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91.
Marcia Baron 《Criminal Law and Philosophy》2007,1(1):21-39
Justifications and excuses are defenses that exculpate. They are therefore much more like each other than like such defenses as diplomatic immunity, which does not exculpate. But they exculpate in different ways, and it has proven difficult to agree on just what that difference consists in. In this paper I take a step back from justification and excuse as concepts in criminal law, and look at the concepts as they arise in everyday life. To keep the task manageable, I focus primarily on excuses and excusing activities, distinguishing them from justifications as well as from other close relatives, in particular, forgiving and pardoning. I draw upon J.L. Austin’s classic “A Plea for Excuses,” but expand on his account, suggesting that we offer excuses for reasons besides those he mentions.
My hope is that my examination of excuses and excusing activities will help us rethink our views on just how justifications and excuses differ, views which often are worked out without much attention to how these concepts function in everyday life and to the connection between offers of excuses and justifications and the “rules of civility.”
相似文献
Marcia BaronEmail: Phone: +1-812-8560101Fax: +1-812-8553777 |
92.
Sung HE Richter L 《International journal of offender therapy and comparative criminology》2007,51(6):686-702
Length of treatment stay is consistently associated with positive posttreatment outcomes in the rehabilitation of drug-abusing offenders. However, past retention research centered on the examination of individual-level determinants to the exclusion of environmental predictors. In this study, the authors propose a rational choice framework in which treatment retention is viewed as a decision-making process that involves calculation of costs and benefits of remaining in treatment. Environmental factors not directly related to the treatment process are theorized to either reward or punish the course of action taken by each treatment client. Retention data from 1,984 drug-abusing felons diverted for long-term residential treatment were analyzed to test the hypotheses that criminal sanctions against drug offenses, violence in local drug markets, and lack of legitimate job opportunities act as deterrents against premature termination of treatment. Results corroborated the criminal sanction and unemployment hypotheses, but not the violence hypothesis. These findings highlight the necessity of reinforcing perceptions of arrest risks and job prospects during treatment. The study concludes with some clinical recommendations. 相似文献
93.
Carpenter B Tait G Jonsson L Peschl H Naylor C Bermudez-Ortega A 《Journal of law and medicine》2010,18(2):402-412
This article scrutinises the argument that decreasing hospital autopsy rates are outside the control of medical personnel, based as they are on families' unwillingness to consent to autopsy procedures, and that, as a consequence, the coronial autopsy is the appropriate alternative to the important medical and educational role of the autopsy It makes three points which are well supported by the research. First, that while hospital autopsy rates are decreasing, they have been doing so for more than 60 years, and issues beyond the simple notion of consent, like funding formulae in hospitals, increased technology and fear of litigation by doctors are all playing their part in this decline. Secondly, the issue of consent has as much to do with families not being approached as with families declining to give consent. This is well supported by recent changes in hospital policy and procedures which include senior medical personnel and detailed consent forms, both of which have been linked to rising consent rates in recent years. Finally, the perception that coronial autopsies are beyond familial consent has been challenged recently by legislative changes in both Australia and the United States of America which allow objections based on religion and culture to be heard by coroners. For these reasons, it is argued that medical personnel need to focus on increasing hospital autopsy rates, while also addressing the complex ethical issues associated with conducting medical research within the context of the coronial autopsy. 相似文献
94.
Linda Fernandez 《International Environmental Agreements: Politics, Law and Economics》2010,10(2):133-145
The paper offers an assessment of the environmental impact of trade liberalization on the cross-border trucking sector in
North America. Specific policies in the realm of transportation, environment and trade are investigated with data directly
related to the time of implementation that varied across ports on each of the two international borders in North America subsequent
to the North American Free Trade Agreement (NAFTA). The data on truck flows, wait times, air quality and trade value are analyzed
using econometrics for quantitative analysis. Results show various policies do have a positive impact on reducing air emissions
through changes in trucking characteristics (technology, patterns) in particular ports where they have been implemented. 相似文献
95.
Peter G Jaffe Claire V Crooks Maureen Reid Jennifer White Danielle Pugh-Markie Linda Baker 《社会福利与家庭法律杂志》2018,40(4):496-514
ABSTRACTThe overwhelming number and complexity of domestic violence cases in criminal and family courts has resulted in the development of education programmes to assist judges. There is limited research on judicial education in this area. This paper reviews one such initiative entitled ‘Enhancing Judicial Skills in Domestic Violence Cases’ (EJS) that has been developed and implemented over the last 20 years by the National Judicial Institute on Domestic Violence, a partnership of the US Department of Justice Office on Violence Against Women, National Council of Juvenile and Family Court Judges and Futures Without Violence. We present findings of a preliminary evaluation of the programme based on the self-reports of 480 judges who had taken the four-day workshop between 2006 and 2010. Overall, judges reported the programme to be engaging and effective. At a six-month follow‐up, most of the judges identified specific benefits and behavior changes in the areas of access to justice, judicial leadership, victim safety, and abuser accountability as a result of participating in the programme. Critical issues in judicial education are highlighted based on the authors’ experiences in the development and implementation of this programme. 相似文献
96.
