禁止下的规制：性产业在日本的法律境遇

日本法律明确禁止卖买淫行为,但由于法律本身和社会现实的原因,日本没有成为现实的性产业禁止国。日本性产业的法律制度主要体现在禁止卖淫与卖淫者保护更生、其他性产业的规制、青少年保护和警察监督四个方面。卖淫的劝诱行为与助长行为、"儿童买春"行为等受到法律制裁。除卖买淫之外的其他性产业具有合法地位。在日本流变成现实的性产业规制国后,青少年保护成为其性产业相关法律的最高现实价值。     

Effects of the criminalizing policy of sex work in Spain

The aim of this study is to analyse the effects on sex workers of new regulations that ban the practice of street prostitution in Spain. This country has not traditionally maintained a clear policy regarding prostitution. However, in recent years there has been a clear turn towards the criminalization of behaviours related to voluntary prostitution. The city councils of several Spanish cities have banned the practice of street prostitution and sanctioned it with fines issued to both prostitutes and clients. Even if few studies on prostitution have been carried out in Spain, none of them had yet analysed the effects of the adoption of civic ordinances on sex workers.In this paper we present the results of an empirical research carried out with a sample of 79 sex workers – in 20 cases with in-depth interviews – to explore the effects of the new regulation on their labour conditions.     

从英国经验看我国卖淫刑事政策的变革

上世纪末以来，英国在考察欧洲其他国家相关制度的基础上，对本国的卖淫法律制度进行全面审查，并开始变革卖淫刑事政策。在我国，卖淫的刑事政策在近十余年里遭到社会学者和犯罪学者的批评。从权利保护的价值观以及刑事政策的有效性等角度出发，可以借鉴英国变革的经验，对我国的卖淫刑事政策进行反省和变革。     

Prostitution

Abstract

In the recent literature on prostitution, there has been a focus on HIV which has tended to exclude discussion of the physical and sexual violence which precedes and which is intrinsic to prostitution. The literature of two time periods (1980-84 and 1992-1996) is critically reviewed in order to describe this trend.

The normalization of prostitution in the medical and social sciences literature, the tendency to blame the victim of sexual exploitation, and the ways in which racism and poverty are an inextricable part of prostitution are discussed here. The social invisibility of prostitution, needs of women escaping prostitution, and an overview of recent criminal justice responses to prostitution are summarized.     

Converging on Empathy: Perspectives on Baltimore City's Specialized Prostitution Diversion Program

This article explores perceptions of 17 women currently or formerly engaged in prostitution regarding Baltimore City's Specialized Prostitution Diversion program. Findings indicate that most perceive the program positively because they are in desperate need of services and because they hope it augurs the readiness of the criminal justice system to understand what leads them to engage in prostitution. Their desire to be treated like “human beings” in need of assistance, which undergirds requests for concrete services, reveals gendered understandings of responsibility and dependence that are compatible with problem-solving models of justice. It is therefore likely to resonate with criminal justice stakeholders.     

The Will to Change: Lessons from Canada's Successful Decarceration of Youth

In 1997, Canada's youth custodial facilities held 3825 sentenced youths. Eighteen years later, this number was 527—an 86 percent reduction. Overall youth imprisonment (sentenced + pretrial detention) decreased by approximately 73 percent. This paper uses Canada's successful decarceration of youths to understand what might be learned about decarceration more broadly. By examining the reforms that transpired in Canada's treatment of young offenders since the 1960s and the political/cultural shifts that occurred since the 1990s, we demonstrate that the decline resulted from changes occurring in various parts of the system. Finally, we contrast this decarceration with more than 60 years of relative stability of Canadian adult imprisonment rates as well as Canada's failure to substantially decrease youth pretrial detention in order to identify those factors seemingly necessary to reduce imprisonment more generally.     

