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781.
This study applied the theory of communicative competence in analyzing the juror's decision-making structure. The primary thrusts of this study were 1) to ascertain whether or not presuppositions or value laden data affect a juror's decision-making process and 2) to uncover common sense ground during a court trial.
Findings indicated that an imbalance existed between interpretations of both hard and soft data. This study questions the distorted system of communication and suggests methods of improving quality through reaching mutual consensus. The theory applied in this study was grounded in a culture of rational discourse. Finally, it was found that the manner in which the prosecution and defense construct their lines of questioning influences the juror's decision-making process. 相似文献
782.
Product counterfeiting has received increased attention due to its economic and public health impact. Media framing of product counterfeiting shapes how the public and policymakers understand the problem. While there is a large body of literature examining crime and the media generally, empirical studies have yet to focus on the media construction of product counterfeiting. This study presents the results of a content analysis using a random sample of newspaper articles referencing product counterfeiting in the New York Times and the Wall Street Journal from 2000 to 2009. Articles were coded for common patterns in sources of information. While the results indicate the presence of a wide variety of themes, product types, and industries, government and business sources are overrepresented among the sources cited, leading to some level of consistency in the presentation of the impact of and appropriate responses to product counterfeiting. Implications for understanding how the public and policymakers understand product counterfeiting are discussed. 相似文献
783.
M.A.D.S.J.S. Niriella 《国际比较与应用刑事审判杂志》2013,37(3):233-247
Within the framework of retributive justice, crime is understood as an offence against the State and is defined as a violation of law. It represents the punitive approach of reaction to crime, where the offenders are considered as an unwanted group who should be punished. However, with the development of criminology, offenders are identified as the persons needing rehabilitation and reintegration into the society as law abiding citizens. This novel thinking has paved the way to the establishment of the concept of restorative justice where crime is understood to be an infringement on man and human relationship. It involves reintegration of both the offender and victim within the community. The restorative justice principle could be found in community service orders, probation, parole, and other noncustodial measures as alternatives to the traditional incarceration, victim offender mediation, sentencing, peacemaking and healing circles, police cautions, and active participation of victims in the criminal justice process, and so on. This article evaluates Sri Lanka's transformation from retributive justice to restorative justice by incorporating the above-mentioned means and methods to the criminal justice system. Further, it examines how these innovations have affected the crime rate in Sri Lanka. 相似文献
784.
Despite increased interest in environmental crime and green criminology, few studies address the use of criminal penalties in response to environmental crimes. A handful of published examples employ data from the United States or the Flanders court system, and little is known about how other nations punish environmental violations. Addressing this issue, the current study examined the use of criminal environmental penalties in Ireland from 2004 to 2014. Few criminal environmental cases (N = 147) and few environmental offenders (N = 154) were represented in these data over time. Consistent with the expectations of green/environmental crime researchers, mean penalties for environmental violations, which in Ireland only include fines and investigative cost recovery penalties, were rather small. Unlike in the US or Flanders, the majority of offenders were corporate offenders as opposed to individuals. Contextual factors related to Ireland’s economy, history and use of criminal sanctions should be used to interpret these factors, and prevent generalising from these data. 相似文献
785.
786.
787.
Lydia A. Nkansah 《Commonwealth Law Bulletin》2013,39(4):597-618
The 1992 Constitution of Ghana grants citizens the right and duty to employ any means to protect the Constitution. It also seeks to protect those who respond to the call to resist usurpers. However, in Ekwam v Pianim (No 2) the Supreme Court of Ghana ruled that a person who failed in his attempt to defend the Constitution against usurpers could not rely on the Constitution he unsuccessfully sought to defend for protection. The issue of the unsuccessful resister is an ‘unanswered question’ of the Constitution. This is a hard case and Dworkin’s adjudicative theory offers insights into resolving it. 相似文献
788.
Christopher A. Mallett Linda M. Quinn Patricia Stoddard-Dare 《Women & Criminal Justice》2013,23(4):309-326
An important priority of the U.S. juvenile justice system is to reduce the number of youthful offenders who are placed into secure detention placement. Though significant research examining these predictors exists, there is limited analysis of gender-specific predictors. Using existing juvenile court and mental health assessment case records of 433 youthful offenders from two Midwestern U.S. counties, this study sought to identify separately for males and females the legal (including number of delinquency adjudications, age at first delinquency adjudication, number of court offenses, and type of offense) and extralegal (including demographic, maltreatment, mental health, and school-related disabilities) factors that impact recidivism to detention placement. Multivariate logistic regression analyses revealed that the predictors of recidivism leading to repeat secure detention placement were indeed different for males and females, although there were some shared predictors. For both genders, the number of court offenses and having a previous suicide attempt were significant predictors. In addition, for females, having a diagnosis of attention-deficit/hyperactivity disorder and a misdemeanor offense were protective against recidivism. For males, three other variables significantly predicted recidivism: age, race, and a conduct disorder diagnosis. 相似文献
789.
Maris A. Vinovskis 《The History of the Family》2013,18(3):399-421
Adolescent births in early America often were viewed as part of broader concerns about premarital sexual activity and out-of-wedlock births in general. In the second half of the 20th century, adolescent pregnancies and teen out-of-wedlock births were seen as special challenges to American society. There is growing unease about the lack of high-quality education received by young mothers. Periodically, the federal government has taken an active interest in trying to reduce unintended adolescent pregnancies as well as to provide more educational opportunities for everyone. Many of those initiatives have had only limited impact so far. 相似文献
790.
Mark E. Olver Gabrielle Klepfisz Keira C. Stockdale Drew A. Kingston Terry P. Nicholaichuk Stephen C. P. Wong 《Journal of Sexual Aggression》2013,19(2):147-160
ABSTRACTThe present study was a psychometric examination of Violence Risk Scale-Sexual Offender version (VRS-SO; Wong, S., Olver, M. E., Nicholaichuk, T. P., & Gordon, A. (2003). The violence risk scale: Sexual offender version (VRS-SO). Saskatoon: Regional Psychiatric Centre and University of Saskatchewan) static item scores in a Canadian multisite sample of 668 treated adult male sexual offenders. Exploratory factor analysis (EFA) of 13 nonredundant Static-99R and VRS-SO static items generated three factors labelled Youthful Aggression, Sexual Criminality, and General Criminality. The factor and total scores converged with Static-99R and VRS-SO dynamic factor scores. Scores on the VRS-SO static items, EFA-derived factors, and total score each significantly predicted 5- and 10-year sexual, violent, and general recidivism through ROC analyses. Cox regression survival analyses showed all three factors uniquely predicted sexual recidivism to varying degrees in the overall sample; however, only Youthful Aggression and General Criminality uniquely significantly predicted violent and general recidivism in the overall sample and among sexual offender subgroups. Implications for theory, clinical practice, and instrument refinement are discussed. 相似文献