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1.
Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals
who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the
criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First,
they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission
of infectious disease and even for HIV/AIDS, despite claims of AIDS exceptionalism. Second, although there are examples of
individuals who transmit infectious disease in a manner that fits the criminal law paradigm of identification of individual
offenders for deterrence or retribution, these examples are limited and can be accommodated by existing criminal laws not
devoted specifically to infectious disease. Third, and most importantly, the current criminal laws regarding HIV/AIDS, like
many other criminal laws applied to infectious disease transmission, have been misguided in focusing on punishment of the
diseased individual as a wrongful transmitter. Instead of individual offenders, activities that enhance the scale of disease
transmission—behaviors that might be characterized as ‘transmission facilitation’—are a more appropriate target for the criminal
law. Examples are trafficking in human beings (including sex trafficking, organ trafficking, and labor trafficking), suppression
of information about the emergence of infection in circumstances in which there is a legally established obligation to disclose,
and intentional or reckless activities to discourage disease treatment or prevention. Difficulties remain with justifications
for criminalizing even these behaviors, however, most importantly the need for trust in reducing overall burdens of disease,
problems in identifying individual responsible offenders, and potential misalignment between static criminal law and the changing
nature of infectious disease. 相似文献
2.
Various explanations have been proposed to explain the motivation of serial killers. This article proposes that the theory
of the Catathymic Crisis is an explanation that adds light to the “serial” nature of serial murder as well as an explanation
of why and how a person can become a serial killer. The theory of Catathymic Crisis was presented in 1937 by Dr. Frederic
Wertham as an explanation for some types violent and seemingly motivationless crimes. Dr. Wertham's theory describes a five
stage process in which (1) a thinking disorder occurs within the mind of the criminal, (2) a plan is created to commit a violent
criminal act, (3) internal emotional tension forces the commission of the criminal act, which leads to (4) a superficial calmness
in which the need to commit the violent act is eliminated and normal activity can be conducted and (5) the mind adjusts itself
and understands that the thinking process that caused the commission of the criminal act was flawed and the mind makes adjustments
in order to prevent further criminal activity. The serial killer never reaches the fifth stage but returns to the second and
operates in a cycle between stage two and four. This article advocates that the Catathymic Crisis explains why the serial
killer needs to commit murder, why that need develops and why there is an escalating nature of the criminal activity by the
serial killer. 相似文献
3.
Philip Jenkins 《American Journal of Criminal Justice》1993,17(2):47-60
African-Americans are usually over-represented among offenders arrested in “normal” homicide cases, making up a considerably
larger proportion than would be expected from the Black presence in the population at large. Among serial murderers, however,
African-Americans are much less in evidence—perhaps one-fifth or less of known American serial killers are Black. It may be
that African-Americans are in fact less involved in serial murder activity than are Anglo Whites or Hispanics; but it must
also be asked whether this is simply an impression gained from the ways in which serial murder activity is identified and
investigated. For a number of reasons, law enforcement agencies might be less likely to seek or find evidence of serial murder
activity where the victims are Black. As homicide is primarily an intra-racial crime, this would then mean that Black serial
killers would be far more likely to escape detection. 相似文献
4.
Klaus von Lampe 《Trends in Organized Crime》2006,9(3):77-95
This essay and review systematically charts the various influences from other areas of scientific research, including economy,
psychology, and neurobiology, on the study of organized crime. Drawing on an analysis of American and international literature,
metaphorical, and substantive references to other disciplines are highlighted on five levels of observation: the individual
“organized criminal,” the activities these individuals are involved in, the associational patterns through which they are
connected, the power structures that subordinate these individuals and collectives to common or particular interests, and
the relations between these individuals, structures and activities on the one hand, and the legal spheres of society on the
other. It is argued that a research program aiming at building up a cumulative body of knowledge is needed to overcome the
shortcomings of the current eclectic use of concepts and theories from other disciplines. 相似文献
5.
China’s red-hot economy in recent decades has not only brought the country unprecedented wealth and political prominence in
the world but also created ample opportunities for criminal enterprises to flourish. A review of recently published literature
reveals that two types of transnational criminal activities – human smuggling and drug trafficking – received a fair amount
of empirical attention in the research community. Other crimes, however, although carrying equally significant cross-national
implications, have received scant attention. Thanks to a handful of empirical studies in recent years, the notion that traditional
Chinese crime syndicates dominated transnational criminal activities has largely been dispelled. Most of those involved in
transnational crimes (at least in human smuggling and drug trafficking) were found to be otherwise ordinary individuals who
exploit their social or familial networks to take advantage of emerging opportunities. The criminal underworld in China appears
to be growing along two separate tracks, with transnational organized crimes operating on one track and locally based criminal
organizations on the other. Both groups of criminal entities are not known to cross paths in any systemic way. Research on
Chinese organized crime (either locally based or transnational) has remained rather limited. Future research needs to emphasize
empirical strategies to explore these and other pressing transnational criminal activities, as well as to solidify recent
findings. 相似文献
6.
