Implementing and evaluating crime prevention and control programs and policies

The history of crime prevention and control efforts in the United States has demonstrated little progressive improvement in our ability to deter crime. The major obstacles to implementing effective interventions and policies have been a weak scientific knowledge base about how to prevent crime, the research community's inability to effectively disseminate what is known about the causes of crime and to translate this knowledge into operational programs and policies, and a resistance on the part of practitioners and policy makers to evaluate programs and policies and to use this information in the development of new programs and policies. In the last decade, there have been major advances in our understanding about the causes of crime and we have now demonstrated the effectiveness of selected prevention programs. But there is little evidence that this scientific knowledge is informing current practice or policy. Problems in the dissemination of this information and the resistance to utilizing it remain. These problems are discussed and suggestions are made for addressing them. Our knowledge base remains modest, but it is now sufficient to inform policy and practice. The research community must work to do a better job of disseminating this information and overcoming the resistance to utilizing it before we will be successful in implementing effective crime prevention programs and policies. This revised version was published online in July 2006 with corrections to the Cover Date.     

Women's criminality,criminal women,criminalized women? Questions in and for a feminist perspective

Although the notion of taking gender into account in social analyses has been around for some time, for the large partit has not been taken seriously by criminologists. In this article, Laberge shows how the neglect of women's criminality has been to the detriment of criminological inquiry. Through an examination of the questions usually asked about women in contact with the penal system, the author takes us beyond an ‘additive’ approach to explaining crime. Reorganizing these questions, she outlines a number of analytical distinctions that will transform our understanding of criminalized women, specifically, and criminological inquiry, generally.     

贪污贿赂犯罪初查行为探析

我国检察机关一般将立案前的调查活动称为"初查"。初查行为在性质上应当是一种任意侦查行为,其本质是一种特殊的认识活动。由于立法规定的缺失,导致初查行为实际上没有得到合法授权,因而初查权力的合法性受到质疑。规制初查行为的途径首先是将初查行为纳入刑事诉讼法中,在时机成熟时应当设立与贪污贿赂犯罪特点相适应的单独的初查制度。     

Writing las dissertations,part one: the rationale for an experimential research project

This article describes the impetus for a research project conducted during 2002–2003 into our law students' experiences of undertaking a dissertation module. It also discusses the rationale for the particular methodology and approach we have used to conduct this research, and presents the results. A driving force behind this research project was not only the desire to obtain knowledge for its own sake but also the need to identify and enhance positive aspects of students' experience of this module. We decided to adopt a student led and experiential method of carrying out our research that focuses directly upon the students' lived-experience of engaging in dissertation writing. The rationale for this decision was our acknowledgement that, within the last decade, students are increasingly defining themselves as consumers of educational services and have a legitimate and indeed pivotal role in quality assurance strategies. We also recognised that adopting an experiential method of inquiry, informed by a phenomenological approach, should, in principle, help to empower students by acknowledging their autonomy and encouraging them to engage in critical reflection. Finally, applying this methodology would provide us with precisely the subjectively rich type of research data derived from the students' lived-experience that we sought. This revised version was published online in July 2006 with corrections to the Cover Date.     

Race, Money and Medicines

Taking notice of race is both risky and inevitable, in medicine no less than in other endeavors. On the one hand, race can be a useful stand-in for unstudied genetic and environmental factors that yield differences in disease expression and therapeutic response. Attention to race can make a therapeutic difference, to the point of saving lives. On the other hand, racial distinctions have social meanings that are often pejorative or worse, especially when these distinctions are cast as culturally or biologically fixed. I argue in this essay that we should start with a presumption against racial categories in medicine, but permit their use when it might prolong lives or meaningfully improve health. Use of racial categories should be understood as an interim step; follow-up inquiry into the factors that underlie race-correlated clinical differences is important both to improve the efficacy of clinical care and to prevent race in itself from being misunderstood as a biological determinant. If we pursue such inquiry with vigor, the pernicious effects of racial categories on public understanding can be managed. But perverse market and regulatory incentives create the danger that use of race will be "locked-in," once drugs or other therapies are approved. These incentives should be revisited.     

