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131.
132.
Richard Rogers Kimberly S. Harrison Jill E. Rogstad Kathryn A. LaFortune Lisa L. Hazelwood 《Law and human behavior》2010,34(1):66-78
Traditionally, high levels of suggestibility have been widely assumed to be linked with diminished Miranda abilities, especially
in relationship to the voluntariness of waivers. The current investigation examined suggestibility on the Gudjonsson Suggestibility
Scales in a multisite study of pretrial defendants. One important finding was the inapplicability of British norms to American
jurisdictions. Moreover, suggestibility appeared unrelated to Miranda comprehension, reasoning, and detainees’ perceptions
of police coercion. In testing rival hypotheses, defendants with high compliance had significantly lower Miranda comprehension
and ability to reason about exercising Miranda rights than their counterparts with low compliance. Implications of these findings
to forensic practice are examined. 相似文献
133.
From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing two non-debates: the apparent conflict created when speakers use “consent” to mean two different things and the question of whether rape law ought to be formulated in terms of consent or force. From here, we turn to the conceptual apparatuses that surround the normative questions of freedom from force, knowledge, and capacity. Here, we suggest how better understanding these concepts can frame the underlying discussions as to what sorts of coercion undermine consent, what kinds of deception invalidate consent, and when the victim is too incapacitated to consent. Finally, we turn to different formulations of consent, demonstrating that one conception better captures the harm of rape but that other formulations may better protect victims. We show how clarifying these questions allows discussants to see why different formulations are valuable and to debate the best all-things-considered formulation. Although this article is framed as a question of how (to teach students) to think like lawyers about rape, its ambition is to set forth a framework that is useful to reformers as well. 相似文献
134.
Bess KD Perkins DD McCown DL 《Journal of prevention & intervention in the community》2011,39(1):35-49
Transformative organizational change requires organizational learning capacity, which we define in terms of (1) internal and (2) external organizational systems alignment, and promoting a culture of learning, including (3) an emphasis on exploration and information, (4) open communication, (5) staff empowerment, and (6) support for professional development. We shortened and adapted Watkins and Marsick's Dimensions of Learning Organizations Questionnaire into a new 16-item Organizational Learning Capacity Scale (OLCS) geared more toward nonprofit organizations. The OLCS and its subscales measuring each of the above 6 dimensions are unusually reliable for their brevity. ANOVAs for the OLCS and subscales clearly and consistently confirmed extensive participant observations and other qualitative data from four nonprofit human service organizations and one local human service funding organization. 相似文献
135.
Kimberly Kessler Ferzan 《Criminal Law and Philosophy》2018,12(3):455-469
Many criminal law scholars have criticized the responsible corporate officer doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the responsible corporate officer doctrine is just duty supplying, and does not allow for strict liability when the underlying statute requires mens rea. After analyzing Dotterweich, Park, and their progeny, I probe the depths of this duty-supplying doctrine, including to whom the duty is owed, whether the duty is grounded in statute, cause of peril, or contract, and what the content of the duty is. Although the responsible corporate officer doctrine unveils questions we may have about duty generally, it is no more problematic than other duty-supplying doctrines in the criminal law. 相似文献
136.
Kylie N. Key Jeffrey S. Neuschatz Brian H. Bornstein Stacy A. Wetmore Katie M. Luecht Kimberly S. Dellapaolera 《心理学、犯罪与法律》2018,24(1):1-13
We surveyed students, community members, and defense attorneys regarding beliefs about secondary confession evidence (i.e. when a third party tells authorities that a person has confessed to him or her) from jailhouse informants and other sources. Results indicated that laypeople perceive secondary confessions as less credible than other types of evidence (e.g. forensics, DNA, eyewitness testimony), and they are knowledgeable about factors that may influence the veracity of secondary confessions, such as incentives or previous testimony. However, they underestimated or were uncertain about how persuasive secondary confessions would be to themselves or other jurors. Compared to laypeople, defense attorneys were more sensitive about issues affecting the reliability of secondary confessions. 相似文献
137.
The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test-retest reliability, content validity, construct validity, and criterion-related validity. 相似文献
138.
Conservatives were regularly criticized by liberals and othersfor their approach to federalism throughout the twentieth century.This trend began during the Progressive era, when the justicesof the "Lochner Court" were vilified for using national judicialpower to strike down local regulations. Several decades later,conservative opposition to New Deal programs was seen as insensitiveand elitist. Arguments for constitutional limitations on executivepower in the 1930s were attributed to the greed of businessmenand corporations. During the 1950s and 1960s, the conservativedefense of states' rights was explained by other unpleasantmotivations. Opposition to national civil rights laws was, formany, analogous to fondness for Jim Crow and other forms ofracial subjugation. Since the 1980s, conservative members ofthe Rehnquist Court have been denounced from various quartersfor their federalist perspectives. According to the Court'scritics, specious arguments about state sovereignty have beenused to rescind national rights and benefits. 相似文献
139.
Examination of previous studies of racial discrimination in sentencing indicates more widespread evidence of discrimination than allowed in three separate reviews by M. J. Hindelang [(1969).J. Crim. Law Criminal. Police Sci. 60: 306–313], J. Hagan [(1975). InThe Aldine Crime and Justice Annual, Aldine, Chicago], and G. Kleck [(1981).Am. Social. Rev. 46: 783-805]. It is not the case, as these reviewers suggest, that racial discrimination is a thing of the past, shown almost exclusively for capital offences from the American South, and often supported only because relevant legal variables were not controlled. In addition, analysis of recent (1977) data from a non-Southern state (Pennsylvania) covering noncapital offenses and including recommended controls shows that evidence of racial disparity in sentencing is revealed more clearly when separate analyses are conducted within levels of urbanization. The labeling perspective and conflict theory guide our interpretation. 相似文献
140.