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851.
Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ. 相似文献
852.
Reliability of a two-dimensional footprint measurement approach 总被引:1,自引:0,他引:1
Although footprint evidence can be taken from the scene of a crime, the science underpinning such measurement in forensic science has not been fully explored.A literature search revealed various measuring approaches, all of which demonstrated either little or no measurement rigour in terms of reliability. The aim of this study was to apply a robust measurement approach for testing the reliability of two-dimensional footprint impressions.Three dynamic and three static footprints were taken from the right foot of thirty female and thirty one male volunteers using the ‘Inkless Shoeprint Kit’. The images were digitised. Lengths, widths and angles were measured using a selection of currently employed methods.An investigation of the reliability of the chosen measuring method suggested high intra-rater agreement: for example, the length measurement suggested an intraclass correlation coefficient (ICC) 0.99, 95% Confidence Interval (CI) ? 0.28 to 0.01, standard error of measurement (SEM) 0.07, Limits of Agreement (LOA) ? 0.91 to 0.65.Inter-rater reliability between three operators was also high: SEM ranged from 0.05 mm to 0.07 mm, ICC 0.99.Our study has established a reliable two-dimensional measuring technique that could be used for footprint comparison in further research. 相似文献
853.
Dan E. Krane Ph.D. ; Simon Ford Ph.D. ; Jason R. Gilder Ph.D. ; Keith Inman M.Crim. ; Allan Jamieson Ph.D. ; Roger Koppl Ph.D. ; Irving L. Kornfield Ph.D. ; D. Michael Risinger J.D. ; Norah Rudin Ph.D. ; Marc Scott Taylor ; William C. Thompson J.D. Ph.D. 《Journal of forensic sciences》2009,54(2):501-501
854.
Mike Wright Evila Piva Simon Mosey Andy Lockett 《The Journal of Technology Transfer》2009,34(6):560-587
In this paper, we employ resource-based and institutional theories to examine the current role of business schools in academic
entrepreneurship. In particular, we seek to identify and understand the challenges to business schools contributing to the
transfer of knowledge to enable academic entrepreneurship. Employing a case-based method, we present evidence from 42 interviews
with technology transfer officers (TTOs), business school deans, business school entrepreneurship faculty and scientists in
eight UK universities. Our empirical analysis is focused on analyzing the challenges arising from the links between business
schools and three other principal stakeholders of academic entrepreneurship (i.e., the university management, TTOs and academics
in science departments). The findings suggest that in addition to concerns about the nature of their human capital, the ability
of business schools to fill knowledge gaps in the development of academic entrepreneurship is constrained by the institutional
structures of universities which influence: the strategies of the university and the business school; links between business
schools, TTOs and scientists; and process issues relating to differences in language and codes, goal differences, incentives
and rewards, expertise differences and the content of interactions. We conclude that if business schools are to play a more
prominent role in academic entrepreneurship there is a need to develop internal university processes and policies that promote
rather than hinder internal knowledge flows between business schools, TTOs and science departments. 相似文献
855.
Current trends intensify the longstanding problem of how the rule of law should be institutionalized in the welfare state. Welfare programs are being redesigned to increase their capacities to adapt to rapidly changing conditions and to tailor their responses to diverse clienteles. These developments challenge the understanding of legal accountability developed in the Warren Court era. This article reports on an emerging model of accountable administration that strives to reconcile programmatic flexibility with rule-of-law values. The model has been developed in the reform of state child protective services systems, but it has potentially broad application to public law. It also has novel implications for such basic rule-of-law issues as the choice between rules and standards, the relation of bureaucratic and judicial control, the proper scope of judicial intervention into dysfunctional public agencies, and the justiciability of "positive" (or social and economic) rights. 相似文献
856.
Dan E. Krane Ph.D. ; Simon Ford Ph.D. ; Jason R. Gilder Ph.D. ; Keith Inman M.Crim. ; Allan Jamieson Ph.D. ; Roger Koppl Ph.D. ; Irving L. Kornfield Ph.D. ; D. Michael Risinger J.D. ; Norah Rudin Ph.D. ; William C. Thompson J.D. Ph.D. ; Marc S. Taylor B.S. 《Journal of forensic sciences》2009,54(6):1500-1501
857.
