New Challenges for Law Enforcement

Against a background of high crime across Europe, this paper argues that there is scope for improving police performance in detection. It also suggests that a more balanced approach to crime control is needed, with a shift in policy emphasis toward prevention. Both improved police performance in detection and the approach advocated for increased preventive effort are rooted in science. The specific role of science and technology in the context of crime control is considered and its implications for public policy and police training are briefly discussed. It is suggested that the problem-oriented approach to crime prevention, as increasingly practiced by the UK police and those in other jurisdictions, could be described as approaching scientific method, and perhaps be promoted as such.     

少一些法律，多一些秩序——中西方犯罪预防策略的考察与批评

考察西方犯罪预防策略的变迁，可以发现法律和刑罚在预防策略中具有十分重要的位置。但是20世纪80年代以来，另一种预防思维已经产生，这就是针对犯罪诱因的多机构协作模式，其特点是强调社会政策而非刑罚，强调非法律方法而非法律方法，强调社会秩序而非犯罪控制。考察西方犯罪预防策略的优缺点，可为我国犯罪预防策略提供借鉴。     

论视频监控的犯罪预防功能及犯罪侦查价值

各国的犯罪预防理论发展至今,已经形成了比较完善的犯罪预防体系,主要包括司法预防、社会预防和情景预防三种模式。在我国的犯罪预防体系中,向来重视司法预防和社会预防,而对情景预防关注不够,情景预防措施尚不完善。作为一种对犯罪的干预,视频监控是一种对情境犯罪的干预,研究发掘其在犯罪预防中的作用对完善犯罪预防体系具有重要意义。同时,视频监控系统在犯罪侦查方面也具有重要作用。     

犯罪情境预防的理论与方法探讨

犯罪情境是一种与犯罪相关联的,可以被犯罪所利用的有利于实施犯罪的各种社会环境因素的总和。犯罪情境预防就是在了解犯罪情境内容基础上,通过研究犯罪主客观情境因素,以社会作为载体和媒介,对犯罪进行预防的理论与方法。采用理论分析和比较的研究方法,将西方“个体——情境”交互作用的理论与我国犯罪预防的实践相结合,或许可以找到适合于我国犯罪情境预防的理论和方法。     

Constructing Crime against the Elderly in Swedish Crime Prevention Campaigns

The study investigates how crime prevention activities frame the problem of crime against the elderly, regarding character, causes, effects and solutions. Data was collected through participant observations, interviews and analysis of a film produced by a local crime prevention council in Sweden. It is concluded that crime prevention for seniors produces complex and contradicting images of the problem. In situational crime prevention seniors are warned to look out for strangers stalking them or trying to access their homes. Statements that victimization is uncommon among the old are combined with warnings that invoke images of mysterious ever-present perpetrators. In social crime prevention, where causes and interventions of crime are discussed, crime prevention officers link the problem to established social problems such as drug abuse and juvenile delinquency. This way of framing the problem is typical for a Swedish Social Democratic perspective, where lack of community and integration are defined as causes of social problems. It is concluded that warnings to look out for strangers who ask for help may be at odds with this striving towards community.     

犯罪理论研究的理性思考与严肃态度

犯罪理论的研究目前非常活跃，但是犯罪理论研究是社会科学中一个十分严肃的课题，寻找发现研究犯罪规律是犯罪理论研究中的重大课题，对此犯罪研究要防止过度的娱乐化、简单化、片面化，唯此才能揭示犯罪规律，建立犯罪理论体系，为改革开放保驾护航，为社会治安的长治久安提供强大的理论武器．     

