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1.
Most social control theorists do not consider definitions of delinquency problematic. Beginning with the assumption that crime is a unitary concept, researchers have combined a variety of non-normative items to create additive delinquency scales. Rarely is consideration given to whether the causes of crime differ for distinct types of criminal activity. Furthermore, the classic social control model doesnot predict that bonding variables operate differently for distinct age and gender categories. Consistent with the structuring perspective, the present research attempts to refine the social control model by specifying conditions under which the model predicts different forms of delinquency. This study examines social control theory using survey data from middle- and high-school students (N=2926). Logit regression analysis revealed that the model which best explains personal crime differs from the model which best explains property crime. Also, certain components of the model were more powerful predictors of criminal behavior for different age-gender groups. The importance of model specification is demonstrated and the implications for social control theory are discussed.  相似文献   

2.
Strain theory has returned to the forefront of criminological theory and research, due primarily to the general strain model developed by Robert Agnew. Agnew posits that a broad range of negative social relations comprises strain and that these straining mechanisms lead to delinquent behavior and other maladaptive functioning. Moreover, strain has its strongest effect on delinquency when certain coping strategies are attenuated or when delinquent peers reinforce perceptions of strain. Although several studies have now shown the utility of general strain theory as an explanation of delinquency, they have relied mainly on cross-sectional effects or two-wave panel designs using methods that fail to consider measurement error or autocorrelated errors. In this study we extend these analyses by estimating a latent variable structural equation model that examines the effects of strain—operationalized as negative life events—on conventional attachment and delinquency over a 3-year period. Furthermore, we directly assess Agnew's coping strategies hypotheses by stratifying the models by self-efficacy, self-esteem, and peer delinquency. The results indicate that significant longitudinal effects of strain on delinquency emerge during year 3 but that these effects are not conditioned by self-efficacy or self-esteem. Changes in strain also affect changes in delinquency, but only among those who report no delinquent peers. We do find, however, that over the initial 2 years strain has a negative effect on delinquency among those high in self-efficacy, self-esteem, or delinquent peers. The findings are discussed in terms of Agnew's theory.  相似文献   

3.
This paper provides a review of the sociological literature on the mentally retarded. It attempts to analyze the reasons why the mentally retarded have been so thoroughly de-valued in our society that even social scientists ignore them as an object of study. The literature that does exist is primarily confined to the mildly retarded and generally applies labeling theory to understand the processes by which individuals unable to succeed in institutions such as schools are diagnosed as retarded. Studies employing labeling theory either ignore the severely retarded or allow the medical model as the only appropriate framework for understanding these populations.The failure to include the severely retarded in the general analysis of the problems of the handicapped by labeling theorists indicates a deficiency in the theory rather than the group excluded. A more critical perspective on the handicapped is required which ties the analysis to the study of other surplus populations such as the poor, the illiterate and other disposessed groups. The treatment of the severely retarded provides a looking-glass into the way our society can so de-value a dependent population that its very survival can be questioned.A version of this paper was presented to the Southern Sociological Society Meetings, Memphis, Tennessee, 1982.  相似文献   

4.
In the past, sociologists either dismissed or ignored the well-established empirical relationship between IQ and juvenile delinquency. More recently, however, they have come to accept the IQ/JD connection but now debate the most valid explanation for it. Some have advanced what we characterized as a school performance model, while others adhere to what may be called a school reaction model. The major bone of contention between the competing models is over the school variables thought to mediate the IQ/JD relationship. In this study, we specified the most dominant versions of the competing models as well as a model integrating the concepts of each. Using three waves of data from the Youth in Transition project, we first estimated parameters for each of the competing models and then parameters for the integrated model. Considered independently, each model was supported by the data. However, when each of the separate models was forced to take into account the explanatory contribution of its competitor, only the school performance model was supported. Implications of the findings for schooling and delinquency are discussed.  相似文献   

