Improving impact evaluations through randomised experiments: The challenge of the National Research Council report for European criminology

The National Research Council (NRC) report on Improving Evaluation of Anticrime Programs presents and discusses a wide array of techniques of evaluation. Although recognising the very high internal validity of randomised experiments, it considers, under certain conditions, quasi-experiments and observational studies as equally valid approaches. This conclusion is critically reviewed from a European perspective, where only a few randomised trials have been realised so far. It is argued that many critiques routinely addressed to randomised experiments, such as ethical concerns or low acceptance among practitioners, are either unfounded or can be adequately dealt with through imaginative adjustments. On the other hand, randomised controlled trials need to take the challenge of broadening the perspective, especially by looking at long-term effects that no other method can consider with comparable internal validity. Other recommendations include using innovative measures of re-offending, considering dynamic rather than static criteria of re-offending, and looking, beyond re-offending, at rehabilitation in other areas of life. Particular challenges are the possible placebo effects that evaluators in criminal justice have not yet found appropriate ways to deal with.

The impact of program developers as evaluators on criminal recidivism: Results from meta-analyses of experimental and quasi-experimental research

Using meta-analysis, we report on an investigation of the evaluator's influence in the treatment setting on criminal recidivism outcomes. Many evaluators and users of evaluation of social interventions worry that mixing of the roles of program developer and program evaluator may bias results reported in intervention studies in a positive direction. We first review the results of prior investigations of this issue across 50 prior meta-analyses, finding 12 that tested the impact of investigator influence in the treatment setting. Eleven of these reported that effect size increased positively, sometimes substantially so, when evaluators were influential or involved in the treatment setting. We followed this with a meta-analysis of 300 randomized field trials in individually focused crime reduction, also finding intervention studies in which evaluators who were greatly influential in the treatment setting report consistently and substantially larger effect sizes than other types of evaluators. We discuss two major views — the ‘cynical’ and ‘high fidelity’ theories — on why this is consistently the case, and conclude with a further agenda for research.     

Juvenile and Adult Offenders Arrested for Sexual Homicide: An Analysis of Victim–Offender Relationship and Weapon Used by Race*

Abstract: Limited information is available on racial offending patterns of sexual homicide offenders (SHOs). This study used a 30‐year U.S. Supplementary Homicide Reports sample of SHOs arrested in single‐victim situations (N = 3745). The analysis strength was used to determine whether the findings yielded meaningful patterns for offender profiling. Several important findings emerged for the juvenile offenders. Juvenile White SHOs were likely to target victims with whom they shared a mutual relationship. In contrast, Black juveniles were equally likely to murder strangers and those with whom they had prior and familial relationships. Notably, no juvenile Black SHOs were arrested for murdering intimate partners. Juvenile White SHOs were twice as likely to use edged weapons as their Black counterparts. Black juveniles, conversely, were more likely than White juveniles to use personal weapons. Beyond these findings, known victim–offender relationships and weapon used may not have significant utility for investigators in identifying the SHO race, even after controlling for offender age. Limitations and future directions are discussed.     

An Empirical Analysis of 30 Years of U.S. Juvenile and Adult Sexual Homicide Offender Data: Race and Age Differences in the Victim–Offender Relationship

Abstract: Little is known about the racial patterns of crimes committed by sexual homicide offenders (SHOs). This study examined race and age influences on victim–offender relationship for juvenile and adult SHOs. A large sample (N = 3868) from the Supplemental Homicide Reports (1976–2005) was used. Analyses of victim–offender patterns included examining victim age effects (child, adolescent, adult, and elderly). The findings revealed several race‐ and age‐based differences. Black offenders were significantly overrepresented in the SHO population. This finding held for juveniles and adults independently. White SHOs were highly likely to kill within their race, “intra‐racially” (range 91–100%) across four victim age categories, whereas Black SHOs killed both intra‐racially (range 24–82%) and inter‐racially (18–76%), with the likelihood of their killing inter‐racially increasing as the age of the victim increased. This study underscores the importance of considering victim–offender racial patterns in sexual murder investigations, and it offers practical implications for offender profiling.     

Programs for Men who Perpetrate Domestic Violence: An Examination of the Issues Underlying the Effectiveness of Intervention Programs

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.