Juvenile Justice in Scandinavia

The main issue is the legal protection of children and juveniles suspected of or convicted for crime. The age of criminal responsibility is 15 years in the countries concerned. Particular juvenile justice systems do not exist in Scandinavia. There are, however, exceptions from the general system in order to maintain needs, interests and rights of children and juveniles. Some common characteristics are described, for instance diversion of juveniles from prison into social welfare measures and the prohibition of placing children in jail. Individual characteristics are pointed out as well. Introduction of secure social institutions as an alternative to imprisonment in Sweden and Denmark is one, mediation processes with children as parties in Finland and Norway is another. It is argued that from the point of view of legality the demands for legal rights are of greatest importance in prosecution and punishment matters, whereas social welfare support is not to the same degree concerned about such questions. Furthermore it is argued that in spite of good intentions the Scandinavian countries challenge the UN Convention on the Rights of the Child, by not definitely prohibiting the possibility of a juvenile serving a prison sentence together with adults. It is stated that the distance between constructive pragmatism and destructive loss of principles as legality, equality and proportionality may be short. Crime trends are not linked to the politics: there is no relation between crime rates and political attention to crime. Juvenile justice has increasing political attention these years while the crime rates tend to be stable. In relation not solely to the economy and the Convention but first and foremost in the interest of children and juveniles more thought should be given to scientific experiences about early and appropriate prevention.     

论刑法学与犯罪学研究的整体互动

在中国,犯罪学与刑法学彼此分离各自为“家”,导致了中国社会过于看重严刑峻法而忽视犯罪原因,使得犯罪虽受到严惩但犯罪情势依然十分严重。如何扭转这一现象,尽快使刑法学惩罚犯罪的研究与犯罪学预防犯罪的研究相互结合,构筑刑法学与犯罪学整体相互联动的格局,是中国社会实现社会稳定的现实政治需要,也是中国社会经济发展的自然要求,更是中国社会通过历史反思对历史的经验与教训进行总结的必然趋势,从而实现使中国的刑事政策从刑事惩罚为主到刑事预防为主的战略转移,刑事法理论对犯罪构成和刑事责任的重点研究为主要转移到对犯罪原因和犯罪预防为主的研究重点上来,以此迎接一个国家繁荣昌盛但犯罪并不猖獗疯狂的时代的到来。     

经济刑法中危险犯的立法问题研究

危险犯的采用及其在立法上的扩展是立法对风险社会的回应,也是经济犯罪立法的重要特征。通过对近年我国经济犯罪的刑事立法的分析,可以发现《刑法》在大量增设经济犯罪罪名的同时,经济犯罪的危险犯的成立范围也大大扩展。同时,出于法益保护的早期化,预防社会风险等方面的现实需要,在经济刑法中设立抽象危险犯颇有其必要性和合理性。基于维护经济秩序安全的需要,可以考虑在经济刑法中谨慎地规定过失危险犯。     

STUDYING CRIME TRENDS: NORMAL SCIENCE AND EXOGENOUS SHOCKS*

The study of crime trends has proceeded along two paths: 1) normal science investigations of slow‐moving and tractable changes in crime rates and explanatory conditions and 2) research encounters with unexpected and abrupt changes in crime rates resulting from exogenous shocks. I draw from my research on the relationship between crime rates and changing macroeconomic conditions to illustrate the pains and pleasures of studying crime trends with the tools of normal science. I describe my exploratory investigations of the recent homicide rise in the United States to underscore the theoretical importance and methodological challenges of research on exogenous shocks to crime rates. Finally, I hope to convey to the next generation of criminologists the intellectual excitement that comes from the study of crime trends.     

城市和谐的安全保障：犯罪预防战略措施及其整体优化

犯罪成型是一个发展过程,控制城市犯罪泛滥的预防措施也必须是一个发展过程。必须控制社区解体的速度以及社会成员特别是贫困群体等弱势主体对经济社会变迁的承受度。公民、城市公共场所的管理者、公司、企业、事业单位都有义务根据能力采取适当的情境型犯罪预防措施控制特色的犯罪行为。发展型、社区型、情境型犯罪预防战略措施优化升级的内在要求促使犯罪预防理论与实践思考控制犯罪的全新分析视角。     

DOES CRIME JUST MOVE AROUND THE CORNER? A CONTROLLED STUDY OF SPATIAL DISPLACEMENT AND DIFFUSION OF CRIME CONTROL BENEFITS*

