论司法言谈笔录缺席的语境

司法言谈笔录文本将客观事实“转化”成语言存留时,分割了司法视角的阅读人和客观言谈语境的共时性。法律的规制和司法便利功能、记录人员选材和文字表达差异造成司法言谈笔录中某些语境的缺席。只要真正做到将事实与价值分离,其缺席语境就会自然恢复。     

Cross-national comparison of homicide: Age/sex-adjusted rates using the 1980 U.S. homicide experience as a standard

Cross-sectional studies of crime have typically relied on crude crime rates when making comparisons between countries. Crude rates control for population size but implicitly assume that all members of the population are equally at risk. Empirical studies have shown that, cross-nationally, risk varies by age and sex. Standardization of crime rates removes the confounding effects of variable age and sex population distributions. Since age/sex-specific crime rates are generally unavailable for many countries, the method of indirect standardization is the most desirable technique. Age/sex-adjusted homicide rates for 76 countries are presented, and two comparative measures are suggested. It is shown that while the United States has a higher homicide rate than all but 15 countries; in most cases, the magnitude of the difference, not controlling for age/sex differences, is overestimated. Crude rates underestimate differences between the United States and countries with higher rates of homicide.     

THE INTERACTION OF ANTISOCIAL PROPENSITY AND LIFE‐COURSE VARYING PREDICTORS OF DELINQUENT BEHAVIOR: DIFFERENCES BY METHOD OF ESTIMATION AND IMPLICATIONS FOR THEORY*

Recent criminological research has explored the extent to which stable propensity and life‐course perspectives may be integrated to provide a more comprehensive explanation of variation in individual criminal offending. One line of these integrative efforts focuses on the ways that stable individual characteristics may interact with, or modify, the effects of life‐course varying social factors. Given their consistency with the long‐standing view that person–environment interactions contribute to variation in human social behavior, these theoretical integration attempts have great intuitive appeal. However, a review of past criminological research suggests that conceptual and empirical complexities have, so far, somewhat dampened the development of a coherent theoretical understanding of the nature of interaction effects between stable individual antisocial propensity and time‐varying social variables. In this study, we outline and empirically assess several of the sometimes conflicting hypotheses regarding the ways that antisocial propensity moderates the influence of time‐varying social factors on delinquent offending. Unlike some prior studies, however, we explicitly measure the interactive effects of stable antisocial propensity and time‐varying measures of selected social variables on changes in delinquent offending. In addition, drawing on recent research that suggests that the relative ubiquity of interaction effects in past studies may be partly from the poorly suited application of linear statistical models to delinquency data, we alternatively test our interaction hypotheses using least‐squares and tobit estimation frameworks. Our findings suggest that method of estimation matters, with interaction effects appearing readily in the former but not in the latter. The implications of these findings for future conceptual and empirical work on stable propensity/time‐varying social variable interaction effects are discussed.     

GENDER AND ADOLESCENT RELATIONSHIP VIOLENCE: A CONTEXTUAL EXAMINATION*

A growing body of research examines the problem of adolescent dating violence. In these studies, fairly high rates of female‐to‐male violence have been documented, leading to considerable debate about the role of gender in dating and other partner violence. Drawing from a broader qualitative study of violence in the lives of African‐American youths from a distressed urban community, we weigh in on this debate by providing a contextual examination of the nature, circumstances, and meanings of adolescent dating violence. Our research shows that the meanings and consequences of girls ‘violence are strikingly different than those of boys’, and that both are grounded in gender inequalities. We conclude by discussing the significance of these findings for both feminist and general research on dating violence.     

The Relationships Between Childhood Sexual Abuse,Social Anxiety,and Symptoms of Posttraumatic Stress Disorder in Women

The relationships between childhood sexual abuse, social anxiety, and symptoms of posttraumatic stress disorder were examined in a sample of 313 undergraduate women. Thirty-one percent of the women reported some form of sexual abuse in childhood. Women with a history of sexual abuse reported more symptoms of anxiety, distress in social situations, and posttraumatic stress disorder than other women. Women who experienced attempted or actual intercourse reported more avoidance than women with no history of abuse and women with exposure only, and more PTSD symptoms than all other groups of women. Women who experienced fondling reported more PTSD symptoms than women with no history of abuse. Pressure, age of onset of abuse, abuse by a family friend, and abuse by other perpetrators were all significant abuse characteristics in predicting adult social anxiety. Implications of these results for research and interventions are discussed.     

