为什么公正的判决会被公众指责为不公

之所以会出现公正的判决被公众指责为不公的情况,其根本原因在于法律世界与生活世界认知模式迥然有异。这种差异表现在事实认知、法律认知和法律判断形成上。大众传媒出于某种认知偏好,往往会对司法裁判的信息进行选择和重构,此后再公之于众。这种选择和重构在某种程度上妨碍了全面客观地反映司法裁判,加剧了公正的判决被公众指责为不公的情况。要减少此类现象,必须引导公众以正确的方式理解司法裁判。而这种引导既是法院的责任,也是大众传媒的责任。     

Sexual Assault Case Outcomes: Disentangling the Overlapping Decisions of Police and Prosecutors

The rape reform movement of the 1970s and 1980s was designed to improve the likelihood of prosecution and conviction in sexual assault cases. However, there is evidence that the attrition rate for sexual assaults reported to the police remains high, and that the locus of case attrition is arresting and charging decisions. In this paper, we analyze police and prosecutorial decision-making in sexual assault cases using quantitative data on sexual assaults reported to the Los Angeles Police Department and the Los Angeles County Sheriff’s Department in 2008. We argue that decisions made by police and prosecutors should not be examined in isolation from one another and that researchers who analyze arrest decisions by examining only cases that are formally cleared by arrest or who focus only on charging decisions that follow the arrest of a suspect may be ignoring important aspects of police and prosecutorial decision-making. This is confirmed by the results of our study, which reveal that a significant proportion of cases in which the police appear to have probable cause to make an arrest do not result in the arrest of the suspect and that a substantial number of cases are rejected for prosecution by the district attorney before an arrest is made. Moreover, the factors that predict arrest and charging vary depending upon the way in which the outcome is operationally defined. These results have a number of important policy implications for police and prosecutors handling sexual assault cases.     

论地方立法体系的科学构建

科学合理的构建地方立法体系 ,不仅能够实现地方立法的民主化、科学化 ,使地方立法体系完备科学 ,而且也能避免地方立法之间的重复、交叉、冲突 ,使地方立法和国家立法相衔接。为了保证地方立法体系的科学性 ,在构建地方立法体系的过程中 ,应根据地方立法的实际 ,遵循合法性、可行性、科学性、适应性等原则 ,并且要在长期的地方立法实践中 ,采取科学确定地方立法体系的调整范围、确定地方立法思路、制定地方立法规划等步骤与方法逐步完成。     

Strength of Evidence,Extraevidentiary Influence,and the Liberation Hypothesis: Data from the Field

To examine relationships between strength of evidence (SOE) and extraevidentiary variables in the context of Kalven and Zeisel’s (The American Jury, 1966) liberation hypothesis, post-trial questionnaire data were collected from judges, attorneys, and jurors associated with 179 criminal jury trials. SOE ratings were strongly correlated with jury verdicts on the three most serious charges against the defendant, and several extraevidentiary variables (i.e., pretrial publicity, trial complexity, charge severity, and foreperson demographics) were moderately correlated with verdicts. Extraevidentiary-verdict relationships remained significant when SOE was controlled, although extraevidentiary variables yielded only modest improvement in classification accuracy beyond SOE. In partial support of the liberation hypothesis, several case-related extraevidentiary variables were significantly related to jury verdicts only when the prosecution’s evidence was rated as moderately strong.     

The Silent Reform of Swiss Federalism: The New Constitutional Articles on Education

This article examines the decision‐making process leading to the new constitutional articles on education in Switzerland. It analyzes how actors from both state levels (Confederation and cantons) could reach consensus in a process that was prone to a “joint‐decision trap”. To that end, we hypothesize which factors may be conducive to a “problem‐solving” style of policy‐making in a compulsory negotiation system. Rich empirical material from various sources supports our theoretical arguments: We show that shared beliefs and a common frame of reference, the procedural separation between constitutional and distributional issues, neutral brokers, and informal structures were all beneficial to the success of the reform project.     

分辨矩阵法约简中医辨证要素初探

目的 应用分辨矩阵法对慢性支气管炎辨证要素进行约简。方法 对100例慢性支气管炎患者的口唇、发热、呼吸、脉、舌、苔、咳、痰8个决策属性进行初步数字化、数据预处理和试探性挖掘,以得到最简规则。结果 在决策属性的约简中,脉、舌、痰共同构成知识的核,口唇、呼吸两个决策属性被约简。结论 应用分辨矩阵法可得到慢性支气管炎辨证分型的最小决策规则,可作为一种中医诊断数字化的新方法。     

行政判决与民事判决既判力根据之比较

既判力的根据所探讨的是当事人为什么受到既判力约束的问题.民事判决既判力的根据,理论界主要有制度效力说、程序保障下的自我归责说、双重根据说和国家审判权说.在行政诉讼中,由于行政相对人和行政主体是两种性质不同的当事人,因此,行政相对人和行政主体受既判力约束分别存在不同的根据.     

Analysis of Ethical Leadership and Integrity Development in Local Government: The United States,The Netherlands,Montenegro, and Serbia

This research seeks to understand influences on local government integrity development as a control of corruption. Using survey data from public managers in local governments in The Netherlands, Serbia, Montenegro, and the United States, we examined three main areas: integrity policy, leadership, and organizational ethical climate. An important finding was that integrity policy comes from an indirect leadership effect that remains focused on a structural response as the primary source of ethical reasoning more than normative control. Clarity of decisions, consistency in the process of decision-making, and support for anticorruption efforts can be enhanced with a balanced approach to corruption control.