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231.
Brian Z. Tamanaha 《Law & social inquiry》2011,36(1):297-318
The hundredth anniversary of the original publication of Eugen Ehrlich's Fundamental Principles of the Sociology of Law is nearly upon us. The book earned high praise from Oliver Wendell Holmes, Roscoe Pound, and Karl Llewellyn as one of the outstanding works of its time. Ehrlich has been identified as an early legal realist, a pioneering figure in legal sociology, and a leading theorist of legal pluralism. In this retrospective review, I explain the strengths and weaknesses of this classic book. Ehrlich articulated an unsurpassed account of dynamic social‐legal change, an account that remains fresh and timely today. 相似文献
232.
Jeffrey Kaplan Brian L. Cutler Amy-May Leach Stephanie Marion Joseph Eastwood 《心理学、犯罪与法律》2020,26(4):384-401
ABSTRACTWhen confessions are entered into evidence in criminal courts, issues of coercion and voluntariness are important and often contested matters. Occasionally, defense attorneys proffer expert witnesses to testify about the coercive pressures of an interrogation and the risk of a false confession. Such testimony is often ruled inadmissible on the grounds that it does not inform the jury beyond its common knowledge. In our effort to test this judicial assumption about common knowledge, we surveyed jury-eligible laypeople (n?=?67) and social scientists specializing in interrogation and confessions (n?=?54) regarding their opinions about the coerciveness of prohibited interrogation tactics, maximization techniques, minimization techniques, and suspect risk factors and compared their ratings with a set of independent t tests. Laypeople gave lower ratings to the coerciveness of all sets of items representing interrogation techniques, and lower ratings to the vulnerabilities associated with suspect risk factors, as compared to social science experts. The disparities between laypeople’s and experts’ perceptions of coercion in interrogations demonstrate that such issues are not fully within the common knowledge of prospective jurors, and suggest the need to provide jurors with expert witness guidance when tasked with evaluating confession evidence. 相似文献
233.
The objective of this article is to explore how property seized under the federal civil-judicial forfeiture laws for drug
law violations is proceeded against by the government. The methodology is primarily exploratory. A sample of federal civil-judicial
drug forfeiture cases is described and then analyzed in regard to the relative importance of the cases’ characteristics. The
findings raise serious questions about the use of this policy and the government’s intent behind forfeiture. Implications
and suggestions for future research are also presented. 相似文献
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238.
The International Space Welding Experiment (ISWE) was a joint venture between the NASA George C. Marshall Space Flight Center
(MSFC) in Huntsville, Alabama and the E.O. Paton Welding Institute (PWI) in Kiev, Ukraine. ISWE was manifested as an element
of the United States Microgravity Payload-4 (USMP-4) to demonstrate the feasibility of space welding as an operational maintenance
process. On December 6, 1996, ISWE was demanifested due to conflicts between various experiments vying for limited astronaut
EVA opportunities. Current plans include possible manifesting to the Russian space station MIR for welding to be performed
by Russian cosmonauts. This paper illustrates the conflicts that can arise when designing and building a set of spaceflight
hardware under one set of standards and trying to launch that hardware on another nation's vehicle. Issues which became areas
of concern included language/communication, openness, qualification test procedures, material standards, and safety. The significant
number of issues identified in this relatively small project in international space cooperation indicates how important it
will be to reach a new consensus for conducting future large scale cooperative ventures. Imperative to attaining this consensus
is an international conference where all space faring nations mutually develop and agree to a uniform set of standards. 相似文献
239.
Brian D. Maclean 《Crime, Law and Social Change》1993,19(1):51-86
The inner-city riots of 1980s Britain provoked an important set of debates in the progressive criminological literature about police accountability and the policing of racial minorities. Two main oppositional political strategies emerged. Following the pioneering work of Hall et al. (1978) some British criminologists supported a police monitoring strategy that proceeded on a case by case approach. In a more generalized approach, the strategy employed by the left realist school made use of the local crime survey in order to gather data on crime and policing practices that were used in public forum to make police accountable. In fulfilling this mandate, the first sweep of the Islington Crime Survey (ICS) provides an empirically grounded analysis of focused military-style policing in the Black community. These authors argue that differential policing practices, such as stop and search patterns, alienate Black youth from the police and contribute to the reduced flow of information from the community to the police vital for police effectiveness at crime control.The premise of this paper is that while both of these positions have been conceptually useful, they probably oversimplify the more complex social response of the Black community to focused policing methods. The paper begins with a critique ofPolicing The Crisis and suggests that it was this critique that primarily motivated the left realist response. In examining the scope of this response, the paper reviews two specific models of these relationships as proposed in various publications from the realist school. It is suggested that seven hypotheses can be deduced from these models, and that data from the first sweep of the ICS allow some assessment of the empirical support for these models.After examining the empirical evidence from the ICS, the paper concludes that while there is considerable empirical support for the analysis provided inThe Islington Crime Survey, the authors have probably not gone as far in their analysis as the data allow. A further analysis suggests that the response to military-style and focused policing, far from being uniform, is, in fact, bifurcated. In some instances, the very people who are the targets of biased policing practices demand more of the same. A model that depicts the complex nature of this response is provided. 相似文献
240.