警察武力使用的困惑与教学训练的反思

使用武力是人民警察自卫和打击、制服犯罪分子、犯罪嫌疑人的强制措施和保障生命安全的必要手段。然而,在警察执法实践中,思想观念陈旧,安全意识、法律程序意识乃至人权意识淡薄,违法使用武力、使用武力过当造成的伤害事例时有发生。因此,改变观念,强化法治意识,强化警务技能与战术训练,建全法律保障制度势在必行。     

POLICE CULTURE AND COERCION*

Researchers have long noted the link between police culture and coercion. To date, however, there have been no empirical studies of this relationship. Using data collected as part of a systematic social observation study of the police in Indianapolis, Indiana, and St. Petersburg, Florida, this research examines the relationship between traditional views of police culture—from an attitudinal perspective‐and coercion—from a behavioral perspective. After developing a classification scheme of officers' outlooks in the context of police culture, we examine the extent to which officers' alignment with cultural attitudes translates into differences in coercive behavior. The findings indicate that those officers who closely embody the values of the police culture are more coercive compared with those that differentially align with the culture, suggesting that police use of force is a function of officers' varying attitudinal commitments to the traditional view of police culture. The implications of these findings for policy and future research are considered.     

邓小平的社会主义社会发展动力要素论

新时期邓小平同志继承和发展了马克思主义的社会发展动力理论,结合我国社会主义发展的实际,阐发了建设有中国特色社会主义的发展动力要素,深刻揭示了社会主义发展的源泉和动力。     

From papyrus to cyber: how technology has directed law enforcement policy and practice

Abstract

Cyber technology, both explicitly and implicitly, impacts every facet of local, state, national and international criminal justice operations. Unfortunately, technological changes, including cyber technologies, are rarely well thought out and may have unintended negative consequences. Additionally technology, and particularly cyber technology, evolves at a much faster pace than our understanding of the ethics, laws and policies involved. Consequently, citizens, criminals and justice professionals often rely on technology without the benefit of legal protections or explicit agency policy. This paper will examine how technology, both historically (non cyber) and contemporarily (cyber), has positively and negatively affected one aspect of the Criminal Justice enterprise – law enforcement.     

Atomic force microscopy as a biophysical tool for nanoscale forensic investigations

The atomic force microscope (AFM) has found its way to the arsenal of tools available to the forensic practitioner for the analysis of samples at the nano and microscales. As a non-destructive probing tool that requires minimal sample preparation, the AFM is very attractive, particularly in the case of minimal or precious sample. To date, the use of the AFM has primarily been in the arena of imaging where it has been complementary to other microscopic examination tools. Forensic applications in the visual examination of evidence such as blood stains, questioned documents, and hair samples have been reported. While a number of reviews have focused on the use of AFM as an imaging tool for forensic analyses, here we not only discuss these works, but also point to a versatile enhancement in the capabilities of this nanoscale tool – namely its use for force spectroscopy. In this mode, the AFM can determine elastic moduli, adhesion forces, energy dissipation, and the interaction forces between cognate ligands, that can be spatially mapped to provide a unique spatial visualization of properties. Our goals in this review are to provide a context for this capability of the AFM, explain its workings, cover some exemplary works pertaining to forensic sciences, and present a critical analysis on the advantages and disadvantages of this modality. Equipped with this high-resolution tool, imaging and biophysical analysis by the AFM can provide a unique complement to other tools available to the researcher for the analysis and characterization of forensic evidence.     

Proxy agents,auxiliary forces,and sovereign defection: assessing the outcomes of using non-state actors in civil conflicts

Abstract

This article interrogates the role of non-state armed actors in the Ukrainian civil conflict. The aim of this article is twofold. First, it seeks to identify the differences between the patterns of military intervention in Crimea (direct, covert intervention), and those in the South-East (mixed direct and indirect – proxy – intervention). It does so by assessing the extent of Russian troop involvement and that of external sponsorship to non-state actors. Second, it puts forward a tentative theoretical framework that allows distinguishing between the different outcomes the two patterns of intervention generate. Here, the focus is on the role of non-state actors in the two interventionist scenarios. The core argument is that the use of non-state actors is aimed at sovereign defection. The article introduces the concept of sovereign defection and defines it as a break-away from an existing state. To capture the differences between the outcomes of the interventions in Crimea and South-East, sovereign defection is classified into two categories: inward and outward. Outward sovereign defection is equated to the territorial seizure of the Crimean Peninsula by Russian Special Forces, aided by existing criminal gangs acting in an auxiliary capacity. Inward sovereign defection refers to the external sponsorship of the secessionist rebels in South-East Ukraine and their use as proxy forces with the purpose of creating a political buffer-zone in the shape of a frozen conflict. To demonstrate these claims, the article analyses the configuration of the dynamics of violence in both regions. It effectively argues that, in pursuing sovereign defection, the auxiliary and proxy forces operate under two competing dynamics of violence, delegative and non-delegative, with distinct implications to the course and future of the conflict.     

