Two-dimensional metric comparisons between dynamic bare footprints and insole foot impressions-forensic implications

Footwear may be found at crime scenes as physical evidence. Such footwear often has impression features of the wearer’s foot on the insole of the shoe. Scientific research and literature have established that footprints are distinct. This study compares two-dimensional measurements on bare footprints to foot impressions on insoles to determine if significant differences or similarities exist. Dynamic footprints were collected from 51 donors using the Identicator® Inkless Shoe Print Model LE 25P system. Seven foot length and width measurements were taken based on the Reel linear measurement method. Footprint measurements between bare footprints and foot impressions on the insoles were compared. Only two differences (p > 0.05) were observed between the various bare footprint and insole foot impression measurements on the right and left side for most of the measurements, CALC (p < 0.001) and A1 (p = 0.04). Bare footprint and insole A5 measurements on the left side were also significantly different (p = 0.015). The results of the study have implications in the forensic analysis of foot impression evidence on insoles in footwear in assisting with identifying the wearer of said footwear. Situations may arise in the forensic context when comparing the foot impression on the insole of footwear to a suspect’s bare footprint or a footprint from post-mortem remains. This study contributes to the scant literature available on the topic and to understanding the similarities and differences observed in the various linear measurements that may be utilized in the comparison process of footprint impressions on shoe insoles to bare footprints.     

英美刑法中的犯罪行为及其启示

英美刑法中犯罪行为的概念具有不同于大陆法系刑法中犯罪行为概念的特色。文章通过对英美刑法中犯罪行为概念的展开,分析了犯罪行为的地位及其与犯罪构成的关系,并且进行了分类介绍。人们应汲取英美刑法中犯罪行为理论的合理内核,将持有视为与作为和不作为并列的第三犯罪行为形式。     

交通肇事逃逸性质研究

交通肇事罪已成为一种高发犯罪,其行为本身造成的人身财产损失已令人痛心,而逃逸行为更是为良知和法律所不能容忍。从逃逸行为被纳入刑法的调整范围到最高人民法院司法解释的逐渐细化,逃逸问题凸显其重要性。然而,由于立法技术的问题,司法解释规定逃逸的相关条款在实践应用中问题频出。所以,很有必要还原逃逸行为本来之面目,对逃逸行为进行细致研究和重新厘清。     

公共行政人员行为选择的伦理困境及其化解

实现负责任行政行为的关键在于制度伦理建设、公共精神的彰显以及行政人格的塑造。通过外在约束和自我规制,从而构建以公共利益为导向的行政行为具有重要意义。     

Understanding the Relationship Between Onset Age and Subsequent Offending During Adolescence

This article examines the well-documented relationship between early initiation or onset of criminal behavior and a heightened risk of involvement in offending. Previous research examining this question conducted by Nagin and Farrington (Criminology 30:235–260, 1992a; Criminology 30:501–523, 1992b) used data from the Cambridge Study in Delinquent Development and found that: (1) onset age was correlated with offending involvement; and (2) the correlation could be explained by stable individual differences in the propensity to offend rather than a causal effect of early onset age. In this study, similar analytic methods are applied to data from the Second Philadelphia Birth Cohort. This data set consists of all 13,160 males born in Philadelphia in 1958 who resided in the city continuously from ages 10 to 18, slightly more than half of whom were non-white. Information from each of the youths was collected from schools, juvenile justice agencies, other official sources and surveys. In a model that mimics previous analyses, we initially found that an early age of onset is associated with greater subsequent involvement in delinquent behavior. When unobserved criminal propensity was controlled, however, we found that a late rather than an early onset of delinquency was related to future offending. In finding a state dependent effect for age of onset, our findings are contrary to propensity theory in criminology. In finding that it is late rather early onset which puts youth at risk for future offending, our findings are contrary to developmental/life course theory. Our results are more compatible with traditional criminological theory that is friendly to state dependence processes, though they too have not to date articulated why a late onsetting of offending might be particularly criminogenic.