5.
In this paper, we attempt to examine, engender and contextualize the theses that (i) women's emancipation escalates [women's] crime and violence and (ii) women's drug use escalates [women's] crime and violence, by drawing on ongoing ethnographic fieldwork in relation to women crack smokers and the changing contexts of street-level sex work in New York City. The paper attempts to illustrate how the position of women crack smokers can only be understood by locating their lives, their illicit drug use and their income-generating activities within the context of a specific set of localized socio-economic and cultural developments. We suggest that observations from our research refute the theses that women are becoming more criminal and/or violent in the context of either their consumption of crack cocaine or their alleged emancipation.An earlier version of this paper was presented by the first author at the Joint Meetings, Law and Society Association and Research Committee on the Sociology of Law of the International Sociological Association, Amsterdam, 26–29 June 1991.  相似文献   

6.
The Dutch income tax is until now based on the source theory. As a consequence capital gains are not taxed; this principle forms the basis of many schemes for tax avoidance. To cope with this problem the Government proposes an analytic income tax at a rate of 30% assuming a fixed annual yield of 4%. According to critics the proposal will lead to a modest taxation on capital gains but also to various forms of tax arbitration and a tax justice deficiency.  相似文献   

7.
The Place of Legal Positivism in Contemporary Constitutional States   总被引:1,自引:0,他引:1  
Pino  Giorgio 《Law and Philosophy》1999,18(5):513-536
The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of methodological or conceptual positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point of intersection between law and basic moral values, antipositivists contrast legal positivism with two main arguments. First, on a more general level, the positivist theory of the separation between law and morality is questioned; then, and consequently, the neutrality thesis in the juristic study of law is rejected. The author discusses both these antipositivist arguments, and offers a brief defence of methodological positivism.  相似文献   

8.
Conclusion In this paper, narrative coherence has been looked at as an institutional strategy in anticipation of the verdict rather than in retrospect of the crime or charge. The analysis of binary notions has been instrumental in the reconstruction of the coherence between the narrative(s) and the theoretical outcomes of the criminal trial. As the abstraction and polarisation of narrative versions focus on the achievement of professional consensus, the verdict, which is almost always based on the selection of a binary option does injustice to any narrative which is unfolded in the court-room. Whether the defendant is acquitted or convicted, therefore, does not make him a winner or a loser, as his personal experience is abducted and institutionalised for the facilitation of smooth institutional decision-making.  相似文献   

9.
The way in which statistical DNA evidence is presented to legal decision makers can have a profound impact on the persuasiveness of that evidence. Evidence that is presented one way may convince most people that the suspect is almost certainly the source of DNA evidence recovered from a crime scene. However, when the evidence is presented another way, a sizable minority of people equally convinced that the suspect is almost certainly not the source of the evidence. Three experiments are presented within the context of a theory (exemplar cueing theory) for when people will find statistical match evidence to be more and less persuasive. The theory holds that the perceived probative value of statistical match evidence depends on the cognitive availability of coincidental match exemplars. When legal decision makers find it hard to imagine others who might match by chance, the evidence will seem compelling. When match exemplars are readily available, the evidence will seem less compelling. Experiments 1 and 2 show that DNA match statistics that target the individual suspect and that are framed as probabilities (i.e., The probability that the suspect would match the blood drops if he were not their source is 0.1%) are more persuasive than mathematically equivalent presentations that target a broader reference group and that are framed as frequencies (One in 1,000 people in Houston would also match the blood drops). Experiment 3 shows that the observed effects are less likely to occur at extremely small incidence rates. Implications for the strategic use of presentation effects at trial are considered.  相似文献   

10.
The University of Pennsylvania study of delinquency in a Philadelphia birth cohort has been described byNewsweek as perhaps the most influential piece of criminal justice research in the last decade (March 23, 1981). Many have construed the findings as showing that, if imprisonment were focused on the minority of offenders with especially bad prognoses, the rate of crime could be reduced substantially. But others have taken the opposite view that the cohort data, far from endorsing such a selective incapacitation strategy, might actually provide strong evidence that such an approach is futile. Through some further analyses of the Philadelphia data, we attempt to clarify their policy implications.  相似文献   

