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Jan P. S. Fiselier 《Journal of Quantitative Criminology》1992,8(1):133-151
This paper tests the hypothesis of the stability of punishment as developed by Blumstein and his associates against Dutch prison data. After summarizing the existing empirical evidence, Dutch prison data are presented pertaining to the average daily population in penal institutions, on the one hand, and the number of admissions in these institutions, on the other hand. In three ways it is tested whether these data do support the hypothesis: regression analysis, Box-Jenkins analysis, and the analysis of a few dynamic models as presented by Berket al. (1981). The paper ends with discussing Blumstein's hypothesis and considers the way research into the extent of the prison population should be continued. 相似文献
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Martha A. Myers 《Journal of Quantitative Criminology》1991,7(2):99-121
This paper examines the relationship between economic conditions and incarceration in Georgia between 1868 and 1936. Time-series analysis provides evidence that declining cotton prices increased the rate at which both black and white males were incarcerated. Changes in cotton production, declines in racial economic inequality, and demographic shifts also affected incarceration rates. Each had quite different implications for black and white punishment, however. The paper concludes with a discussion of the implications of these findings for research on punishment in general and Southern punishment in particular. 相似文献
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Chris Hale 《Journal of Quantitative Criminology》1989,5(2):169-186
A version of the stability of punishment hypothesis is used to illustrate the concept of cointegration and its relationship to error correction models. The hypothesis is then tested and rejected using data from England and Wales. Finally, a dynamic time-series model relating imprisonment to convictions, crime, and Unemployment is developed and tested.The empirical results in this work are based upon those originally prepared for a paper to be given by the author and Steve Box at the meeting of the American Society of Criminology held in Montreal in November 1987. Steve Box died in September 1987 before it could be completed.The paper is dedicated to his memory and it is hoped that he would have approved its content, if not, perhaps, the dryness of its form. 相似文献
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论我国食品犯罪罚金刑的完善 总被引:2,自引:0,他引:2
在分析我国食品犯罪罚金刑的立法设置与司法适用现状的基础上,指出食品犯罪罚金刑立法设置与司法适用中存在的诸多缺陷,进而提出完善我国食品犯罪罚金刑的方案,旨在罚金刑能在预防食品犯罪中发挥最大的、最佳的效果。 相似文献
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Matthew Pate 《国际比较与应用刑事审判杂志》2013,37(3):211-228
The minority threat hypothesis contends that growth in the size of a given minority population along with the ensuing competition for social and political resources will threaten existing social power arrangements. Regarding punishment specifically, the hypothesis states that dominant groups will support coercive measures to keep minority populations sufficiently oppressed. Using the minority threat hypothesis as our theoretical foundation, we posit that the more heterogeneous a population, the more social control will be necessary to maintain societal equilibrium for those in power. In effect a more personal, physical, and visceral response to criminal behavior will be deemed necessary in countries with high levels of fractionalization. This more focused form of social discipline will manifest as corporal punishment. Comparing modalities of punishment against varying population characteristics, we find that countries with higher levels of ethnic, linguistic, and religious fractionalization are more likely to employ corporal punishment against criminal offenders. 相似文献
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基、序、等──刑罚的相应性的蕴涵 总被引:1,自引:0,他引:1
本文对刑罚的相应性原则的蕴涵作了系统的探讨。作者认为,基的相应、序的相应与平等性是相应性的不可或缺的三项基本要求,基的相应性是刑量与罪量在绝对意义上的相应.序的相应是罪量与刑量在相对意义上的相应,平等性是相同的罪量应受的刑量应该一致,三者共同制约着立法上法定刑的确定与司法上判定刑的裁定。 相似文献
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论一般没收财产刑应予废止 总被引:11,自引:0,他引:11
由没收财产刑的体系地位与适用对象可以看出 ,没收财产刑是我国刑罚体系中最重的附加刑。但如果从罪刑法定原则的要求来看 ,没收财产刑如果作为一种剥夺部分财产的刑罚 ,在已经有罚金刑规定的情况 ,没有存在的必要 ;作为对危害国家安全罪和其他严重犯罪适用的判处没收财产 ,难于看出其特殊的性质 ;作为判处死刑、无期徒刑的附加刑 ,违反刑法的基本目的 ,其存在具有一定的超刑事责任范围的任意处置的违反罪刑法定原则基本精神的倾向。因此 ,笔者认为 ,一般的没收财产刑应予废止。 相似文献