A meta-analytic review of the frequency and patterning of laryngohyoid and cervical fractures in cases of suicide by hanging

The frequency and distribution of fractures are commonly utilized to assist in interpreting the manner of death. In cases of alleged suicide by hanging, however, the evidence base for the frequency and patterning of laryngohyoid and cervical vertebrae fractures resulting from such blunt force traumatic events is limited and so fractures cannot be reliably used to assist in interpreting the manner. Using meta-analytic techniques, this study aimed to estimate frequency and distribution of fractures in the context of relevant intrinsic and extrinsic variables. A systematic review of the literature identified 20 studies with relevant data (8523 cases of suicide by hanging). Meta-analyses identified the frequency and distribution of fractures present and how fracture frequency was affected by the subgroups of age, sex, completeness of suspension, ligature knot position and study design. Results indicated that fracture frequency was variable, there was no unique patterning, and high levels of heterogeneity were present in all variable sub-groups. Age was the only subgroup to show differences. Findings suggest that neck fracture frequency is inconsistent and cannot be predicted by the chosen variables. Subsequently, neck fractures in isolation should not be given weight in medico-legal interpretations of a hanging death as suicidal.     

Women in a changing economy: the misleading tale of participation rates in a historical perspective

In this article I focus on women's advancement in the Swedish labour market during more than a century. By applying a long-term perspective I give the historical background to what is commonly seen as a success story. By reassessing census and labour force survey data I show that participation rates may tell a misleading tale not only for the past but also for the present. In a long-term perspective, Sweden does not stand out as a country with high female labour force participation rates. It was not until the mid-1960s that market work came to play a larger part of women's life, since young women worked until they had children and older married women returned to the labour force after having raised a family. During the late 1960s and the 1970s, women with children under the age of seven became an integrated part of the labour force. It seemed as if welfare reforms supported women's market work in an unprecedented way; gender differences in labour force participation decreased and became very small. A reassessment of labour force participation rates together with alternative measures of market work such as at-work and market-hours rates show that similarly to how they underestimate women's market work and contributions to production during the early decades of the twentieth century, they overestimate women's market work at the end of the century, neglecting the extent to which reproductive responsibilities still interfere with women's paid work through absence and part-time work.     

DNA鉴定人出庭作证现状、问题及对策

DNA鉴定在刑事案件的侦查中能锁定犯罪嫌疑人、串并案件、提供侦查线索,是重要的技术破案手段.DNA证据通常是可靠的,被大多数人认可,以前DNA鉴定人出庭作证非常少见.但是,DNA证据也并非完美,在应用中常常会出现一些问题,还有个别DNA检验出错,因而法庭必须加强对DNA证据的审查.随着我国新刑诉法的出台,DNA鉴定人出庭作证将是今后日常工作之一,通过质证,排除非法证据,准确阐释证据的证明力,最终实现刑事诉讼的实体公正和程序公正.本文亦针对在探索阶段鉴定人出庭作证存在的问题给予了一些建议.     

Unveiling the Third Force: Toward Transitional Justice in the USA and South Africa, 1973–1994

This study compares the American and South African security responses to perceived communist-inspired insurgencies—the American Indian Movement in the USA and the United Democratic Front/African National Congress in South Africa. In each instance, the governments employed third force techniques by utilizing surrogates, informants, provocateurs, and hit squads. As a result, these official entities became complicit in the criminal political violence that ravaged the Pine Ridge Indian Reservation, KwaZulu-Natal, and the Rand townships between 1973 and 1994. This study also examines how investigative commissions in each country endeavored to expose official misconduct and hold these agencies accountable for their actions. Despite the differences in the scale of each insurgency as well as the overall purpose of each counterinsurgency campaign, this article finds common ground in the rationale, implementation, and effects of the security responses in each country.