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Victims' Rights in Criminal Trials: Prospects for Participation 总被引:1,自引:0,他引:1
Victims in common law jurisdictions have traditionally been unable to participate in criminal trials for a number of structural and normative reasons. They are widely perceived as 'private parties' whose role should be confined to that of witnesses, and participatory rights for such third parties are rejected as a threat to the objective and public nature of the criminal justice system. However, recent years have witnessed both a major shift in attitude in relation to the role of victims within the criminal justice system and a breakdown in the public/ private divide in criminal justice discourse. This article considers the standing of the victim within the criminal trial against the backdrop of such changes, and examines the arguments for a more radical course of reform that would allow victims to participate actively in criminal hearings as they are able to do in many European jurisdictions. 相似文献
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J L Young H V Zonana L Shepler 《The Bulletin of the American Academy of Psychiatry and the Law》1986,14(2):105-122
Risk of relapse and recidivism makes the failure to take antipsychotic medication as prescribed a significant issue in forensic psychiatry. This question may arise in such contexts as the setting of bail, plea bargaining, the insanity defense, and sentencing. We have reviewed the literature on medication noncompliance in schizophrenia and present here the results, organized by topics relevant for the work of forensic mental health experts. Reported rates of noncompliance vary widely, reflecting major differences in the populations studied and the methods used as well as the complexities involved in defining noncompliant behavior. A noncompliance rate of 50 percent has been attributed globally to chronic patients, both medical and psychiatric. The tendency of significant factors to interact precludes a simple typology of noncompliance. However, environmental security and supportiveness correlate positively with adherence; whereas anxiety, paranoia, grandiosity, depression, and side effects correlate negatively. Clinicians' assessments of whether medication is being taken have proven to be unreliable. Although monitoring by chemical measurement, particularly a radioreceptor assay for urine samples, can be useful, depot injection ensures that prescribed medication is being taken. Less invasive means of promoting compliance are described; psychodynamic and ethical issues to be considered in the monitoring and promotion of compliance over extended time periods are presented. We also probe the link between medication noncompliance and behavioral relapse. The time between default and relapse is most often measured in weeks. Whether due to medication withdrawal or not, the relapse pattern of each individual tends to repeat, allowing its recognition before recidivism occurs. Restarting medication at this stage, especially with a dosage increase, is usually effective. In sum, the forensic mental health expert can now readily use a large and diverse literature to assist with a variety of significant issues. 相似文献
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Douglas Snow Gerasimos A. Gianakis Jonathan Haughton 《Public administration review》2015,75(2):304-314
The adoption, maintenance, and prudent use of budgetary stabilization funds are fundamental financial management precepts, yet the variables that influence the size of these funds are poorly understood. This article contributes to the stabilization fund literature by examining the extent to which variation in stabilization fund balances across municipalities and over time can be explained by a community's political culture and financial management capacity. The balanced panel research design includes archival data for 239 Massachusetts municipalities for each of 18 fiscal years. Stabilization fund balances are lower in communities with either an anti‐tax or a pro‐spending political culture. Stabilization fund balances are higher in communities that have the financial management capacity to accumulate budget surpluses that can be made available for appropriation to stabilization funds. Communities with the open town meeting form of government also have higher stabilization fund balances. 相似文献
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Jonathan Bendor 《Public administration review》2015,75(2):194-205
Charles Lindblom's 1959 essay “The Science of ‘Muddling Through’” is best known for the strategy of decision making—disjointed incrementalism—that it recommended. That famous paper and Lindblom's related work also provided two theories: a critique of the conventional method (the synoptic approach) and an argument for using incrementalism instead. Both are applied theories: they are designed to help solve complex policy problems. Lindblom's negative applied theory has stood the test of time well: the empirical foundations of its main micro‐component (cognitive constraints of individuals) and its central macro‐component (the impact of preference conflict on policy making) have grown stronger since 1959. The picture regarding the positive applied theory is more mixed. As a coherent decision‐making strategy, disjointed incrementalism has almost disappeared. Yet its key elements, the major heuristics identified in “Muddling Through,” are thriving in many applied fields. Intriguingly, they are often accompanied by subroutines—especially optimization as a choice rule—typically associated with the synoptic approach. 相似文献
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To study gender differences in candidate emergence, we conduct a laboratory experiment in which we control the incentives potential candidates face, manipulate features of the electoral environment, and measure beliefs and preferences. We find that men and women are equally likely to volunteer when the representative is chosen randomly, but that women are less likely to become candidates when the representative is chosen by an election. This difference does not arise from disparities in abilities, risk aversion, or beliefs, but rather from the specific competitive and strategic context of campaigns and elections. Thus, we find evidence that women are election averse, whereas men are not. Election aversion persists with variations in the electoral environment, disappearing only when campaigns are both costless and completely truthful. 相似文献