Analysis of prostitution in Japan

Before World War II, we witnessed the purification movement, on which Christian groups embarked as moral entrepreneurs. After the war, female groups took the initiative in a movement for anti‐prostitution law. The movement resulted in the enactment of the Prostitution Prevention Law in 1956, which made prostitution a punishable criminal offense. On the other hand, in the United States in the 1960s, some criminologists advocated the necessity of de‐criminalization of victimless crimes, one of which was prostitution. Some groups of feminists also insisted on the de‐criminalization of prostitution to emancipate women toward a freer and more liberated sexuality. New ideas regarding the control, or lack thereof, of prostitution were then introduced into Japan — a country where decriminalization was not realized in the dimension of criminal laws.

With its rapid economic growth, Japan became a consumer's society, in which the demand for prostitution increased. In response to this trend, more prostitutes committed financially compensated sexual acts in disguised brothels or in other various call‐girl systems. However, the total number of offenses of the Prostitution Prevention Law exposed by the police has decreased drastically during the past thirty years. In essence, we now see the de‐criminalization of prostitution in the practices of law enforcement agencies.     

THE LEVEL OF EXPLANATION PROBLEM REVISITED—THE AMERICAN SOCIETY OF CRIMINOLOGY 1997 PRESIDENTIAL ADDRESS*

This presentation revisits the “level of explanation problem” in criminology (a personal project begun more than 35 years ago). I develop the problem historically, paying tribute to those who have led the way and those who continue it. I distinguish between the situational and interactional levels of what has previously been termed the “microsocial” level of explanation. I then elaborate the interactional level and its application to the study of youth collectivities discussed.     

Policing prostitution in an era of human trafficking enforcement

Prostitution and commercialized vice have been variously prioritized as urban crime problems across U.S. history. In response, lawmakers have historically been guided by a prohibititionst view where people selling, buying or facilitating the sale of sex are considered to be immoral and criminal. In recent years, public concern about the trafficking of persons for sex has reframed prostitution and the expectations of government response. The U.S. federal government and all fifty states have passed legislation that is guided by an abolitionist view of prostitution where people who are forced or coerced to sell sex are redefined as victims. State, county and municipal police officers are now receiving training on how to identify human trafficking cases and investigators are being trained to investigate and prepare cases for prosecution. Despite these efforts under the new legal regime, confusion exists about how sex trafficking differs from prostitution and correspondingly necessitates different types of law enforcement responses. Adding to this complication is the fact that in many major cities the responsibility for identifying and eradicating human trafficking has fallen to the same group of investigators who are responsible for enforcing vice and prostitution laws. As a result, prostitution enforcement is expected to change as police increasingly focus on identifying sex trafficking victims. Using data on police arrests for prostitution from 1980 to 2012, we examine the impact of federal and state anti-trafficking legislation on the local enforcement of prostitution. Our findings inform debate about legal reform as a response to urban crime problems and illustrate the complexities of policy implementation and interpretation.     

Australian post-separation parenting on the smartphone: What’s ‘App-ening?

In recent years Australia has seen increasing use of digital technology including smartphones and with that, increasing development and availability of online family law resources including digital applications (‘apps’). However, the extent to which online resources are being used – and are considered useful – by those experiencing relationship separation has not so far been the focus of Australian empirical research. After first briefly examining digital developments in Australia more broadly, we draw on recent data from 35 separated parents across four states to explore use and utility of family law resources available on smartphones from a ‘consumer’ perspective, focusing on apps. Our analysis suggests a gap between what is available, and what is known about and used by separating parents.     

The Fine Art of Regulated Tolerance: Prostitution in Amsterdam

I explore the idiosyncrasies of Dutch policy with regard to prostitution, placing them in the broader framework of criminal justice and policy debates in general. More especially, I shall be looking at recent developments towards, on the one hand, legalization of prostitution, and on the other a crackdown by the (criminal justice) authorities on the organized criminal networks that would appear to have gained the upper hand in Amsterdam's red-light district.     

Five years of the APEC Privacy Framework: Failure or promise?

