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51.
Joshua Dubler 《Law & social inquiry》2011,36(4):1062-1088
Sarah Gordon's The Spirit of the Law: Religious Voices and the Constitution in Modern America (2010) details the advent, beginning in the 1940s, of a “new constitutional world” pertaining to the religion clauses. By focusing on case studies, Gordon's narrative history shows the emergence, maturation, and waning of a rich historical moment in which religiously motivated popular constitutionalists had a profound impact on how the Constitution was technically interpreted by the courts. Shifting perspectives from history to ethnography, the essay synthesizes Gordon's stories to yield an anatomy of “religious” popular constitutionalism as it appears in Gordon's book and conjectures at what it might look like if we left court records behind. 相似文献
52.
北京市人民检察院第一分院课题组 《中国刑事法杂志》2011,(3)
单纯提出量刑建议并不等同于量刑监督,检察机关需要关注诉讼过程中一切可能影响公正量刑的因素和环节。量刑监督不是审判之上的监督,需要的是检察机关的深度参与。检察机关在全面收集量刑证据和保障被害方参与量刑过程上负有义务;同时,应当将对法院认定的辩护方量刑证据的真实性和量刑裁判的说理作为量刑监督的重点,只有将二者结合,不断提高自身的调查能力、加强知情权的建设,才能实现促进量刑公正、约束法官量刑自由裁量权的监督目的。 相似文献
53.
Joshua C. Cochran Michael J. Lynch Elisa L. Toman Ryan T. Shields 《Journal of Quantitative Criminology》2018,34(1):37-66
Objectives
This study examines sentencing patterns for environmental crimes and tests the assumption that “green” offenders receive more lenient treatment from criminal courts than non-environmental offenders.Methods
We present two sets of analyses. First, we present an empirical portrait of environmental felony offenses convicted in a single state (Florida) over a fifteen-year period and the resulting criminal sanctions. Second, we use a precision matching analysis to assess whether environmental offenders receive more lenient treatment when compared to non-environmental offenders with the same characteristics and offense severity scores.Results
Findings indicate that an overall small percentage of felony convictions in state courts stem from environmental crimes. We also find that punishments for environmental crimes are more lenient than sanctions assigned to comparable non-environmental offenses when the environmental crime is ecological, but that punishments are sometimes harsher when the environmental crime involves animals.Conclusions
The findings provide general support for the argument that courts and other formal institutions of social control treat environmental crimes more leniently than non-environmental crimes. This paper also raises important questions about citizen and state actors’ perceptions of crimes against the environment and, more generally, about the ways in which theories of court sentencing behaviors apply to environmental crime sanctioning decisions.54.
Joshua C. Cochran Elisa L. Toman Daniel P. Mears William D. Bales 《Justice Quarterly》2018,35(3):381-411
Drawing on prior sentencing and prison scholarship, this study examines the use of solitary confinement as a form of punishment. Specifically, it assesses whether, given a prison infraction, minority inmates—and young, male, minority inmates in particular—are more likely to be placed in solitary and to be placed in it for longer durations. Multilevel regression analyses of state prison data suggest little support for the hypothesis that minority males, or young minority, males, are sanctioned more harshly than other inmates. The analyses identify, however, that males are more likely than females to be placed in solitary as a form of disciplinary punishment and that younger females are more likely to be placed in it than older females. The findings highlight that age and sex may interact to influence punishment decisions and raise questions about the precise roles of race and ethnicity in affecting punishment decisions. Implications of the findings for theory, research, and policy are discussed. 相似文献
55.
Joshua L. Bush Ann L. Coker Candace J. Brancato Emily R. Clear Eileen A. Recktenwald 《Journal of school violence》2018,17(2):152-163
Costs of providing the Green Dot bystander-based intervention, shown to be effective in the reduction of sexual violence among Kentucky high school students, were estimated based on data from a large cluster-randomized clinical trial. Rape Crisis Center Educators were trained to provide Green Dot curriculum to students. Implementing Green Dot in schools (N = 13) randomized to the intervention, over five years, cost $1.6 M and included start-up ($58 K) and ongoing implementation ($1.55 M). Costs for adding a school ($25,510) were calculated based on the final year, where no start-up costs were incurred. Knowing the $25,510 cost estimate for adding Green Dot may be particularly useful for high school administrators or school boards when they were making economic decisions based on strong evidence of program effectiveness to reduce violence. 相似文献
56.
