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61.
Michael King 《Law and human behavior》1978,2(3):183-221
One possible solution to the problem of subjectivity in the interpretation of social phenomena is the application of models derived from formal grounded theory, since such models make explicit the writer's perspective and the assumptions he or she brings to the social situation. This article uses the Status Passage Theory of Glaser and Strauss (1971) to analyze systematically the way in which English Magistrates' Courts deal with defendants. It identifies various features in the courtroom and precourtroom processes and in the attitudes of the courtroom professionals that appear consistent with the view that the social degradation of offenders is an implicit, yet important, objective of these courts. Finally, comparisons are made between the lower criminal courts in England and the United States and tentative explanations offered as to why differences exist between social degradation aspects of the two systems.This article is an abridged and revised section of the author's LL.M. thesis. Many of the revisions are the result of helpful comments made by Tony Bottoms, Peter Moodie, and Barbara Harrel-Bond on the original thesis. 相似文献
62.
Natalie Flath Karin Tobin Kelly King Alexandra Lee Carl Latkin 《Journal of Ethnicity in Criminal Justice》2019,17(2):186-202
Encountering the criminal justice system at the first point of entry---an arrest---is associated with heightened HIV and Hepatitis risk behavior among people who inject drugs (PWIDS). Intervening structurally through the criminal justice system impacts public health; therefore, determining arrest patterns is an important tool for risk reduction. Among a sample of 740 PWIDs, and their social network members recruited from predominantly African-American neighborhoods in Baltimore City, a third were recently arrested in the previous six months, and of those, the arrests were disproportionately African-American persons and characterized as nonviolent, i.e., drug possession/attempt to purchase (38%) and loitering (29%). Poisson regression models were built adjusted for age, sex, race, education level, homelessness, and monthly income after exploring bivariable characteristics of arrests using chi-squared tests. Active drug use was associated with a recent arrest (adjusted prevalence ratio: aPR 2.38 95% CI 1.6, 3.6), in addition to participants who recently reported attending a syringe exchange program (aPR 1.45 95% CI 1.1, 2.0). Our findings are suggestive of recent media coverage and burgeoning research revealing the prioritization of policing resources toward both communities of color and neighborhoods of intensified drug trafficking. Further research is warranted to contextualize the operationalization of criminal justice resources and the impact on community health. 相似文献
63.
Beth McMurchie Roberto S.P. King Paul F. Kelly George E. Torrens 《Science & justice》2019,59(2):138-144
Forensic practitioners are recommended to dark adapt their eyes prior to conducting evidential searches in the dark. The dark adaptation process remains poorly standardised across the discipline, with little quantified regarding the benefits of such preparative steps. Herein, we report the findings of a study that recruited 50 participants to assess the effectiveness of the Crime-lite Eye?, a darkness adaptation device developed to assist forensic practitioners both in the laboratory and in field. Participants were tasked with searching for the fluorescent signatures left by reaction of 1,8-diazafluoren-9-one (DFO) with amino acids, in a manner akin to the fluorogenic fingerprint treatment of porous evidence. Using an Epson Stylus Photo R265 inkjet printer, ink cartridges were filled with alanine solutions of various concentrations, allowing different motifs to be printed onto copy paper and subsequently developed using DFO. Participants searched for this ‘evidence’ both with and without dark adapted vision. On average, participants were able to locate and correctly recognise 16% more evidence once dark adapted using the Crime-lite Eye?.The increase in evidence located by participants once dark adapted suggests that crime scene officers should be dark adapting in order to visualise as much as possible. The time taken to dark adapt, 10?min on average during this study, is not excessively long, and should not significantly slow the investigation. 相似文献
64.
Matt King 《Criminal Law and Philosophy》2017,11(4):725-732
One way in which fact finders are supposed to determine the reasonableness of a defendant is via a counterfactual test that personifies the reasonable person. We are to imagine the reasonable person being in the defendant’s circumstances. Then we are to determine whether the reasonable person would have done as the defendant did. This paper argues that, despite its prevalence, the counterfactual test is a hopeless guide to determining defendant reasonability. In brief, the test is of the wrong sort to give fact finders the requisite guidance. What we are after is not a counterfactual judgment (what the reasonable person would do) but instead is a question of possibility (what could the reasonable person do). However, since the only thing impossible of the reasonable person is being unreasonable, personifying the reasonable person cannot offer any useful guidance on this question. 相似文献
65.
Mobile customers are increasingly being tracked and profiled by behavioural advertisers to enhance delivery of personalized advertising. This type of profiling relies on automated processes that mine databases containing personally-identifying or anonymous consumer data, and it raises a host of significant concerns about privacy and data protection. This second article in a two part series on “Profiling the Mobile Customer” explores how to best protect consumers’ privacy and personal data through available mechanisms that include industry self-regulation, privacy-enhancing technologies and legislative reform.1 It discusses how well privacy and personal data concerns related to consumer profiling are addressed by two leading industry self-regulatory codes from the UK and the U.S. that aim to establish fair information practices for behavioural advertising by their member companies. It also discusses the current limitations of using technology to protect consumers from privacy abuses related to profiling. Concluding that industry self-regulation and available privacy-enhancing technologies will not be adequate to close important privacy gaps related to consumer profiling without legislative reform, it offers suggestions for EU and U.S. regulators about how to do this.2 相似文献
66.
