刑事抗诉实证研究——以海淀区人民检察院五年来的刑事抗诉案件为视角

本文依托北京市海淀区人民检察院近五年来的抗诉实践,在比较借鉴国外部分国家刑事抗诉制度的基础上,对我国目前的刑事抗诉制度及实践中存在的问题进行梳理,进而提出了完善我国的刑事抗诉制度的合理化建议。     

Why was apparent evidence ignored? The delayed relaxation of China's birth control

The ideal of evidence-based policy making (EBPM) may be hindered by delayed policy response to disclosed evidence. This article adopts Allison's three-lens decision-making framework to highlight technical, organizational, and political causes of delayed policy responses to apparent evidence. The study uses China's birth control policy as a case to examine the lag of policy adjustments. Although ample supply of evidence suggested earlier relaxation of China's one-child policy, major adjustments only happened after 2013 and failed to achieve significant results. The study indicates that a politics-informed EBPM approach may better position the role of evidence in policy processes by taking into consideration the unavoidable influences of institutions and politics.     

The logic of regulatory impact assessment: From evidence to evidential reasoning

Agencies involved in generating regulatory policies promote evidence-based regulatory impact assessments (RIAs) to improve the predictability of regulation and develop informed policy. Here, we analyze the epistemic foundations of RIAs. We frame RIA as reasoning that connects various types of knowledge to inferences about the future. Drawing on Stephen Toulmin's model of argumentation, we situate deductive and inductive reasoning steps within a schema we call the impact argument. This approach helps us identify inherent uncertainties in RIAs, and their location in different types of reasoning. We illustrate the theoretical section with impact assessments of two recent legislative proposals produced by the European Commission. We argue that the concept of “evidence-based regulatory impact assessment” is misleading and should be based on the notion of “regulatory impact assessment as evidential reasoning,” which better recognizes its processual and argumentative nature.     

Taking Stock of Drug Courts: Do They Work?

ABSTRACT

Although researchers, policymakers, and practitioners alike have long known about the established link between substance abuse and criminal behavior, criminal justice agencies in the United States are still tasked with managing an influx of individuals who display symptoms of abuse and dependence. By the late 1980s, the drug court model emerged as an innovative response to this problem, and this reform has since proliferated to such an extent that it is the most common type of problem-solving court in America. Still, there remains much variation in how drug courts are implemented across jurisdictions, which can have strong implications for the outcomes among the courts’ participants. In this review, we summarize the key research on drug court implementation, followed by an assessment of whether they can be said to “work” in terms of reducing criminal behavior and relapse among adults. We conclude that the model remains an evidence-based practice and suggest some directions for future work, including increased emphasis on theory and causal dynamics and key measurement issues.     

FOSTERING RESILIENCE IN THE AFTERMATH OF DIVORCE: The Role of Evidence-Based Programs for Children

The negative impact of divorce is a concern with far-reaching ramifications for children's well-being. This article reviews divorce-related risks and protective factors that provide an empirical guide for the content of effective programs for children. The promising potential of child-focused interventions is highlighted, including examples of programs with evidence of effectiveness. The Children of Divorce Intervention Program is described in greater detail as an example of a preventive program with six controlled studies documenting multiple benefits to children, including reductions in anxiety, behavior problems, somatic symptoms, and increases in their healthy adjustment at home and at school. A vision for future research and practice is discussed, including best practices for adapting children's programs to court-connected services and a paradigm shift involving systematic preventive outreach to all separating parents with minor children, before difficulties become rooted and chronic.     

循证医学与循证法医学

循证医学已经在医学领域迅猛发展起来,本文在简介了循证医学之后提出了循证法医学的概念,指出循证法医学应该得到重视和发展。     

The Transportability of Contingency Management in Problem-solving Courts

Problem-solving (PS) courts continue to proliferate throughout the country, providing an ideal setting for understanding the factors affecting the use of rewards, a key part of one evidence-based practice (EBP), contingency management (CM). This study uses the concept of transportability to explore how justice practitioners implement CM. Based on roughly 400?h of ethnographic fieldwork, conducted over 34?months in six PS courts, we examine the implementation and adaptation of CM. While decisions to adopt and implement practices are concentrated at the managerial level of organizations, the implementation processes used by frontline workers provide key insight into how EBP may become an everyday workplace practice. This study finds frontline workers adapting CM principles to their environments. While it might appear as though CM implementation strays from the original evidence-based construct, local adaptations provide a foundation for understanding the factors that affect the transportability of CM into routine practice.     

Dating hot spot to fraud hot spot: Targeting the social characteristics of romance fraud victims in England and Wales

Research Summary

We found that romance fraud was rising year-on-year across every region in England and Wales, increasing 55% during the 3 years between October 2018 and October 2021. Fifty percent of all the romance fraud victims in the period resided in 17% of the places where romance fraud had occurred. A total of 439 locations (outward postcode areas) were identified as the “power few” in the first year of the data set. Of these 439 locations, 162 of them recurred in both of the following years, becoming chronic “hot spot” locations containing more than one in six of all reported romance fraud victims. The demography of victims in repeat locations differed considerably, but hot spots were more frequently predominantly populated by less affluent populations.

Policy Implications

We conclude that the current national one-size-fits-all fraud prevention approach may not be the most efficient or effective way to reach those victims who most require crime prevention advice. The National Fraud Intelligence Bureau, based in the City of London Police, could adopt a tailored approach to providing preventative information to local police forces based on the year-to-year patterns in crime and the associated intelligence provided by sociodemographic data sources such as Acorn.     

Components of the Solution-Based Casework Child Welfare Practice Model That Predict Positive Child Outcomes

While a number of studies have shown the efficacy of the solution-based casework (SBC) practice model for child welfare (e.g., Antle, Christensen, van Zyl, & Barbee, 2012 Antle, B. F., Christensen, D. N., van Zyl, M. A. & Barbee, A. P. (2012). The impact of the Solution Based Casework (SBC) practice model on federal outcomes in public child welfare. Child Abuse & Neglect, 36, 342–353.[Crossref], [PubMed], [Web of Science ®] , [Google Scholar]), the current analysis examines the top ranked behaviors in cases reaching outcomes of safety, permanency, and well-being in both high adherence and low adherence cases. Sixteen top behaviors seem to have the greatest impact on outcomes, all of which are key to the three major theoretical orientations utilized in SBC. Thus, these results not only narrow in on the key behaviors that drive success in the practice model, but also shows the utility of the theoretical underpinnings of the practice model.