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851.
The effects of stealing thunder in criminal and civil trials 总被引:1,自引:0,他引:1
The effectiveness of a persuasion technique referred to asstealing thunder was assessed in two simulated jury trials. Stealing thunder is defined as revealing negative information about oneself (or, in a legal setting, one's client) before it is revealed or elicited by another person. In Study 1, 257 college students read or heard one of three versions of a criminal assault trial in which a damaging piece of evidence about the defendant was absent (no thunder), brought up by the prosecutor (thunder), or brought up by the defense attorney and repeated by the prosecutor (stolen thunder). In Study 2, 148 college students heard a civil negligence trial in which damaging evidence about the key plaintiff's witness was absent (no thunder), brought up by the defendant's attorney (thunder), or brought up by the witness himself (stolen thunder). In both studies, stealing thunder significantly reduced the impact of the negative information. A path analysis of the processes underlying the effect suggested that verdicts were affected because of enhanced credibility.Often a difficult decision in opening statements is whether, and if so how, to volunteer weaknesses. This involves determining your weaknesses and predicting whether your opponent intends to use them at trial. There is obviously no point in volunteering a weakness that would never be raised at trial. Where, however, that weakness is apparent and known to the opponent, you should volunteer it. If you don't, your opponent will, with twice the impact. (Mauet, 1992, pp. 47–48)We would like to thank Michelle Cox, Gim Koay, Dana Koay, and Ralph Mueller for their helpful input. Thanks also to Irv Horowitz and Steve Karau for their comments on earlier drafts. 相似文献
852.
Kevin T. Jackson 《Law and Philosophy》1993,12(2):157-192
This article asks whether a “law-as-integrity” approach to human rights adjudication provides a theoretical framework within
which to make sense of authoritative regional interpretations of basic human rights for the global community. To focus analysis,
I consider U.S. court interpretations of international human rights as an interpretive context. I argue that, with appropriate
modification so as to include the world community as a “community of principle” for purposes of human rights adjudication,
the law-as-integrity perspective permits disputes surrounding the legality of human rights to revolve around competing interpretive
claims backed up by justifying legal theories, rather than as ideological battles external to a juridical philosophy of rights. 相似文献
853.
Since Hirschi and Stark's (1969) surprising failure to find religious (“hellfire”) effects on delinquency, subsequent research has generally revealed an inverse relationship between religiosity and various forms of deviance, delinquency, and crime. The complexity of the relationship and conditions under which it holds, however, continue to be debated. Although a few researchers have found that religion's influence is noncontingent, most have found support—especially among youths—for effects that vary by denomination, type of offense, and social and/or religious context. More recently the relationship has been reported as spurious when relevant secular controls are included. Our research attempts to resolve these issues by testing the religion-crime relationship in models with a comprehensive crime measure and three separate dimensions of religiosity. We also control for secular constraints, religious networks, and social ecology. We found that, among our religiosity measures, participation in religious activities was a persistent and noncontingent inhibiter of adult crime. 相似文献
854.
855.
J T Melella S Travin K Cullen 《The Bulletin of the American Academy of Psychiatry and the Law》1989,17(3):223-232
Antiandrogen treatment of sexual offenders raises serious legal and ethical considerations in both the medical profession and in the courts. Discussion is offered on the use of antiandrogens in both an involuntary and voluntary context. The potential negative impact of this treatment modality on such constitutional issues as privacy interests, right to procreative freedom, freedom of speech and communication, and freedom from cruel and unusual punishment is explored and notable, germane court cases are presented. The need for clear ethical guidelines for the administration of this treatment is stressed. 相似文献
856.
Regulating the environmental impacts of hydroelectric schemesis of increasing importance in the light of the strong policydrive towards expanding the proportion of energy gained fromrenewable sources. Yet hydroelectric schemes are significantin another way. They provide an unusual example of a technologythat has changed little over the last 100 years and thus offersa real opportunity to judge the impact of a changing regulatoryclimate. In Scotland, three distinct phases can be detected.Earlier controls focussed on the protection of private interests,especially fishing rights, with authorisations secured throughPrivate Acts of Parliament. This was followed by a period wherepromotion of such schemes lay with public bodies; though undergeneral statutory duties, ultimately the balancing of environmentaland other interests lay with such bodies who acted with fewexternal controls. Privatisation of electricity generation in1989, coupled with the growing development of relevant EuropeanCommunity legislation, dramatically shifted the regulatory balances.Environmental Assessment requirements and now the obligationsof the Water Framework Directive have substantially alteredthe concept and scope of environmental concerns in this field. 相似文献
857.
In general research suggests partner violence has a negative impact on women's employment. However, there has been limited examination of partner stalking and consequences for employment. The purpose of this study was to examine partner stalking and employment consequences among two samples of women. One sample was women who had obtained a protective order against a violent partner and had worked in the prior year (n = 482), about one half of these women were stalked by their violent partner and one half were not. The second study examined qualitative information from women recently stalked (n = 62) by a violent partner. Results from both studies suggest that women who were stalked by a violent partner were significantly more susceptible to on-the-job harassment and problems. Also, women reported that stalking by a partner interfered in their work through on-the-job harassment, work disruption, and job performance problems. Implications for policy and research are discussed. 相似文献
858.
This histological study of calvarian bones with the injuries inflicted by a shot from an Osa traumatic non-lethal pistol revealed nephrogenic osteopathy in the preceding period. The pathologically altered bone tissue was damaged by a relatively mild tangential traumatic impact. It is concluded that the possibility of such pathological changes should be taken into consideration in the forensic medical expertise of any trauma including gunshot injuries. 相似文献
859.
860.
Bresson F Ducouret J Peyré J Maréchal C Delille R Colard T Demondion X 《Forensic science international》2012,217(1-3):113-118
We study in this paper the expanding behaviour of hollow point 9 mm Parabellum projectiles (Hornady XTP(?) and Speer Gold Dot(?)). We defined a deformation rate that takes into account both the diameter increase and the length reduction. We plotted the behaviour of this parameter versus impact velocity (we refer to this curve as the expanding law). This expanding law has been plotted for different gelatin weight ratios and different gelatin block lengths. We completed our experiments with a set of high speed movies in order to correlate the deceleration to the state of expansion and size of the temporary cavity. Our results pointed out that full expansion is reached shortly after the projectile fully penetrates the gelatin. This result shows that the key point to accurately simulate human body interaction with a hollow point projectile is to accurately simulate the interface (skin, skull, clothes thoracic walls). Simulating accurately organs is only an issue if a quantitative comparison between penetration depths is required, but not if we only focus on the state of expansion of the projectile. By varying the gelatin parameters, we discovered that the expanding law exhibits a velocity threshold below which no expansion occurs, followed by a rather linear curve. The parameters of that expanding law (velocity threshold and line slope) vary with the gelatin parameters, but our quantitative results demonstrate that these parameters are not extremely critical. Finally, our experiments demonstrate that the knowledge of the expansion law can be a useful tool to investigate a gunshot in a human body with a semi-jacketed projectile, giving an estimation of the impact velocity and thus the shooting distance. 相似文献