inc., Baton Rouge, LA. Emily DeCoster-Martin was an undergraduate psychology major at The University of Evansville at the time this paper was written.     

Compulsive traits and police officer performance

As a general rule, pathologies tend to impair job performance. In a study involving performance criteria and the Personality Assessment Inventory in a sample of Louisiana police officers (N=800), OCD characteristics correlated significantly in a negative direction with several performance criteria, such as involvement in an on-duty or off-duty at fault moving violation, number of on-duty or off-duty at fault moving violations, any citizen complaints regarding unprofessional conduct, number of unprofessional conduct, and accusation in any way of racially offensive conduct, behavior, verbalization, or complaints. It has been found that the traits of obsessive-compulsive disorder, in moderation, may actually improve performance in police officers. This agrees with the Yerkes-Dodson law, which states that peak performance occurs when a person experiences mild to moderate levels of stress. Authors' Note: Emily DeCoster-Martin was an undergraduate psychology major at The University of Evansville at the time this paper was written. William U. Weiss, Ph.D., is a professor in the Department of Psychology, The University of Evansville, 1800 Lincoln Av., Evansville, IN 47722. Robert D. Davis, Ph.D., is executive vice-president and director of science, research, and development for Matrix, Inc., Baton Rouge, Louisiana. Cary Rostow, Ph.D. is president of Matrix, Inc.