In the United States, infamous crimes against innocent victims—especially children—have repeatedly been regarded as justice
system “failures” and resulted in reactionary legislation enacted without regard to prospective negative consequences. This
pattern in part results when ‘memorial crime control’ advocates implicitly but inappropriately apply the tenets of routine
activities theory, wherein crime prevention is presumed to be achievable by hardening likely targets, increasing the costs
associated with crime commission, and removing criminal opportunity. In response, the authors argue that academic and public
policy discourse will benefit from the inclusion of a new criminological perspective called random activities theory, in which tragic crimes are framed as rare but statistically inevitable ‘Black Swans’ instead of justice system failures.
Potential objections and implications for public policy are discussed at length. 相似文献
7.
The current study examined the criminal justice experiences of foster care youth living with relatives, foster families, and
living in congregate care; dependents receiving in-home care; and non-dependent youth. Specific attention was directed at
uncovering whether form of maltreatment, placement type, and/or placement instability were related to delinquency. A prospective
analysis of official record data followed children in Los Angeles County from the time of a first admission to the Department
of Children and Family Services (DCFS) to potential involvement in the criminal justice system (N = 1,235). The study also
utilized a matched control design in which DCFS cases were compared to non-dependent controls (N = 1,235). The most consistent
predictors of delinquency were placement instability and age at placement. Youth who were older at placement and youth with
at least one placement change were more likely to be arrested for violent and non-violent crimes as well as be charged by
the district attorney than younger youth with no placement changes. 相似文献
8.
John K. Cochran Max L. Bromley Kathryn A. Branch 《American Journal of Criminal Justice》2000,24(2):189-201
Theories of criminal opportunity and criminal victimization (lifestyles, routine activities, and structuralchoice) all stress
the convergence of motivated offenders, suitable targets, and the absence of guardianship in time and space. They each assert
the chances of victimization increase as proximity to motivated offenders, exposure to highrisk environments, target attractiveness,
and ineffective guardianship increase. This study tests Miethe and Meier’s structuralchoice theory by examining domainspecific
victimization and fear of crime among patrons of an entertainment district crime “hot spot. ”Regression results show both
victimization experience and fear of crime are associated significantly with indicators of proximity and guardianship, but
not with exposure or target attractiveness. White patrons of this area are more likely to be victimized, nonwhites report
significantly higher levels of fear.
The research for this paper was supported by Grant No. 97PRWX0298 from the Office of Community Oriented Policing Services.
Findings and conclusions of the research reported here are those of the authors and do not necessarily reflect the official
position or policies of the U.S. Department of Justice. 相似文献
9.
Alexander G. Kalman 《Trends in Organized Crime》2001,6(3-4):68-76
The collapse of communism in Ukraine created opportunities for organized criminal groups to expand their economic criminal
activities in the “shadow economy” by penetrating all levels of public and economic administration. Ukrainian law enforcement
agencies are poorly equipped to handle this increase in criminal activity, especially with respect to uncooperative foreign
and domestic economic institutions. State machinery for regulation and control of industry and commerce was easily accessible
to organized crime through bribing of state officials, who received no supervision during economic restructuring. Notwithstanding
the active assistance of corrupt government officials, organized economic crime has benefited from chaos and lost government
control as the result of recent economic reforms in Ukraine. Researchers in this study hypothesize that the social and economic
disorder, as well as a common and justified mistrust of state officials, fosters a pessimism and erodes moral standards, which
in turn fosters criminal activity. Of late, judicial sentencing for those convicted of economic crimes has become lighter
while many economic criminal cases are never investigated or prosecuted in the first place. In order to combat large-scale
corruption, there must be better supervision of government officials and better monitoring of foreign economic transactions.
One of the most disastrous consequences of the collapse of the Ukrainian communist system has been the widespread increase
of economic crime. This phenomenon is self-sustaining, penetrating all levels of Ukraine's economy and administrative sectors.
Criminal activity helps to sustain the shadow economy in Ukraine, which has been estimated by various sources to constitute
50 to 60 percent of the economy. Law enforcement and administrative efforts have been largely futile in curbing this corruption.
