An Archival Analysis of Actual Cases of Historic Child Sexual Abuse: A Comparison of Jury and Bench Trials

Logistic regression analyses were used to predict verdicts from 466 Canadian jury and 644 Canadian judge-alone criminal trials involving delayed or historic allegations of child sexual abuse. Variables in regard to the complainant and offence were selected from the legal, clinical, and experimental literatures, including mock juror research. Of six variables that had been related to decisions reached in mock juror research concerning delayed allegations of child sexual abuse (i.e., repressed memory testimony, involvement in therapy, length of delay, age of complainant, presence of experts, and frequency of abuse) two (age of complainant and presence of expert) predicted verdicts. An additional five variables (duration, severity, complainant–accused relationship, threats, and complainant gender) were also examined: of these, threats and the complainant–accused relationship reliably predicted jury verdicts. For judge-alone trials, five variables predicted verdict: length of the delay, offence severity, claims of repression, the relationship between complainant and accused, and presence of an expert. Implications of the jurors' and judges' differential sensitivity to these variables for future simulation and archival research are discussed.     

控制下交付论纲

控制下交付作为打击毒品犯罪尤其是跨国的有组织的毒品犯罪的重要措施和手段 ,已发挥出越来越重要的作用 ,是其他缉毒措施和手段所无法取代的。有鉴于此 ,世界各国纷纷通过有关法律对控制下交付予以肯定和规范 ,并积极地运用于缉毒斗争中 ,取得了显著的成效。但是控制下交付的艰巨性和复杂性又决定了运用该项措施必须注意策略与方法 ,否则极易功亏一篑 ,导致不利局面的出现     

Expert Evidence As Context: Historical Patterns and Contemporary Attitudes in the Prosecution of Sexual Offences

In H.M. Advocate v. Grimmond ¹ the judge in a Scottish High Court trial refused permission for expert psychological evidence to be admitted on behalf of the Crown in a prosecution involving sexual offences against two children. The Crown had sought to lead an expert witness to explain to the jury about patterns of disclosure in child sexual abuse cases. The case was remarkable, not so much for the strict application of the longstanding rule in R. v. Turner that constrains the use in the courtroom of expert evidence from the behavioural sciences, but for the way in which the arguments presented by the Crown in Grimmond resonate with enduring feminist critiques regarding the treatment of women in rape trials. The theoretical issues raised by the decision include the quest for context to counter rigid evidential frameworks, and the choice of a child sexual abuse case as the medium for challenging the boundaries of the admissibility of expert evidence in the courtroom. The ramifications of Grimmond are tangible as legislation intended to benefit children and women has already been enacted by the Scottish Parliament to ameliorate the effects of the decision. This article suggests that while this legislation should be given a cautious welcome it remains to be seen whether the heralded benefits will actually materialise. This revised version was published online in July 2006 with corrections to the Cover Date.     

"三个代表"与"三个考验"

“三个代表”的重大意义和生命力在于对“建设一个什么样的党、怎样建设党”这一现实问题,对“三个考验”的挑战作出了适时而有力的回答。     

The Effect of Temperature and Laboratory Rearing Conditions on the Development of Dermestes maculatus (Coleoptera: Dermestidae)

Experiments were conducted to study the life cycle of Dermestes maculatus and to establish the total developmental time and the developmental time of immature stages, in relation with six different temperatures. We also analyzed the variations in size, morphology, and other indicators of temporal variation during life cycle of D. maculatus, in relation with temperature. One hundred larvae were selected per experiment, reared individually. The remaining larvae were reared to evaluate and establish temporal variations among the instars (length, cephalic width, and dry weight). In all trials, survivorship was greater than 50% and seven larval instars were found. Data of the average developmental time of immature stages and of the total cycle, at different temperatures, are provided. This is of relevance when estimating particularly, a minimum PMI. No relation between morphometric parameters and temperature was found, suggesting that other random factors may have been involved. Thus, this indicates that the method of isomegalen diagrams could not be used for calculating PMI.     

