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91.
James L. Perry 《Public administration review》2017,77(6):811-812
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The question of the insanity defense centers around the moralist-determinist debate. Insanity defense laws are premised on the assumption that individuals choose between right and wrong, and are responsible for that choice. Mental disease, however, can overpower, and thus, not of their own volition, insane persons become out-of-control. Hence, they cannot be held responsible for their behavior or subject to criminal punishment. It is the purpose of the insanity defense, of course, to distinguish between offenders in need of punitive disposition and ones where a medical-custodial disposition is best. The research presented here indicates that defendants who successfully raise the plea of NGRI do not beat the rap. In other words, they do not spend fewer days in confinement via an NGRI plea than had they been convicted and sentenced. Thus, for the reasons of justice, equity, and fairness the insanity defense should be kept intact. The wave of public fear and reaction to the decision in a few highly publicized cases is insufficient grounds for eliminating the plea. Not only is the use of the insanity defense infrequent, but defendants who select it give up important safeguards. Namely, they are unable to plea bargain, are stigmatized as "mad and bad," have no access to probation or parole, and are confined for an indeterminate amount of time. That some would call this leniency we find surprising. And, of course, we should not forget the findings reported here. NGRI acquittees spend more time being locked up. Defendants who successfully raise the NGRI plea are confined until professionals say they are no longer dangerous.(ABSTRACT TRUNCATED AT 250 WORDS) 相似文献
94.
Talitha Nabbali Mark Perry University of Western Ontario 《Computer Law & Security Report》2003,19(6):106-467
Carnivore is a surveillance technology, a software program housed in a computer unit, which is installed by properly authorized FBI agents on a particular Internet Service Provider’s (ISP) network. The Carnivore software system is used together with a tap on the ISP’s network to “intercept, filter, seize and decipher digital communications on the Internet”. The system is described as a “specialized network analyzer” that works by “sniffing” a network and copying and storing a warranted subset of its traffic. In the FBI’s own words “Carnivore chews on all data on the network, but it only actually eats the information authorized by a court order”. This article, in two parts, will provide an overview of the FBI’s Carnivore electronic surveillance system. The Carnivore software’s evolution, its ‘prey’ and the system’s relationship with Internet Service Providers will be the focus of the study. (Although the FBI’s Carnivore surveillance system is now officially called DCS1000, as the surveillance system is more commonly referred to as “Carnivore”, that term will be used throughout). Also addressed in the article are misconceptions about Carnivore, publicly available sniffer programs, Carnivore’s functionality, methods to counter Carnivore as well as the software’s limitations. In addition, the pertinent American law allowing for wiretapping and electronic surveillance as well as programs and policies outside the United States regarding electronic surveillance are surveyed, and an overview of ECHELON, the global interception and relay system, is provided. The aim is to provide the paper’s readers with a better understanding of these surveillance systems: naturally, only through an in-depth knowledge can the benefits and dangers they present for the public (government), private (individual communications users) and technical industry (ISPs) be understood. 相似文献
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Ronen Perry 《Law & social inquiry》2014,39(4):791-823
In recent decades, alternative dispute resolution processes have gained worldwide recognition, a growing role in legal practice, and increasing academic attention. Despite their professed advantages, they have also faced fierce opposition. In a seminal article, Owen Fiss argued that ADR exacerbates imbalances of power between the parties. But while the theoretical argument has been widely developed, empirical evidence has remained scant. This article empirically examines the impact of representation patterns and dispute resolution methods on case outcomes. Arguably, professional representation of weaker parties may reduce the effects of inequality, whereas less formal, transparent, and adjudicatory processes may exacerbate them. The article focuses on small claims settlement conferences, using the Israeli labor courts system as a test case. The main findings are that representation increases the probability of a successful settlement conference, and that the more formal the process, the greater the ratio between the sum obtained by the plaintiff and the sum claimed. 相似文献
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Simon Perry Robert Apel Graeme R. Newman Ronald V. Clarke 《Journal of Quantitative Criminology》2017,33(4):727-751
Objectives
Informed by situational crime prevention (SCP) this study evaluates the effectiveness of the “West Bank Barrier” that the Israeli government began to construct in 2002 in order to prevent suicide bombing attacks.Methods
Drawing on crime wave models of past SCP research, the study uses a time series of terrorist attacks and fatalities and their location in respect to the Barrier, which was constructed in different sections over different periods of time, between 1999 and 2011.Results
The Barrier together with associated security activities was effective in preventing suicide bombings and other attacks and fatalities with little if any apparent displacement. Changes in terrorist behavior likely resulted from the construction of the Barrier, not from other external factors or events.Conclusions
In some locations, terrorists adapted to changed circumstances by committing more opportunistic attacks that require less planning. Fatalities and attacks were also reduced on the Palestinian side of the Barrier, producing an expected “diffusion of benefits” though the amount of reduction was considerably more than in past SCP studies. The defensive roles of the Barrier and offensive opportunities it presents, are identified as possible explanations. The study highlights the importance of SCP in crime and counter-terrorism policy.99.
The Ontario government's proposed new legislation is an improvement over previous attempts, but there are still problems. 相似文献
100.
Mordechai Rotenberg Perry London Leslie M. Cooper 《Journal of youth and adolescence》1976,5(1):89-100
Based on London's theoretical model, results of a developmental study of Israeli children from four subcultures are reported. The impact of child-rearing practices on achievement motivation, hypnotic susceptibility, and brain wave patterns of subjects from Eastern European, Kurdish, Yemenite, and Moroccan backgrounds was tested and compared according to age level. Subjects were 15 children from each subcultural group. Five in each subcultural group were between 7 and 9 years old, five between 9 and 11, and five between 11 and 13. Instruments included a combined EEG-hypnotic scale, six measures of achievement and nAch, and the Winterbottom questionnaire. Subjects of European background, presumably with the highest nAch, had the lowest mean score in hypnotic susceptibility, while children of Moroccan descent, presumably the lowest achievement group, had the highest mean susceptibility score among the four subgroups as expected. It was also found, consistent with previous developmental studies of American children, that hypnotic susceptibility increases significantly with age regardless of subcultural grouping. While the four subgroups differed significantly in their school performance as expected, they did not differ in their need achievement scores. Findings in regard to EEG data are presently not reported because of technical difficulties encountered during recording. Implications for future research pertaining to methodological and theoretical issues involved in testing the model cross-culturally are discussed.This research was supported by the research committee of the Paul Baerwald School of Social Work of the Hebrew University of Jerusalem, Israel, and by National Institute of Mental Health Grant No. 53-4873-6748.Received B.A. from the Hebrew University of Jerusalem, M.S.W. from New York University, and doctorate and subsequent postdoctoral training from the University of California, Berkeley. From a theoretical-historical perspective, is interested in the impact of the Protestant ethic on Western conceptions of deviance. His research focuses on various psychophysiological aspects associated with deviant conduct.Received B.A. from Yeshiva University, M.A. and Ph.D. from Columbia University Teachers College. His wide research interests can be summed up under the heading of voluntary behavior, ranging over behavior modification, psychophysiological correlates of behavior, and the ethical implications of psychological treatment.Received B.S. and M.S. from the Brigham Young University, and Ph.D. from the University of Illinois. Among his research interests are hypnosis and suggestibility, learning theory, statistics and psychometrics, and hypnotherapy. 相似文献