心证自由的层次性分析及其客观化制约

心证自由有两个层次 ,即狭义上的心证自由和广义上的心证自由。自由心证制度将会受到更多制约是大势所趋。其主要受心证主体客观条件、诉讼程序内在规律、证据法律规则、经验和逻辑规则、心证公开制度的制约。要使自由心证制度在我国走向理性化、规范化必须提高法官队伍的素质 ,改革审判委员会制度和错案追究制 ,推动我国现有诉讼模式尽快向当事人主义过渡 ,并切实保障心证过程公开化     

The Courts,Intimate Partner Violence and Mental Illness: The Case of Dwight Lamon Jones

Through the lens of the high-profile spree killing perpetrated by Dwight Lamon Jones in 2018 in Phoenix, Arizona, this article examines the way the criminal and civil courts grappled with assessing the significance, extent, and outcome of the IPV and abuse directed at Dr. Connie Jones, Dwight Jones’s former wife. The case is unusual, not least because Dr. Jones had an upper middle-class income and numerous resources IPV victims do not normally enjoy. Nevertheless, she felt the courts let her family down. Journalists, victim advocates, and others also criticized the Arizona courts. The article outlines the spree killing and the criticisms of the courts, narrates Jones over a period of nine years including the IPV and mental illness, and, through the work of the Study Committee convened by Arizona Chief Justice Bales, explores the potential use of IPV risk assessments in the courts, particularly the family court, and related matters. It concludes with recommendations regarding possible preventive interventions in IPV cases, including those addressing mental illness.     

Being women in a male preserve: an ethnography of female football ultras

This article looks at the characteristics of contemporary sports audiences from the perspective of gender, focusing on the phenomenon of female ultras or ‘professional’ football fans. Drawing on ethnographic research conducted in an Italian football ultras group composed of male and female fans, this paper offers an analysis of female participation in communities of organized supporters. In examining the role and position of women inside the considered group, the paper pays attention to their perception of the existing gender differences showing how female ultras explain inequalities on the basis of ‘natural’ and ‘innate’ differences and capacities between men and women. Existing patterns of male dominance are supported by female fans’ own discourses and performance of their gender identity in the ‘male preserve’. Rather than questioning male dominance and gender hierarchies, female supporters’ efforts appear aimed at being recognized as ultras ‘despite being women’.     

Suicidal Ideation Among Women Court-Referred to Batterer Intervention Programs

Identifying the prevalence and correlates of suicidal ideation in women mandated to batterer intervention programs is necessary to prevent suicide in this greatly understudied population. This study used cross-sectional, self-report survey methodology to identify the prevalence and correlates of suicidal ideation among 79 women attending batterer intervention programs. Of the sample, 33% reported experiencing suicidal ideation during the two weeks prior to entering the program. Multiple linear regression analysis indicated that (while controlling for number of batterer intervention sessions attended) symptoms of depression and borderline personality disorder, but not symptoms of antisocial personality disorder, were associated with suicidal ideation.     

Predictors of Physical Spousal/Intimate Violence in Chinese American Families

A total of 262 Chinese Americans (133 males and 129 females) were randomly selected from the Los Angeles County telephone directory using Chinese surnames as the identifying marker. A structured telephone interview was administered measuring respondents' gender role beliefs, acculturation, sociodemographic factors, and their victimization experiences with physical aggression by a spouse or intimate partner. Contrary to the feminist literature on domestic violence, gender role beliefs was not related to physical intimate violence. Acculturation, however, significantly predicted severe physical violence experienced during respondents' lifetime. Whether respondents were employed also predicted lifetime minor forms physical violence by a spouse/intimate partner. Findings are discussed in a cultural context, and social work practice and research implications are also highlighted.     

