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241.
Joel Zimmerman William D. Rich Ingo Keilitz Paul K. Broder 《Journal of criminal justice》1981,9(1):1-17
In order to test the hypothesis that learning disabilities are related to juvenile delinquency, a sample of 1,005 public school and 687 adjudicated juvenile delinquent youths (ages 12 to 17) reported about delinquent behaviors in which they had engaged. The youths' educational records were screened, and, if the presence of learning disabilities could not be discounted, the children were given a series of tests. Every child was classified as either learning disabled or not. The results indicated that proportionately more adjudicated delinquent children than public school children were learning disabled. Self-report data, however, showed no differences in delinquent behaviors engaged in by learning-disabled and non-learning-disabled children, within either the adjudicated or public school samples. Public school children who have learning disabilities reported that they were picked up by the police at about the same rate as non-learning-disabled children, and engaged in about the same delinquent behaviors. Charges for which learning-disabled and non-learning-disabled adjudicated delinquents were convicted followed the same general patterns. In light of these findings, it was proposed that the greater proportion of learning-disabled youth among adjudicated juvenile delinquents may be accounted for by differences in the way such children are treated within the juvenile justice system, rather than by differences in their delinquent behaviors. 相似文献
242.
Using a simulated civil case, this experiment investigated whether mock jurors: (a) are able to disregard hearsay evidence when admonished to do so, (b) experience psychological reactance and "backfire effects" in proportion to the strength of judicial admonition instructing them to disregard hearsay evidence, and (c) are able to recognize and disregard hearsay evidence without judicial instructions. Results indicate that jurors were unable to disregard inadmissible hearsay testimony in some legal decisions regardless of whether there were judicial instructions to do so. Jurors exhibited backfire effects paying more attention to inadmissible hearsay evidence when they were strongly instructed to disregard it. More specifically, juror backfire effects were evident in both their confidence in their liability verdicts and in their punitive damage awards. The legal and policy implications of these findings are discussed. 相似文献
243.
Weissman JS Wachterman M Blumenthal D 《Journal of health politics, policy and law》2005,30(3):475-504
Health-based risk adjustment has long been touted as key to the success of competitive models of health care. Because it decreases the incentive to enroll only healthy patients in insurance plans, risk adjustment was incorporated into Medicare policy via the Balanced Budget Act of 1997. However, full implementation of risk adjustment was delayed due to clashes with the managed care industry over payment policy, concerns over perverse incentives, and problems of data burden. We review the history of risk adjustment leading up to the Balanced Budget Act and examine the controversies surrounding attempts to stop or delay its implementation during the years that followed. The article provides lessons for the future of health-based risk adjustment and possible alternatives. 相似文献
244.
Joel D. Barkan Paul J. Densham Gerard Rushton 《American journal of political science》2006,50(4):926-939
Although the holding of founding and subsequent elections is essential for any transition from authoritarian to democratic rule, the comparative literature on electoral system design is limited on the experience of "Third Wave" democratizers. This is especially true with respect to the interactive effects between the choice of electoral system and the spatial, i.e., geographic, distribution of the vote—a critical factor that shapes electoral outcomes in all societies, but particularly in emerging democracies because many are plural and agrarian societies. Political elites in these countries have also rarely considered the impact of alternative electoral systems when selecting a system for their country. This article addresses these gaps in the literature and practice by presenting a computational model known as a spatial decision support system or SDSS that both explores these interactive effects and facilitates electoral design. The utility of the model is then demonstrated with data from Kenya and South Africa—two emerging democracies where issues posed by the spatial distribution of the vote have given rise to demands for redesigning or modifying the electoral system. 相似文献
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Feinberg J 《Ratio juris》1991,4(2):131-151
Abstract .
One of the strongest arguments against the legalization of voluntary euthanasia is that even though a given suffering or comatose patient may have a moral right to die, legal recognition of the right would lead inevitably to mistakes and abuses in other cases. The flaw in this argument is the assumption that it is always and necessarily a greater evil to let someone die by mistake than to keep a person alive by mistake. In fact, we cannot plausibly say that one of these two kinds of mistake is in itself, isolated from other factors, always more serious than the other. This point is illustrated by an examination both of a terminal patient whose prospect is a full year of intolerable pain (Matthew Donnelly) and of a patient in a "persistent vegetative state" (Nancy Cruzan). Moreover, it is untrue that legalization would necessarily lead to greater numbers of mistakenly approved discontinuances of treatment than of mistakenly approved refusals of termination, and numbers, it is argued, do matter. 相似文献
One of the strongest arguments against the legalization of voluntary euthanasia is that even though a given suffering or comatose patient may have a moral right to die, legal recognition of the right would lead inevitably to mistakes and abuses in other cases. The flaw in this argument is the assumption that it is always and necessarily a greater evil to let someone die by mistake than to keep a person alive by mistake. In fact, we cannot plausibly say that one of these two kinds of mistake is in itself, isolated from other factors, always more serious than the other. This point is illustrated by an examination both of a terminal patient whose prospect is a full year of intolerable pain (Matthew Donnelly) and of a patient in a "persistent vegetative state" (Nancy Cruzan). Moreover, it is untrue that legalization would necessarily lead to greater numbers of mistakenly approved discontinuances of treatment than of mistakenly approved refusals of termination, and numbers, it is argued, do matter. 相似文献