专家、利益集团与公共参与

公共参与制度在行政决策中方兴未艾,而专家咨询机制也愈显重要。在公共参与背景下,公众与专家的角色定位及功能作用亟需反思。纷繁复杂的公共参与理论基础直接影响到专家咨询制度的定位、功能与运行。美国专家咨询制度的经验和教训,为完善我国专家咨询制度提供了借鉴。法治化、型式化、竞争化、公开化是完善我国专家咨询制度的应有取向。     

Peer‐Reviewed Forensic Consultation in Practice: Multidisciplinary Oversight in Common Expertise

The fallibility of forensic science consultation is an ongoing and major justice concern. Prospective peer‐reviewed forensic consultation has over 10 years of application in American criminal and civil courts, adapting from the traditional oversight of teaching hospitals, rules of evidence and discovery, conventions of testimony of expert witnesses, and attorneys' overall trial strategy. In systematizing heightened oversight, this process ensures greater accountability in forensic science consultation. The integration of peer reviewers' complementary expertise and experience enhances the sophistication and overall quality of assessment. Forensic examination frequently involves the interface of different specialties. Multidisciplinary peer review augments expert proficiency with that of professional peers having different vantage points from relevant scientific disciplines. This approach ensures greater sophistication of a case inquiry, built‐in accountability, and streamlined processes when multiple experts are necessitated. Here, the authors present examples of several cases and the primary and secondary benefits of this collaborative, rigorous, cross‐disciplinary exercise.     

Driving Under the Influence of Synthetic Cannabinoid Receptor Agonist XLR‐11

The case of a 22‐year‐old male Caucasian driver is presented. He was involved in a traffic collision. At the roadside, he displayed blank stare and mellow speech with a barely audible voice. A DRE found low body temperature, rigid muscle tone, normal pulse, lack of horizontal and vertical gaze nystagmus, nonconvergence of the eyes, dilated pupil size, and normal Pupillary reaction to light. A standard toxicology DUID protocol was performed on the driver's whole blood including ELISA and GC‐MS drug screens with negative results. Additional drug screening was undertaken for bath salts and synthetic cannabinoid receptor agonists by LC‐MS/MS by a commercial laboratory and identified the synthetic cannabinoid receptor agonist XLR‐11 in the driver's blood. XLR‐11 was subsequently quantified at 1.34 ng/mL. This is the first documented case involving a driver operating a motor vehicle under the influence of the synthetic cannabinoid receptor agonist XLR‐11.     

Development of an instrument for assessing the quality of forensic evidence and expert testimony from three feature-comparison methods: DNA,voice, and fingerprint analysis

In a context of rising violence and long-lasting impunity, in 2008, Mexico's criminal justice system underwent a radical change from an inquisitorial model to an adversarial one, to make it more effective, transparent, and expeditious. The new system tasked judges with publicly determining the admissibility of forensic evidence, as well as assessing its technical quality and probative value—tasks for which they currently receive little to no training. With the aim of contributing to the consolidation of the adversarial model, a comparative framework—in the form of a checklist—of the analysis of fingerprints, DNA samples, and voice recordings was created. To do so, a review of the academic literature, published reports, and guidelines was performed. The collected data were synthesized and submitted to a panel of Mexican judges, who provided feedback on its adequacy. The framework focuses on the steps on which quality assurance of forensic evidence depends, organized in five discrete stages that span from the collection of samples at the scene of a crime to the presentation of evidence at trial, specifying the main technical criteria experts should state to allow a decision maker to examine its accuracy and reliability. Differences and commonalities among the three methods were identified, particularly in terms of how qualitative and quantitative analyses are performed in each. Besides its potential usefulness as an aid for judicial decision-making, the checklist could be a valuable resource for training programs aimed at judges, as well as quality assurance programs.     

What role does gender have in shaping knowledge that underpins the practice of midwifery?

Midwifery is an ancient profession that continues to be practiced almost exclusively by women. This paper explores the role that millennia of gender exclusivity has had in shaping the knowledge that informs the profession. Prior to the Renaissance this knowledge was exclusively female, largely oral, tacit and intuitive whilst recognising childbearing as an important transformative period in a woman’s lifecycle. Male scientific enquiry in the seventeenth century into human anatomy extended to women’s bodies and childbirth and disrupted the female ways of knowing. Their positivist ontology focussing on the mechanics of childbirth created an opportunity for intervening in a normal process and receiving payment for it. The perceived structural superiority of a male obstetric ontology of childbirth has posed an existential threat to the midwifery profession. This paper concludes by discussing how 20^th century professional regulation of midwifery has encouraged midwives to use patriarchal structures and frameworks of knowledge to co-exist within the hegemonic biomedical model advocated by the majority of their obstetric colleagues.     

The spatial determinants of the prevalence of anti-elite rhetoric across parties

Abstract

The article investigates whether there are specific spatial conditions that make a party more likely to pay closer attention to anti-elite rhetoric than to alternative issues in its political confrontation with other parties. The article first treats anti-elitism as a non-policy vote-winning strategy that could be valued positively by a broad class of voters across ideological lines (its ‘quasi-valence’ attribute). It is then shown that the incentive of a party to embrace such a strategy grows as the ideological space separating that party from the other(s) shrinks. This hypothesis receives empirical support from the 2014 Chapel Hill Expert Survey Data.     

Resistant to Change? The European Commission and Expert Group Reform

This article examines how the European Commission has responded to external criticism and demands for the democratisation and reform of the way it uses expert groups in EU policy making. The article analyses the nature and character of the Commission’s dialogue with its critics and the degree and extent to which it was prepared to adapt its existing internal processes and procedures to the reform agenda. Recent theories inform us that organisations respond in different ways to external criticism and demands for reform, including full adaptation, evasion, institutional decoupling and reinterpretation. The main findings suggest that the Commission was not completely resistant to changing its approach to the use of expertise. The Commission reinterpreted its critics’ demands by introducing reforms that defused this external pressure, while protecting the effectiveness of its existing internal ideology and processes. These findings serve to enhance the Commission’s image as an increasingly normalised bureaucracy and reinforce the importance of knowledge and expertise as a key source of Commission legitimacy.     

An Approach to Speaker Identification

This presentation will provide standards upon which any attempts to meet the challenge of identifying speakers by voice should be based. It is organized into a model based on (i) application of a rigorous research program validating the system, (ii) an upgrading of the organization of the SI area, and (iii) exploitation of new technology. The second part of the presentation will describe an illustrative speech/voice approach to SI development. This effort is also based on an extensive corpus of research. It is suggested that application of the cited standards, plus the illustrative model, will permit reasonable progress to be made. Finally, a number of procedural recommendations are made; they should enhance the efficacy of the proposed approach.     

United we stand: Constituency homogeneity and comparative party polarization

We argue that party polarization is a function of parties' distances, their internal homogeneity, and their relative sizes. While existing measures in political science incorporate the first and last feature, party homogeneity is typically neglected. Since virtually all polarization measures in one way or another incorporate distance, we suggest a simple way to adjust distance measures for party homogeneity. We then examine levels and trends of polarization in nine OECD countries using a newly collected data-set which includes left–right party positions based on both expert and mass surveys.     

鉴定结论和勘验笔录作为证据种类的困境与未来

鉴定结论和勘验笔录作为独立证据在现行法律框架内存在种种困惑与悖论 ,文章认为在未来证据立法中应取消二者的证据资格 ,鉴定人、勘验人纳入证人范畴 ,鉴定、勘验为证据调查手段