11.
The sudden and unexpected incorporation of white-collar crime as a top investigative priority of the U.S. Justice Department of the 1970s is the focus of this inquiry. This pursuit of white-collar crime is especially problematic for instrumentalist and structuralist variants of conflict theory, which generally view the origins of law in terms of the interests of a ruling or capitalist class. This apparent contradiction between official concern for white-collar crime and instrumentalist and structuralist theories of law creation is examined in the context of the discovery of white-collar crime by the Justice Department. It is noted that in the process of operationalizing white-collar crime, the Justice Department transformed the traditional (Sutherland) definition of white-collar crime so that targeted offenders are not limited to the economic and political elite, but instead are drawn from all social classes. This modification of the definition has far-reaching implications for assessing the nature of the Justice Department's response to the problem of elite crime and provides insight into the ongoing theoretical debate on the origins of law.  相似文献   

12.
Small business crime has been largely ignored in American criminology; studies of nontraditional crime have focused mainly on corporate crime or on the misdeeds of employees pursuing personal gain. This paper calls for criminologists to redirect their efforts toward the systematic study of small business crime. In particular, it advocates in-depth qualitative studies that explore small business culture and opportunity structures, and that examine the networks of collusion that subvert the legitimate economy. The paper concludes with illustrations from an own story currently being shared with the author by a small businessman who participated for five years in an urban crime network that infiltrated the redistributive economy.  相似文献   

13.
This paper considers the growing appeals to the idea of community in criminal justice policy and the involvement of actual communities in criminal justice initiatives. It draws on a completed two year research study of a number of community-based crime prevention initiatives in the South East of England. The paper considers the nature of community to which appeals are made in criminal justice discourse and policies, the contribution of community to the practices of social order and the nature of community representation and participation in crime prevention initiatives. It is argued that appeals to community in crime prevention, and crime control more generally, embody shifts in what constitutes the legitimate responsibilities of individuals, collectivities and the state. This has a number of implications, the first of which is a redrawing of the cost of policing and security services. Additionally, there is an associated shift in blame for failure. Finally, actual community involvement in crime control gives rise to new structures and forms of local governance that evoke key questions about the regulation of social relations, the nature of conflict resolution, citizenship, democracy and social justice.  相似文献   

14.
Conclusions In developing a working class perspective of planning theory, I have suggested that neither bourgeois nor Marxist planning theories can incorporate the dissensus tactics that are at the heart of working-class movements. Neither can they deal with the class nature of planning nor the class composition of planners. As the current social, political and economic crisis was forced on capital by the struggles (plans) of the working class, it follows that working-class counter-plans should deepen the crisis so that benefits will accrue to our side. The development of our successful counter-plans will throw their planning theory deeper into crisis. Ultimately, crisis resolution must be on the terms of the (ex-)working class.  相似文献   

15.
The study examined citizens' fairness evaluation of the consumption tax recently introduced in Japan, and explored the underlying criteria and their relative importance in judging the fairness of the tax and the procedural fairness by which the tax was introduced. Five dimensions were obtained in factor analysis. Multiple regression analysis revealed that three dimensions contributed to total fairness of the tax: Procedural Fairness, Outcome Evaluation, and Affective Responses. Further analyses revealed that ramming the bill, sufficient discussion, and reflection of citizens' opinions were crucial for Japanese citizens judgment of procedural fairness. The results supported Leventhal's theory: ethicality, accuracy, and correctability were important.  相似文献   

