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81.
Craig S. Lerner 《Criminal Law and Philosophy》2018,12(3):493-512
This article analyzes the origins of the “responsible corporate officer” doctrine: the trial of Joseph Dotterweich. That doctrine holds that an officer may be personally liable for the criminal act of a subordinate if the officer was, in some indefinite way, able to prevent the violation. Applying this doctrine, the prosecution of Dotterweich entailed strict liability for a strict liability offense. The underlying offenses—the interstate sale of one misbranded and adulterated drug and one misbranded drug—were said to be strict liability offenses. And then, with respect to Dotterweich as the corporation’s general manager, the government argued that he was strictly liable because he stood in “responsible relation” to the company’s acts. The government never tried to prove that the company, Buffalo Pharmacal, was negligent, nor did it try to prove that Dotterweich was negligent in his supervision of the employees of Buffalo Pharmacal. The prosecutor and judge were candid about this theory throughout the trial, although the judge conceded that it seemed bizarre and unfair. The defense lawyer repeatedly sought to inject what became known throughout the trial as the “question of good faith,” but was circumvented at almost every turn. What would thus seem to be the crux of any criminal trial—the personal fault of the defendant—was carefully shorn from the jury’s consideration. The government’s theory was so at odds with intuitive notions of liability and blame that, as one probes into the case, and looks at the language used in the government’s appellate briefs, imputations of moral fault inevitably crept in. Yet the government was not entitled to make such accusations, as it had pruned moral considerations from the trial. The article argues that the responsible corporate officer doctrine can never enjoy a secure place in our legal system. First, the doctrine is at a minimum in tension with, and often in direct opposition to, basic principles of the criminal law; and second, the doctrine fails, when followed to its logical conclusions, to accord with basic notions of fair play. The article concludes that the responsible corporate officer doctrine is either unnecessary, in cases in which the evidence establishes personal fault, or unjust, in cases in which it creates liability in the absence of personal fault through the unspecified notion of “responsibility.” The Dotterweich case illustrates what is contemplated by the latter possibility, and why it is problematic in any judicial system that purports, in the words of the Model Penal Code, “to safeguard conduct that is without fault from condemnation as criminal.” 相似文献
82.
Abstract We offer a practical measure of local government effectiveness in the provision of public services relating service expenditures to aggregate property value. Building on the work of Brueckner (1979, 1982, 1983) and Henderson (1990, 1995) we present an aggregate property value maximization model where levels of local public services are capitalized into aggregate property values. Using data for Wisconsin municipalities we demonstrate that service expenditure levels, and simultaneously corresponding taxation levels, are suboptimal and should be increased. The aggregate property value maximization test suggests that local public services in Wisconsin are consistently under-provided. By monitoring local property values officials can objectively measure if public services are being provided in an optimal manner. 相似文献
83.
H. Craig Hayes 《Journal of Arts Management, Law & Society》2013,43(2):121-167
The economic importance of cultural activities for economic development is frequently emphasized. This is the case for the Louvre, often considered as the world's leading museum: more than eight and half million visitors, exceptional collections, and unrivaled location at the heart of Paris. Considering the “average option,” it can be said that its impact is very favorable: a gross value of €938 million, a net tax gain of €39 million, and between 12,738 and 18,090 jobs created. But another important lesson may be drawn: the Louvre does not fully benefit yet from its intellectual property rights, due to a management that has been very shy in the past, but that can be very promising for the future. 相似文献
84.
The Community Attitudes Toward Sex Offenders (CATSO) scale is an 18-item self-report questionnaire designed to measure respondents’ attitudes toward sex offenders. Its original factor structure has been questioned by a number of previous studies, and so this paper sought to reimagine the scale as an outcome measure, as opposed to a scale of attitudes. A face validity analysis produced a provisional three-factor structure underlying the CATSO: ‘punitiveness,’ ‘stereotype endorsement,’ and ‘risk perception.’ A sample of 400 British members of the public completed a modified version of the CATSO, the Attitudes Toward Sex Offenders scale, the General Punitiveness Scale, and the Rational-Experiential Inventory. A three-factor structure of a 22-item modified CATSO was supported using half of the sample, with factors being labeled ‘sentencing and management,’ ‘stereotype endorsement,’ and ‘risk perception.’ Confirmatory factor analysis on data from the other half of the sample endorsed the three-factor structure; however, two items were removed in order to improve ratings of model fit. This new 20-item ‘Perceptions of Sex Offenders scale’ has practical utility beyond the measurement of attitudes, and suggestions for its future use are provided. 相似文献
85.