Trials,lustration, and clean elections: the uneven effects of transitional justice mechanisms on electoral manipulation

Transitional justice aims to promote democratization, but previous research has found that it has mixed effects. We address this puzzle by focussing on how transitional justice affects a necessary condition for democracy: clean elections. We test for the effects of four transitional justice mechanisms – truth commissions, lustration policies, amnesties, and trials – on two different types of electoral manipulation, using data from 187 post-transition elections held in 63 countries around the world from 1980 to 2004. We find that post-transition trials limit illegal forms of electoral manipulation, such as vote-buying and falsification of results, but have no effect on legal forms of manipulation. By contrast, lustration policies limit legal manipulation tactics, like intimidation and harassment of opponents by the security services, but do not affect illegal tactics. By showing that different aspects of transitional justice can have varying influence on electoral integrity, this project improves understanding of the mechanisms that link transitional justice and democratization.     

idPAD: Paper Analytical Device for Presumptive Identification of Illicit Drugs

As drug overdose deaths across the United States continue to rise, there is increasing interest in field testing of illicit substances. This work discusses a paper-based analytical device (idPAD) that can run a library of 12 colorimetric tests at the same time, each detecting different chemical functional groups and materials found in illicit drugs, distractor substances, and cutting agents. The idPAD requires no electricity, costs less than $2 USD, and requires minimal training to operate. The results of the 12 tests form a color barcode which is “read” by comparison to standard images. The accuracy of the idPAD was assessed using samples of heroin, cocaine HCl, crack, and methamphetamine at concentrations of 25%–100% in a lactose matrix, as well as pure lactose. Based on 840 “reads” by three different users, the idPAD showed 95% sensitivity and 100% specificity for detecting these drugs; the most common error was mistaking cocaine HCl for crack or crack for cocaine HCl. In a second step, samples of heroin, cocaine, and methamphetamine (n = 30) and distractor substances (pharmaceuticals, cutting agents, and other illicit drugs, n = 64) were tested by two readers, yielding a sensitivity of 100% and specificity of 97%. Targeted substances were detected reliably at 55–180 μg/lane, and the idPAD was found to be stable for at least 3 months when stored at room temperature. The library approach used in the idPAD may provide the accuracy and robustness necessary for a presumptive field drug test.     

司法鉴定行政与司法视角的边界——民诉证据司法解释鉴定内容的思考

2019年12月26日,最高人民法院发布了《关于修改〈关于民事诉讼证据的若干规定〉的决定》,备受司法界关注。其中,涉及司法鉴定的条款达24条之多,笔者结合《司法鉴定程序通则》,对相关内容予以了梳理与比较,揭示了民事证据规定给司法鉴定带来的变化与问题。民事证据规定重点规制了司法鉴定启动、受理、鉴定人出庭接受质询、鉴定人诚信承诺、鉴定人权利保障,鉴定人的出庭义务、遵守鉴定时限的义务,以及围绕鉴定资料的真实性、合法性方面的规定,以期保障鉴定质量。与此同时,民事证据规定也带来了管理上的边界之争的问题,包括司法鉴定行政管理部门与法院之间、法院与司法鉴定机构之间,以及法官与鉴定人之间权利义务的边界之争与之推,司法鉴定呈现多头管理已见端倪。本研究直面司法鉴定发展中的问题,建议尽早启动司法鉴定立法工作,强化鉴定意见的法庭质证,明确虚假鉴定的认定标准,梳理鉴定多头管理乱象等等,希望可以对司法鉴定制度的改革有所裨益。     

Experiments and evaluation of public policies: Methods,implementation, and challenges

Evidence-based policymaking is all about developing and implementing better public policies. Although the logic underpinning this philosophy is simple, the practicalities of demonstrating causal effects of a public policy are much more complex. In recent years, there has been a wave of optimism about the usefulness of experimental approaches to public policy evaluation which mimics the clean, causal inferences observed in clinical trials. Although these methods, such as randomised controlled trials, have been widely advocated and implemented, they are not without their potential problems. In this paper, we consider the strengths, weaknesses, and challenges posed by the revolution in policy evaluation brought about by embracing experimental methods.