By exploring the meaning construction of Chinese citizenship stipulated in Chinese legislation and its interaction with social
identities and human nature in the Chinese society, the present study investigates the nature and evolution of the conception
of Chinese citizens through three selected cases from Chinese legislations, which illuminate that Chinese citizens are essentially
persons with independent personalities defined by the rights and obligations stipulated in legislation. This conception is
further strengthened by the entitlement to private properties and equality before law. This conception of Chinese citizenship
is concrete and meaningful in the sense that it is underpinned with reference to social identities as person, people and personality
in Chinese legislations. The reference of the conception to human being constitutes the essence of Chinese legislation. The
meaning construction of Chinese citizenship is indeed a dynamic process engineered in the social and cultural process. The
findings on the evolution of the construction of Chinese citizenship in Chinese legislation suggest that the formation of
legal identity through legislation varies greatly in different countries. Nevertheless, the realization of the conception
of citizenship will necessarily be backed up by social identities as person, people and personality, which will be further
strengthened and expanded by the legitimating of private properties and equality before law. Citizenship is achieved by social
participants through mediation engineered within the social and cultural process. 相似文献
67.
King Chung Lo 《Journal of Indian Philosophy》2018,46(3):553-576
In PV 3.440ab and 473cd–474ab, Dharmakīrti raises the argument of infinite regress (anavasthiti) twice. The argument originates from the same argument stated by Dignāga in his Pramā?asamuccaya 1.12ab1, in which the fault of infinite regress is called ani??hā. In Pramā?asamuccayav?tti 1.12b2, Dignāga presents another type of argument of infinite regress (anavasthā) driven by memory, which is elucidated by Dharmakīrtian commentators. The arguments were criticized by Kumārila Bha??a and Bha??a Jayanta and even more intensively so by two modern scholars, Jonardon Ganeri and Birgit Kellner. In this paper, I first examine the source of the arguments—Pramā?asamuccayav?tti 1.12 and its translation, based on which I provide my interpretation of the two models of arguments of infinite regress. I then offer my response, according to Dharmakīrti and his commentators, to Ganeri’s and Kellner’s critiques. By doing so, I attempt to identify the essence of these arguments is and find out to what extent one can defend the infinite regress argument in Dignāga’s and Dharmakīrti’s theory. 相似文献
68.
King Kui Sin 《International Journal for the Semiotics of Law》2013,26(4):927-951
Conceptual confusions permeate all forms of intellectual pursuit. Many have contended that multilingual legislation, i.e., one law enacted in different languages, is unviable when carried out by means of translation. But not many have realized that the same would also be true of drafting if their contention could be justified. My involvement in the translation of Hong Kong laws into Chinese in the run-up to 1997 exposed me to a whole world of myths and misconceptions about legal translation arising from our failure to command a clear view of the workings of language. Over the years I have endeavoured to come to grips with the problems inherent in legal translation, showing that the arguments against the possibility of exact translation, against the possibility of achieving equivalence between different language texts of the law, and against the possibility of bridging the conceptual gap between legal terminologies in different languages, are all ill-grounded and misguided. There are indeed enormous difficulties in drafting and translating multilingual law, but they are essentially of a technical nature, by no means theoretically irresolvable. The viability of multilingual legislation is simply grounded in our innate communicative intention to use signs and symbols to convey meaning. As language users, we are capable of making language work for us for any particular purpose. Just as we can translate the rules of chess from one language to another whereby players speaking different languages can play the same game called “chess”, we don’t see why we can’t do the same with multilingual legislation. The door has always been open! 相似文献
69.
Dwight Y. King 《亚洲研究》2013,45(1):4-14
AbstractDuring the New Order we have often witnessed or read in the newspapers or at least heard from various circles about KOPKAMTIB actions such as banning or ordering coverage of a story in the mass media through only a telephone call; carrying out arrests, detention, and interrogation against citizens without regard to the proper procedures delineated in law; inhumane treatment during questioning; carrying out executions performed without regard to legal procedures, more commonly known as “mysterious shootings”; undertaking “political screening” of citizens to determine their loyalty to the government as in the case of prospective nominees in the General Elections; depriving citizens of their civil rights without trial, such as forbidding signatories to the Petition of 50 to leave the country and depriving them of the ability to earn a living by instructing all agencies and state banks not to honor their requests; the arrest and detention of religious teachers and so forth. All of this has been done with the excuse that the individuals involved are suspected of engaging in extremist or other subversive acts. 相似文献
70.
Michael King 《West European politics》2013,36(1):94-123
In May 1997 the incoming Labour government gave the Bank of England operational independence in the setting of interest rates. This reform is puzzling as it was introduced by a party whose roots lie with the trade union movement, and resisted by the Conservatives whose political support comes largely from business, the financial sector and homeowners who stand to benefit most from price stability. Economic ideas are central to explaining the outcome. The Labour Chancellor was convinced by an epistemic community of monetary experts that central bank independence would achieve New Labour's electoral goals. These political incentives were absent for the Conservatives, who preferred to set interest rates strategically to increase their popularity with voters. 相似文献