Quality of criminal responsibility reports submitted to the Hawaii judiciary

This paper is the third in a series of research reports on quality of forensic mental health evaluations submitted to the Hawaii judiciary. Previous studies examined quality of reports assessing competency to stand trial (CST) and post-acquittal conditional release, in felony defendants undergoing court-ordered examinations. Utilizing a 44-item quality coding instrument, this study examined quality of criminal responsibility reports in a sample of 150 forensic mental health evaluations conducted between 2006 and 2010 by court-appointed panels. Raters attained high levels of agreement in training and quality coding. Similar to the previous studies, overall quality of reports was mediocre, falling below the .80 quality criterion score for report elements, regardless of evaluator professional identification or employment status. Level of agreement between evaluators and judicial sanity determinations was “fair” using Cicchetti's (1994) standards for interpretation of intra-class correlations. Level of agreement was lower than previously published findings for CST reports and better than conditional release reports. Reasons for mediocre report quality and “fair” inter-rater agreement are discussed, including the fact that criminal responsibility evaluations are complex, retrospective in nature, and involve significant degrees of inference. In contrast to CST evaluations, assessment of criminal responsibility involves a mental state at the time of the offense evaluation. Threats to reliability in forensic reports are discussed. Suggestions for improvement of report quality are proffered, including standardization of procedures and report format and use of forensic assessment instruments.     

新冠肺炎疫情对宏观经济的影响分析及政策建议

该文通过对比分析发现,由于疫情影响地域范围、停复工时间和经济结构等因素存在差异,新冠肺炎疫情对经济的短期影响会大于2003年非典疫情;而且,由于部分民企和居民等微观主体的抗风险能力更弱,存在传导形成次生风险的可能。因此,必须坚持疫情防控和经济托底相结合,发挥逆周期政策作用,切实降低此次疫情的负面经济影响。     

Tackling the Big Questions in Social Impact Bond Research through Comparative Approaches

Abstract

This special issue of theJournal of Comparative Policy Analysis brings together four cross-disciplinary articles representing the first concerted attempt to combine comparative approaches to extend theoretical and empirical understandings of Social Impact Bonds (SIBs). SIBs are investment-backed payment-by-results projects and have been subject to vigorous academic debate on their appropriateness and efficacy since the first SIB launched in 2010. This introduction to the special issue outlines the state of the academic literature on SIBs, identifying gaps and suggesting five big questions that do not yet have satisfactory answers: (1) What are the administrative or political problems to which SIBs respond? (2) Where and why do SIBs emerge in particular contexts? (3) What is the role of SIBs in the evidence-based policy movement? (4) Is delivering an intervention through a SIB more effective than other means and are associated costs justifiable? (5) Do SIBs catalyse wider organizational, system, or institutional changes? This introduction then summarizes the articles included in this special issue, discusses how they respond to these big questions, and suggests that further comparative research might best address remaining gaps in the literature.     

我国个人信息匿名化的法律标准与规则重塑

大数据时代,匿名化规范既是个人信息保护中风险预防的手段,也是我国数据经济发展中数字流通的法律基础,但匿名化的法律标准在我国法律中还有待明确。欧盟已通过《一般数据保护条例》提出明确的匿名化标准,但该条例基于流程设置的标准适用于欧盟境内尚可,适用于我国或显得过于严苛,有碍数字经济的发展。我国个人信息匿名化法律标准与规则的重塑应当考虑环境、再识别风险,建议进行功能性匿名化。将比例原则应用到我国匿名化法律标准和规则的重塑之中,并将其引入到评估匿名信息接收者的风险等级,有助于降低个人信息被再识别的风险亦有利于匿名化的法律标准制定和规则构建。     

破坏野生动物资源类犯罪若干疑难问题研究

破坏野生动物资源类犯罪为法定犯。但由于行政法、刑法以及司法解释关于野生动物犯罪相关规定存在一定的冲突,特别是在动物保护等级、保护对象、升档标准等方面,导致司法实践在法律适用方面存在众多困难。而在司法实践中,关于动物犯罪案件司法鉴定、主观明知、违法性认识、证明标准等方面也存在不同的观点。     