Higher education facing the challenges of the information age

It is claimed that traditional higher education has become obsolete. It was justified as long as knowledge was concentrated in the hands of a few experts and in not-easily accessed libraries. However today, the three pillars of higher education - the production of new knowledge, teaching, and the preservation of knowledge - can easily be and more efficiently replaced by electronic means. One can learn whatever and wherever one wants. This can make the diffusion of knowledge far more affordable, more democratic, and less elitist. However, there are a number of social, psychological and societal factors that need to be taken into consideration, serving as counter-forces to the rush to provide electronic replacements to higher education. These factors cast strong doubts on the true value and efficacy of virtual higher education. The solution may lie neither in the wholesale abolishment of institutions of higher education nor in ignoring the opportunities afforded by novel information technologies, but rather in pursuing differentiation between virtual universities and regular ones such that each will excel in its own way. Similarly, we will have to think of differentiation within our institutions so that we come to harvest the new technological opportunities to improve existing higher education. This revised version was published online in July 2006 with corrections to the Cover Date.     

Organised Cybercrime or Cybercrime that is Organised? An Assessment of the Conceptualisation of Financial Cybercrime as Organised Crime

Criminological research over the last couple of decades has improved our understanding of cybercrimes. However, this body of research is regarded as still theoretically thin and not fully developed; more knowledge on the actors involved, their characteristics, and modus operandi is needed. Some publications recently suggested that organised crime is or might be involved in cybercrimes, which would have important policing implications, but evidence-based research on this point is still scarce and inconclusive. This article seeks to further this path of inquiry by providing a systematic analysis of 40 cases from The Netherlands, Germany, UK, and USA where criminal networks were involved in financial cybercrimes affecting the banking sector. It also assesses whether and to what extent these criminal networks meet the definitions of organised crime and discusses the theoretical and policing implications of our findings.     

FAMILY DEVIANCE AND DELINQUENCY IN CHINA*

This research explores the relationship between family deviance and delinquency using survey data from Tianjin, a large city in China. We hypothesize that, similar to findings in the West, family deviance will be positively related to delinquency in China. We also hypothesize that the nature of the causal process linking these two variables will differ in certain respects from the pattern observed in Western nations, reflecting the unusually strong emphasis placed on family relations in Chinese society. The results of the analysis are mixed. Consistent with expectations, family deviance is positively related to official delinquency status, exhibiting indirect effects via family controls, moral commitments, and deviant associations, and direct effects that are likely to reflect family group pressures. We also discovered appreciable effects of friends' deviance, which runs counter to our hypothesis that the influence of family variables will significantly diminish the importance of peer associations. In general, our analysis indicates the key role of the family in explaining delinquent behavior in China, and it illustrates the utility of cross-cultural research for assessing the generality of research findings and identifying new directions for criminological inquiry.     

Perpetrator programmes for partner violence: A rejoinder to Respect

Purpose. To reply to the comments made by Debbonaire and Todd (2012) in relation to our critique of Respect's Position Statement. Method. We examined their reply in relation to our original article and to the wider research literature. Results. We show that Debbonaire and Todd's reply is largely a series of assertions, for which little or no supporting evidence is offered. Their argument is first that we are misplaced in criticizing their Position Statement, and second that the main points of the statement are defendable. We indicate why our criticisms of the statement still stand. Conclusions. We argue that Respect have not countered our overall criticism of their position that intimate partner violence (IPV) can only be addressed as a gendered issue, that is as a consequence of patriarchal values enacted at the individual level. Instead we advocate a gender‐inclusive approach applying a knowledge base derived from robust empirical research on IPV and more widely from research on human aggression.     

Śrīharṣa on Knowledge and Justification

In this paper I explore the extent to which the dialectical approach of ?rīhar?a can be identified as skeptical, and whether or how his approach resembles that of the first century Mādhyamika philosopher Nāgārjuna. In so doing, I will be primarily reading the first argument found in ?rīhar?a’s masterpiece, the Kha??anakha??a-khādya (KhKh). This argument grounds the position that the system of justification (pramā?a) that validates our cognition to be true is not outside of inquiry. Closely adopting ?rīhar?a’s polemical style, I am neither proposing a thesis in this paper that ?rīhar?a is a skeptic, nor am I denying such a possibility. I believe we can pursue our arguments on a neutral ground and let the facts speak for themselves. I will outline salient features that define skepticism in the mainstream philosophical discourse so that analyzing ?rīhar?a’s first argument becomes easier. In so doing, I will introduce some of the arguments of Nāgārjuna in light of ?rīhar?a’s position. This comparison, however, is restricted only to the salient features relevant to further the central argument of this paper and is therefore not aimed to encompass the overall positions of these two giants.     