Recent studies point to the potential theoretical and practical benefits of focusing police resources on crime hot spots. However, many scholars have noted that such approaches risk displacing crime or disorder to other places where programs are not in place. Although much attention has been paid to the idea of displacement, methodological problems associated with measuring it have often been overlooked. We try to fill these gaps in measurement and understanding of displacement and the related phenomenon of diffusion of crime control benefits. Our main focus is on immediate spatial displacement or diffusion of crime to areas near the targeted sites of an intervention. Do focused crime prevention efforts at places simply result in a movement of offenders to areas nearby targeted sites—“do they simply move crime around the corner”? Or, conversely, will a crime prevention effort focusing on specific places lead to improvement in areas nearby—what has come to be termed a diffusion of crime control benefits? Our data are drawn from a controlled study of displacement and diffusion in Jersey City, New Jersey. Two sites with substantial street‐level crime and disorder were targeted and carefully monitored during an experimental period. Two neighboring areas were selected as “catchment areas” from which to assess immediate spatial displacement or diffusion. Intensive police interventions were applied to each target site but not to the catchment areas. More than 6,000 20‐minute social observations were conducted in the target and catchment areas. They were supplemented by interviews and ethnographic field observations. Our findings indicate that, at least for crime markets involving drugs and prostitution, crime does not simply move around the corner. Indeed, this study supports the position that the most likely outcome of such focused crime prevention efforts is a diffusion of crime control benefits to nearby areas.     

犯罪网络分析:社会网络分析在有组织犯罪研究中的应用

在刑事司法领域所使用的"网络"(networks)一词通常是指犯罪组织。一个犯罪网络首先也是一个社会网络,社会网络分析是对社会关系结构及其属性加以分析的一套规范和方法。它主要分析的是不同社会单位(个体、群体或社会)所构成的关系的结构及其属性。自美国"9.11事件"以来,世界各国政府、学者、媒体逐渐认识到社会网络分析在有组织犯罪防控研究中的重要作用,纷纷使用社会网络分析方法对恐怖主义犯罪等有组织犯罪进行犯罪网络分析、研究,通过解构犯罪组织,发现犯罪成员体系、结构特征与行动目标,从而对有组织犯罪进行有效预防和打击。我国应充分认识社会网络分析在现代有组织犯罪防控研究中的重要价值,全面了解国外有关理论与应用发展,积极采取政府资助项目研发与直接设立研究机构等多种手段,促进犯罪网络分析理论与方法在我国的迅速发展。     

Technology, Criminology and Crime Science

Developments in technology have changed the environment of crime, which, in some of its new forms, poses a serious threat to society. At the same time the technologies of crime control are being transformed. If criminology is to respond adequately to this changed environment, it must make radical changes in its mission, its theories and its methodologies, the collective result of which would be to make the discipline more directly relevant to crime control and prevention. This would enhance the effectiveness of these activities and would also open up new and exciting career opportunities for criminologists. If criminology does not change, it will become eclipsed by crime science and will find it increasingly hard to survive – even in the protected environment of universities.     

The Complexity of Hate Crime and Bias Activity: Variation across Contexts and Types of Bias

Are racially-motivated hate crimes, non-criminal bias incidents, and general forms of crime associated with the same structural factors? If so, then social disorganization, a powerful structural correlate of general crime, should predict rates of hate incidents. However, tests of social disorganization’s effects on racially-motivated hate crime yield inconsistent results. This study uses data from the Pennsylvania Human Relations Commission (PHRC) to explore such inconsistencies. Specifically, we assess the effects of social disorganization across contexts and types of bias motivation using bias incidents over 12 years. The results suggest that (a) social disorganization, particularly residential instability, is robustly correlated with rates of both hate crime and other prejudicial conduct, and that (b) the interactive effects of social disorganization help explain variations in incident rates by motivation type. Specifically, anti-black incidents are most frequent in unstable, homogeneous (i.e. white) and advantaged communities, while anti-white incidents are most frequent in unstable, disadvantaged communities.     