Nevertheless, it is possible to overcome the criminal social and economic order that has become ingrained in this “shadow
economy.” This paper seeks to propose policy solutions for Ukrainian economic crime and corruption that could be implemented
at the national level. 相似文献
10.
Much recent research and debate in criminology have centered around how to conceptualize and model longitudinal sequences
of delinquent and criminal acts committed by individuals. Two approaches dominate this controversy. One originates in thecriminal careers paradigm, which emphasizes a potentialheterogeneity of offending groups in the general population—thus leading to a distinction between incidence and prevalence of criminal offending, a focus on
the onset, persistence, and desistence of criminal careers, and the possibility that criminals are a distinctive group with
constant high rates of offending. Another approach places criminal events within a broader context ofstudies of the life course by explicitly substituting the conceptualization of “social events” for that of “criminal careers”. With respect to analytical
models, this approach emphasizes a potentialheterogeneity of offenders with respect to order of criminal events from first to second to higher orders and thus suggests an analysis of the “risks” or “hazards” of offending by order of
offense. Some extant commentaries on the criminal careers and life course approaches to conceptualizing and modeling longitudinal
sequences of delinquent and criminal events committed by individuals have emphasized their differences and incompatibilities.
In contrast, we apply recently developed semiparametric mixed Poisson regression techniques to develop conditions under which
the two conceptual/modeling approaches are formally equivalent. We also modify the semiparametric mixed Poisson regression
model of criminal careers to incorporate information on order of the delinquent/criminal event and develop an empirical application.
This modification demonstrates the complementarity of the criminal careers and life course approaches, even though they have
somewhat different foci. 相似文献
11.
This study focuses on two major junctures in the Israeli criminal justice system, the preadjudication stage and the trial
stage. The data are gathered from records accumulated during the period 1980 through 1992. For each year between 1980 and
1992, a random sample of 3637 persons, who had their first police contact that year, was drawn from the computerized central
file at Israeli Police Headquarters. A total of 40,007 individuals, with a total of 97,000 records, constituted the study
population. The results identify which criminal records were most likely to be terminated prior to adjudication and which
records, once adjudicated, were most likely to conclude in conviction. Major emphasis was placed on the issue of nationality—being
an Arab or a Jew—while the effect of other variables, such as the type of offense and the time period, were controlled. The
criminal justice system was found to be less discriminating at the early stages of the criminal process, but as the offender
moved along the process, the chances that nationality would play an important part increased.
Authors are listed alphabetically and contributed equally to the writing of this paper. 相似文献
12.
Peter Grabosky 《Asian Journal of Criminology》2007,2(2):145-161
Digital technology has transformed organizational life. Developments in communications, and in information storage and retrieval,
to name just two areas, have greatly enhanced the efficiency with which legitimate organizations operate. Unfortunately, the
benefits of digital technology are not lost on criminal organizations, which exploit digital technology to enhance the efficiency and effectiveness of their own operations. This
paper will discuss the organized criminal exploitation of digital technology, by looking at a number of illustrative cases
from Asia and around the world. It will discuss the various types of “conventional” organized crime that can be facilitated
by digital technology, as well as terrorism, which itself can be regarded as a special kind of organized criminal activity.
One fundamental question that the paper will seek to address is whether the activities of Asian organized crime have become
substantively different as a result of technology, or whether traditional organized criminal activities in Asia are merely
being conducted on a more efficient and effective basis. The paper will note the transnational nature of much organized criminal
activity, and will discuss mechanisms for the control of organized crime in the digital age. 相似文献
13.
Vincent Chiao 《Criminal Law and Philosophy》2010,4(1):37-55
Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted
requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference
in the “moral character” or “intentional structure” of intended versus non-intended harms. I argue that there are reasons
to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal
responsibility that such a distinction would support a rule restricting attempts to criminal purpose. I defend instead the
“continuity thesis,” according to which attempts are functionally continuous with endangerment offenses: both are legal efforts
to regulate unreasonably dangerous conduct. The upshot of the continuity thesis is that there is little substantive difference
between attempt and endangerment in principle, no matter how they are labeled in law. 相似文献
14.
