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1.
This article provides the background to an international project on use of force by the police that was carried out in seven
countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on
the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has
looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical
encounter developed for this project, researchers in each country conducted focus groups with police officers in which they
were encouraged to talk about the use of force. The results show interesting similarities and differences across countries
and demonstrate the value of using this kind of research focus and methodology.
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2.
This paper examines the role of the target-based responsibility system for building upright Party style and clean government
in combating corruption in local China. It argues that the effectiveness of the target-based responsibility system in corruption
control is compromised by a number of implementation hurdles in practice. Based on a close examination of one county, Shaanxi
Province in the northwest China, this study shows that low measurability of the targets, the conflict between anti-corruption
work and other evaluation targets, and the impact of patronage politics account for the implementation failure of the target-based
responsibility system. The fundamental problem lies in that under China’s unified cadre personnel management system, political
will can interfere with the handling of corruption on a case-by-case basis, no matter what kind of anti-corruption mechanism
is employed. Under this context, the adoption of the target-based responsibility system in fighting corruption results in
nothing more than “pouring old wine into new bottles.”
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3.
This paper describes the UK’s anti-money laundering and asset recovery laws and the aims and objectives behind the regime
since the introduction of the Proceeds of Crime Act in 2002. It then evaluates the regime in terms of the amount of criminal
assets recovered, its application against organised crime and its impact upon the price of illegal drugs.
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4.
After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice
in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed
by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links
social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked
to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity
and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We
conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural
transformation and violence against women.
This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some
of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance
provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments
and findings included in this article are those of the authors and do not represent the official position of the US Department
of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca.
All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been
changed to maintain confidentiality.
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5.
This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela,
and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly
different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers
are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most
relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the
two Latin American countries represented here have a justified reputation for the frequency with which they shoot people,
whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether
these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions
were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one
of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing
their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different,
and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and
legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances
in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas
officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them
to be.
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6.
Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy
of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements
under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership
team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round
process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses
four institutional innovations designed to prevent FIC corruption.
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7.
Using data on 75 countries for six years in the period 1995–2003, this paper analyzes empirically whether and to what extent
the quality of the legal system affects the performance of the labor market. According to the regression results, a legal
system characterized by a dependent judiciary, biased courts, a lack of intellectual property protection and a lack of integrity
increases unemployment and lowers the employment level. The magnitude of the effect seems to be substantial, particularly
among young people.
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8.
This paper aims at assessing the magnitude of R&D spillover effects on large international R&D companies’ productivity growth.
In particular, we investigate the extent to which R&D spillover effects are intensified by both geographic and technological
proximities between spillover generating and receiving firms. We also control for the firm’s ability to identify, assimilate
and absorb the external knowledge stock. The results estimated by means of panel data econometric methods (system GMM) indicate
a positive and significant impact of both types of R&D spillovers and of absorptive capacity on productivity performance.
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9.
Organization members disclosing their superiors’ violations of duty are characterized by high ethical standards and, surprisingly
often, fired for blowing the whistle. This paper provides an economic rationale for firing whistleblowers in a model where
only the “ethical” type of agent can internally report the manager’s violation of duty. Revelation of an ethical type in the
organization increases the perceived future probability of detecting and punishing the manager. Replacing the ethical type
by an agent of unknown type restores this probability to its initial level, and this is optimal in organizations in which
the standard of proof in establishing the manager’s violation of duty is low.
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10.
Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany,
the article presents the results of an empirical study on the individual and collective legitimization of the use of force
by German police officers. There are numerous justifications for the use of force expressed by focus group participants in
eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups,
reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence,
the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur,
although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions,
it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of
the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They
have different influences on the individual legitimization of police actions, intertwined with the perception of the situation
as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification
for the use of force.
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11.
This paper investigates how the fragmentation of licensing right and bargaining affect the occurrence of the “tragedy of anti-commons”
in the procedure of enterprise licensing. As found in this paper, if no bargaining is allowed, then greater fragmentation
of licensing right can cause greater tragedy of the anti-commons. However, the bargaining between the bureaucracies and enterprise
can greatly ease or even eliminate the tragedy of the anti-common under public information, but the relative bargaining power
and the extent of fragmentation will affect the distribution of total surplus between the enterprise and the bureaucracies.
