违法侦查行为的程序性制裁效果研究——以非法口供排除规则为中心

不断出现的冤案及其背后的违法侦查问题使整个刑事司法的公信力日趋式微。学界和司法部门最高层认识到,只有通过建立非法证据排除规则,剥夺违法侦查者非法取证的利益,才能促使其依法取证。此谓程序性制裁。但是,在目前的机制下,由于我国违法侦查的发现几率极低、无法定罪的成本极小和次级制裁机制的乏力,程序性制裁根本无法成为依法取证的"激励机制"。因此,如果要使程序性制裁的威慑效果发挥作用,必须建立有效的违法侦查行为发现机制,把非法证据排除真正转变为违法侦查的成本,并使法院真正具备作出无罪判决的能力。     

The Linux FAT32 allocator and file creation order reconstruction

The allocation algorithm of the Linux FAT32 file system driver positions files on disk in such a way that their relative positions reveal information on the order in which these files have been created. This provides an opportunity to enrich information from (carved) file fragments with time information, even when such file fragments lack the file system metadata in which time-related information is usually to be found.Through source code analysis and experiments the behaviour of the Linux FAT allocator is examined. How an understanding of this allocator can be applied in practice is demonstrated with a case study involving a TomTom GPS car navigation device. In this case, time information played a crucial role. Large amounts of location records could be carved from this device's flash storage, yielding insight into the locations the device has visited—yet the carved records themselves offered no information on when the device had been at the locations. Still, bounds on the records' time of creation could be inferred when making use of filesystem timestamps related to neighbouring on-disk positions.Finally, we perform experiments which contrast the Linux behaviour with that of Windows 7. We show that the latter differs subtly, breaking the strong relation between creation order and position.     

Churnalism and Hype in Science Communication: Comparing University Press Releases and Journalistic Articles in South Africa

Abstract

Against the background of a fast-changing media environment and increasing competition in the science arena, we explored how media outlets use science- based press releases issued by research-intensive universities in South Africa. We compared 40 science-related media articles to related institutional press releases. We found that most press releases are re-published with minimal journalistic input and no crediting of the original source, with indications of hype present in a third of the media articles. This could be a reason for concern because press releases issued by research institutions are written to serve the interests of the institution and not to reflect on science. When media outlets re- publish these press releases without editorial input, it means that the critical or investigative role of the media is lost. Given concerns about the long-term implications of churnalism and hype in science media coverage, we ask whether PR-driven communication of science, as practiced by university media offices, among others, serves the long-term interests of science and society. We suggest that universities should consider the options and benefits of moving towards a new science communication paradigm focused less on reputation-building and more on constructive public engagement and helpful dialogue with society.     

Who Represents the Constituency? Online Political Communication by Members of Parliament in the German Mixed-Member Electoral System

Members of parliament (MPs) are elected via two different tiers in mixed-member electoral systems—as winners of a seat in a constituency or as party candidates under proportional rules. While previous research has identified important consequences of this “mandate divide” in parliaments, questions remain how this institutional setup affects MPs' political behavior in other arenas. Analyzing more than one million social media posts, this article investigates regional representation in the online communication of German MPs. The results show that MPs elected under a direct mandate refer approximately twice as often to their constituencies by using regionalized wording and geographic references than MPs elected under the proportional tier. The substantive findings provide new evidence for the benefits of mixed-member electoral systems for political representation while the methodological approach demonstrates the added value of social media data for analyzing the political behavior of elites.     

Ideology,party systems and corruption voting in European democracies

What is the impact of corruption on citizens' voting behavior? There is a growing literature on an increasingly ubiquitous puzzle in many democratic countries: that corrupt officials continue to be re-elected by voters. In this study we address this issue with a novel theory and newly collected original survey data for 24 European countries. The crux of the argument is that voters' ideology is a salient factor in explaining why citizens would continue voting for their preferred party despite the fact that it has been involved in a corruption scandal. Developing a theory of supply (number of effective parties) and demand (voters must have acceptable ideological alternatives to their preferred party), we posit that there is a U-shaped relationship between the likelihood of corruption voting and where voters place themselves on the left/right spectrum. The further to the fringes, the more likely the voters are to neglect corruption charges and continue to support their party. However, as the number of viable party alternatives increases, the effect of ideology is expected to play a smaller role. In systems with a large number of effective parties, the curve is expected to be flat, as the likelihood that the fringe voters also have a clean and reasonably ideologically close alternative to switch to. The hypothesis implies a cross level interaction for which we find strong and robust empirical evidence using hierarchical modeling. In addition, we provide empirical insights about how individual level ideology and country level party systems – among other factors – impact a voter's decision to switch parties or stay home in the face of their party being involved in a corruption scandal.     