An Alternative Approach to Estimating Who is Most Likely to Respond to Changes in Registration Laws

Scholars often seek to understand which individuals are most responsive to the change in some treatment. Such work inevitably faces issues of identification. When the dependent variable is binary, the assumption that the largest effect occurs where p = 0.5 is also encountered. I apply Manski’s [(1995). Identification problems in the social sciences. Cambridge: Harvard University Press] non-parametric Bounds approach, which relaxes the functional form and distributional assumptions found in traditional models, in an attempt to resolve the long standing debate on which types of individuals are most affected by changes in registration laws. Under the standard assumption that treats the selection of registration laws as exogenous, the results revise the current understanding. By exploring the power of various behavioral assumptions, new insights into the study of policy changes emerge, calling into question some of the assumptions that are standard in the literature.

Media Priming in a Multi-Party Context: A Controlled Naturalistic Study in Political Communication

This study investigates media priming effects in the context of a Summit meeting of European Union (EU) leaders. It differs in four ways from most previous non-experimental priming studies: (1) it provides survey data accompanied by a content analysis of the news, (2) it compares priming effects on evaluations of a number of political leaders, who differed in their visibility in the news, (3) it involves an issue with low salience, and (4) it studies priming effects in the context of a European Parliamentary democracy. The study involves a two-wave panel study (before and after the Summit) on a representative sample of 817 Dutch adults, and a content analysis of the newspaper and television news in the 8 weeks leading up to the Summit meeting. The study shows that media priming effects occur only for the politicians who appeared visible in the news in connection with the issue. The media priming effects were not significantly moderated by political attentiveness or by political knowledge. We also explore the aggregate level consequences of priming for the popularity of leaders, and demonstrate that, as a result of media priming, two politicians became more popular, despite having received a bad press.

羁押必要性之检察审查制度的程序构建

检察审查羁押必要性的适用对象是修正后的刑事诉讼法第79条第一款的被羁押者。审查程序的启动可以是检察机关依据职权审查,也可以是依据被羁押者或其近亲属、法定代理人、其委托的辩护律师申请而进行审查。间隔性审查的期限以60日为宜。审查的方式是对席制和书面调查制,根据不同的方式采取不同的程序。检察审查后作出的无羁押必要的决定应该具有程序效力,但修正后的刑事诉讼法并没有规定该决定的程序执行效力。这在以后的司法实践中可能出现羁押必要性审查制度虚置的现象。     

Voter sincerity and the time-of-voting-decision

This article explores the relationship between vote sincerity and the time at which vote decisions are finalized. It posits that a specific set of competitive circumstances are necessary for insincere voting to occur, and that voters' understanding of these circumstances can be influenced by exposure to information during a campaign. The article introduces a new method of operationalizing a commonly overlooked type of insincere voting: the protest voter. As defined here, protest voters express their political dissatisfaction by supporting an uncompetitive non-traditional party that is not their first preference. Canadian Election Study data reveal that protest voters make up a small, but noteworthy segment of the electorate and that insincere voters tend to make their vote decisions relatively late.     

Campaigns and the prediction of election outcomes: Can historical and campaign-period prediction models be combined?

There are two approaches to predicting election outcomes: (1) a historical approach, which uses past election results alongside macroeconomic and political variables to forecast election results up to a year in advance, and (2) a campaign-oriented approach, which uses current campaign trends to forecast vote shares at the end of the campaign. They are in some way at odds—one approach says the campaign doesn't matter, the other focuses entirely on the campaign. This article considers whether the two approaches might be usefully combined; it considers whether the prediction errors in historical models may be related to trends during the campaign. That possibility is tested here using 17 elections in the US, UK and Canada, combining historical predictions and automated content analyses of campaign-period media content. Results suggest that campaigns do not account for errors in the historical predictions; but there may be other ways in which campaigns matter in conjunction with historical models.