The legitimacy of occupation authority: beyond just war theory

ABSTRACT

So far, most of the philosophical literature on occupations has tried to assess the legitimacy of military rule in the aftermath of armed conflicts by exclusively employing the theoretical resources of just war theory. In this paper, I argue that this approach is mistaken. Occupations occur during or in the aftermath of wars but they are fundamentally a specific type of rule over persons. Thus, theories of political legitimacy should be at least as relevant as just war theory for the moral evaluation of occupations. This paper, therefore, draws on both traditions and argues that just war theory plays a limited role in identifying the purposes and appropriate agents of occupation authority, but that theories of legitimacy are necessary for explaining why and under which conditions foreign actors have the right to rule in the aftermath of armed conflicts.     

When are experiments corrupt?

ABSTRACT

Between 2010 and 2011, the UK’s Department for International Development (DFID) funded a large-scale experiment on Kenyan schools. The policy experiment tested the effects of cutting teachers’ salaries and hiring them on short-term contracts, but the intervention failed after sustained opposition from teacher unions and parent associations. This article critically revisits the narrative of how this experiment was designed, implemented and interpreted, finding evidence that the experiment violated empirical logic. It examines whether the theory of neopatrimonialism can explain the ways in which vested interests may have undermined the empirical logic of the experiment. By doing so, the analysis tests the explanatory utility of neopatrimonialism, and casts light on the conditions under which policy experiments in Africa may be anti-empirical.     

Impinging blood droplets on different wettable surfaces: Impact phenomena,contact line motion,post-impact oscillation and dried stains

Understanding the underlying hydrodynamics of impinging blood droplets and finding out the physical parameters determining the bloodstain characteristics are of great importance in blood related forensic investigations. In this work, the impact of non-Newtonian blood droplets on solid surfaces ranging from lyophilic to superlyophobic was systematically investigated and compared to that of Newtonian droplets with a similar dynamic shear viscosity. We show that impinging blood droplets behave as low-viscosity Newtonian droplets in the short-time spreading, which is dominated by capillary and inertial forces, but their non-Newtonian viscoelasticity would notably affect the droplet retraction and post-impact oscillation occurring in large timescales. Whereas the strong liquid–solid adhesion and the non-Newtonian elongational viscosity hinder droplet recoiling and thus alter the impact phenomena on lyophobic and superlyophobic surfaces, the shear and elongational viscosities are coupled to result in higher damping coefficients of oscillating blood droplets after deposition, in comparison to that of impinging Newtonian droplets. The size of the dried bloodstain was found to be different from both the maximum spreading radius of the droplet that can reach during impact and the final radius of the deposited droplet after oscillation, and their correlations are highly dependent on the impact velocity and surface wettability. Moreover, the morphologic characteristics of the bloodstains would also be changed by varying either the impact velocity or the surface wettability. We envision that these findings can not only find applications in the bloodstain pattern analysis, but also provide useful information for medical diagnosis based on blood droplet test.     

政府环境治理工作的公众评价：央地差距与结构性制约

近年来,随着环境问题日益受到社会各界的重视,政府在环境治理工作中的表现正成为公众关注的重点。但是,我们对于目前我国政府环境治理工作公众评价的基本情况和影响因素还知之甚少。基于对中国综合社会调查2013年（CGSS2013）数据的分析,我们发现,我国公众对于中央政府环境治理工作的评价显著高于地方政府,包括受教育程度、收入水平、社会经济地位感知、政治身份、城乡差距和地区差距在内的结构性因素制约着公众对于政府环境治理工作的评价。在对研究发现进行深入讨论的基础上,进一步提炼了研究发现在政策意义上的启示。     

Pathways of democratisation to human development in post‐communist countries

The article investigates the consequences of post‐Cold War regime transitions on human development in the former Soviet bloc. Relying on a mixed‐methods research strategy that combines econometric and qualitative comparative analysis, it proceeds through three consecutive steps. First, there is a discussion of how democratic institutions may solicit governments’ attention toward social issues. Second, the relationship between democratisation and human development in 21 post‐communist countries is tested. Third, democracy in its core attributes is unpacked, and qualitative comparative analysis (QCA) is used to identify a few alternative institutional configurations favouring human development. The analysis reveals that not only full democracies, but also some hybrid regimes, have been successful in this task.