16.
The study proposes a taxonomy that maps and organizes various normative (ought) and empirically oriented (is) theories of distributive justice, with the aim of examining possible relations between these two research traditions. The taxonomy distinguishes between theories according to two shared dimensions of content: (a) microjustice versus macrojustice principles and (b) the unidimensional versus multidimensional character of these principles. The combination of these dimensions yields four groups of theories of distributive justice: unidimensional macro (the utilitarian approach); multidimensional macro (Rawls' theory of justice); unidimensional micro (desert and equity theories); and multidimensional micro (Miller's theory and the multiprinciple approach). A fifth group of hybrid theories is identified (including Walzer's and Jasso's theory of justice), which is built upon the layers of the other taxonomy cells, combining elements of macro- and microjustice and emphasizing the multidimensional character of distributive justice. The analysis revealed that the empirical and normative traditions have much in common. In certain cases, as with the utilitarian approach and Rawls' theory, empirical research has sought correspondence between the ought and the is. In other cases, such as with equity theory and the multiprinciple approach, it has used some basic normative ideas and assumptions as its starting point. Nevertheless, these research traditions often develop in parallel ways without sufficient mutual recognition or interaction. The study concludes by considering possible exchanges that may develop between these two traditions, examining to what extent and how philosophical–normative and empirically oriented research can contribute to one another.  相似文献   

17.
This paper considers the role of fraud in three major financial debacles; the savings and loan crisis of the 1980s, the Orange County, California bankruptcy of 1994, and the U.S. corporate and accounting scandals of 2002. Using concepts, theories and data drawn from the criminological literature on white-collar crime, and the law and economics literature on corporate governance, a minimal fraud model is compared to a material fraud model in accounting for the massive financial losses in these three historical cases. The available evidence points to the need for corporate governance models and resulting regulatory policies to explicitly account for the potential for fraud in order to avoid future financial meltdowns.Keynote address presented at the Australian and New Zealand Society of Criminology Conference, October 3, 2003, Sydney, Australia.  相似文献   

18.
Interviewing Preschoolers: Comparisons Of Yes/No and Wh- Questions   总被引:2,自引:0,他引:2  
This study investigated the influence of question format on preschool-aged children's errors, their response accuracy, and their tendency to say I don't know when given non-misleading questions in a neutral, unbiased context. Children (3 to 5 years old) participated in a craft-making session that included a staged accident with two experimenters differing in gender and appearance; the environment also had several distinctive features. One week later children were interviewed about actions, participants, and environment; questions were yes/no format with the veridical response yes (yes questions), yes/no format with the veridical response no (no questions), and specific wh- format questions. Question format substantially influenced children's responses: they were most likely to make errors if asked no questions, and were unlikely to answer either yes/no question with I don't know. In contrast, children spontaneously and frequently said I don't know to wh- questions about content they did not recall (environment), but not about content that was well recalled (actions). Implications of question format for reliability of eyewitness testimony by preschoolers are discussed.  相似文献   

19.
A recently completed study of the Scottish juvenile justice system, employing a variety of methodological approaches, is used as a source of information on the behavior and attitudes of the lay volunteers who make up children's panels and are responsible for decisions concerning young people who are alleged to have committed an offense or are believed to be in need of care and protection. The reported data relate to the beliefs of panel members as to the causes of delinquency and the objectives of intervention and alternative disposals; the topics they raise for discussion in children's hearings and the factors which influence the decisions they make; and the manner in which they are perceived by the children and parents who have appeared before them.  相似文献   

20.
It is now almost a quarter of a century since Adler (1975) and Simon (1975)stimulated a debate about the convergence of crime rates for men andwomen. The ensuing debate generated literally dozens of papers. Given theexistence of a series that now extends from 1960 to 1995, this papersuggests an appropriate way to examine the convergence hypothesis usingtime series techniques. These techniques take into consideration the effectsof the following factors: (a) random shocks orinnovations, (b) the potentially lasting effects of suchinnovations, and (c) the autocorrelation that time series oftenexhibit. Using time series techniques on annual data, we examine trends inthe arrest rates for males and females for six Part I crimes (homicide,robbery, aggravated assault, burglary, larceny, and motor vehicle theft)for the years 1960 through 1995. We test for convergence, divergence, notrend, and a special condition of equilibrium between series calledcointegration.  相似文献   

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