Suburbia’s “Crime Experts”: The Neo-Conservatism of Control Theory and the Ethos of Crime

This essay tackles the relationship between morality and crime by way of the debate surrounding Travis Hirschi’s double contribution to so-called “control theory,” first as “social bonding theory,” and subsequently as a “general theory” of crime. The assessment conducted herein construes the first version of “control” as an expression of patriotism, and its late formulation, on account of its emphasis on varying individual levels of self-mastery, as an implicit reaffirmation of the inevitability of class division. Over the years, the fixation with “self-control” has become a rubric for the suburban anxieties of an upper-middle class surrounded by expanding (ghetto) poverty and plagued by familial dysfunction and the alienation of its own offspring. In the final analysis, these reflections form the basis for a general reformulation, inspired by the sociology of Thorstein Veblen, of the relationship between class and crime and condign punishment by leveraging the notion of ethos (a common mindset peculiar to each class), and proving thereby that crime is systematically determined by this very mindset, which is the spiritual complement to class formation, rather than by the conventionally classless categories of rational self-interest or idiosyncratic proneness to violence.     

Quantifying the Accuracy of Forensic Examiners in the Absence of a “Gold Standard”

This study asked whether latent class modeling methods and multiple ratings of the same cases might permit quantification of the accuracy of forensic assessments. Five evaluators examined 156 redacted court reports concerning criminal defendants who had undergone hospitalization for evaluation or restoration of their adjudicative competence. Evaluators rated each defendant’s Dusky-defined competence to stand trial on a five-point scale as well as each defendant’s understanding of, appreciation of, and reasoning about criminal proceedings. Having multiple ratings per defendant made it possible to estimate accuracy parameters using maximum likelihood and Bayesian approaches, despite the absence of any “gold standard” for the defendants’ true competence status. Evaluators appeared to be very accurate, though this finding should be viewed with caution.     

Police,Crime and the Problem of Weak Instruments: Revisiting the “More Police,Less Crime” Thesis

Objectives

A key question in the general deterrence literature has been the extent to which the police reduce crime. Definitive answers to this statement, however, are difficult to come by because while more police may reduce crime, higher crime rates may also increase police levels, by triggering the hiring of more police. One way to help overcome this problem is through the use of instrumental variables (IV). Levitt, for example, has employed instrumental variables regression procedures, using mayoral and gubernatorial election cycles and firefighter hiring as instruments for police strength, to address the potential endogeneity of police levels in structural equations of crime due to simultaneity bias.

Methods

We assess the validity and reliability of the instruments used by Levitt for police hiring using recently-developed specification tests for instruments. We apply these tests to both Levitt’s original panel dataset of 59 US cities covering the period 1970–1992 and an extended version of the panel with data through 2008.

Results

Results indicate that election cycles and firefighter hiring are “weak instruments”—weak predictors of police growth that, if used as instruments in an IV estimation, are prone to result in an unreliable estimate of the impact of police levels on crime.

Conclusions

Levitt’s preferred instruments for police levels—mayoral and gubernatorial election cycles and firefighter hiring—are weak instruments by current econometric standards and thus cannot be used to address the potential endogeneity of police in crime equations.

     

The Paradigm of the War on Crime: Legitimating Inhuman Treatment?

Since 11 September 2001, a new paradigm has developed in criminallaw. Parallel to the idea of the ‘war on terror’,a paradigm based around ‘war on crime’ has emerged.Inevitably, however, a paradigm of war leads to abandoning scientificapproaches based on a legal-moral vision (crime, guilt and punishment)in favour of a merely pragmatic vision, which associates nationalsecurity with social defence. Based on an unclear concept ofdangerousness, presumed by simple membership in a group labelled‘enemy’, the goal is to neutralize, or even eliminate,the criminal/deviant. When combined with a denial of internationalprotections, deconstructing national criminal law thus runsthe risk of pushing a black hole through the rule of law. Manyhave criticized such a paradigm; however, the author pointsout that the paradigm of the war on crime (and more generallythe war on terror), provided that it respects internationallaw, can be useful, because it shows the need to overcome thebinary opposition between war and peace, as well as betweenwar crimes and ordinary crimes. Nonetheless, it must be clearthat this paradigm can only be one of transition. To overcomethe war–peace dichotomy in a global community and to reconstructthe relationship between terrorism and torture, neither a ‘warcrimes’ nor a ‘war on crime’ paradigm is trulysufficient. Only through the amplification of a paradigm of‘crime against humanity’ (itself unstable and evolvingbut free from the war metaphor) can we reconstruct humanityas a value and make it the cornerstone of any legal system.     

