THE SOCIAL CONTEXT OF GUIDELINES CIRCUMVENTION: THE CASE OF FEDERAL DISTRICT COURTS*

Recent scholarship on criminal punishments increasingly highlights the importance of courtroom social contexts. Combining recent data from the U.S. Sentencing Commission (FY1997–2000) with aggregate data on federal districts, the current study examines interdistrict variations in the application of downward departures from the federal sentencing guidelines. Findings indicate that substantial variation exists in the probability of both prosecutor‐initiated substantial assistance departures and judge‐initiated downward departures. This variation is accounted for, in part, by organizational court contexts, such as caseload pressures, and by environmental considerations, such as the racial composition of the district. Additional evidence suggests that individual trial penalties and race disparities are conditioned by aggregate court contexts. Drawing on interviews with federal justice personnel, this article concludes with a discussion of future directions for research on federal guidelines departures. Part of the glory of the federal system…is that you've got this one big organization, but it can be molded to different needs…
‐ An assistant U.S. attorney ‐     

试论法律英语词汇教学中的文化导入

语言和文化是相互依存的,对法律英语词汇意义的确定受文化因素的影响,脱离文化背景进行词义确定往往会造成错误理解甚至无法理解.因此,在法律英语词汇教学中应重视文化的导入,尤其是法律文化的导入;并注意导入形式的生动活泼.如融戏剧表演于教学活动是理想选择之一.     

Testing for Potential Contextual Bias Effects During the Verification Stage of the ACE‐V Methodology when Conducting Fingerprint Comparisons*

Abstract: This study was conducted to assess if fingerprint specialists could be influenced by extraneous contextual information during a verification process. Participants were separated into three groups: a control group (no contextual information was given), a low bias group (minimal contextual information was given in the form of a report prompting conclusions), and a high bias group (an internationally recognized fingerprint expert provided conclusions and case information to deceive this group into believing that it was his case and conclusions). A similar experiment was later conducted with laypersons. The results showed that fingerprint experts were influenced by contextual information during fingerprint comparisons, but not towards making errors. Instead, fingerprint experts under the biasing conditions provided significantly fewer definitive and erroneous conclusions than the control group. In contrast, the novice participants were more influenced by the bias conditions and did tend to make incorrect judgments, especially when prompted towards an incorrect response by the bias prompt.     

Management Strategies When Working with Female Prisoners

Abstract

Scholars and practitioners have noted the potential for using understanding and language about the unique needs of women offenders to justify special controls over them in the prison setting. Using data from a national study of innovative management and programming strategies among correctional administrators, the present research examines management approaches needed for women, with a focus on the degree to which some administrators use stereotypes and/or perceived needs of women offenders in their rationale for choosing particular management strategies. Approximately 80 percent of the respondents reported that there is a need to use different management techniques for male and female prisoners. About half of these respondents noted that these differing management techniques are related to interpersonal skills and communication followed by programming needs and differences in general needs.     

刑事案件现场实地勘验中博弈大局观的运用

现场勘查是侦查工作的一项重要措施,而实地勘验则是现场勘查中的一个组成部分.实地勘验中,常常对具体的痕迹、物品勘验比较重视,而现场周围的地理、环境等因素以及它们与现场的联系则往往被忽略,"博弈大局观"下的勘验就是强调重视在勘验中被忽略的这一方面.在"博弈大局观"指导下的现场勘验能较为完美地实现现场勘验的目的.     

以特色强势推动西林崛起

特色，往往就是优势和强项。在谋划经济文化发展的时候，上至国家，下至乡镇，都十分重视制定特色发展战略，力求以特取胜。西林拥有丰富的特色资源。无论区位和自然条件，还是历史文化积淀，都闪射着强烈的奇光异彩。这是构建特色西林、推动西林崛起的坚实基础。     

从"法制"到"法治"的中国语境

中国的法治理论有其不同于西方的独特语境.现代中国法学的开端与政治情势紧密相关,其合法性在很大程度上取决于政治情景的变换,对政治话语的追随和演绎乃是"法治"话语表明其合理性和正当性的主要路径,它因此而难以持守学术的独立性品格.当代中国法治理论和学说得以深入开掘和成功建构的语境,从根本上说仍需要法学家独立人格和学术品格的培育与塑造.     

Registrants,Voters, and Turnout Variability Across Neighborhoods

Although political participation has received wide-ranging scholarly attention, little is known for certain about the effects of social and political context on turnout. A scattered set of analyses—well-known by both political scientists and campaign consultants—suggests that ones neighborhood has a relatively minor impact on the decision to vote. These analyses, however, typically rely upon data from a single location. Drawing on official lists of registered voters from sixteen major counties across seven states (including Florida) from the 2000 presidential election, we use geographic/mapping information and hierarchical models to obtain a more accurate picture of how neighborhood characteristics affect participation, especially among partisans. Our research shows that neighborhoods influence voting by interacting with partisan affiliation to dampen turnout among voters we might otherwise expect to participate. Most notably, we find Republican partisans in enemy territory tend to vote less than expected, even after accounting for socioeconomic status. Our findings have implications for campaign strategy, and lead us to suggest that campaign targeting efforts could be improved by an integration of aggregate- and individual-level information about voters.     

How to Develop More Effective Policies Against Crime: Some Reflections on Drugs and Crime Research in an International Context

This paper offers some reflections on how to develop more effective policies against crime, drawing on more than 10 years of research experience on the international drug problem. The paper begins by trying to illustrate the so-called justice gap in the world, and explain why an institution such as the United Nations has a comparative advantage in closing that gap. It then details four lessons that the author has learnt from his own personal experience as head of research in the United Nations International Drug Control Programme, now called the United Nations Office on Drugs and Crime: (i) measure, count, and keep counting; (ii) publish or perish, either in inter-governmental default, or in public hysteria; (iii) limit the dangers of committing the euphemistic fallacy; and (iv) divorce research and policy, because research is policy-dependent; make research policy-relevant, and re-marry it to policy. Finally, the paper tries to show how these lessons can be applied in related areas and used as good practice in research on crime.     

遏制性骚扰的法律对策研究

随着司法实践中不断出现有关性骚扰的诉讼,立法惩治性骚扰的呼声越来越高。文章在借鉴其他国家反性骚扰立法的基础上,提出制定反性骚扰专项立法的建议,并主张性骚扰定义宽泛化、强调对性骚扰重在预防;建议在一些法律的修订或者制定时增加反性骚扰的条款。文章还对专项立法出台前如何适用现有法律遏制性骚扰提出了一些建议。