DIFFERENT EXPRESSIONS OF THERAPEUTIC JURISPRUDENCE IN THE SPANISH CRIMINAL PROSECUTION

The postulates of what is known as Therapeutic Jurisprudence seek to guide to a more humane, reinvigorating and resocializingjustice, and in the Spanish Legal System we can find different manifestations of itself. This paper aims to examine some of the manifestations of Therapeutic Jurisprudence in the Spanish criminal prosecution： adults and minors criminal mediation, the plea bargaining of the criminal offender and the attenuated pre-trial custody.     

Theory and Practice of Public Administration in the Philippines: Concerns for an Identity Crisis

Abstract

The discipline of public administration in the Philippines has been undergoing its version of an ‘identity crisis’ over the past decade. This crisis has been manifested in four areas: (1) the inordinate influence of mostly American public administration theories and concepts upon Philippines public administration has led Filipino academics in the early to mid-1980s to ask the question ‘is there a Philippine public administration?’; (2) the perceived disconnect between theories of public administration as taught in schools and the realities in the outside world has raised questions of the relevance of the discipline to real world challenges; (3) the continued frustration over the perception that in spite of many public administration and governance reforms, the Philippines continues to be among the more corrupt nations in the region; and (4) the recent fascination of academics in other disciplines, especially economists, that ‘institutions matter’, has led some public administration scholars to argue that their discipline has been arguing precisely the same point since the 1950s.     

Effects of psychopathy and violence risk testimony on mock juror perceptions of dangerousness in a capital murder trial

The recent introduction of the Psychopathy Checklist-Revised (PCL-R) into the sentencing phase of capital murder trials has heightened concerns about the potentially prejudicial impact of such information on jurors, who might give disproportionate weight to this diagnosis when determining whether a defendant is a “continuing threat to society”. To investigate this issue, 238 undergraduates read a case summary based on US v. Barnette ( ), in which prosecution testimony was presented regarding the presence of a mental disorder (psychopathy, psychosis, or no disorder). Compared to the “no disorder” condition, participants rated psychopathic defendants as more likely to be violent in the future, even though testimony related to level of risk (high or low) was held constant. The difference in perceived dangerousness across the psychopathy and no disorder groups was particularly pronounced when the experts described the defendant as being at low risk. A similar pattern of effects was noted for the psychosis condition, suggesting that the impact of mental disorder testimony on perceptions of dangerousness may not necessarily be specific to the PCL-R.     

Poor Practices: contestations around ‘Below Poverty Line’ status in India

This article has two objectives. First, it interrogates the normative understanding of the identification of poor people as a technical process confined to the domain of experts. The paper analyses the construction of Below Poverty Line (bpl) status in India, and provides evidence for how this is contested at multiple levels of the policy process, through both formal and informal policy practices. Second, the paper uses a case study of a major anti-poverty policy, the Suvarnajayanti Gram Swarozgar Yojana, to demonstrate how the cumulative outcome of formal and informal policy practices is the erosion of the redistributive intent of policy. The paper emphasises the importance of foregrounding within policy discourse the politically contested nature of the processes of identifying poor people, and of determining their eligibility for anti-poverty policy resources. The typology of policy practices generated calls for deeper recognition of the significant influence of informal policy practices on the policy process in India.     

Evaluating Simulant Materials for Understanding Cranial Backspatter from a Ballistic Projectile

In cranial wounds resulting from a gunshot, the study of backspatter patterns can provide information about the actual incidents by linking material to surrounding objects. This study investigates the physics of backspatter from a high‐speed projectile impact and evaluates a range of simulant materials using impact tests. Next, we evaluate a mesh‐free method called smoothed particle hydrodynamics (SPH) to model the splashing mechanism during backspatter. The study has shown that a projectile impact causes fragmentation at the impact site, while transferring momentum to fragmented particles. The particles travel along the path of least resistance, leading to partial material movement in the reverse direction of the projectile motion causing backspatter. Medium‐density fiberboard is a better simulant for a human skull than polycarbonate, and lorica leather is a better simulant for a human skin than natural rubber. SPH is an effective numerical method for modeling the high‐speed impact fracture and fragmentations.     

So Hard to Say Goodbye? Turnover Intention among U.S. Federal Employees

Why do U.S. federal government employees choose to leave the federal service? By focusing on turnover intentions, this article develops propositions about why employees anticipate leaving their jobs along three dimensions: (1) demographic factors, (2) workplace satisfaction factors, and (3) organizational/relational factors. Two distinct measures of turnover intention are advanced that reflect those who intend to leave their agency for another position within the federal government and those who intend to leave the federal government for an outside position. The 2006 Federal Human Capital Survey is used to test the impacts of three clusters of independent variables on these measures of turnover intention. The findings suggest that overall job satisfaction and age affect turnover consistently. Practical recommendations are outlined for public managers seeking to boost employee retention.     

Recent Developments in China's Intellectual Property Laws

As one of the conditions in its acceptance into the WTO, theChinese government is required to comply with TRIPS. Known forits poor IPR regulations and inadequate judicial enforcement,China has nonetheless done much in recent years to reverse itsreputation as an IPR-unfriendly country, especially with theemergence of domestic technological innovations. Yet many necessaryimprovements remain to be realized, and here we provide someadvice in navigating the difficult Chinese IP system.     

Employee Engagement as Administrative Reform: Testing the Efficacy of the OPM's Employee Engagement Initiative

Researchers have long recognized administrative reform as a constant feature of American public administration. The employee engagement initiative of the U.S. Office of Personnel Management (OPM) has become one of the most prominent administrative reforms underway in the federal government. Like many reforms, the veracity of claims about this reform have gone untested. This article addresses this gap by testing the relationship between the OPM's employee engagement initiative and agency performance. After establishing the psychometric validity of the OPM's Employment Engagement Index, the authors use a five‐year panel data set of federal agencies and two‐way fixed‐effects regression to test the efficacy of this prominent reform. The analysis shows that efforts to encourage employee engagement generally have the expected relationship with performance, but the relationship varies according to the components that make up the index and the organizational level at which these efforts are expended.