Architecture and Terrorism: A Case Study of the Impact of “The Troubles” on the Architecture of Northern Ireland

Twenty years ago last month “the troubles” began in Northern Ireland. The political, social and economic implications of the problems that now beset the province are well known. What is less familiar is the effect the troubles are having on architecture and environmental design in Northern Ireland. This paper seeks to examine the way the special demands of security and solidity of construction are reconciled with the political policy of playing down the visual impact of the troubles.     

Low Self-Control in “Bad” Neighborhoods: Assessing the Role of Context on the Relationship Between Self-Control and Crime

Although a wealth of research has substantiated the relationship between self-control and offending independent of an array of theoretically relevant covariates, little is known about the contextual variability of this relationship. Our study contributes to the literature by assessing neighborhood variability in the explanatory effect of self-control on individual offending in two Eastern European cities: Lviv, Ukraine and Nizhni Novgorod, Russia. Using data elicited from interviews with 1,431 respondents across 41 neighborhoods, we examine the extent to which the relationship between self-control and offending is moderated by neighborhood socioeconomic status (SES), and investigate the role of illegal opportunities and neighborhood morality as intervening processes accounting for the cross-level interaction between self-control and neighborhood SES. Estimates from hierarchical linear models indicate that self-control effects on offending are contingent upon ecological characteristics. However, neighborhood morality, and not neighborhood SES or neighborhood opportunities for crime, is a direct moderator of these effects.     

Maneuvering with Crime. An Empirical Reconstruction of “Populist” Stances on Youth Crime in German Parliamentary Debates

Recent years have seen a wide discussion of populism in penal policy, which is internationally regarded as a strong drive for establishing punitive tendencies. Generally, “penal populism” is characterized by an extensive consensus across the most influential political parties, a punitive orientation, and the dismissal of scientific or professional expertise. Recent penal policy therefore appears to be a relatively unified practice strongly oriented toward punitive measures that primarily address the public and its perceived need for protection. Because analyses of Anglophone countries are predominant in this discussion, we contrast them with a reconstruction of debates on youth crime in German parliaments from 1970 to 2012. They exhibit a wide variety of populist articulations. Although they imply a strong punitive bias, they also encompass a very heterogeneous rhetoric of penal policy. In conclusion, we argue that penal populism can (and should) be described as a tactical practice, i.e., as political maneuvering employed to negotiate the prospects of punitive and other styles of politics.     

Deconstructing “Force and Fraud”: An Empirical Assessment of the Generality of Crime

Gottfredson and Hirschi (A General Theory of Crime, Stanford University Press, Stanford, CA, 1990) have proposed a general theory of crime to explain a set of behaviors they refer to as acts of force and fraud. Central to their theory is the claim that force and fraud are both manifestations of the individual's unrestrained pursuit of short-term gratification. At the same time, research from numerous disciplines suggests that the correlates of violence differ somewhat from those of property crime. The present study therefore uses data from the National Youth Survey to explore whether force and fraud can legitimately be viewed as manifestations of a single underlying construct among American adolescents. Overall, findings from confirmatory factor analyses suggest that they cannot. Rather, they suggest that multi-factor models of force and fraud improve significantly upon the fit of single-factor models and that force and fraud may therefore reflect overlapping, but empirically distinct, constructs.     

It Looks Good,but What is it Like to Live There? Exploring the Impact of Innovative Housing Design on Crime

This paper reports on the findings of a collaborative project (funded by the Home Office and managed by the Commission for Architecture and the Built Environment - CABE) which was conducted in late 2009 and early 2010. The project set out to strengthen and update the evidence base on the impact of design on a range of crime types – with a specific focus upon housing developments acclaimed for their innovative design and award winning architecture. This paper presents the findings of an in-depth assessment of the impact of housing design features on crime. Utilising a comprehensive data collection exercise, the specific design features of thousands of homes were collated and assessed against police recorded crime data. The design features were based upon the key elements of Crime Prevention Through Environmental Design (CPTED) including road layout, house design, surveillance, territoriality, car parking, communal space, management and maintenance and physical security. The unique and painstaking methodology not only provided an excellent dataset for analysis, but also highlighted the need both for greater conceptual clarity within CPTED and for crime-risk assessments to be based on the careful operationalisation and measurement of CPTED factors. As well as assessing the impact of specific (and combined) design features upon crime, the research also resulted in the production of a new data collection tool designed to address the weaknesses of existing checklists in assessing innovative contemporary developments, which are often unconventional in nature. The paper explores the degree of conflict and/or synergy between the traditional principles of CPTED and contemporary directions in architecture and design. Finally the paper considers the extent to which traditional CPTED principles remain relevant within contemporary residential developments and explores whether areas of revision are required.     

Is the Impact of Alcohol Consumption on Violence Relative to the Level of Consumption?

