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91.
We consider the problem of drawing inferences within a legal framework when a person is a suspect for two separate offences. Although we are primarily concerned with scientific evidence the issue inevitably arises as to how that evidence interacts with other, non-scientific evidence. We show that, in this particular context, the evidence can be conveniently classified into three categories that concern, respectively: the first crime only; the second crime only; and evidence that relates to similarities between the two crimes. Two case examples are considered and we consider DNA, fibres and eyewitness evidence. These are viewed from the perspective of a prosecutor who has to decide whether or not to charge a suspect with one or both crimes. Graphical sensivity analyses are presented which have features that are not intuitively obvious. 相似文献
92.
93.
Interjurisdictional Competition and Regulatory Advantage 总被引:1,自引:0,他引:1
As formal trade and investment barriers fall, government regulations what once were domestic policy matters becomeissues of international concern. International commerce createsthe potential for competition among regulatory jurisdictions.This article explains why there is variation in these regulatorytrends. Three general trajectories are: (a) convergenceamong countries toward less stringent regulations in some cases,(b) convergence toward more stringent regulations in others,while in still other cases (c) differences persist among countries.I offer three (related) propositions which explain the differentregulatory trajectories: #1) Regulations on production processestend toward laxity; whereas product market-access regulationstend toward stringency. #2) Industrial structure affects thestrength of the process/market-access distinction. Powerfulfirms in concentrated markets facilitate collective action andregulatory capture. Dominant producers push for process andmarket-access regulations which reflect their interests, givingthem a competitive regulatory advantage in world markets. #3)The asset specificity of investments affects regulatory convergence.Low asset specificity leads to a competition-in-laxity; highmultinational asset specificity leads to convergence among jurisdictions(as firms seek to lower their transaction costs); and domesticasset specificity leads to differences among jurisdictions.Detailed case studies (on offshore banking, capital requirements,and infant formula) suggest the propositions are necessary tounderstand general outcomes, although not sufficient to fullyexplain individual cases. 相似文献
94.
95.
James D. Calder 《Crime, Law and Social Change》1992,17(1):1-23
The story of Al Capone's rise and fall as a Chicago gangster has always depended upon selective dissemination of federal agency records, particularly records of the Internal Revenue Service. Capone history, therefore, is state-sanctioned history. The IRS view of the Capone organization, and of the tax evasion conviction, cannot be easily challenged without access to the corpus of the IRS records. Unfortunately, these records remain sealed from public access, despite the fact that selective releases were made prior to 1977 to journalists, popular authors, film producers and historians. Continued secrecy over the Capone records perpetuates a state-sanctioned criminology of organized crime. Calder v. Internal Revenue Service
1 attempted without success to unlock the corpus of IRS-Capone records to investigate the state-sanctioned view. 相似文献
96.
Mark Cooney 《Crime, Law and Social Change》2006,46(1-2):51-63
The pure sociology perspective invented by Donald Black, a general theoretical framework for the prediction and explanation
of social reality, has considerable potential for the scientific understanding of criminal behavior. Several scholars have
profitably drawn upon Black’s proposal that a significant amount of crime is a form of disputing or social control, especially
to explain violent conflict. However, pure sociology has not yet been extended and applied to criminal behavior more broadly.
A pure sociology of predatory behavior, for instance, would address the location and direction in social space of predators,
prey, and third parties. In expanding criminological thought, however, pure sociology also challenges it. Pure sociology explanations
are not restricted by time or place, a feature not easily realized with a concept so closely tied to a relatively recent social
invention: the state. Additionally, the supra-psychological, -anthropocentric, and -teleological nature of pure sociology
generates explanations of behavior that are at odds with many of the assumptions of traditional criminology. Ultimately, then,
pure sociology yields a new paradigm for the explanation of behavior the state defines as criminal.
Presented at the annual meeting of the American Society of Criminology. Toronto, November 17, 2005. 相似文献
97.
In this paper we examine the legal aspects of corporate computer usage policies including their creation, management, and their relevance to corporate computer forensic investigations. Misuse of corporate computing facilities cannot only lead to a reduction in employee productivity and network bandwidth, but can also increase the risk of infection of such facilities by computer viruses and other malicious code. Moreover, it may lead to the risk of liability and legal action. 相似文献
98.
Since the 1990s there has been a long-standing concern in government towards public sector accountability, management, efficiency and service delivery. A number of studies have attempted to analyse the multitude of individual changes and their manifestations through analyses based on a variety of institutional, policy and governmental distinctions. This paper attempts to specify the changes with particular reference to planning, and to consider the evolution of the public service ethic in planning towards more openness, scrutiny, transparency and efficiency with particular reference to the changing ethos of the professional employee. We first explore the main impacts upon local government, the public service ethic and professional planning as a consequence of the Modernization agenda and freedoms and flexibilities initiative. We then look at how such changes have impacted upon the ethos and values in public service and planning. We draw on some evidence of Ombudsman cases to highlight issues of professional values in planning practice over the past decade before finally drawing these strands together in some conclusions. Our principal findings indicate that the much-trumpeted decline of services and standards may not have been as apparent as is sometimes portrayed and that internal professional attitudes and values towards the external changes may not have significantly altered over the same period. 相似文献
99.
A new literary programme has been started in the West AfricanService of the B.B.C., and this article is a reprint of oneof the talks. The Ibo speaker was formerly in the Customs, andqualified as a barrister last November: he is also the authorof numerous poems in English, and of a novel, The Prince ofUtete. The other two are schoolmasters working as Assistantsat the School of Oriental and African Studies. For technicalreasons, the orthography is not quite complete. 相似文献
100.
This study examined crime and violence against abortion clinics, testing elements of several theories that may help explain the variation of such attacks. The study theoretically and methodologically improved upon the prior research on abortion-related crime and violence. Theoretically, it investigated previously unexamined hypotheses from the social movement literature that may be relevant to this type of behavior. Methodologically, it used more careful measures for several variables, employed unique and heretofore ignored data bases, and examined hundreds of criminal acts across several types of crime (e.g., violence, vandalism, and harassment) directed at abortion clinics. Employing robust logistic regression and correcting for clustering of clinics by state, the study investigated the cross-sectional effects of state-level cultural and structural characteristics on anti-abortion crimes against clinics and staff. Results indicated that some crimes against clinics are more likely in areas where female empowerment is weaker, female victimization is more tolerated, and the anti-abortion movement has failed to reduce abortions. 相似文献