论宽严相济的刑事政策

一项刑事政策的提出,重在对其含义的理解和解释,只有运用正确的方法和思路来理解和解释,才能挖掘出刑事政策的全部内涵,理解和解释刑事政策应当遵循宏观把握、回顾历史、结合实际和立足长远的原则,具体到理解宽严相济的刑事政策时,不能对"宽"和"严"做过于狭隘的解释,应当扩大"宽"和"严"在使用语境上的含义,将"宽"和"严"放到整个刑事立法和司法中来分析,而且,"宽严相济"在语义上的要点应当在"济",要重视对"济"的理解。     

The entrepreneurial puzzle: explaining the gender gap

We document the substantial gender gap that exists among university scientists with regard to entrepreneurial activity using a variety of measures and explore factors leading to the disparity. We focus particularly on the biomedical sciences. The contextual explanation that women are under-represented in the types of positions from which faculty typically launch entrepreneurial activity is the most obvious. But the data suggest that for the biomedical sciences context is not sufficient in explaining the entrepreneurial gap. We look elsewhere to factors affecting supply and factors affecting demand. The former include gender differences in attitudes towards risk, competition, “selling” of “science,” type of research and geographic location. The latter include the role of networks, preferences of venture capitalists and “gender discounting.” We explore the associated hypotheses. We provide few tests and conclude that the research agenda is wide open and interesting.

论司法的原初与衍生功能

在"司法改革"如火如荼的当下中国,讨论我国的法院或者法官应该扮演怎样的角色,应是学界认真考虑的一个课题。本文以一种复眼式的角度,把司法功能分为原初功能与衍生功能。文章认为,作为原初功能,司法的纠纷解决还包括中介、缓和及促进纠纷解决等子功能。而以历史演变为线索,现代司法的衍生功能则包括法律维护与规则创设、权力制约与权利保障、社会控制与政策推进等功能。     

Collection and direct amplification methods using the GlobalFiler™ kit for DNA recovered from common pipe bomb substrates

When analyzing DNA from exploded pipe bombs, quantities are often in trace amounts, making DNA typing extremely difficult. Amplifying minute amounts of DNA can cause stochastic effects resulting in partial or uninterpretable profiles. Therefore, the initial DNA collection from “touch” evidence must be optimized to maximize the amount of DNA available for analysis.This proof-of-concept study evaluated two different swab types with two direct amplification strategies to identify the most effective method for recovering DNA from common pipe bomb substrates. PVC and steel pipes, electrical tape, and copper wire spiked with epithelial cells were swabbed with cotton or microFLOQ® Direct Swabs and amplified directly or via a pre-treatment prior to STR amplification.Not only was the microFLOQ® Direct Swab protocol the quickest method with the least risk of contamination, but in combination with direct amplification, the microFLOQ® Direct Swabs also generated the most complete STR profiles.     

Juvenile Justice in Pennsylvania: Mission‐Driven; Performance‐ Based; Outcome‐Focused

Since 1995, Pennsylvania's Balanced and Restorative Justice Mission has been the driving force behind Pennsylvania's reform and system improvement efforts. Pennsylvania has made strong and steady progress towards advancing this statutory mission and the related operational goals through policy, practice and programmatic enhancements over these past 20+ plus years. Three key events spurred forth this advancement: the legislative passage of Act 33 in 1995 that statutorily established the goals of Balanced and Restorative Justice (BARJ), the Models for Change Juvenile Justice Reform Initiative–Additional Reform Momentum (2004) and the Juvenile Justice System Enhancement Strategy–Evidence‐based Approach to the Reforms (2010).What follows is the story of how it all unfolded.     

The Juvenile Justice Reform Act of 2018: Updating the Federal Approach to Youth Involved,and At‐Risk of Becoming Involved,in the Juvenile Justice System

On December 21, 2018, the Juvenile Justice Reform Act was signed into law, marking the first update in 16 years to the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. The reforms reflect much of the knowledge that has been gained through research and science over the past decade and strengthen the Act’s core protections for youth in the juvenile justice system. The changes also expand the Office of Juvenile Justice and Delinquency Prevention’s role in research, and technical assistance, and provide for additional oversight for related programs.     

Contact disputes and allegations of gender violence in Spain

ABSTRACT

In Spain, progress is being made to restrict contact between aggressors and their children in cases of gender violence. However, visits and communication, even shared custody, are still granted by judges despite shared custody being prohibited by law in such cases since 2005. Under recent legal reforms, children are now considered primary victims of gender-based violence. However, even today, Spanish judges frequently allow contact and even grant shared custody to the aggressor. This is despite the fact that in cases of gender violence, there are usually measures in force that include restraining orders and prohibitions against communicating with the mother. In these cases, communication between the father and his children is effected through grandparents or at the so-called ‘family meeting points’ – neutral spaces supervised by professionals. Insufficient budgets and shortcomings in the management of these meeting points have led to many problems, including women being murdered by their partners after leaving one of these meeting places.     

Systemic error: measuring gender in criminological research

This study examines how sex and gender are measured and operationalized in studies on criminology and criminal justice (CCJ) through content analysis of peer-reviewed journals. Despite that they are distinct and not always parallel, the terms sex and gender are often used interchangeably in CCJ research. Moreover, despite increasing recognition that gender-responsive practices are important at every stage of the criminal justice process, gender is almost exclusively measured as a male-female binary, miscategorizing and failing to properly account for those who do not fit in one of those gender identities. There are important implications for the safety of such individuals, as both victims and offenders throughout the criminal justice process, therefore it is essential that we more accurately measure gender in this field. Recommendations for improvement are addressed.     

Community filmmaking as research: (re)considering knowledge production through the camera's lens

In southern Chile, Mapuche Indigenous communities are using video and digital filmmaking to collectively reflect on and communicate knowledge. This article shares their experience, arguing that with the increasing accessibility of information and communication technologies, we should be rethinking and broadening the acceptable ways to generate and convey knowledge about development. Acknowledging the diverse ways of knowing and communicating knowledge, this article suggests that video can be a powerful tool for self-representative knowledge-sharing by Indigenous communities. Only by expanding our debates beyond written media can we engage equitably with a plurality of knowledge-holders to resolve development challenges.     

Surveillance of the poor in a socio-financial enclosure: a critical analysis of Zidisha.org

This article provides a critical analysis in examining narratives on Zidisha.org, a microlending site that facilitates loans to the poor, building on media scholar Mark Andrejevic's conception of the digital enclosure and the critical anthropology of development scholar Anke Schwittay's theorisation of financial inclusion. Online microlending sites like Zidisha have wide-reaching implications for policy and development initiatives. The study's findings suggest that perceptible signs of the contemporary neo-liberal effort to assemble ordinary people through Web 2.0 communication technologies to participate in the socio-financial enclosure are riddled with issues of control and surveillance, coupled with a paradoxical meaning of the financial inclusion concept.