El aleph de memorias y los modos de documentar la división de Corea en la contemporaneidad

The aftermath of the Korean War (1950–1953), the North Korean refugees and political prisoners in the South, the separation of families, and others painful traces of the division of Korea (1945), have occupied a central place in South Korean cinema. However, for decades, the cinematic representations of the ideological conflict did not take into account the way in which violence and horror struck the Korean diaspora. The presence of these memories in Our School (2006) and Grandmother's Flower (2008) has produced a new challenge to the ways of seeing and narrating the historical memories in visual images. In this article, I will focus on revealing the values of the past in terms of memory space. I suggest a reading from a peculiar understanding of violence, oppression and discrimination. By comparing these two acclaimed films, I have attempted to rethink the boundaries and dispute processes of appropriating historical traumas and its relation to the multiple locations of historical memories.     

Transing the small screen: loving and hating transgender youth in Glee and Degrassi

The teen television shows Glee (2009-) and Degrassi (2001-) are notable for diversity in gender and sexuality representations. Glee represents a variety of masculine women and feminine men as well as gay, lesbian, and bisexual characters. Likewise, Canada's Degrassi franchise has portrayed non-heterosexual characters in significant and controversial ways. Its most recent incarnation, Degrassi (previously Degrassi: The Next Generation) is discussed in this article, alongside Glee, in relation to their recent inclusions of two transgender-identified teenagers bringing transgenderism to the fore of these programmes' discussions of gender and identity. As trans youth are highly vulnerable due to both systemic ageism and cisgenderism, it is not surprising that both detail narratives of discrimination and assault driven by bigotry and ignorance. Conversely, they also explore more positive aspects of the lives of young people, such as friendship and romance (even as these cause their own problems at times), also enjoyed by trans youth. As such, the themes of ‘love’ and ‘hate’ manifest in interesting ways in both of these televisual texts and guide this article's analysis. While challenging assumptions that trans lives are governed by negative emotional states, these representations continue to reify stereotypes, not only of transness, but also of boyhood, girlhood, race and their intersections. Both representations are grounded in material and emotional journeys (or movements) and the concept of the ‘moving body’ (Keegan, 2013 Keegan, C. M. (2013). Moving bodies: sympathetic migrations in transgender narrativity. Genders, 57. Retrieved from http://www.genders.org/g57/g57_keegan.html. [Google Scholar]) partly informs these readings. The privileging of certain modes of trans personhood and embodiment over less normative (unseen, unacknowledged, and thus invisible) ones is at stake in these representations, but they also lay the groundwork for diverse future depictions. By addressing this gap in research, this article elucidates how gender (diversity) is being constructed for consumption on adolescent television and its potential for (re)thinking trans/gender, identity, and embodiment for young people in contemporary Western societies.     

Adolescent Sexual Activity: Links Between Relational Context and Depressive Symptoms

Little is known about the impact of the relational context of adolescent sexual activity on depressive symptoms. The present study examined trajectories of depressive symptoms among 6,602 adolescents (44% male, 60% White) taken from a nationally representative study (Add Health). Sexually active youth in romantic and casual relationships were first compared to virgins and then to each other by relational context. Longitudinal, multilevel models examined differences in the course of depressive symptoms based on sexual activity separately by gender and age group (ages 12–14 and 15–18). Results indicated that when compared to virgins, any differences in depressive symptoms by relational context of sex were present prior to youth’s sexual debut. The few significant differences found between youth who had sex in romantic relationships verses those who had casual sex were present before sexual initiation and not maintained over time, suggesting that casual sex in adolescence is not associated with long-term risks for depressive symptoms.

Teachers as Builders of Respectful School Climates: Implications for Adolescent Drug Use Norms and Depressive Symptoms in High School

Positive school climates have been found to have favorable effects on adolescent health risk behaviors and mental health outcomes. However, the mechanisms by which teacher behavior may promote such effects in high schools have not been extensively studied. Based on social control theory and a social developmental-contextual model, it was predicted that by respecting students’ points of view and decision making capabilities, teachers can help build respectful school climates that encourage healthy norms of behavior. Structural equation modeling with a nationally representative sample of 476 youth ages 14–18 supported the model. Adolescents who reported higher teacher support and regard for student perspectives in their high schools were more likely to see their schools as having respectful climates and healthy norms of drug use which was associated with lower levels of personal drug use. Students in such schools also reported greater social belonging and fewer symptoms of depression.