推进行政改革·打造法治政府·构建和谐社会——行政管理改革创新的背景、趋势、重点和界限

我国行政管理新举措层出不穷且争议甚多,诸多典型案例暴露出严重的观念滞后问题,必须克服戴旧眼镜看新事物的现象;我国行政管理改革创新是在政治、经济体制改革深化和科技革命影响的复杂背景下进行的,其基本趋势是在以人为本的前提下走向柔性管理、高效管理和方法创新,重点是行政管理方式方法的创新发展;行政管理改革创新应坚持法治原则和实践标准等基本界限,防止借创新之名行营私之实;要以法治和发展的眼光来看待、以宽容和冷静的心态来对待当下的行政管理新举措及其争议,以打造法治政府,构建和谐社会。     

公安院校多媒体课件的编制

随着计算机多媒体技术的飞速发展 ,多媒体课件已被公安院校教师广泛应用于教学过程中。编制多媒体课件时应选择合适的课题 ,编制的课件应符合学员的学习认知规律并具有艺术美感。     

关于妨害对公司、企业管理秩序罪执法不力的思考

实务中妨害对公司、企业管理秩序罪的犯罪大量存在 ,但是被宣判的却相当少。导致这种现状的原因在于公司法立法的落伍、自律机制的缺失和社会生活中对私人集团的过度依赖。为了解决这些问题 ,应当抛弃陈旧观念 ,将部分罪非罪化 ;建立健全自律机制 ;通过政治体制改革限制私人集团在社会生活中的作用。     

Context Effects in Forensic Entomology and Use of Sequential Unmasking in Casework

Context effects are pervasive in forensic science, and are being recognized by a growing number of disciplines as a threat to objectivity. Cognitive processes can be affected by extraneous context information, and many proactive scientists are therefore introducing context‐minimizing systems into their laboratories. Forensic entomologists are also subject to context effects, both in the processes they undertake (e.g., evidence collection) and decisions they make (e.g., whether an invertebrate taxon is found in a certain geographic area). We stratify the risk of bias into low, medium, and high for the decisions and processes undertaken by forensic entomologists, and propose that knowledge of the time the deceased was last seen alive is the most potentially biasing piece of information for forensic entomologists. Sequential unmasking is identified as the best system for minimizing context information, illustrated with the results of a casework trial (n = 19) using this approach in Victoria, Australia.     

The enhanced cognitive interview: expressions of uncertainty,motivation and its relation with report accuracy

The Enhanced Cognitive Interview (ECI) is one of the most widely studied and used methods to interview witnesses. However, ECI research has mainly focused on increasing report size and somewhat overlooked how to improve and evaluate report accuracy. No study evaluated if witnesses’ spontaneous expressions of uncertainty are accurate metacognitive judgments, nor if witnesses’ motivation during the interview affects report accuracy. This study examined how witnesses’ judgments of recall ‘uncertainty’ and their motivation perception could relate to report accuracy. Forty-four psychology students watched a mock robbery video recording and were interviewed 48 hours later with either the Portuguese version of the ECI or a Structured Interview (SI). Afterward, participants’ motivation was assessed and items of information were classified as ‘certainties’ or ‘uncertainties’. Results suggest that our ECI protocol was effective, since participants interviewed with the ECI produced more information without compromising accuracy. ‘Uncertainties’ were less accurate than ‘certainties’, and their exclusion raised overall, ECI, and SI, accuracy. More motivated participants had better recall accuracy. Accounting for witnesses’ motivation and spontaneous verbal expressions of uncertainty may be effective and time-saving procedures to increase accuracy. These are key points that professionals and researchers should consider.     

Mental disorders and cognitive impairment in ageing offenders

The aim of our study was to identify psychiatric and cognitive disorders among older prison inmates and to investigate whether there is an association between mental disorders and cognitive impairment. 138 men aged 50 and over were recruited in seven French prisons (Group 1) and 138 men aged 50 and over were recruited from the general public (Group 2). Participants were assessed using the Mini International Neuropsychiatric Interview, the Mini Mental State Examination, and the Frontal Assessment Battery. The results reveal very significant differences in the incidence of mental disorders and in cognitive performance between the two groups. However, there does not appear to be a significant link between mental disorders and cognitive performance. We discuss the risk factors for mental disorders and cognitive impairment. We raise particularly the issue of depression, which is the most common pathology in this population and which is generally associated with the risk of suicide.     

Wrongful convictions and claims of false or misleading forensic evidence

The results are reported of a study to examine case factors associated with 732 wrongful convictions classified by the National Registry of Exonerations as being associated with “False or Misleading Forensic Evidence.” A forensic error typology has been developed to provide a structure for the categorization and coding of factors relating to misstatements in forensic science reports; errors of individualization or classification; testimony errors; issues relating to trials and officers of the court; and evidence handling and reporting issues. This study, which included the analysis of 1391 forensic examinations, demonstrates that most errors related to forensic evidence are not identification or classification errors by forensic scientists. When such errors are made, they are frequently associated with incompetent or fraudulent examiners, disciplines with an inadequate scientific foundation, or organizational deficiencies in training, management, governance, or resources. More often, forensic reports or testimony miscommunicate results, do not conform to established standards, or fail to provide appropriate limiting information. Just as importantly, actors within the broader criminal justice system—but not under the purview of any forensic science organization—may contribute to errors that may be related to the forensic evidence. System issues include reliance on presumptive tests without confirmation by a forensic laboratory, use of independent experts outside the administrative control of public laboratories, inadequate defense, and suppression or misrepresentation of forensic evidence by investigators or prosecutors. In approximately half of wrongful convictions analyzed, improved technology, testimony standards, or practice standards may have prevented a wrongful conviction at the time of trial.     

Buttressing regulation of cognitive enhancement devices with principles of harm reduction

Maslen and colleagues offer an excellent model for regulating cognitive enhancement devices (CEDs), and we largely endorse their approach of extending medical device policy to include CEDs. Maslen et al. argue that since the risks and benefits of CEDs can be identified, consumers are best placed to evaluate the impact of these effects on their own wellbeing: ‘experts are to assess what the risks are, the consumer how much they matter’. In principle, we agree: consumers should be allowed to decide what risks are worth taking, but the situation is somewhat more complicated, for the evidence that consumers are in a strong position to evaluate the many risks associated with CED use is lacking. Indeed, a glance at online forums on CEDs suggests that undue risks are already being taken. Importantly, given the ease with which devices can be built using easily obtainable parts, overly tough regulation will not effectively curtail use, but rather push it underground. For these reasons, we suggest that any regulatory framework be buttressed by principles of harm reduction, providing real-world users with expert-backed recommendations for safe use. We argue for the development of tools that facilitate this dialogue, while recognizing the challenges in so doing.