Incidents of discrimination and risk for delinquency: A longitudinal test of strain theory with an African American sample

This article examines the relationship between racial discrimination and delinquency. Using longitudinal data collected on approximately 700 African American children, we begin by establishing an association between exposure to discrimination and delinquent behavior. Next, we use structural equation modeling to test various hypotheses regarding the emotional and cognitive factors that mediate this association. For boys, the association between discrimination and delinquency is mediated by feelings of anger and depression and by the belief that aggression is a necessary interpersonal tactic. The results are somewhat different for girls. Although anger and depression mediate part of the effect of discrimination on delinquency, discrimination continues to display a small but significant direct effect. The implications of these findings for criminological theory are discussed.     

权利的语境变迁及其对环境权人宪的影响

环境权概念体现着西方个人权利文化与中华法系和谐文化的合壁,它分为环境伦理权利、环境法律权利、环境现实权利三个层面,这三个层面之间的衔接和循环是环境权的运行之道。环境权的宪法化,是环境立法、执法、司法、守法的逻辑起点。大陆法系主要通过立法手段实现环境权,英美法系则主要通过司法手段促进环境权的发展,在不同语境中环境权宪法化的路径选择与运行之道虽有所不同,但可相互借鉴和移植。     

The Importance of Perceptions in Restorative Justice Conferences: The Influence of Offender Personality Traits on Procedural Justice and Shaming

Research suggests that restorative justice (RJ) conferences are more just than traditional court processing due to the presence of procedural justice (PJ). These conferences also promote reintegrative shaming which, in contrast to disintegrative shaming, allows offenders to repair their ties with the community. Yet, fairness and the type of shaming experienced may depend on perceptions of the offender. We argue that the personality traits of negative emotionality and low constraint influence offenders' evaluations of the fairness of these conferences, which have implications for their experience of shaming. We test these arguments using data from a sample of 498 offenders involved in the Australian Reintegrative Shaming Experiments. Results reveal that personality traits affect perceptions of PJ and both types of shaming, and that PJ mediates these effects. The findings support the notion that RJ conferences are perceived to be procedurally just and reintegrative for certain types of offenders.     

学校教育情境中族群认同感的建构——内地西藏班的个案研究

本研究对某一内地西藏学校进行了个案分析,采用了日记与文件分析法、访谈法与非参与观察法.在族群认同感建构主义方法的框架下对影响藏族学生族群认同感建构的国家政策情境、学校地方社区情境与学校情境进行了剖析.研究发现学校对于学生族群认同感的建构存在两种张力:一是国家和学校通过国家意识形态的渗透而指定的学生的族群认同感,二是学生通过自身藏族文化符号的再现而声称的族群认同感.国家和学校期望藏族学生在中华民族多元一体化格局的框架下建构族群认同感,以便实现其政治与经济利益.     

生态文明价值归旨的逻辑展开与践行

生态文明是人与自然、社会和谐共生的旨趣,体现尊重、顺应、保护自然,与自然和谐相处的文明形态。上个世纪的资源、生态与环境问题引发了全球范围内对人类传统文明的时代反思,从而形成了生态文明观,体现了生态文明价值归旨的逻辑展开。生态文明观的树立和生态文明建设的推进是中国共产党执政理念现代化的逻辑发展和实践要求,其在中国的发展历程,展现了中国共产党科学发展、和谐发展执政理念的升华,集中体现为为广大人民群众谋福祉的理性选择和价值取向,是生态文明观名副其实的积极践行者。     

论影视生态破坏的解决方案——反思《无极》剧组破坏香格里拉生态环境事件

拍摄影视作品破坏自然保护区生态环境是由自然保护区保护管理资金紧张、对自然保护区的利用缺乏相应的监督造成的。我国现有的法律体系没有对影视生态破坏问题做出合理的规制。建立以环境影响评价为前提的自然保护区社会性收费制度,辅以私人主体作为第三方力量的监督是解决这个问题的根本途径。     

Exploring the Social Context of Instrumental and Expressive Homicides: An Application of Qualitative Comparative Analysis

