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661.
This essay responds to D. Davis and W. C. Follette (2002), who question the value of motive evidence in murder cases. They argue that the evidence that a husband had extramarital affairs, that he heavily insured his wife's life, or that he battered his wife is ordinarily of infinitesimal probative value. We disagree. To be sure, it would be foolish to predict solely on the basis of such evidence that a husband will murder his wife. However, when this kind of evidence is combined with other evidence in a realistic murder case, the evidence can be quite probative. We analyze cases in which it is virtually certain that the victim was murdered but unclear who murdered her, and in which it is uncertain whether the husband murdered the wife or she died by accident. We show that in each case motive evidence, such as a history of battering or of infidelity, can substantially increase the odds of the husband's guilt. We also consider the actual case on which Davis and Follette base their paper. We argue that testimony of Davis on the basis of the analysis presented in their paper was properly excluded, for it would have been misleading and unhelpful.  相似文献   
662.
This study tested whether retrospective reports of childhood exposure to parental partner abuse were associated with internalizing aspects of adult adjustment. Participants were 550 men and women college students. Among women, childhood exposure to partner abuse was related to depression, trauma-related symptoms, and low self-esteem; among men, exposure was associated with trauma-related symptoms. These relationships were statistically independent of reported parental alcohol abuse and divorce. Relationships of parental partner abuse to low self-esteem and depression among women were also independent of variation in retrospective reports of child sexual and physical abuse. However, the relationship of partner abuse to trauma-related symptoms depended, in part, on the co-occurrence of child abuse. The discussion addressed implications of the findings for future research and for clinical practice.  相似文献   
663.
This study examines findings from a pediatric health history and child physical examination conducted for 105 outpatient and 105 inpatient children who were classified on the basis of their history of physical and sexual abuse. Based on multivariate and univariate analyses, physically abused children had more early developmental delays, neurologic soft signs, serious physical injuries, skin markings and scars, and stimulant drug use than their non-physically abused peers. Sexually abused children were reported to exhibit higher levels of sexual activity and stimulant drug use, and had more physical signs of genital manipulation than non-sexually abused children. These data highlight the need to further examine the impact of medical and developmental aberrations, the nature and origins of recurrent physical injuries in this population, and the extent of risk-taking in understanding the differences between physical and sexual child maltreatment.  相似文献   
664.
房屋拆迁权的滥用与预防   总被引:13,自引:0,他引:13  
蒲杰  余斌 《现代法学》2002,24(4):143-146
房屋拆迁权的行使是否合法 ,是一个被立法和理论研究遗忘的问题 ,其合法性应从实体要件和程序要件两个方面评定。拆迁行为是否符合社会公共利益 ,是判定拆迁是否符合实体要件 ,以及是否被滥用的唯一标准。公共利益的层次性 ,是解决房屋拆迁权冲突的法理依据。行政救济是房屋拆迁权合法的程序要件 ,应当在房屋拆迁前实施行政听政制度 ,并允许拆迁当事人提出行政复议和行政诉讼。  相似文献   
665.
The purpose of the present research was to test the effects of situational stress on the components of the cognitive behavioral model, including expectations, interpretations, and behavioral responses to child behaviors (Twentyman et al., 1985). It was predicted that parental abuse potential would be positively related to inappropriate expectations, to negative and internally caused interpretations of child behavior, and to negative parental responses. Second, it was expected that interpretations and responses would be more negative as child abuse potential increased. Sixteen mothers from a child abuse prevention and treatment program completed the Child Abuse Potential Inventory (Milner and Wimberly, 1980) and provided interpretations, evaluations, and responses to a set of vignettes depicting normal child behaviors. The data supported the hypotheses. As abuse potential increased, parent responses were judged as more controlling, punishing, rejecting, and aroused. High stress strengthened the magnitude of these responses. These findings were interpreted within the context of a cognitive behavioral model.  相似文献   
666.
A random sample of students at a large Midwestern University was selected in order to examine whether and how physical and sexual abuse were related to each other for men and women, whether abuse in one relationship was independent of abuse in other relationships, and how victims responded to abusive incidents. The results revealed several important patterns. When comparing the frequency of physical and sexual abuse for men and women, it was found that sexual abuse was more common than physical abuse, but only for women. Additionally, women experienced more sexual abuse than men. While men and women did not experience physical abuse in other relationships at more than chance levels, women who sustained sexual abuse in one relationship were more likely to sustain sexual abuse in other relationships. Furthermore, while sustaining physical and sexual abuse were not associated with one another for men, there was a weak association for women. Finally, victims of abuse were more likely to tell their friends they had been abused than report it to criminal justice authorities.Paper presented at the 1987 American Society of Criminology Meetings.  相似文献   
667.
This paper presents an overview of recent literature and research on elder abuse among African-Americans. Data about maltreatment of elders in the majority and minority races are presented, but persistent, unanswered questions and other issues also are raised. Characteristics of victims and perpetrators of elder abuse, the history and cultural traditions of Black families, differences between Black informal support networks and others, the phenomenon of violence and African-Americans, and concerns about access and utilization of formal support(s) are discussed. Interim recommendations are proposed.  相似文献   
668.
It is important to examine the concomitants of depressive symptoms reported by battered women because of the high frequency and potentially vulnerability-enhancing effects of these symptoms within battering relationships. In the present study, 10 environmental and behavioral skills correlates of depressive symptoms were examined in 136 battered women. The results of the Simultaneous Multiple Regression suggested that 46% of the variance in depression scores could be accounted for by scores on measures of these 10 variables. Four variables were found to be uniquely and significantly associated with depressive symptoms: self-reinforcement, realistic assessment, number of losses, and a history of depression. These results suggest that battered women who realistically assess their battering relationship and who report poor self-reinforcement skills, losses, and histories of depression may be at particular risk for depression.  相似文献   
669.
Of concern to many who study criminality of all kinds is the high level of known abuse in a climate of noninvolvement by others. The research reported in this paper clearly indicates that noninvolvement in spousal assault cases is not dependent on low levels of knowledge of the problem, as many people admit to being aware of its occurrence among relatives, friends, and neighbors. This knowledge does vary, however, by location of the respondents with strong effects of nonmetropolitan residents expressing greater knowledge of the occurrence of this violence than people living in urban areas. We find this in the context of lower levels of self-reported victimization. It could be that these lower levels reflect a reluctance on the part of nonmetropolitan women to admit to researchers that they are victims of this problem. Or, it could suggest that these women have access to a more intricate network of support from friends and family who become involved in discussing this problem with the victims and helping them to reduce its incidence.  相似文献   
670.
This study examined Axis II personality disorders and replicated dysfunctional family patterns in adult children of alcoholics (ACAs). Parental and spousal confirming and disconfirming communication patterns, and replicated physical, sexual, and emotional abuses were explored. Sixty ACAs were assessed using structured clinical interviews and self-report measures. Sixty-five percent met DSM-IIIR criteria for one or more Axis II disorders. Failure to feel confirmed (valued) by one's alcoholic parent was significantly associated with ACA Axis II disorders and alcohol abuse. Significant relationships between physical and sexual abuses and Axis II pathology were found. Replication of childhood abuse and dysfunctional communication was also noted.  相似文献   
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