Leam A. Craig Kevin D. Browne Ian Stringer Anthony Beech 《Journal of Sexual Aggression》2013,19(1):65-84
The need for accurate risk assessment of sexual offence recidivism has never been greater. It is widely accepted that actuarial risk instruments outperform clinical judgement and the literature has recently witnessed a surge of empirically derived actuarial measures. However, in spite of the increased levels of predictive accuracy, actuarial measures have been criticized as being unrepresentative, lacking specificity, and being heavily reliant on static risk factors without taking into account dynamic risk, psychological emotional states and treatment effects. Rather than offering a critique of the actuarial movement, this paper offers a summary of static and dynamic risk factors associated with sexual offence recidivism as identified from the literature. Implications of incorporating dynamic factors into risk assessments and actuarial measures are discussed. 相似文献
86.
Craig Snyder 《The Pacific Review》2013,26(4):553-576
European and Asian‐Pacific policymakers need to shift from policies based on competition to those based on co‐operation. If European and Asian‐Pacific states are successful in implementing and strengthening new security institutions on the basis of co‐operative behaviour designed to realize absolute gains, then conflict in these two regions may decrease and regional hegemonic competition may not materialize. It is argued that three key factors will determine the viability of any regional security framework. These are reciprocity in security relations, great power support for the security arrangements and reassurance. In this study's comparative evaluation of Europe and the Asia Pacific, the pursuit of absolute gains through a security regime appears to be a better alternative to relative gains strategies which serve to intensify security dilemmas. In Europe, rules and norms for state behaviour are being extended throughout the continent through the gradual extension of the West European security institutions to Central and East European states. The NACC and the PfP offer to combine the stability of the North Atlantic Alliance with the principles of co‐operative security at a pan‐European level. In the Asia Pacific, the ASEAN Regional Forum represents a positive initial step towards greater security co‐operation among the ASEAN states and their neighbours, and the United States and China need to give the ARF their full support. The difference between the ARF and NACC and the PfP is that the former does not have a history of successful military collaboration behind it, nor a developed security agenda or structure similar to that now supporting the latter two. 相似文献
87.
Suzanne Vassallo Ben Edwards Jennifer Renda Craig A. Olsson 《Journal of school violence》2014,13(1):100-124
This study identified factors that protected (a) adolescent bullies from becoming antisocial young adults, and (b) adolescent victims of bullying from subsequent depression. Data were drawn from the Australian Temperament Project, a population birth cohort study that has followed participants since 1983. Systematic examination of potential risk modifiers (protective factors) was conducted within a regression framework. Low negative reactivity was found to protect bullies from later antisocial outcomes and higher parental monitoring moderated (ameliorated) the risk relation between bullying and antisocial behavior. High social skills and understanding schoolwork protected victims from later depression, but high attachment to peers intensified the risk relation between victimization and later depression. Preventive interventions targeting interpersonal skills and parent and peer relationships may be effective in reducing adverse outcomes of bullying. 相似文献
88.
89.
Craig Boardman 《管理》2014,27(3):519-526
This commentary responds to Fukuyama's (2013) rejection of “final outputs” as measures of government quality. It argues that public administration research should address policy outcomes in “national mission areas.” But public administration scholars should not simply become policy analysts. Rather, they should become policy analysts for policy areas that can benefit from expertise in organizations and management. 相似文献
90.
Game wardens are law enforcement agents responsible for enforcing fish and wildlife laws. Based on data from extensive interviews with game wardens the authors describe dangerous situations faced by wardens in their work. Comparisons with the dangers experienced by other types of police officers are made. Temporal, spatial, and situational factors shape the uniqueness of the law enforcement experiences of the game warden. Specific factors found which increase dangerousness were: isolation of area, being outnumbered, being alone, mistakes like not wearing hunter’s orange, and not being aware an offender is under the influence. In addition, most if not all individuals encountered are armed and skilled in the use of deadly weapons. 相似文献