Parents and Peers as Social Influences to Deter Antisocial Behavior

Growth curve analyses were used to investigate parents’ and peers’ influence on adolescents’ choice to abstain from antisocial behavior in a community-based sample of 416 early adolescents living in the Southeastern United States. Participants were primarily European American (91%) and 51% were girls. Both parents and peers were important influences on the choice to abstain from antisocial behavior. Over the four-year period adolescents relied increasingly on parents as influences and relied less on peers as influences to deter antisocial behavior. Significant gender differences emerged and suggested that female adolescents relied more on social influences than did male adolescents but that as time progressed male adolescents increased the rate at which they relied on peers. Higher family income was associated with choosing peers as a social influence at wave 1, but no other significant income associations were found. Understanding influences on adolescents’ abstinence choices is important for preventing antisocial behavior.

平台异化还是因债致罪？——P2P网贷涉非法吸收公众存款罪裁判文本实证研究

文章采用文献研究的方法对83份P2P网贷平台构成非法吸收公众存款罪的裁判文书进行实证分析。通过对平台异化模式的定性分析和平台负债情况的定量分析以及与刑事责任程度的交叉分析,文章认为,平台异化是P2P网贷平台构成非法吸收公众存款罪的基础性因素,负债规模、存款人人数和无法清偿的数额等三个因素都对刑事责任的程度产生影响。而且相比之下,无法清偿的数额对刑事责任影响的程度最为显著。实际上对P2P网贷平台追究非法吸收公众存款罪的刑事责任是因为网贷平台无法清偿举债数额巨大,即因债致罪。这种因债致罪的司法行为逻辑,可以从司法者作为“清场者”的功能定位和对社会秩序的价值追求来解释其合理性,但是从多元价值权衡和刑事民事分离的角度分析,其又是不合理的。     

The identity of ‘the other’ for sexual violence victims: is there anything new in sexual violence prosecutions before the International Criminal Court?

Despite the spectacular development in the field of international criminal law, critical feminism stresses the narrow scope of the sex and gender crimes in the Rome Statute establishing the first permanent International Criminal Court. The current international criminal law discourse, as expressed by recent case law, is geared towards the protection of certain groups targeted on account of their distinctiveness within the framework of a conflict situation, and gender is not recognized as one of these group identities. The question whether international criminal law on sexual violence applies only to inter-group conflicts brings to the fore an uneasy likelihood of exclusion of some recently emergent situations where identities of the conflicting parties transcend a particular ethnicity or nationality, and where victims of sexual violence belong to the same group as their perpetrators. The article argues that, rather than the Rome Statute or newly introduced rules and regulations, a significant obstacle in developing gender justice is the narrow interpretation of sexual violence to inter-group hostilities.     

Intra-Campaign Changes in Voting Preferences: The Impact of Media and Party Communication

An increasing number of citizens change and adapt their party preferences during the electoral campaign. We analyze which short-term factors explain intra-campaign changes in voting preferences, focusing on the visibility and tone of news media reporting and party canvassing. Our analyses rely on an integrative data approach, linking data from media content analysis to public opinion data. This enables us to investigate the relative impact of news media reporting as well as party communication. Inherently, we overcome previously identified methodological problems in the study of communication effects on voting behavior. Our findings reveal that campaigns matter: Especially interpersonal party canvassing increases voters’ likelihood to change their voting preferences in favor of the respective party, whereas media effects are limited to quality news outlets and depend on individual voters’ party ambivalence.     

Influence of Voter Demographics and Newspaper in Shaping Political Party Choice in India: An Empirical Investigation

Choice of political party is an important decision a citizen faces in a democracy. In recent times, as democracies in many countries have matured, a number of studies are focusing on party and candidate choice and their various determinants. India, being the largest democracy, provides a fertile ground for such research. Accordingly, in this paper we concentrate on demographic characteristics, newspaper-reading habits of voters, and their political choice. To study this we have considered a very unique data set collected just before the watershed elections in the state of West Bengal in India, where the ruling Communist coalition was defeated after thirty-four years of power in the state. The survey was conducted using a structured questionnaire to collect information on demographic characteristics of voters and their political choice. The respondents were asked to indicate their party choice from among the three major political parties. As the literature shows that gender, age, education, income levels, marital status, occupational status, and choice of newspaper have significant impact on political choice, we have considered these as predictor variables for our study. From our study it is seen that among the demographic determinants, gender, marital status, and income of the respondents do not influence the choice of political party in our sample. However, occupation and newspaper choice of voters have significant impact on political party choice in our sample. In addition, we have observed that certain categories of age of voters significantly influence decision making of voters along with occupation and newspaper choice categories.