The Family Court–Based Stepping Stones Model of Triage: Some Concerns About Safety,Process, and Objectives*

This article critically evaluates the recommendation that family court–based mandatory mediation incorporated in a tiered service delivery model be replaced by a mandatory screening process incorporated in a stepping stones triage model in which couples are matched with an appropriate conflict resolution proceeding. My conclusion is that implementation of this recommendation should be made contingent upon the willingness of its advocates to address concerns with the safety, process, and objectives as described herein.

Key Points for the Family Court Community:
• Domestic violence screening should be incorporated in the larger triadic process of screening–risk assessment–risk management.
• A Safety First Rule should be followed in screening couples into or out of conflict resolution proceedings.
• Screening decisions must be grounded in an empirically validated method of matching couples with appropriate conflict resolution proceedings.
• Causal mechanisms must be included as items in any risk assessment instrument used in family courts.

     

Human (In)Security and Democracy in Central America

Human security has increasingly shifted attention to the individual, while the state has become guarantor (or violator) of security given its role in governing the domestic environment. This article examines how variations in regime forms influence security, pointing to the importance of political security in the wider human security framework. To illustrate, the article examines the nature of political security in Central America, a region with weakly democratized states and histories of political violence. The findings suggest a link between democracy and human security that is mediated by state capacity and the ability to control non-state violence against individuals.     

STRUCTURAL INEQUALITY AND HOMICIDE: AN ASSESSMENT OF THE BLACK‐WHITE GAP IN KILLINGS*

This paper examines the relationship between race and violent crime by directly modeling the racial gap in homicide offending for large central cities for 1990. We evaluate the role of black‐white differences in aspects of both disadvantage and resources in explaining which places have wider racial disparities in lethal violence. The results show that where residential segregation is higher, and where whites' levels of homeownership, median income, college graduation, and professional workers exceed those for blacks to a greater degree, African Americans have much higher levels of homicide offending than whites. Based on these results, we conclude that the racial homicide gap is better explained by the greater resources that exist among whites than by the higher levels of disadvantage among blacks.     

校园性侵犯：学理与立法的分析

为积极应对和解决校园性侵犯的问题,研究不能停留在案例剖析和防范措施等现象和技术层面,而要加强学理及法理上的反思。在学理方面,国外和台湾的研究具有借鉴价值。从立法方面看,校园性侵犯具有一些独特的特点,又存在着认识上的误区,其立法还需要一个过程。     

论暴力取证罪罪名的确定及构成特征

暴力取证罪是指司法工作人员使用暴力逼取证人证言的行为。是97刑法典中的新增罪名,其罪名的确定是恰当的,此罪在客体、客观方面,主体、主观方面的特征均有争议,须予以澄清。     

Violent Sex Offenses: How are They Best Measured from Official Records?

In the United States, sexually violent predator (SVP) commitment statutes generally require assessment of an offender's risk of subsequent sexual violence. Current actuarial methods for predicting sexual reoffending were actually designed to predict something else—charges or convictions for offenses deemed sexual based on information obtained from police “rapsheets” alone. This study examined the referral and past offenses of 177 sex offenders. Results showed that police rapsheets (and data based on them) underestimated the number and severity of sexually motivated violent offenses for which sex offenders were actually apprehended. Rapsheet violent offenses seemed a more accurate index of the conduct addressed by SVP legislation than were rapsheet sex offenses. We suggest that, when evaluating sex offenders for SVP status, actuarial instruments designed to predict violent recidivism (as measured by rapsheet violent reoffenses) might be preferable to those designed to predict sexual recidivism (as measured by rapsheet sexual reoffenses).

Identification of human semenogelin in membrane strip test as an alternative method for the detection of semen

Semenogelin (Sg), a protein originating in the seminal vesicles and a substrate for prostate specific antigen (PSA or p30), is a useful marker for the identification of semen. And detection of Sg has been available commercially in a membrane test recently. PSA is commonly used to detect semen in forensic significant samples taken from sexual assault cases. The strip PSA test has been available commercially from various manufacturers for many years. In this study, we evaluated two immunochromatographic membrane tests, one for Sg and the other for PSA by analyzing human semen, other human bodily fluids/materials including urine, blood, saliva, sweat, breast milk, vaginal secretion and fecal materials, semen from various animals and forensic casework samples. The data demonstrate that both Sg and PSA strip tests provide rapid and sensitive method for identification of seminal plasma. These results show that the immunochromatographic method for Sg detection is useful for the identification of seminal plasma in forensic samples, an alternative to the method for PSA detection.     

High road in regulating online child pornography in South Africa

Online child pornography is a repulsive reality which cannot be ignored; the biggest child pornography manufacturing ring in South African history was cracked with the arrest of eight family members. There are more than 116 000 Internet searches daily for child pornography. Pornography is no longer confined to consenting adults, children are not only being exposed to pornographic material but are increasingly being used as victims of child pornography. In South Africa, the Internet and Cell phone Pornography Bill tabled in 2010 aims to make it illegal for Internet and mobile phone service providers to distribute pornography or permit it to be distributed. The objective of the Bill is to protect children from child pornography and women from the indignity of being seen as objects of pornography. This paper takes as its focal point the continuing crisis which centres on the conceptual framework, the existing legislation regulating online child pornography and measures to curb infringement.     

After Waterhouse: vicarious liability and the tort of institutional abuse

As evidence of the extent of the abuse of children in residential care increases, our understanding of this terrible wrong has altered. These assaults are an institutional syndrome, at the same time that they are individual crimes; certain systems of institutional care are conducive to/foster abuse behaviour (acting as 'crucibles' rather than 'honeypots'for rogue paedophiles). A theory of vicarious (institutional) liability is appropriate if we understand a syndrome of institutional abuse in this way, as involving institutional responsibility in addition to individual fault. The recent decision of the Canadian Supreme Court in Bazley v Curry found a children's home vicariously liable for sexual assaults of an employee on the basis of responsibility through the creation of risk, an analysis of and apportionment of liability which is appropriate to the special syndrome of institutional abuse, while encouraging deterrence and providing fair and practical compensation to victims. This analysis/liability is supported by an economic analysis of institutional child abuse and decision making in child protection.