受虐杀夫引发的法律问题

对长期深受丈夫暴力虐待而将其杀死 ,是否属于正当防卫或防卫过当 ,即暴力虐待是否属于“正在进行的不法侵害” ,《刑法》第 2 3 2条中的“情节较轻”中的情节是指“犯罪情节”还是“量刑情节” ,怎样才算“情节较轻” ,进行了深入的探讨。     

Swedish crime scene technicians: facilitations,epistemic frictions and professionalization from the outside

ABSTRACT

This article investigates the role of crime scene technicians in the Swedish criminal justice system, and particularly how Swedish crime scene technicians not only examine crime scenes but also facilitate the criminal justice system’s joint production of forensic evidence. It proposes thinking about the criminal justice system as a conglomeration of epistemic cultures, that is, of communities with different ways of producing and understanding forensic evidence. Such a perspective makes it possible to understand interprofessional frictions as epistemic frictions as well as to draw attention to the facilitations, mediations and translations that crime scene technicians perform. This perspective also makes it possible to illuminate how the crime scene technicians’ professionalization – a professionalization from the outside – affects both their future crime scene work and their facilitations.     

检察机关自行补充侦查制度研究

在退回补充侦查制度已经出现了实体功能有限、程序功能异化以及衍生检警矛盾等诸多流弊的情况下,学界仍然致力于进一步完善这一制度的理论构建,始终忽略了自行补充侦查所具有的理论与实践上的价值,原因在于我们对检察机关自行补充侦查的认识存在偏差。自行补充侦查并非旨在为公安机关的侦查提供"帮手",而是需要强调其"监督者"与"引导者"的角色。对于完善补充侦查制度来说,检察机关自行补充侦查具有关键意义,更重要的是,自行补充侦查制度亦为检察官客观义务的履行、审判中心主义的刑事司法制度改革以及当前检警关系的改善所必需。     

A Call for Help?: How Public School Principals’ Subjective Report of Institutional Weakness Relates to Disciplinary Incidents

ABSTRACT

Disciplinary incidents at U.S. public middle- and high-schools are a public policy concern. Although businesses popularly give credence to leaders’ subjective intelligence, principals’ reports of their schools’ strengths and weaknesses are questioned. To determine whether principals’ reports carry legitimacy as indicators of student offenses, the current study utilized a nationally representative survey of principals who reported on their sense of the institution and the number of disciplinary incidents in the past year (N = 1,872; replication cohort, N = 1,833). Findings showed that the more institutional shortcomings a principal endorsed, the higher total number of incidents occurred, even after controlling for institutional strength and several indicators of school crime. These findings have policy and intervention implications for improving student outcomes, and so would be of interest to funding agencies, school administrators, teachers, and parents.     

Child sexual abuse material in child-centred institutions: situational crime prevention approaches

ABSTRACT

This paper focuses on the potential for child-centred institutions to use situational crime prevention (SCP) strategies to prevent or reduce child sexual abuse material (CSAM) offending as a distinct form of child sexual abuse (CSA). We discuss the failure of the Royal Commission into Institutional Responses to Child Sexual Abuse in Australia to address the potential for CSAM offending to occur in child-centred institutions. Our premise is that CSAM offending is markedly shaped by the situation in which it occurs, rather than by any pre-existing preparedness to offend sexually against children. In this context, SCP for CSAM offending must be considered as part of overall strategies to combat CSA in institutional settings. However, we acknowledge that effective implementation of SCP in this area is not straightforward. We consider some of the challenges in implementing SCP at an institutional level.     

Digital evidence strategies for digital forensic science examinations

Given the size and complexity of many digital forensic science device examinations, there is a need for practitioners to formally and strategically determine a course of conduct which allows them to undertake the most robust and efficient examination possible. This work outlines both the need for practitioners to have a digital evidence strategy (DES) when tackling any given examination scenario, how to construct one and the concerns which exist when no formal DES is in place. Approaches to DES development are examined and the context to which they should be deployed are analysed, with focus being on the use of DESs at the examination/processing stage of the investigative workflow. Finally, a ‘DES skeleton’ is offered to guide practitioners as they seek to create their own DES.     

Terrorism,Conflicts and the Responsibility to Protect Cultural Heritage

Abstract

Intentional destruction of cultural heritage is a well-known phenomenon which has been particularly exacerbated in recent times. Its common denominator is represented by the intent to persecute the communities for which that heritage represents an essential element of their cultural identity and distinctiveness. In legal terms, it produces different implications, to the point that – depending on the circumstances in which it is perpetrated – it may be qualified as a war crime, crime against humanity, violation of internationally recognised human rights, or evidence of the existence of the intent to commit genocide. Since the whole international community is seriously affected by the destruction of cultural heritage, it is indispensable that the doctrine of responsibility to protect (R2P) be put into practice seriously and effectively with the purpose of protecting humanity against the irreplaceable loss of its heritage.     

Expanding the Boundaries of Criminal Justice: Emphasizing the “S” in the Criminal Justice Sciences through Interdisciplinary Efforts

At its very core, the phrase “criminal justice sciences” points to the interdisciplinary nature of our field. However, efforts to promote and support interdisciplinary teaching and research face significant barriers. In this paper, I address how interdisciplinarity is conceptualized, the history of criminal justice as an interdisciplinary field, why we should promote interdisicplinarity, barriers we confront in interdisciplinary efforts, the degree to which ACJS members engage in interdisciplinary practices, factors related to interdisciplinarity, and opportunities for increased interdisciplinary research in criminal justice. To grow as an academic field, I conclude that we must look to other disciplines such as biology, computer science, policy, and women’s studies as we expand our disciplinary boundaries.