Management knowledge and the organization of team science in university research centers

Increasingly, principal investigators are tasked by funding agencies not only to expand knowledge in a particular field of inquiry, but also to manage and coordinate sets of diverse actors, including researchers with different disciplinary backgrounds and with different institutional affiliations. This paper addresses how principal investigators organize and manage sets of diverse researchers in university research centers. The premise of the paper is that centers possessing “management knowledge”—as embodied in principal investigators themselves and in colleagues and subordinates (e.g. past experiences in centers, industry, formal management training and professional experience)—will demonstrate different structural and managerial characteristics when compared to centers without management knowledge. Based on interviews and documents for a purposive sample of centers established by the US National Science Foundation, the study investigates the organization and management of centers as a function of the presence and type of management knowledge of the center directors across multiple cases. Implications for addressing common challenges to team science in university research centers and comparable arrangements are discussed.     

论法官的知识

我国目前正在推进司法活动专门化的进程,受社会的变化、法官与学者的作用以及国家策略等因素的影响,法官的知识也必将发生结构性的变迁。现代社会中法官的知识对法官及社会都会产生重要影响。因此,在法官知识的转型过程中,在关注法律专业知识的同时,不应忽略法官的生活知识及生活理性。     

Accusatorial and information-gathering interview and interrogation methods: a multi-country comparison

Suspect interviewing and interrogation practices have been studied in many different countries, including those in North America, Europe, Asia, and Australia. These studies have produced useful and interesting findings, while also leaving an opening for future inquiry. Specifically, previous research has noted that we might expect interrogation and interviewing practices to vary among different countries or regions, due to distinct approaches to suspect questioning. However, to our knowledge, few previous studies have examined the comparative use of tactics, techniques, and procedures employed to elicit confessions and information from criminal suspects across multiple countries. In the present study, using a consistent survey, we contrasted the interviewing and interrogation practices of 185 practitioners from America, Canada, and Europe, Australia, and New Zealand. In large part, we found that American and Canadian interrogators were similar to one another, and conformed to an accusatorial approach (in both deception detection and questioning techniques). In contrast, interviewers from Europe, Australia, and New Zealand conformed more to an information-gathering approach.     

POWER IN THE AMERICAN ECONOMY: A REVIEW AND COMMENTARY

The two books I have been reviewing have made a number of points about the nature of power in the American economy. Our economic society is dominated by large institutional actors. Supporting this reality are layers of traditional reasons, some of which are myth-like. These institutions are not necessarily as efficient or as innovative as these traditional beliefs inform us, and they coalesce to form an interconnected whole that operates to serve institutional interests first. In the process, large business corporations come to see natural persons as roles. This perception at once increases the individual's mobility and her irrelevance. Many of us are leading meaningless lives as we serve the objectives of others in our work. Overall, the large American business corporation has brought a new form of social organization that substantially truncates us as natural, whole persons. In the process, these organizations are challenging the family as a dominant form of organization in our society. Rights in our society accrue to the actor with productive capacity. Through the use of political power, market research, and advertising, we can discern a type of power that subtly conditions us to believe that this reorganization of our environment is proper and right. As we pursue our own “free will,” therefore, we actually submit to the objectives of the large business corporation. Generally speaking, Adams, Brock, and Coleman agree on this fundamental point: the dignity of individual purpose and meaning that we share and that define us as human beings is thwarted by a set of institutional arrangements that have fundamentally reoriented our society to serve the institutions' own objectives of profit and growth. Why is this important? It seems that in social systems, like mechanical systems, something is lost when mass is increased. As our important institutions become larger, what is lost is a kind of knowledge about our own environment and how it works. In the place of this first-hand knowledge, we come to rely on second-hand knowledge provided by social-science experts. Without this first-hand knowledge, we lose the confidence that we have the ability to see for ourselves what has meaning and to bring about desired changes in our lives. With the loss of confidence, we lose power, a form of power that each of us is told from childhood that we, by nature, should have. Our individual wills and perceptions atrophy without use. We come to believe that our place in the social order is inevitable and natural. In short, the individual, the source of both knowledge and political rights, has become secondary to the will and strength of large private and public institutions. How can natural, individual actors regain–or perhaps realize for the first time –power in their own lives? In reaching for an answer to this question, I believe Adams, Brock, and Coleman have overlooked some essential features of our modern political economy.     