Two ideas concerning the link between bullying in school and violence on the streets are investigated. (1) Bullying and victimization in school is a product of the school situation and people's inability to choose their levels of exposure to others. According to this hypothesis, bullying is largely a phenomenon that is isolated to the school context. (II) Bullying behaviour in school and inflicting damage to others outside school is a reflection of a more general aggressive behaviour pattern and, hence, bullying in school and violence on the streets will, to a great extent, involve the same individuals. The literature offers suggestions that either could be the case. Participants were 2915 14-year-olds in a medium-sized county in Sweden who responded to a self-report questionnaire.Theresults showed that bullying others in school was strongly linked to violent behaviour and weapon-carrying on the streets, both among boys and girls. It was also found that bullying others in school was related to being violently victimized on the streets. The findings remained the same when statistically controlling for loitering and nights spent away from home, which were both related to bullying behaviour. It is concluded that bullying behaviour in school is in many cases a part of a more general violent and aggressive behaviour pattern and that preventive efforts targeting individuals with bullying behaviour in school could, according to the present study, decrease violence among adolescents out in the community as well.     

Analysis on the impact of the “Dilution Theory” on ruling of trademark cases

Chinese trademark law has established the cross-category protection system of well-known trademarks based on the confusion theory. The system, however, has many problems in practice and does not fulfill completely the needs for protecting well-known trademarks. Consequently, when hearing trademark cases, some judges have abandoned the confusion theory instead of using the dilution theory in judging well-known trademarks. Through analysis on 100 judgments concerning well-known trademark cases, it can be seen that the influence of the dilution theory on the ruling of trademark cases is increasing. Certain conditions should first be satisfied when introducing the dilution theory to rule trademark cases: Firstly, the contents of the dilution theory shall be grasped as correctly as possible to avoid plausible understanding; secondly, the application of the dilution theory shall adopt the existing institutional criteria as much as possible by full use of the leeway of interpretation provided by the existing system.     

A Hunter’s Moon: the Effect of Moon Illumination on Outdoor Crime

We use National Incident-Based Reporting System (NIBRS) data and an AutoRegressive Integrative Moving Average (ARIMA) study design to investigate the effect of moon illumination on reported crime occurring outdoors between the hours of 10 pm to 2 am in 13 U.S. states and the District of Columbia. Prior research analyzed a confounded dependent variable that amalgamated indoor and outdoor crimes. This situation is problematic in that there is little reason to speculate a relationship between moon illumination and indoor crime because artificial illumination is used within dwellings. Findings show that while moon illumination has little influence on total crime and indoor crime, the intensity of moonlight does have a substantive positive effect on outdoor criminal activity. As moon illumination intensifies, outdoor crime increases markedly. Plausible explanations for this relationship are discussed.     

Facing the Boundaries of Epistemology: Kumārila on Error and Negative Cognition

Kumārila’s commitment to the explanation of cognitive experiences not confined to valid cognition alone, allows a detailed discussion of border-line cases (such as doubt and error) and the admittance of absent entities as separate instances of cognitive objects. Are such absent entities only the negative side of positive entities? Are they, hence, fully relative (since a cow could be said to be the absent side of a horse and vice versa)? Through the analysis of a debated passage of the ?lokavārttika, the present article proposes a reconstruction of Kumārila’s view of the relation between erroneous cognitions and cognitions of absence (abhāva), and considers the philosophical problem of the ontological status of absence.     

The Effect of Retention Interval on the Confidence–Accuracy Relationship for Eyewitness Identification

Recent research using a calibration approach indicates that eyewitness confidence assessments obtained immediately after a positive identification decision provide a useful guide as to the likely accuracy of the identification. This study extended research on the boundary conditions of the confidence–accuracy (CA) relationship by varying the retention interval between encoding and identification test. Participants (N = 1,063) viewed one of five different targets in a community setting and attempted an identification from an 8-person target-present or -absent lineup either immediately or several weeks later. Compared to the immediate condition, the delay condition produced greater overconfidence and lower diagnosticity. However, for choosers at both retention intervals there was a meaningful CA relationship and diagnosticity was much stronger at high than low confidence levels.     

On the Legislative Defect of the Crime of Copyright Infringement from the Baidu Library Case——Commenting on 2011 the views of a number of issues on the handling of criminal cases of IPR infringement law

2011年《若干意见》进一步明确了侵犯著作权罪的定罪量刑标准,但《若干意见》在对侵犯著作权罪的解释中仍然存在着主客观方面的纠结,立法层面的规范纠结必将使得立法意图无法实现.解开纠结的路径应为:在主观方面,提高网络信息服务提供者的审查义务,即只要网络信息服务提供者在他人上传侵权作品的网站上直接或者间接收取费用,就推定其明知他人上传的作品侵权并利用;在客观方面,将“利用他人上传的侵权作品”涵盖在“发行”的外延中.