The APEC Privacy Framework was developed from 2003, adopted by APEC in 2004 and finalised in 2005. It was intended as a means of improving the standard of information privacy protection throughout the APEC countries of the Asia–Pacific, and of facilitating the trans-border flow of personal information between those countries. In 2007 a number of ‘Pathfinder’ projects for cross-border data transfers were launched under the Framework. In the five years since the process commenced, what has it achieved, and what is it likely to achieve? This paper argues that the APEC Privacy Framework has had many flaws from its inception, including Privacy Principles that are unnecessarily weak, and no meaningful enforcement requirements. Since its adoption in 2004, little attempt has been made to encourage its use as a minimal standard for privacy legislation in developing countries (which might have been useful), and it is having little impact on the significant number of legislative developments now taking place.     

Families,frontiers and the new imperial history

One of the more recent developments in historiography has been the emergence of 'new imperial history'. The articles within this special edition of the History of the Family offer examples of how some historians have dealt with the histories of both empires and families.     

Families,frontiers and the new imperial history

One of the more recent developments in historiography has been the emergence of 'new imperial history'. The articles within this special edition of the History of the Family offer examples of how some historians have dealt with the histories of both empires and families.     

Legal profession in Britain: The 1992 conundrum

In an era of change, the year 1992 will be significant for some lawyers while irrelevant to others. Among solicitors big City firms are prospering, but those who depend on legal aid feel the pinch. The Bar has long‐term problems. Many of these developments are irreversible, argues Marcel Berlins in an Article in the “Financial Times” written shortly before the Lord Chancellor's recent announcement of proposed reforms.     

Parental Effects on the Exchange of Sex for Drugs or Money in Adolescents

Research has examined risk factors related to involvement in prostitution and sex trafficking using samples of adult prostitutes, runaway and homeless youth, and youth involved in the juvenile system. There is scant research that includes adolescents who cannot be categorized into these groups. Additionally, research is limited related to how parents affect the decision for adolescents to engage in sex for drugs or money. We examine risk factors concerning the exchange of sex for drugs or money from a nationally representative sample of adolescents. The data are structured where responses can be compared to a group of adolescents who indicated never exchanging sex for drugs or money. We used a negative binomial regression analysis to examine how the effects of parental and individual factors influence the exchange of sex for drugs or money among adolescents. Analyses revealed that individual factors were significant while parental factors were not significant; however, parental effects were significant when dimensions of parental involvement were examined.     

Theorising Children's Rights in Youth Justice: The Significance of Autonomy and Foundational Rights

This paper develops a theoretical approach to children's rights in youth justice, located within a wider rights‐based theory of criminal justice which emphasises the centrality of citizens' autonomy. Understanding what is special about children's rights in the youth justice system requires an understanding of how children's autonomy differs from that of adults. One difference is that within the legal system children are not considered to be fully autonomous rights‐holders, because childhood is a time for gathering and developing the assets necessary for full autonomy. These assets should be protected by a category of ‘foundational’ rights. It is argued that an essential component of a rights‐based penal system for children is that it should not irreparably or permanently harm the child's foundational rights. The concept of foundational rights can then underpin and strengthen international children's rights standards, including those relating to the minimum age of criminal responsibility, differential sentencing for children and adults and a rights‐based system of resettlement provision.     

Fast Tracking Persistent Young Offenders: To What Effect?

The last few years have seen much emphasis being placed on the speed of justice. In particular there has been an emphasis on speeding up youth justice, and this has resulted in quite a few Youth Courts establishing fast tracking schemes for persistent and spree offenders. One of the first of these started two years ago at Sheffield Youth Court. Its progress has been closely monitored by both the court staff and by research carried out at the University of Sheffield. The paper presents some of the results of this research, considering the purpose of fast tracking, what effect it has had on the court process, and the consequences for young offenders themselves. This revised version was published online in August 2006 with corrections to the Cover Date.