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This study locates the victim impact statements of raped women in the sociolegal context of significant sentencing law reforms introduced in Canada to address an ascendant victim’s rights movement. We examine 38 reported sentencing decisions in sexual assault cases in Ontario, Canada (1999–2010). Our objectives are to discern (a) whether the archetype of the ideal victim continues to influence juridical discourse after conviction and (b) what narratives of harm intersect with sentencing objectives and aggravating factors. Our findings suggest women express profound fear of re-victimization and traumatic effects of sexual violence regardless of the relational context of their rape experience. Most surprisingly, our data show sentencing judges view the sexual assault of an intoxicated rape victim as an aggravating factor. Future consideration for victim impact statements in sexual assault cases is discussed. 相似文献
513.
Virtue and the Law: The Good Moral Character Requirement in Occupational Licensing,Bar Regulation,and Immigration Proceedings
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Deborah L. Rhode 《Law & social inquiry》2018,43(3):1027-1058
Character plays a crucial role in US law. This article explores flaws in how moral character requirements determine who can work in licensed occupations, who can practice law, and who can immigrate to the United States or become a citizen. Section I summarizes psychological research on character, which raises questions about a central legal premise that individuals have a settled disposition capable of accurately predicting their behavior independent of situational influences. Section II examines the role of moral character as an employment credential. Almost a third of the workforce is covered by licensing laws that typically require proof of good character and often unjustly penalize the seventy million Americans with criminal records. Section III examines the idiosyncratic and inconsistent application of moral character requirements for lawyers. Section IV focuses on similar flaws in immigration contexts. Section V identifies reform strategies to improve the fairness of character‐related decisions in the law. 相似文献
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Perceptions of children's credibility were studied in two experiments wherein participants watched a videotape of a 4- to 5- or a 6- to 7-year old child report details of a play session that had been experienced once (single-event) or was the last in a series of four similar play sessions (repeat-event). The child's report was classified as high or low accurate. In Experiments 1 and 2, reports of repeat-event children were judged to be less believable on several measures. In Experiment 1, younger children were viewed as less credible than older children. In both experiments, neither undergraduates nor community members correctly discriminated between high- and low-accurate reports. Content analysis in Study 3 revealed the relationship between age and event frequency and children's credibility ratings was mediated by the internal consistency of children's reports. Recent research on children's reports of instances of repeated events has identified several challenges facing children who report repeated abuse. These data bring to light another potential difficulty for these children. 相似文献
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A prospective study of the effects of partner abuse among HIV-infected and noninfected African American women (N = 137) revealed that there were both concurrent and longitudinal effects of abuse on several indices of psychosocial adjustment. Specifically, higher levels of both verbal and physical abuse were found among the HIV-infected group. In addition, the effects of abuse on suicidal ideation were significantly stronger among the HIV-infected group (n = 53) than among their demographically similar noninfected counterparts (n = 84), resulting in significant HIV status by partner abuse interactions. The findings of this study advance our understanding of intimate relationships with regard to partner abuse by examining a group of women at high-risk for abuse, yet understudied in both the HIV/AIDS and relationship literatures. 相似文献
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The purpose of this study is to understand how a social change approach to dating violence education affects the ways in which
students think about physical abuse in dating relationships. The program was designed to simulate a typical two-hour workshop
format, using small group discussion and short lecture. a total of 331 participants, recruited from introductory psychology
classes, attended one of 22 small group sessions; 14 received the Program condition (n=219), 8 the Comparison condition (n=119).
Both quantitative and qualitative data were collected. The results revealed significant differences between the Program and
Comparison groups which remained stable over a three-week period, as well as specific gender differences. Women were more
likely to view violence in relationships from a structural perspective, were more knowledgeable about dating violence and
responding to survivors, and were less likely to blame the victim. In addition, discriminant analyses showed that attitudes
towards survivors and response towards survivors emerged as the most important content separating Program and Comparison group
males, while attitudes toward survivors, a structural explanation for dating violence, and general knowledge about dating
violence were the best discriminators for females. Finally, implications for educating students about physical abuse in dating
relationships were examined, including the need to address power and control issues. 相似文献
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