The law's responses to massacres seem to vacillate between twomodels: (i) the model of the criminal law of the enemyinspired by the national criminal law and rendered topical againby the attacks of September 11; (ii) the model of the criminallaw of inhumanity symbolized by the paradigm of crimesagainst humanity. The latter model is better suited to takeaccount of the qualitative dimension of massacres, i.e. thefact that they, besides being mass offences (quantitative criterion),also offend against humanity. To establish a criminallaw of inhumanity as a model with a universal, or universalizable,dimension, three conditions are necessary, which concern (i)the definition of the crimes, (ii) the assignment of responsibilityand (iii) the nature of the punishment. As for the definitionof the crime, one could implicitly deduce from the list of actsconstituting crimes against humanity (Article 7 of the InternationalCriminal Court Statute) that humanity so protected has two inseparablecomponents: the individuality of each human being, not reducibleto membership in a group, and the equal membership of each inthe human community as a whole. With regard to the second condition,it is not sufficient to hold responsible the de jure or de factoleaders; intermediaries and perpetrators, at all levels of hierarchy,must also be held accountable. As for the third condition, itis not sufficient to content oneself with the watchword of thefight against impunity without bringing up the nature and functionsof the punishment; hence the necessity not only to rethink therole criminal law can play in a policy of punishment,but also to focus on prevention, reparation and reconciliation.Finally, the author suggests that the proposed model of a criminallaw of inhumanity must be built through the interplaybetween municipal law and international law. On the one hand,the wealth of national legal systems — also with regardto penalties and responsibility — should be better integratedinto international criminal justice; on the other, nationalcriminal systems should be better adapted to conditions of internationallaw, through the introduction into domestic law of the definitionsof the crimes and also the rules for assigning criminal responsibility. 相似文献
15.
Obi N. I. Ebbe 《Trends in Organized Crime》1999,4(3):29-59
Conclusion Organized crime activities flourish in Nigeria because law enforcement is weak or nonexistent at all levels. The police were
corrupt even before organized crime emerged in its present form in Nigeria. Since “corruption is necessary for the successful
operation of organized crime,”94 the structure and operation of the Nigerian police, together with the activities of corrupt heads of state and corrupt politicians,
made Nigeria fertile ground for organized crime. When those who make the laws and those who enforce the law are shamelessly
corrupt, then the entire society is cor-rupted. These leaders are supposed to be the role models of the younger generations
in Nigeria. Instead, they represent what Gresham Sykes and David Matza have termed the “appeal to higher loyalty”—a technique
for rationalization of wrongs by under-privileged elements of Nigerian society who willingly engage in criminal activity. 相似文献
16.
17.
Genlin Liang 《Frontiers of Law in China》2007,2(3):418-445
The judicial interpretation of criminal law should be an application interpretation to individual cases that is guided by
judges and participated by the prosecutor and the accused, for which the judicial judgment should be combined with the application
of criminal law of specific cases, and the criminal precedents should be as a carrier. The Supreme People’s Court should change
from the previous practices of issuing normative and abstract interpretation to the dual approaches of the interpretation
of criminal law application through direct creation and indirect acknowledgement.
Liang Genlin, Professor and Vice Dean of Law School of Peking University and as a visiting professor of University of Tuebingen
(2001–2002). His main research focuses on criminal law and criminal policy, and his important publications include “On the
Structure of Punishment”, “Liang Genlin’s Review on Criminal Policy, Volume I, Criminal Policy: Standpoint and Category”,
“Liang Genlin’s Review on Criminal Policy, Volume II, the Arm of the Law: Expand and Limit”, “Liang Genlin’s Review on Criminal
Policy, Volume III, Criminal Sanction: Manner and Choice”. Besides, he has also published over 40 discourses on criminal law
and criminal policy since 1996. 相似文献
18.
Frank E. Hagan 《Trends in Organized Crime》2006,9(4):127-137
Despite decades of effort, the search for a universal definition of organized crime has eluded both academics, criminal justice
agencies, as well as international bodies. More than two decades ago, a content analysis of such definitional efforts by this
writer (Hagan, 1983) noted that, while many writers, including those of textbooks, failed to supply explicit definitions of
organized crime, some consensus was apparent. These earlier findings are explored and compared with updated content analyses
of American criminology and criminal justice textbooks and organized crime textbooks. Also discussed are definitions offered
by criminal justice agencies and those by international organizations. A distinction is made between “Organized Crime” groups
and “organized crime,” activities by groups that are organized.
This paper was presented at the Academy of Criminal Justice Sciences, Baltimore, Maryland, March 2006. 相似文献
19.
Bounty hunters are employed by the bail industry to locate and apprehend criminal defendants who “skip” bail and, subsequently,
fail to appear for court appointments. While some scholars have examined bounty hunters, this work is concerned primarily
with the origins, history, and legal challenges to the industry and its practices. Popular literature on this subject has
created the “myth” of the bounty hunter, but it has failed to provide an accurate portrayal of the activities these individuals
perform. Through the use of field research methods, this study provides a better understanding of the role that bail agents
and bounty hunters play in the criminal justice system. 相似文献