The patriarchy index: a comparative study of power relations across historical Europe

This article stands at the confluence of three streams of historical social science analysis: the sociological study of power relations within the family, the regional demography of historical Europe, and the study of spatial patterning of historical family forms in Europe. It is a first exercise in the design and application of a new ‘master variable’ for cross-cultural studies of family organization and relations. This indexed composite measure, which the authors call the Index of Patriarchy, incorporates a range of variables related to familial behaviour, including nuptiality and age at marriage, living arrangements, post-marital residence, power relations within domestic groups, the position of the aged, and the sex of the offspring. The index combines all these items, with each being given equal weight in the calculation of the final score, which represents the varying degrees of sex- and age-related social inequality (‘patriarchal bias’) in different societal and familial settings. In order to explore the comparative advantages of the index, the authors use information from census and census-like microdata for 91 regions of historical Europe covering more than 700,000 individuals living in 143,000 domestic groups, from the Atlantic to the Urals. The index allows the authors to identify regions with different degrees of patriarchy within a single country, across the regions of a single country, or across and within many broader zones of historical Europe. The unprecedented patterning of the many elements of power relations and agency contained in the index generates new ways of accounting for both the geographies and the histories of family organization across the European landmass.     

Mosaic: recovering surviving census records and reconstructing the familial history of Europe

In recent years, there has been a marked increase in the demand for global data on historical family systems, both in the social sciences and in the humanities. Until lately, however, scholars interested in historical global family variation had to rely on simplified and often ahistorical world-scale classifications of family systems by world geographic regions. This article communicates Mosaic to the scholarly community – one of the largest infrastructural projects in the history of historical demography and family sociology. The article provides a brief history of the project, a discussion of the main issues involved in creating the database (including sampling and representativeness), and Mosaic's data structure and coverage. In the remainder of the article, the authors provide an overview of methodological and research opportunities that the project can offer to scholars, showing how the most pertinent problems of historical family demography can be tackled in more systematic ways than previously.     

Vicarious Trauma in Child Welfare Workers: A Study of Organizational Responses

Child welfare is provided within an organizational context that both supports and thwarts the efforts of workers and administrators to meet the myriad of goals established by federal, state, and local regulation and professional bodies. As the field moves toward trauma-informed services for children and families (Ko et al., 2008 Ko, S. J., Ford, J. D., Kassam-Adams, N., Berkowitz, S. J., Wilson, C., Wong, M., Brymer, M. J., &; Layne, C. M. (2008). Creating trauma-informed systems: Child welfare, education, first responders, healthcare, juvenile justice. Professional Psychology: Research and Practice, 39(4), 396–404.[Crossref], [Web of Science ®] , [Google Scholar]), the effect of trauma on workers has received less agency attention (Middleton &; Potter, 2015 Middleton, J. S., &; Potter, C. C. (2015). Relationship between vicarious traumatization and turnover among child welfare professionals. Journal of Public Child Welfare, 9(2), 195–216.[Taylor &; Francis Online], [Web of Science ®] , [Google Scholar]). This exploratory, qualitative study examines the level of knowledge administrators have regarding vicarious trauma and probes the organizational responses of public child welfare agencies to the vicarious trauma experienced by workers.     

政府在危机公关中设立新闻发言人制度的意义

随着经济总量的快速增长和社会分层带来的复杂趋势的加剧,我国突发的公共危机事件频繁发生,政府作为公共事务的管理者,必然要承担起危机管理的责任。政府在危机公关这一过程中,将新闻发言人制度化,对于公开信息,化解危机,设置舆论议程,塑造政府形象,满足公众需求,保持社会正常运转等方面具有重要意义,同时也有助于建立政府与媒体的良好互动关系,起到化危机为转机的作用。     

The Complexity of Social Outcomes from Cooperative,Competitive, and Individualistic Reward Systems

Previous research on cooperative and competitive reward systems has investigated the relation between extreme cooperative and competitive conditions, along with an intermediate noninterdependent neutral condition, to numerous outcome variables. This study added two additional conditions to these three usual conditions, between the neutral midpoint and the cooperative or competitive extremes, to see if these intermediate conditions might be distinctive in the outcomes they produced. The study used 240 participants, divided into groups of three that played a board game under these five different reward conditions. Participants' attitudes toward self, others, and task were then assessed and analyzed along with objective measures of performance, measures of self-esteem, state and trait anxiety, and results coded from an autobiographical report in game-defined roles. Results indicated that the intermediate cooperative condition was distinctively different from the extreme cooperative condition in predicted ways, and that the intermediate competitive condition was distinctively different from the extreme competitive condition, but in unpredicted ways. The research also demonstrated that an individualistic condition, which had previously been thought to produce neither a cooperative nor competitive social orientation, in fact produced both, raising questions as to whether reward interdependence, as researchers have defined it, is really the cause of cooperation and competition.