Yet in the case of private information, bargaining itself may not work efficiently, and interestingly, lower fragmentation
of licensing right might enhance the efficiency loss of bargaining, instead of easing the tragedy of the anti-commons.
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12.
This review paper seeks to explore some of the reasons why rehabilitation programs for male perpetrators of domestic violence
appear to be less effective in reducing recidivism than programs for other offender groups. It is argued that while the model
of systems response to domestic violence has predominated at the inter-agency level, further consideration might be given
to way in which men’s intervention groups are both designed and delivered. It is concluded that the program logic of men’s
domestic violence programs is rarely articulated leading to low levels of program integrity, and that one way to further improve
program effectiveness is to incorporate some of the approaches evident in more general violence prevention programs and from
what is know about good practice in general about offender rehabilitation.
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13.
This paper reports a study examining associations between objective indicators of the level of discipline within schools and
students’ perceptions of the strictness of discipline. Data were analyzed from the National Education Longitudinal Survey
(NELS), a nationally representative panel study of eighth grade students attending public and private schools in 1988. We
find evidence for an association between objective and perceived risk of discipline in models that examine the covariation
of these two constructs at several cross sections, and in models of change in perceptions as a function of change in school
sanctioning climate. Moreover, these associations were strongest in small and less disordered schools.
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14.
The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been
few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample
of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research
based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published
since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have
been applied, identify the limitations of the research to date, and offer suggestions for future research.
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15.
This article is concerned with what constitutes interference with the presumption of innocence and what justifications there
might be for such interference. It provides a defence of a theory of the presumption of innocence that suggests that the right
is interfered with if the offence warrants conviction of defendants who are not the intended target of the offence. This thesis
is defended against two alternative theories. It then considers what might justify interference with the presumption of innocence.
It explores the idea that interference is justified if it is necessary in a democratic society and considers the presumption
in relation to the aims of the criminal trial. It is concluded that no good grounds have been provided for interference with
the right, and that the right should be regarded as inviolable.
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16.
I take it as obvious that attempts to justify the criminal law must be sensitive to matters of criminalization—to what conduct
is proscribed or permitted. I discuss three additional matters that should be addressed in order to justify the criminal law.
First, we must have a rough idea of what degree of deviation is tolerable between the set of criminal laws we ought to have
and the set we really have. Second, we need information about how the criminal law at any given time and place is administered,
since the law in action is bound to differ radically from the law on the books. Finally, we must have some basis for speculating
what life would be like in the absence of a system of criminal justice—if the state ceased to impose punishments.
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17.
The right to request flexible working has been introduced into the UK employment laws against a background of post-fordist
work practices, which already allow for employer rather than employee flexibility. This paper posits the idea that for the
individual employee to benefit from these new rights what is required is the situation of dialogues within the workplace that
take place in an ethical frame that recognises the employee as an individual.
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18.
With the economics of racism of the 1930s and 1950s American South in mind, our essay explores the relationship between the
act of writing and institutional penology. Taking an obscure, but visceral autobiographical account by Paterson and Conrad
( Scottsboro Boy, Garden City Doubleday, 1950), we examine how discipline, punishment, and institutional identity emerge out of publishing, or, as Foucault put it, “the
power of writing.” Narratives of delinquency born out of a racialized penal economy tend to resist attempts to tame the criminal,
making institutional survival a productive discourse, and its articulation, a unique revolutionary act.
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19.
This article examines the media reportage of white-collar crimes, organised crimes and cybercrimes, principally in the British
but also in the US media. It illustrates the ways in which different newspapers depict crime seriousness and how some defendants
adapt to these portrayals. It examines competing explanatory models and suggests that although reportage has an ideological
component, ‘news values’ and production pressures as well as ‘action triggers’ such as prosecutions or regulatory interventions
are important.
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20.
This article aims at identifying differences in copyright protection in prerecorded music markets, and more specifically the
impact of the legal system on the demand for original music CDs. To this end, we use a panel of 28 OECD countries in the period
1999–2005. After testing alternative specifications, our results show that differences in legal origin lead to differences
in intellectual property rights enforcement. Our results also consistent with previous studies that find that common law countries
have more secure property rights.
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