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11.
Jesse Cheng 《Law & social inquiry》2010,35(1):39-65
The bifurcation of capital trials into determinations of guilt and sentencing presents defense advocates with what seem to be two distinct domains of knowledge—one apparently "legal" in character, the other "human." But this epistemological division is actually not so clear in practice. This article dissects the procedural and strategic mechanisms through which these two domains unsettle and reconstitute the other. I provide a historical, empirically grounded account that explicitly articulates the connections between developments in legal procedure, prevailing standards of care concerning the need to conduct humanistic investigations of mitigating factors, and the on-the-ground trial practice of "frontloading" as a defense strategy. Drawing from documentary research, interview data with leading capital defense practitioners, and analytical observations based on my own experience as a mitigation specialist, this article presents itself as a case study of the processes of mutually constitutive rupturing that reconfigure the categories of the legal and the human. 相似文献
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When Morality Opposes Justice: Conservatives Have Moral Intuitions that Liberals may not Recognize 总被引:5,自引:2,他引:3
Researchers in moral psychology and social justice have agreed that morality is about matters of harm, rights, and justice.
On this definition of morality, conservative opposition to social justice programs appears to be immoral, and has been explained
as a product of various non-moral processes such as system justification or social dominance orientation. In this article
we argue that, from an anthropological perspective, the moral domain is usually much broader, encompassing many more aspects
of social life and valuing institutions as much or more than individuals. We present theoretical and empirical reasons for
believing that there are five psychological systems that provide the foundations for the world’s many moralities. The five
foundations are psychological preparations for detecting and reacting emotionally to issues related to harm/care, fairness/reciprocity,
ingroup/loyalty, authority/respect, and purity/sanctity. Political liberals have moral intuitions primarily based upon the
first two foundations, and therefore misunderstand the moral motivations of political conservatives, who generally rely upon
all five foundations.
相似文献
Jonathan HaidtEmail: |
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Jesse R. McKee 《American Journal of Criminal Justice》2012,37(3):356-377
Gottfredson and Hirschi??s (1990) theory of low self-control (LSC) asserts the etiology of LSC lies in the ability of parents to correctly control their children. These parental behaviors are crucial to understanding how LSC may or may not be transmitted from parents to children. Little research has explored the potential moderating effects of family structure regarding parenting, LSC, and delinquency. Multi-group structural equation modeling is used with data from the National Evaluation of the Teens, Crime, and the Community/Community Works (TCC/CW) program (n?=?1,409) to assess these relationships. Results show LSC mediates the relationship between family structure and delinquency. Additionally, the relationships between parenting, LSC, and delinquency are invariant for children from intact or broken homes. It is suggested that future research explore the origins of parental efficacy and LSC beyond family structure while considering self-control as a multidimensional concept. Policy recommendations are also discussed. 相似文献
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Catia G. Malvaso Michael Proeve Paul Delfabbro Jesse Cale 《Journal of Sexual Aggression》2020,26(1):36-61
ABSTRACTPeople who commit sexual offences are a heterogeneous group, with research suggesting that children and young people commit a large proportion of all sex offences, especially those committed against other children. This systematic review provides a synthesis of literature concerning the characteristics of children and adolescents who exhibit harmful sexual behaviour. There is a particular focus in this review on studies that examine the characteristics of children and young people exhibiting these behaviours within institutional and organisational settings or which take a situational and/or developmental approach to understanding sexually abusive behaviour. Using a developmental and life-course criminology lens, this review explores implications from the literature for the prevention and response to child sexual abuse, with a particular focus on institutional contexts where the perpetrators are children and adolescents. 相似文献
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A call to awareness regarding sex trafficking has increased research, bolstered social justice efforts, improved education, and influenced federal laws that protect victims and prosecute traffickers. Federal laws on sex trafficking are now being used through undercover sting operations via the Internet to arrest and prosecute buyers who attempt to engage in commercial sex with minors. A narrative analysis was completed to create an in-depth case study outlining the correspondences between a buyer and an undercover agent advertising trafficked children for sex. Readers are afforded a rare opportunity to examine actual emails related to the purchase of a child for sexual exploitation. The emails were used against the buyer as evidence within the court of law. The authors assert that the following case study will contribute to the body of literature on the victim selection processes and cognitive distortions employed by buyers of children for sex. 相似文献
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We use linked administrative data from program and earnings records to summarize the 2007 employment rates of Social Security disability program beneficiaries at the national and state levels, as well as changes in employment since 1996. The findings provide new information on the employment activities of beneficiaries that should be useful in assessing current agency policies and providing benchmarks for ongoing demonstration projects and future return-to-work initiatives. The overall employment rate--which we define as annual earnings over $1,000--was 12 percent in 2007. Substantial variation exists within the population. Disability Insurance beneficiaries and those younger than age 40 were much more likely to work relative to other Social Security beneficiaries. Additionally, substantial regional variation exists across states; employment rates ranged from 7 percent (West Virginia) to 23 percent (North Dakota). Moreover, we find that the employment rates among beneficiaries were sensitive to the business cycle and persistent over time. 相似文献
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The objective of the present study is to examine whether a relationship exists between disturbed sleep and aggression in 19 male prisoners with a psychotic illness, incarcerated in the Penitentiary Psychiatric Centre in Amsterdam, the Netherlands. The sleep–wake rhythm was indirectly assessed by means of actigraphy. The results show that nocturnal restlessness was a significant predictor of aggression/agitation with a large effect size (R2?=?.639, adjusted R2?=?.536). It was concluded that future research should focus on nocturnal restlessness as a possible cause of aggression in this population. 相似文献