Juror adjustments to the reasonable doubt standard of proof

The standard of proof beyond a reasonable doubt is based on the law's primary motivation to avoid false conviction even at the expense of increasing the probability of false acquittal. Individual jurors, however, have common sense motivations to make factually correct decisions by avoiding both types of error. As a result jurors may interpret the standard of reasonable doubt correctly but deviate from that interpretation in predictable ways when they apply the standard in court. This study makes three hypotheses: (1) jurors are less confident when deciding on acquittal than when deciding upon conviction, (2) conviction is associated with a downward adjustment of the interpreted stringency of the standard at the time of application, and (3) a highly stringent interpretation of the standard is associated with a severe downward adjustment of that stringency at the time of application. The study asked 260 juror-eligible participants to examine a trial scenario. The participants first interpreted the stringency of the legal standard on a probability scale. They then judged the probability of the defendant's guilt, decided on a verdict, and rated their confidence in that verdict. The findings strongly supported all three hypotheses. Application and implication of the study were discussed.     

Making mothers: parenting classes in a women’s jail

In the wake of the War on Drugs, more mothers are incarcerated in US prisons and jails than ever before. Parenting classes have become ubiquitous in penal facilities that incarcerate women, but research about mothers’ experience in parenting class is limited to measures of efficacy about things like parenting attitudes and mental-health indicators. This study supplements existing research by adding an ethnographic lens to women’s experiences with parenting classes during incarceration. Drawing on 18 months of participant observation in the women’s unit of a county jail and 83 interviews with incarcerated mothers, I analyze incarcerated mothers’ experiences with parenting classes. Staff and inmates used parenting classes to create ways for women to do mothering during incarceration. Mothering in your head, longing to mother, and guilt as mothering enabled incarcerated mothers to maintain their identities as mothers despite their separation from their children. However, these practices could also be poor substitutes for spending time with children and did not necessarily reflect the reality of women’s lives outside of jail. These ways of doing mothering from afar were also a form of social control for the penal institution, as these mothering behaviors were consistent with being a good inmate.     

家事诉讼与儿童利益保护

儿童利益是一种身份利益,具有显著的公益性,国家与社会必须给予特殊保护。涉及儿童的家事审判要遵循儿童利益最大化、儿童参与以及儿童优先保护等原则。从我国家事审判立法看,涉及儿童利益保护的规定散见于诸多的法律、司法解释以及政策性文件中,这些规定尽管为家事司法提供了基本的依据,但缺憾亦非常明显,表现为没有上位法的原则性规定,没有形成体系完整、结构合理的专门制度,部分立法规范前后矛盾,缺乏科学性和严谨性,缺乏实现儿童利益最大化的具体程序和相关配套机制。为此,有必要在基本法和部门法层面确立儿童利益最大化的法律原则;保障儿童表达意见权利和诉讼参与权;从司法层面看,确认儿童的诉讼主体地位,确立涉儿童家事案件职权探知、职权调查原则,建立专业化的家事审判机构。通过上述多重举措,真正实现家事审判对儿童利益的充分保障。     

Dual-System Families: Cash Assistance Sequences of Households Involved With Child Welfare

Dual-system families, those involved with the child welfare system and receiving public cash assistance, may be more vulnerable than families connected to only one of the two systems. This study advances our understanding of the heterogeneous and dynamic cash-assistance histories of dual-system families in the post–welfare reform era. With merged administrative data from Washington over the period 1998–2009, we use cluster analysis to group month-to-month sequences of cash-assistance use among households over the 37-month period surrounding child removal. Close to two thirds of families who received any assistance either had a short spell with Temporary Assistance for Needy Families (TANF) or lost TANF. Smaller percentages had steady support. Families who lose assistance are less likely than average to reunify while those who connect to benefits are more likely, suggesting that coordination between systems may serve dual-system families well.     

Assessing Risk of Placement Instability to Aid Foster Care Placement Decision Making

Placement stability is of critical importance to the well-being of children in foster care and has an impact on other key outcomes. Placement decision-making that matches children with placement resources is often cited as a practice that impacts placement stability, but little research exists to inform this practice. The focus of this research is on a child assessment tool that was developed to determine the appropriate level of care, which serves as one component of a web-based matching system that pulls together child and placement information used to inform the placement decision. The research examines the relationship between the child assessment subscale domains and placement stability for first and subsequent placement decisions and evaluates the stability of placements made in and outside of the indicated level of care.     

Assessing the Relationship Between a Peer-Mentoring Program and Case Outcomes in Dependency Court

Building successful family-centered programs to support families whose children have been removed can be especially challenging to child welfare agencies. Peer-mentoring programs match families new to the dependency system with a mentor who has successfully reunified with their children. The current study examines the relationship between a peer-mentoring program, Parent for Parent (P4P), engagement levels of parents, and case outcomes for these families. Findings revealed that participants in the peer-mentoring program experienced increased engagement levels and improved outcomes for their cases. Specifically, mothers and fathers who participated in P4P increased their compliance with case plans and visitation, as well as increased presence at court hearings. Reunification rates increased for all families who participated in the peer-mentoring program, compared to those who did not. Few associations were found between racial and ethnic groups and program participation. The implications of these findings and suggestions for future research are discussed.     

论公司法上补充责任的共同诉讼形态——以类似必要共同诉讼为出发点

补充责任的共同诉讼形态一直是理论争议的焦点,而将类似必要共同诉讼合一确定的范围扩及逻辑上有合一确定必要之情形,有助于该问题的解决。类似必要共同诉讼适用范围之扩张,使其不再局限于诉讼标的同一,以既判力扩张为合一确定判断标准的观点也应得到修正。在债权人先单独起诉股东时,因具备逻辑上合一确定之必要而应赋予债权人追加公司参与诉讼的权利。公司、股东作为共同诉讼人,对债权债务这一基础事实所采取的有利诉讼行为及于全体,所有不利诉讼行为仅及于自己。     

我国家庭暴力问题再探

家庭暴力问题可以说自家庭这个社会团体的出现便存在,无论是中国还是外国概莫能外。家庭暴力问题已经成为构建和谐家庭与和谐社会的大敌,是造成社会不稳定、影响社会发展的重要因素。从家庭暴力的特性、加害人和被害人的互动关系、家庭暴力产生的原因和控制模式等方面进行探讨,有助于对家庭暴力问题的系统解决。     

整合情报信息 优化警察临战决策

实现对警察临战活动的动态管理,建立警察临战决策支持系统,帮助临战指挥者在短时间内迅速而科学地作出和实施突发性事件决策,是获取临战活动竞争优势的保证。基于数据仓库的临战决策支持系统,利用数据挖掘技术建立各种模型和知识仓库进行分析,并通过一系列形象化手段向临战决策者提供分析结果,可使决策者从更广泛、更全面的视角了解临战情况并分析其发展趋势及内在原因并据此作出更科学的决策。     

析中国古代家族法

家族法是中国古代法制中的一个独特现象,有其产生的特殊背景。我国古代家族法与国家法并存,形成一种二元结构。古代中国家族法作为国家法的补充,发挥了重要的作用,在今天看来,仍然有一定可取之处。但是,它毕竟是古代奴隶制、封建制的产物,也有其内在的不足。