令人不适的法医影像对司法心证的影响探微

司法人员在审查案卷时,可能由于一些令人不适的法医影像而影响其客观、公正地履行职责。在现实中法医影像制作的不规范状况扩大了这种负面影响。而对这种负面影响的制约有赖于相应法律规范和证据规则的制定、制作人观念和态度的转变、制作方式的规范,以及司法人员相应素质的提高。     

Where Registered Sex Offenders Live: Community Characteristics and Proximity to Possible Victims

Recent developments in sanctions for sex offenders emphasize use of sex offender registries and residential restrictions in efforts to raise public awareness and keep offenders away from possible victims. One consequence of such efforts is to relegate registered sex offenders to socially disorganized communities. The present study draws on census tract level data from one urban county and assesses whether offenders are likely to be found in socially disorganized communities and in communities with high concentrations of potential victims. Findings show that registered sex offenders are more likely to reside in socially disorganized and disadvantaged communities, but not in locations with large pools of most types of possible victims (e.g., women living alone, children). Residential location is explained in terms of economic factors, not desire to live near possible victims. Implications for current policies and practices are discussed.     

Informing the Understudied R: Exploring and Advancing Typological Research

Creating offender typologies has become a growing interest and a potential method of improving understanding of programming needs and potential placements. Most typological research has only explored and described potential offender types. Relatively few studies have attempted to confirm the existence of created typologies or examine how offenders in each type predict important outcomes. Utilizing a large sample (N = 37,111) of reentering male offenders from Washington State Department of Corrections, we computed both an exploratory and confirmatory latent class analysis. After the confirmation of six offender types, we examined each type’s likelihood of several recidivistic outcomes. We anticipate that the described typology will assist case management, prioritizing offender needs, optimizing treatment services, and determining sequencing of multiple treatment types.     

The Effectiveness of Trace DNA Profiling—A Comparison Between a U.S. and a U.K. Law Enforcement Jurisdiction

Recovery, profiling, and speculative searching of trace DNA (not attributable to a body fluid/cell type) over a twelve‐month period in a U.S. Crime Laboratory and U.K. police force are compared. Results show greater numbers of U.S. firearm‐related items submitted for analysis compared with the U.K., where greatest numbers were submitted from burglary or vehicle offenses. U.S. multiple recovery techniques (double swabbing) occurred mainly during laboratory examination, whereas the majority of U.K. multiple recovery techniques occurred at the scene. No statistical difference was observed for useful profiles from single or multiple recovery. Database loading of interpretable profiles was most successful for U.K. items related to burglary or vehicle offenses. Database associations (matches) represented 7.0% of all U.S. items and 13.1% of all U.K. items. The U.K. strategy for burglary and vehicle examination demonstrated that careful selection of both items and sampling techniques is crucial to obtaining the observed results.     

“A different world” exploring and understanding the climate of a recently re-rolled sexual offender prison

Understanding how sexual offenders experience prison and its environment is important because such experiences can impact on rehabilitation outcomes. The purpose of this research investigation was to explore the rehabilitative and therapeutic climate of a recently re-rolled sexual offender prison. The research took a mixed methods approach and consisted of quantitative and qualitative phases. There were differences between prisoners and staff on their perception of the prison climate and for prisoner and staff relationships. The qualitative results helped to explain the quantitative findings and added a more nuanced understanding of the experience of the prison, the nature of prisoner and staff relationships and the opportunities for personal growth within the prison. The study has important implications for prisons that co-locate sexual offenders and want to provide an environment conducive to rehabilitation.     

The Impact of Negative Publicity on Police Self-legitimacy

High-profile events involving police use of force in various cities throughout the US and internationally have garnered enormous media coverage and demonstrated the importance of police-community relations. To date little empirical attention has focused on how such events may negatively impact police officers. Using survey data from 567 officers, this study considers whether perceptions of negative publicity are adversely related to officers’ sense of self-legitimacy (i.e. the confidence they have in their authority). Findings revealed officers who felt less motivated as a result of negative publicity expressed less self-legitimacy. However, the degree to which officers felt their job had become more dangerous as a result of negative publicity was not significantly related to self-legitimacy. These findings increase our understanding of the sources of self-legitimacy and reveal that negative publicity surrounding law enforcement presents a unique challenge to officers’ confidence in their authority, which can have important implications for the community.     

行政不作为及其救济

行政不作为是程序上不为的行政行为,不包括单纯的实质不为。行政不作为可以分为合法行政不作为和违法行政不作为。合法行政不作为包括有法定免责事由的行政不作为和有法定不作为权利的行政不作为。违法行政不作为的构成要件包括主体要件、法定作为义务要件、不作为状态要件和主观要件,其法定的救济方法主要有确认违法或无效和责令履行法定义务。     

一个根本不存在的共犯种类--胁从犯--胁从犯的刑法依据和政策依据质疑

以刑法第28条作为胁从犯的存在依据,实属牵强附会,刑法第28条是关于主犯和从犯的补充规定;按作用分类法的理论,胁从犯是不存在的,刑法中只有主要作用和次要作用、辅助作用的规定,一些论者关于胁从犯的"较小作用"、"作用小于从犯"、"作用最小"的观点没有刑法依据.以毛泽东同志关于"首恶必办、胁从不问、立功受奖"的论述作为胁从犯的政策依据,也值得推敲,毛泽东选集中的"胁从"之说在当时主要是指听从"首恶"指挥跟从"首恶"国民党官兵,是今天刑法中"从犯"的立法依据,而不是胁从犯的政策渊源.     

日本社会对华心态析论

中日关系被认为是中国与20多个邻国中最重要的双边关系之一.尽管中日关系大体上是好的,但是两国之间仍然存在着许多不容忽视的矛盾.为此,本文从中日双方角度对两者之间矛盾的表现及其原因进行分析,进而分析日本失衡的民族心态与当前日本消极民族主义的郁结.在此基础上,作者认为在当前的国际形势下,在如何处理中日矛盾问题上,除了事关两国政治基础的历史问题和台湾问题之外,对于双方之间不断涌现的具体摩擦,我们应该继续坚持"韬光养晦"的原则,一切服从于国家"全面实现小康社会"发展战略的大局.