Abenaa Acheampong Jones Travis Gerke Catherine W. Striley Nicole Whitehead Vicki Osborne Linda B. Cottler 《American Journal of Criminal Justice》2018,43(3):471-485
The aim of this analysis is to identify latent subgroups of women based on substance use, exposure to violence, and risky sexual behaviors and quantify discrete stages of behavior change over time. Data comes from 317 women recruited from a Municipal Drug Court System in the Midwest. All participants were interviewed regarding their substance use and sexual behaviors, as well as their exposure to violence at baseline, a 4th-month follow-up, and an 8th-month follow-up. A latent transitional analysis (LTA), a longitudinal extension of a latent class analysis (LCA), was used to quantify discrete stages of behavior change. The results of our analyses revealed 4 distinct behavioral profiles in our sample: 1) women with high probabilities of risky sexual behaviors, exposure to violence, and crack/cocaine use, 2) women with a high probability of exposure to violence, and moderate sexual risk taking, 3) women characterized solely by a high probability of crack/cocaine use, 4) women with low probabilities of all factors. The proportion of women in latent statuses characterized by a high probability of crack/cocaine use did not substantially decrease over time. Women who experienced child sexual abuse, had a greater number of lifetime arrests, were older, and believed they had risky drug using behavior that needed changing at baseline were significantly more likely to be in higher-risk latent statuses. Targeted interventions tailored to crack/cocaine users, as well as a wide-spread need for trauma-informed interventions among females involved in the criminal justice system, are needed. 相似文献
97.
Reviewing the history of women’s movement, this article expects to find a large role of women’s organizations in the process of change that has helped to increase participation of women in local government political process of Bangladesh. While there is considerable support for the presence of the women’s movement, there is much ambivalence as to the specifics of such influence: its objects, means, and magnitude. The difficulty in assessing influence may stem from the reliance on informal channels, which makes tracing and tracking influence a great challenge, and calls for more grounded research to expose the intricate interactions between actors. 相似文献
98.
Abstract Summary: This article is taken from a report entitled: Rhetorics and Realities: Sexual Exploitation of Children in Europe, of a study funded by the European Commission under the STOP Programme. It begins by re-visiting the knowledge base of child pornography and addresses a range of issues including: children's access to pornography; law enforcement and European policy. The article concludes with a number of pertinent questions which need both attention and answers. 相似文献
99.
Linda Maule 《Journal of Sexual Aggression》2013,19(3):247-252
Abstract As a clinical supervisor of employees working in prisons conducting rehabilitation programmes with offenders, I frequently encounter situations where personal boundaries are breached. This paper discusses the types of boundary breaches that may occur in work with sex offenders and why, and suggests ways in which individuals and teams can guard against breaches. Accepting that the possibility of boundary breaches exists for everyone, and providing awareness education of how they occur can assist in reducing them. Once they occur, the consequences can be devastating, ranging from embarrassment and unwanted publicity to loss of career and criminal convictions. 相似文献
100.
Linda Isako Angst 《亚洲研究》2013,45(2):243-266
In September 1995 relations between the United States, Japan, and Okinawa were transformed when three U.S. servicemen brutally gang-raped a twelve-year-old schoolgirl. Okinawan feminists called public attention to the rape, but it wasn't long before the media and political leaders shifted their focus to concerns about Okinawa's colonial history and its postwar occupation by the United States. A crisis of sovereignty replaced the crisis for women and a particular girl, which gradually faded from view, as did the agenda of feminist activists. Through an examination of Okinawa's contentious identity politics, the author traces the political trajectories of Okinawa's component groups and asks why this particular crime, in a long list of crimes against Okinawans by U.S. personnel since 1945, resonates so strongly both in Okinawa and in mainland Japan. The author argues that the rape has been enlisted for its powerful symbolic capacity: Okinawa as sacrificed schoolgirl/daughter. As such it is emblematic of past, prior narratives of Okinawan victimhood, most notably the Himeyuri students in the Battle of Okinawa. Feminists' cooperation in a patriarchal language that posits Okinawa as daughter within a national Japanese family is problematic but necessary as a strategy in the fight for women's human rights. 相似文献