Troy A. Webber K. Chase Bailey W. Alexander Alverson Edan A. Critchfield Kathleen M. Bain Johanna M. Messerly Justin J. F. O’Rourke Joshua W. Kirton Chrystal Fullen Janice C. Marceaux Jason R. Soble 《Psychological injury and law》2018,11(4):325-335
Assessment of performance validity is an essential part of a neuropsychological evaluation, with the inclusion of two or more performance validity tests (PVTs) becoming routine practice. Considering the time to administer multiple tests, there has been some support for use of the Test of Memory Malingering (TOMM) Trial 1 (T1) as an independent, “one and done” PVT. Notably, cutoffs for TOMM T1 need further validation, with an emphasis on minimizing false-positive classifications among those with bona fide cognitive impairment. In a clinically referred sample of 127 veterans, this study examined the role of cognitive impairment in TOMM performance and the utility of a TOMM T1 as an independent PVT. Examinees were administered the TOMM and three additional PVTs as part of a comprehensive neuropsychological battery. Sixty-eight percent of examinees were classified valid (35% of valid examinees were cognitively impaired). TOMM T1?≤?40 had excellent observed sensitivity (83%) and specificity (93%) overall, with minimal false-positive classification. TOMM T1 was also significantly correlated and concordant with other memory-based PVTs. Given score ranges and failure rates for TOMM T1?≤?40 among those with neurological/neurocognitive conditions, scores in the 37–40 range may merit administration of additional TOMM trials to maximize accuracy in identifying valid-cognitively impaired versus noncredible performance. Otherwise, an abbreviated TOMM administration (i.e., only T1) using a cutoff of ≤?40—in conjunction with one or more additional PVTs—may be sufficient for detecting noncredible/invalid test performance in the absence of known or suspected neurological/neurocognitive disorders. 相似文献
57.
Issues pertaining to crime and criminal justice have long been part of presidential campaigns. Voters want to know how candidates plan to solve the problem of crime and keep them safe. In turn, candidates respond to voters’ concerns and describe their crime control ideas in hopes of increasing voter support. In doing so, they often rely on symbolic statements that provide little detail but make people “feel good”. This study analyzes the criminal justice rhetoric used by the three major presidential candidates in the 2016 election cycle to determine what issues they discussed and how often. The analysis also examines if candidates relied on symbolic statements, and how the issues were debated between the candidates. The findings show that the issues discussed were somewhat different than in previous years, and that the candidates relied on symbolic statements about crime – a change from the previous election cycle. Additionally, the candidates used crime control as a way to reach out to voters in their own political party, suggesting an interesting shift in how issues of criminal justice are being approached within elections. 相似文献
58.
Joshua A. Tucker 《后苏联事务》2013,29(4):309-331
An American political scientist employs regional electoral, economic, and demographic data across several transition countries—Hungary, Slovakia, Poland, Czech Republic, and Russia—to examine the effects of economic conditions on the electoral fortunes of thirty-two incumbent political parties in ten parliamentary elections. “Primary Incumbents” and “Other Incumbents” are distinguished in order to analyze how the “Degree of Incumbency” affects the relationship between economic conditions and election results for these two different types of incumbents in post-communist countries. The article points to new questions and methods for examining multiparty elections as well as for the relationship between economic conditions and voting outcomes. 相似文献
59.
Joshua B. Stein 《Contemporary Justice Review》2013,16(3):317-328
Sir Thomas More was a politician, statesman, visionary humanist, and a friend of Erasmus, Colet, and Henry VIII. His most famous literary work is Utopia, a word coined based on the Greek for ‘no place’. Its influence has been enormous, inspiring social thinkers as diverse as Rousseau and B. F. Skinner. Using the principles More seemed to advocate, this article addresses the question: ‘What would he have thought of the Constitution of the United States had he lived to read it and experience life under its aegis?’ Much of what the Americans have done he would appreciate, much he would deplore. He would appreciate the federal nature of government, the elective nature of the legislature, and the freedom granted to citizens. He would have deplored slavery based on race and applauded the 13th Amendment. He would have looked askance at the role of the president and the necessity for a military. In sum, if we can believe that what he wrote in Utopia reflects his attitudes correctly, Thomas More’s would be a mixed verdict on American republicanism. 相似文献
60.
ABSTRACTPrevious studies have compared perceptions and experiences of intrusive activity and stalking between countries and the present work compares subcultures within a single country. Singaporean women (89 Chinese, 69 Indian and 68 Malay) with similar age profiles completed a modified version of the ‘Stalking: International perceptions and prevalence’ questionnaire (SIPPQ). This contained measures of individual perceptions and experiences of a range of 47 intrusive behaviors, and a measure of stalking. Between the three ethnic groups, few differences were found in terms of how unacceptable the 47 intrusive acts were judged to be. The small number of differences identified related to courtship behaviors. Women across ethnicities reported largely the same experiences of intrusive behaviors, differing on just two of the 47 behaviors. This suggests that overarching national attitudes towards women are better determinants of the types of intrusive behaviors they are likely to experience, as opposed to their subculture. Finally, no differences were found in stalking rates between the three ethnic groups, but the overall stalking rate within the sample was high at 54.9%. This finding may provide impetus to increase awareness of stalking in Singapore, given that it was only recently criminalized in the sovereign city–state. 相似文献