彰显信访作用 构建和谐社会

当前,既是我国发展中的“黄金机遇期”,又是我国发展中的“矛盾凸显期”,信访工作面对前所未有的挑战。新时期,做好信访工作有利于创新符合和谐社会构建要求的利益表达机制、社会管理体制、社会运行机制、群众工作方法,促进社会和谐的发展。为此,要实现信访观念的创新,树立为民观念、畅通信访渠道;要实现信访体制的创新,建立“大信访”、完善“责任制”;要实现工作机制的创新,实现标本兼治,完善信访功能;要实现信访方法的创新,注重情理兼顾、突出依法办访。     

Skills and regional entrepreneurship capital formation: a comparison between Germany and Portugal

Entrepreneurship capital has frequently been characterized as an important determinant of regional economic growth. Yet, we have limited knowledge about what explains why certain regions are more successful in creating entrepreneurship capital in general and in particular in technology- and knowledge-intensive sectors. In this paper, we shed light on the skill base of a region in terms of its endowment with human capital and the composition, i.e. specialization or diversity, of skills. Moreover, we look at the context in which entrepreneurship capital formation takes place by focusing on differences in the institutional infrastructures for entrepreneurship in two European countries: Germany and Portugal. Based on harmonized datasets, our results indicate important differences between the countries. Specifically, our results suggest that both specialization and diversity theories hold, and that the effects are thus contingent on regional factors.     

Crack as Proxy: Aggressive Federal Drug Prosecutions and the Production of Black–White Racial Inequality

In this article, we empirically examine jurisdictional variations in federal crack prosecutions to measure whether aggressive crack prosecutorial practices are associated with racial inequality in federal caseload characteristics and outcomes. Building on theories that address the production of inequality in institutional settings, we hypothesize that U.S. Attorneys’ offices that are more proactive in charging defendants with crack, relative to other kinds of drugs, and relative to case strength and seriousness, will demonstrate higher rates of black–white racial inequality in case outcomes across the entire criminal caseload. Consistent with theories of institutional racism, our findings demonstrate that aggressive crack prosecutions at the district level are a strong predictor of black–white inequality in conviction rates across the entire criminal caseload, and a much more modest predictor of inequality in final sentence outcomes. We conclude by discussing the importance of organizational‐level empirical analyses for more effectively uncovering the conditions under which inequality can and does flourish in legal settings, and suggest possible future lines of inquiry along these lines.     

平等保护请求权研究

平等保护请求权是一种公法上的请求权 ,是公民在遭受公权力的不公平对待后请求公法救济的基本权利 ,平等保护机制正是以此为基础而建立的。我国尚未承认公民广泛的平等保护请求权 ,因而受限于狭隘的行政诉讼范围 ,以致大量的公权力“歧视现象”无法通过法律途径加以解决 ,公民权利无法获得法律的平等保护。面对制度缺漏与问题叠出的困境 ,我国应以公民的平等保护请求权为基础 ,以立法机关的违宪审查与司法机关的行政诉讼制度为主要载体 ,建构符合我国法律体制的平等保护机制     

公共信息的回归路径?--股东名册和营业执照保管的乌托邦

股东名册和营业执照保管规则"整体软化"表明必须重思公共信息的保管形式.公共信息可采取多种保管机制但中国社会的信用环境决定了对股东名册和营业执照采取私人保管方式必然走向失败.因此,应在明确股东名册功能的基础上,对股东名册和营业执照实行公共托管,使公共信息回归其公共性.如果这种近乎乌托邦的设想能在中国实现,那么,"私法自治"将获得坚实基础,交易安全的维护机制也将发生彻底变革.     

讯问中的问题逻辑研究

本文从问题逻辑的基本原理出发,分析了问题的几种结构形式、应答域预设的逻辑特征、问题真假的理解以及不同问题之间的逻辑联系。研究了讯问中问题的逻辑特征,借鉴讯问的几种方法,为科学讯问提供了逻辑参考。