远程审判的程序正当性考察——以交往行为理论为视角

目前来看,远程审判具有实践上的正当性,而欠缺历史的正当性,在形式正当性上也不完备。我们考察远程审判的正当性时,应超越形式的正当性标准,而深入到实质正当性的层面。在实质正当性的层面,又要超越实践正当性与历史正当性的分歧,而在纯粹正当性层面来进行分析。由于诉讼在本质上乃是法律世界的主体化解异议的交往行为,因此我们应从交往行为所依赖的理想言谈情境出发,来分析远程审判的程序正当性问题。理想言谈情境要求主体的言语行为符合四个有效性要件,根据这四个有效性要件,我们可以建立诉讼程序的纯粹正当性标准。以此标准进行衡量,远程审判在程序上大体符合纯粹正当性的要求,但是也有个别具体障碍需要消除。     

论控制下交付侦查模式的适用范围和实施步骤

我国2012年3月通过的新《刑事诉讼法》第151条第2款规定:"对涉及给付毒品等违禁品或者财物的犯罪活动,公安机关根据侦查犯罪的需要,可以依照规定实施控制下交付。"但并未对控制下交付的具体含义及其适用范围作出详细的规定与阐释。{因此,很有必要从法律渊源、国际公约的演进视角进行研究,总结出控制下交付实施的具体适用范围,并对控制下交付的实施步骤作出相应探究。     

论毒品案件侦查中控制下交付与诱惑侦查的异同

在毒品犯罪案件中,控制下交付和诱惑侦查是常用的侦查措施,对抓毒枭,打网络,摧毁毒品地下工厂意义重大。两者在我国的法律法规中均未有明确的规定,对于两者的研究与规范也是鲜有人问津,实践中常有人把两者混淆。对其进行比较分析其异同,对于进一步认识实践中的法外侦查行为,以及推动侦查行为的法制化和人性化将有重要的意义。文中将主要以毒品犯罪案件侦查为例,试对这两种侦查措施的特点进行分析、比较研究。     

Utilizing a magnetic locator to search for buried firearms and miscellaneous weapons at a controlled research site

Forensic personnel generally use basic all-metal detectors for weapon searches because of their ease of use and cost efficiency. For ferromagnetic targets, an alternative easy to use and low-cost geophysical tool is a magnetic locator. The following study was designed to demonstrate the effectiveness of a common, commercially available magnetic locator in forensic weapon searches by determining the maximum depth of detection for 32 metallic forensic targets and testing the effects of metallic composition on detection. Maximum depth of detection was determined for 16 decommissioned street-level firearms, six pieces of assorted scrap metals, and 10 blunt or bladed weapons by burying each target at 5-cm intervals until the weapons were no longer detected. As expected, only ferromagnetic items were detected; weapons containing both ferromagnetic and nonferromagnetic components were generally detected to shallower depths. Overall, the magnetic locator can be a useful addition to weapon searches involving buried ferromagnetic weapons.     

Index of Reviewers for 2005

Drawing upon literature from developmental criminology and place‐based policing, the Redlands, California Police Department developed the Risk‐Focused Policing at Places (RFPP) approach to preventing and reducing juvenile delinquency. The RFPP program is a community‐oriented policing and problem‐solving strategy that targets risk and protective factors related to delinquency and problem behaviors of youths living in census block group areas. We used a matched block randomized experimental design to evaluate the effects of the program on youths living in 26 census block groups in Redlands. We find that the RFPP program did not influence self‐reported delinquency, or perceptions of risk and protective factors and police legitimacy. We argue that the primary explanation for the absence of a program effect centers on the unit of analysis used for the program. The census block group is too large a geographic unit of analysis to achieve the kind of targeted and focused interventions that lead to positive crime‐prevention outcomes.     

论死刑案件①附带民事诉讼调解制度的改造完善——在死刑控制背景下

在死刑核准权收归最高人民法院统一行使及严格控制死刑适用的背景下，人民法院依法对死刑案件中的民事赔偿问题开展附带民事诉讼调解工作。现行附带民事诉讼调解制度存在调解仅在审判阶段实施、法官占绝对主导地位以及调解协议约束力弱等问题。为此，应对死刑案件附带民事诉讼调解制度作相应改造，将法院的调解工作延伸到侦查、起诉阶段，建立调解申请机制，建立委托调解或协助调解制度，明确调解协议在法律上的性质及效力范围。     

Ex-offender employment programs and recidivism: A meta-analysis

One consequence of the tremendous growth in the number of persons under supervision of the criminal justice system, whether incarcerated, on parole, or on probation, is the effect of this criminal history on finding and keeping a job. Ex-offenders, especially those recently released from prison, face substantial barriers to many types of legal employment; nonetheless, stable employment is one of the best predictors of post-release success. Thus, policy-makers concerned about high recidivism rates face an obvious need to improve the employment prospects of ex-offenders. Over the last 25 years, many programs that were designed to increase employment (and, by so doing, reduce recidivism) among ex-offenders have been implemented and evaluated. [Wilson, D. B., Gallagher, C. A., Coggeshall, M. B. & MacKenzie, D. L. (1999). Corrections Management Quarterly 3(4), 8–18; Wilson, D. B., Gallagher, C. A. & MacKenzie, D. L. (2000). Journal of Research in Crime and Delinquency 37(4), 347–368] conducted a quantitative synthesis and meta-analysis of 33 evaluations of educational, vocational, and work programs for persons in correctional facilities. To date, however, the evaluation literature on employment programs for those with a criminal record who are not in custody has not been systematically reviewed. This paper presents the results of a quantitative meta-analysis of eight random assignment studies of such programs, using the Campbell Collaboration methodology. The results indicate that this group of community employment programs for ex-offenders did not reduce recidivism; however, the experimental design research on this question is small and does not include some of the promising community employment programs that have emerged in the last decade.     

Randomized experiments as the bronze standard

In this paper, the strengths and weakneses of randomized field experiments are discussed. Although it seems to be common knowledge that random assignment balances experimental and control groups on all confounders, other features of randomized field experiments are somewhat less appreciated. These include the role of random assignment in statistical inference and representations of the mechanisms by which the treatment has its impact. Randomized experiments also have important limitations and are subject to the fidelity with which they are implemented. In the end, randomized field experiments are still the best way to estimate causal effects, but are a considerable distance from perfection.