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对轻微行为是否成立犯罪的问题,我国刑法规定情节显著轻微危害不大的行为不构成犯罪。但这是一个相对模糊的规定。由于其他法律通常也对这些轻微违法行为规定了处罚,因此便带来部门法之间竞合的问题,容易导致处罚时适用法律的不一致。对这一问题,立法上的完善固然是一条重要的应对途径,但司法过程中相关配套制度的建立也有助于问题的解决。 相似文献
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Studies have failed to show a positive effect of unemployment on incarceration despite reasons to expect such a relationship. We note that prior estimates have been muddied by the absence of substate data, a focus on prisons rather than on jails, limited measures of unemployment, and the fact that the health of the labor market is endogenous to incarceration. We instrument for local exposure to the rise of Chinese exports (“the China Shock”) to estimate the effect of job loss on American incarceration. Marshaling a new data set of prisoners and jail inmates by race at the commuting zone level, we show that negative shocks to local labor markets led to significant increases in total incarceration rates for both Blacks and Whites. The effect seems to be driven by increased prison rather than jail populations. This estimate is invisible to ordinary least squares, which may help explain null results reported by past work. Counterfactual exercises suggest that the effect of job loss was punitively consequential. Had employment gains from the 1990s been preserved into the 2000s, the U.S. incarceration rate would have grown significantly less than it did. 相似文献
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转化犯是我国刑法规定的一种犯罪形态。以聚众犯罪为视角,结合转化犯的基本原理具体分析聚众犯罪转化犯的特征,聚众犯罪的转化既包括罪与罪的转化,也包括违法行为向犯罪的转化;聚众“打砸枪”虽然不是独立的罪名,但却是多种犯罪的聚合体,其转化罪是法律拟制的犯罪。关于聚众犯罪的转化犯,其在定罪量刑中存在着不同于一般转化犯的诸多疑难问题,对聚众犯罪转化过程中一系列特殊问题的研究,将使转化犯的理论内容更加丰富和具体。 相似文献
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Abstract Three studies are presented which test hypotheses derived from Equity Theory, Prospect Theory and the principle of Diminishing Marginal Value with regard to preferences for overpunishment and underpunishment in the assignment of penalties to offences of varying severity. The first two studies showed that, with different subject samples, offences, and kinds of punishments, subjects indicated a marked preference for over-punishment rather than underpunishment, when both over punishment and under-punishment deviated from ideal, or equitable, punishment to the same degree. However, the effect was only apparent for serious offences. A third study showed that the overpunishment preference for a serious offence existed even when the overpunishment deviated 30% more from ideal punishment than underpunishment, but again no preference was shown' for the less serious offence. As the results cannot be readily explained in terms of any of the three explanatory principles, a possible explanation in terms of concept of negative reciprocity is advanced. 相似文献
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ABSTRACTPreventive detention legislation allows for ongoing detention or supervision following completion of an offender’s sentence. Consideration of public protection should drive the administration of preventive detention, however research has indicated retributive concerns also drive decision making. Two studies were conducted to examine the motives driving preventive detention decisions, and how contextual variables affected the balance between retributive and public protection motives. In Study 1, participants were presented with information about an offender’s remorse, prior punishment, and risk of re-offence. In Study 2, participants were presented with information about an offender’s prior punishment and offence type, and the relative strength of various potential mediators was tested, to determine factors driving effects of prior punishment information. Overall, results demonstrated participants were driven by both retributive and public protection motives, as well as personal characteristics (e.g. political orientation, prejudice against offenders) when making preventive detention decisions. Findings are discussed in terms of their implications for preventive detention legislation. 相似文献
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论罪刑法定原则的社会基础 总被引:5,自引:0,他引:5
罪刑法定原则的立法化 ,当然离不了学者们的创构与证成 ,但是关键还在于社会的现实需要。在一定意义上讲 ,罪刑法定原则的立法化与社会的现实结构紧密相关。在中国 ,伴随着一元化社会结构的是源远流长的刑事类推制度 ,而随着市民社会的兴起和二元化社会结构的成长 ,罪刑法定原则终于实现了立法化。 相似文献
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经济犯罪的概念对破坏市场经济秩序罪具有评价功能,而后者对前者具有载体功能。这一命题使得经济犯罪死刑立法的分析更具明确性。经济犯罪死刑立法的本质问题是刑法的政治性过度侵蚀刑法的道德性。经济刑法过度政治化的约束条件主要有4个,即工具主义刑法观、民主性不足的立法程序、老一代政治家的政治情感、法典主义的立法技术。随着这4个因素的先后变化,预计经济犯罪的死刑立法将很快得到改观。 相似文献