循私舞弊不移交刑事案件罪的主体认定

准确认定犯罪主体,是追究犯罪行为人刑事责任的基础。对循私舞弊不移交刑事案件罪的犯罪主体的认定,因行政执法的复杂性,使刑法理论和实践上均存有较大的争议。从微观结构上,本罪主体资格内在的逻辑构成要素可分为身份要素、事实要素和权力要素三个方面事实特征,据此以准确认定本罪的犯罪主体。     

Accounting for Anglo-Hispanic Differences in School Misbehavior

Abstract

This study examined the main and interaction effects of social acceptance, aggression, and gang involvement on serious school misbehavior in a sample of 152 middle school age Hispanic and Anglo males. High social acceptance and high aggression (or gang involvement) were hypothesized to predict serious school misbehavior for Hispanic males, but not Anglo males. Our hypotheses for the model including aggression were supported. The findings for aggression, but not gang involvement, are consistent with social learning and code-of-the-streets theories.     

The effects of treatment exposure on prison misconduct for female prisoners with substance use,mental health,and co-occurring disorders

Inmates with mental health and co-occurring mental health and substance use disorders present difficult challenges for correctional institutions and treatment providers. The complex nature of co-occurring disorders further exacerbates these difficulties and is associated with poor treatment compliance and increased likelihood of engaging in institutional misconduct. The current study examines whether exposure to prison-based treatment reduces involvement in prison misconduct among a sample of female prison inmates controlling for disorder types (i.e. mental health disorder only, substance use disorder only, and co-occurring mental and substance use disorders). Findings revealed that with exposure of more than 181?days of treatment, the odds of misconduct involvement among females with co-occurring disorders more than doubled compared to receiving no treatment. This finding is at odds with treatment retention literature that suggests that a minimum period of time in treatment is needed to affect post-treatment success. Possible explanations for these findings and policy implications are discussed.     

中美高校科研诚信体系建设比较分析

目前,科研不端行为已成为我国高校学术界亟待解决的问题.通过对中美高校科研诚信建设的比较,可以看出,美国大学科研诚信的宣导教育、监管模式、科研不端行为的处理等方面都具有先进的经验.我国的高校科研诚信建设应借鉴美国做法,通过多种途径加强高校的科研诚信建设,一是通过多媒体联合的形式宣导科研诚信,二是建立独立的长期的具有监管职能的科研诚信管理机构,三是建立全国范围内的高校联盟机制,四是加强科学研究过程的监督和学术问责.由此,我国才能形成完善的高校科研诚信体系建设.     

Unreported crimes,public dissatisfaction of police,and observed police misconduct in the Volgograd region,Russia: A research note

The paper examines the issue of widespread underreporting of crimes in the Volgograd region of Russia. The factors of public satisfaction with police, prior observed police misconduct, type of crime, and victim’s demographics are used to explain a victim’s decision to report crimes to the police. The research is based on a representative sample of Russian citizens conducted over a 9 year period in the Volgograd region (1998–2007) with a sample size of 1332 cases. The study concludes that prior observed police misconduct, especially the falsification of documents, is the strongest predictor of victims’ decisions to report crimes. The research holds critical implications for the ongoing reform of Russian police.     

Updating International Law Enforcement Ethics: International Codes of Conduct

For any profession, establishing codes of ethics that are both practically relevant and up to date is an ongoing challenge. Law enforcement is no exception to this as agencies are faced with an evolving modern environment. With changes in technology, types of policing, and sources of societal conflict there is a potential array of new or evolving ethical considerations that confront the profession. Attempts to distill and prescribe law enforcement ethics at the international level have resulted in the creation of the “Law Enforcement Code of Conduct” of the International Association of Chiefs of Police (IACP) and the “Code of Conduct for Law Enforcement Officials” of the United Nations (U.N.). However, both these codes were created decades ago, so they do not cover some of the more contemporary ethical issues that have arisen. This article compares the content of the IACP and UN codes and identifies a range of ethical issues either absent or insufficiently addressed. Normative themes and issues are organized around the following topics: difficulties in applying the codes, human rights and the use of force, misconduct and integrity, and enforcement and accountability.     

Static risk factors predict sexual misconduct among incarcerated female sexual offenders

Abstract

Although there has been a great deal of research conducted on sexual offenders in recent years, the vast majority of studies have focused on male perpetrators. Little is known about female sexual perpetrators, due primarily to the small number of offenders/offences and sociocultural factors. This study evaluated if there was an association between static risk factors [as delineated by the Static-99 and Rapid Risk Assessment for Sex Offender Recidivism (RRASOR)] and institutional sexual misconduct for incarcerated female sexual offenders. In addition to demographic information, total Static scores were obtained from a file review along with institutional conduct reports. The STATIC-99 and RRASOR scores from intake information significantly predicted sexual conduct reports in prison.     

道路交通事故人身损害赔偿中的过失相抵

在道路交通事故人身损害赔偿案中,受害人对于自身损害的发生也有过失的,应当实行过失相抵。过失相抵的基本原则为强者负担更多损失原则,保护儿童、老人等弱者原则。对于机动车方具体承担的赔偿比例应根据机动车方和受害者的过失程度来决定。     

An empirical test of the social support paradigm on male inmate society

While social support theory has been applied to a variety of criminal justice settings, there has been little empirical research on the effect of social support on inmate behavior. In this article, we test Cullen’s proposition that social support, in whatever form it manifests itself, has an effect on Korean inmates’ experiences. Specifically, we examine whether social support in an all-male prison environment explains inmate misconduct, victimization, fear of victimization, and the intent to commit crime in the future. We build upon previous research by using unique measures of the instrumental and the expressive dimensions of social support to determine their effect on reducing criminogenic engagement in a prison setting. The results indicate that social support is an important factor in reducing prison violence, enhancing pro-social behavior, and potentially reducing recidivism.     

A Postconviction Mentality: Prosecutorial Assistance in Exoneration Cases

Prosecutors’ broad discretionary power has long been of interest to scholars, yet little is known about discretionary choices after conviction. This study addresses the gap by exploring prosecutors’ willingness to assist with exonerations. Using data from the National Registry of Exonerations (N = 1,610), the author identifies factors that influence prosecutorial assistance. Results from generalized ordered logistic regression models demonstrate that avoiding uncertainty and maintaining workgroup relationships drives decision-making. Findings indicate that prosecutors are less likely to support exonerations involving law enforcement or forensic misconduct, violent offenses, and inadequate legal defense and more likely to support exonerations involving innocence organizations, guilty pleas, and black and Hispanic defendants. These findings suggest that prosecutors’ interest in protecting professional reputations, maintaining relationships, and optimizing efficiency influences discretion in the postconviction stage just as in earlier stages of case processing.