Using data from the UCR's Supplementary Homicide Reports, the methodof qualitative comparative analysis (QCA) is used to examine whetherinstrumental and expressive homicides are similar or unique in their socialcontext (i.e., combinations of offender, victim, and situationalcharacteristics). Instrumental and expressive homicides are found to haveboth common and unique social contexts, but the vast majority of homicideincidents involve combinations of individual and situational factors thatare common in both general types of homicides. Among subtypes ofinstrumental (like rape, prostitution, robbery murders) and expressivehomicides (like lovers' triangles, brawls, and arguments), there iswide variability in their prevalence of unique and common components. Afterdiscussing these results, the paper concludes with illustrations of how QCAmay be used in other areas within criminology.     

我国自然资源生态损害私法救济的不足及对策

自然资源兼具经济价值和生态价值,自然资源生态损害的私法救济在其他各国法中获得了广泛的支持。而我国法律未明确界定自然资源生态损害及其赔偿范围、赔偿权利主体等,不利于自然资源的保护。我国私法应明确自然资源生态损害的赔偿范围、赔偿权利主体,完善侵权损害赔偿救济制度,建立社会化的生态损害赔偿机制,重视预防性责任在防范自然资源生态损害中的作用。     

The criminal career: Estimates of the duration and frequency of crime commission

This paper deals with measuring two dimensions of the criminal career: residual duration and frequency. It reports results from estimating the parameters of a model in which offenders have a probability of desisting from further participation in crime following a conviction and, if they persist, a rate of crime commission. The probability of desisting and the rate of commission are seen as varying with offenders' personal characteristics and criminal records. Moreover, this paper discusses the difficulty of estimating models in which failure to commit a new crime might be attributable either to termination of the criminal career or to a censored follow-up period. The paper reports both successful and unsuccessful estimation attempts and discusses complications when distinguishing empirically between duration and frequency.     

论科学发展观与法学方法论的生态化

本文通过厘清法学方法论的历史演变规律,指出了应用现有法学方法论诉诸法律来解决环境问题之乏力,并认为科学发展观作为崭新的发展观,是对传统发展观的反思和超越,它将引发一系列价值观念的变革。这一变革反映在法哲学领域,则主要是触发了法学方法论的创新和法律生态化的趋向。     

生态本位与行政法基本理念之重构

行政法的现代性转型不仅要求其在处理人与人的关系方面从传统的规范—价值体系向现代法治型的规范—价值体系转变,而且要求其在处理人与自然的关系方面也同如此。而如何做到这一点,我们认为必须对行政法的基本理念的范畴进行重新建构,把法的生态性理念引入行政法的基本理念的范畴,并把这一理念落实到行政法的法律条文之中使我国的行政法不仅充分体现,“以人为本”,而且足够的体现对生态自然的关怀和呵护。     

Victims and Offenders in Two Crime Statistics Programs: A Comparison of the National Incident-Based Reporting System (NIBRS) and the National Crime Victimization Survey (NCVS)

The National Incident-Based Reporting System (NIBRS) overcomes a basiclimitation of the traditional summary Uniform Crime Reporting program (UCR)by collecting victim information. Using this new victim information tocompare National Crime Victimization Survey (NCVS) and NIBRS results, wefind some similarities as well as some differences in the characteristics ofvictims and offenders suggested by the two programs. Similarities appear inthe proportions of men and women involved as victims and offenders forrobbery and assault. Comparisons are more difficult and the proportions lesssimilar for property offenses. Nevertheless, the results suggest that whenthe NIBRS is fully developed, it will be an important source of informationon the characteristics of both victims and offenders. Even before theredesigned program is fully implemented, one of the most important featuresof NIBRS reports will be their ability to provide local area victimizationinformation. In addition, the NIBRS will provide much more information onarrests and the characteristic of offenders than any existing program.     

西部生态农业的外部性损害与国家补偿法律制度片论

生态农业作为一个农业生态经济复合系统 ,反映了两种具体的社会关系 ,一是农业内部及农业与其他产业间的关系 ;二是农业与生态环境的关系。针对西部农业明显的外部经济性 ,应当依法创建国家补偿法律制度 ,依照可持续发展原则、依法补偿原则和效率与公平兼顾且侧重于公平的原则加以补偿。