Philip J.H. Dunn Sarah Hill Simon Cowen Heidi Goenaga-Infante Mike Sargent Ahmet Ceyhan Gören Mine Bilsel Adnan Şimşek Nives Ogrinc Doris Potočnik Paul Armishaw Lu Hai Leonid Konopelko Yan Chubchenko Lesley A. Chesson Gerard van der Peijl Cornelia Blaga Robert Posey Sadia A. Chowdhury 《Science & justice》2019,59(1):9-19
Forensic application of carbon isotope ratio measurements of honey and honey protein to investigate the degree of adulteration with high fructose corn syrup or other C4 plant sugars is well established. These measurements must use methods that exhibit suitable performance criteria, particularly with regard to measurement uncertainty and traceability – low levels of adulteration can only be detected by methods that result in suitably small measurement uncertainties such that differences of 1‰ or less can be reliably detected. Inter-laboratory exercises are invaluable to assess the state-of-the art of measurement capabilities of laboratories necessary to achieve such performance criteria. National and designated metrology institutes from a number of countries recently participated in an inter-laboratory assessment (CCQM-K140) of stable carbon isotope ratio determination of bulk honey. The same sample material was distributed to a number of forensic isotope analysis laboratories that could not participate directly in the metrological comparison. The results from these studies have demonstrated that the majority of participants provided isotope delta values with acceptable performance metrics; that all participants ensured traceability of their results; and that where measurement uncertainties were reported; these were fit-for-purpose. A number of the forensic laboratories only reported precision rather than full estimates of measurement uncertainty and this was the major cause of the few instances of questionable performance metrics. Reporting of standard deviations in place of measurement uncertainties is common practice outside metrology institutes and the implications for interpretations of small differences in isotopic compositions are discussed. The results have also highlighted a number of considerations that are useful for organisers of similar inter-laboratory studies in the future. 相似文献
858.
Simon Geiregat 《Computer Law & Security Report》2018,34(5):1144-1149
The functioning of cryptocurrencies like Bitcoin ultimately depends on participants’ agreements to selectively disclose or conceal information. Various arguments suggest that those agreements amount to a large multilateral contract to which all participants are parties. That multilateral agreement is automatically enforced through smart contract technology. Therefore, cryptocurrency “wallet holders” are simultaneously creditors and debtors of smart contract claims vis-à-vis their cryptocurrency community. 相似文献
859.
Simon Lavis 《International Journal for the Semiotics of Law》2018,31(4):745-770
It has been remarked that the ‘rupture thesis’ prevails within the Anglo-American legal academy in its understanding of the legal system in Nazi Germany. This article explores the existence and origins of this idea—that ‘Nazi law’ represented an aberration from normal legal-historical development with a point of rupture persisting between it and the ‘normal’ or central concept of law—within jurisprudential discourse in order to illustrate the prevalence of a distorted (mis)representation of Nazi law and how this distortion is manifested within the discourse today. An analysis of the treatment of Nazi law in two major 50th anniversary publications about the 1958 Hart–Fuller debate, and a review of representations of the Third Reich within literature from the current discourse, demonstrates that the rupture thesis continues to be reproduced within jurisprudence. An examination of the role of Nazi law in the Hart–Fuller debate itself shows that it can be traced back to the debate, where it was constructed through a combination of conceptual determinism and historical omission. It concludes that the historical Nazi law has great significance for the concept of law, but neither positivism nor natural law has properly theorised the nature of the real Nazi legal system. 相似文献
860.
Michael Daffern Katrina Simpson Hannah Ainslie Simon Chu 《The journal of forensic psychiatry & psychology》2018,29(2):163-188
This study examined the impact of an intensive inpatient violent offender treatment programme, Life Minus Violence-Enhanced (LMV-E), on intermediary treatment targets, risk for violence, and aggressive behaviour during treatment in a sample of male mentally disordered offenders. Using quasi-experimental design, offenders who completed LMV-E and a comparison group showed reduced problems with impulsivity and anger regulation and improvements in social problem solving. Aggregate risk for future violence lessened in both treatment and comparison groups, although by a significantly greater degree for the comparison group. The aggressive behaviour of both groups reduced. Completion of the LMV-E conferred additional improvements in some facets of social problem solving and anger regulation. Neither group showed improvements in empathic responses, coping skills or problematic interpersonal style. Overall, these results suggest anger regulation, impulsivity and social problem solving are most amenable to change, that reductions in certain facets of these dynamic risk factors transpires with nonspecific psychiatric inpatient treatment, but that the LMV-E, a cognitive behavioural violence specific psychological treatment, confers greater change in some facets of social problem solving and anger regulation. 相似文献