Linking informal social control and restorative justice: moving social disorganization theory beyond community policing

Much of what is at the heart of social disorganization theory’s approach to neighborhood crime prevention has been ignored in favor of policies that are more closely associated with deterrence and rational choice theories. Specifically, ideas of informal social control and collective efficacy have often been translated into policies of community surveillance and the reporting of suspicious behaviors to the police. While these policies may make neighborhoods less attractive to offenders because they create higher certainty levels of recognition, and subsequently arrest, social disorganization theory, at its heart, suggests crime prevention policies of a very different nature: policies that are more closely associated with restorative justice, re‐integrative shaming and peacemaking criminology. These associations are highlighted and provide a conceptual model for a community crime prevention program that is more consistent with the underlying nature of social disorganization theory.     

青少年犯罪预防理论的研究视角：从犯罪原因到犯罪断念的转向

断念是行为主体(特别是青少年越轨者或犯罪人)在一段稳定的时期内对犯罪偏好明显与确定的拒绝。现阶段犯罪预防措施通过控制青少年犯罪原因遏制青少年犯罪增长趋势,绩效前景颇为黯淡。从聚焦于犯罪原因分析到致力于犯罪断念研究的战略性转向将成为当代社会犯罪预防的重要突破。作为人生状态与行为过程的犯罪断念,在静态结构与动态运行的结合中发挥青少年犯罪预防的积极效果。     

抽象危险犯的概念诠释与风险防控

风险刑法所关注的风险(危险)已经不局限于风险社会理论中的典型的现代性风险,抽象危险犯原本不是风险刑法的产物。抽象危险犯除了有法益保护前置化和积极的一般预防理论的支撑外,避免证明上的困难也是重要的、独立的理由。抽象危险犯的抽象危险可以是强制性推定的,但大多数是可以反驳的。抽象危险犯不同于行为犯、具体危险犯和行政犯,有独立存在的必要。对抽象危险犯的立法应当限制。对推定抽象危险的犯罪,司法认定需要进行两个层次的判断。对抽象危险推定的反驳并不意味着举证责任的转移。     

Evidence-Based Approaches to Crime Prevention in Developing Countries

The purpose of this paper is to review the present state of the evidence base on the effectiveness of crime prevention programmes and practices in developing countries and to consider the prospects for its improvement. The paper summarises the findings from a scoping review of the literature and develops some suggestions about how the void it finds might be filled. A key focus is on the quality of the methodology used in the research from which the findings are drawn. Against this background the paper considers the degree to which findings about effectiveness, even where they are derived from high quality research on the impact of a criminal justice intervention, are likely to be generalisable from the location of an experiment or pilot to other settings or countries. Building an evidence based on the effectiveness of crime prevention or crime reduction interventions for developing countries would clearly be a major task. Many kinds of political, social, economic and other forces, which vary from country to country, may mediate the impact of criminal justice interventions. The result may be that what works well in one country may not work at all well elsewhere for all kinds of reasons. The principal challenge in creating an evidence base is to develop inclusion criteria when making cross-country comparisons that strike an appropriate balance between the costs and benefits of greater methodological rigour and generalisation.     

MEASURING THE THREAT OF GLOBAL CRIME: INSIGHTS FROM RESEARCH BY THE LEAGUE OF NATIONS INTO THE TRAFFIC IN WOMEN*

Despite increasing concern about the threat of global crime, it remains difficult to measure. During the 1920s and 1930s, the League of Nations conducted the first social‐scientific study of global crime in two studies of the worldwide traffic in women. The first study included 112 cities and 28 countries; researchers carried out 6,500 interviews in 14 languages, including 5,000 with figures in the international underworld. By drawing on archival materials in Geneva and New York, this article examines the role of ethnography in developing a social‐science measure of global crime threats. The discussion covers the Rockefeller grand jury and formation of the Bureau of Social Hygiene; the League's research in Europe, the Americas, and the Mediterranean; controversy concerning the use of undercover researchers; the League's research in Asia; and the end of the Bureau. The League's experience demonstrates the promise of multisite ethnography in research about global crime as well as the difficulty of mapping crime on a global scale.