Criminals' explanations of their criminal behavior, III: the effects of time and context

The authors looked at the explanations for their index of violent crimes as given by 69 incarcerated violent male offenders, respectively. We then examined the extent to which those explanations changed with the passing of time and with change in context. We found that explanations of impaired internal control increased with the passing of time, and that such explanation was given more often to mental health professionals rather than law enforcement professionals. Finally, we found that our subjects tended to give mental health professionals fewer explanations involving external control with the passing of time.     

Criminals' explanations of their criminal behavior, Part II: A possible role for psychopathy.

The author reviewed the literature concerning the effect of criminals' current psychopathology on their explanations about their crimes. He then studied 100 incarcerated men, examining the associations between their explanations and various historically documented aspects of psychopathy. Previously and independently documented patterns of pathological lying, lack of remorse or guilt, callousness or lack of empathy, and failure to accept responsibility for their own behavior were significantly associated with the offenders not admitting responsibility for their crimes. Further, independently described histories of pathological lying were associated with criminals' blaming their convictions on a faculty criminal-justice system, while histories of failure to accept responsibility for their behavior were associated with blaming someone else for their index crimes.     

The relationship of criminal victimization,police per capita and population density in twenty-six cities

This study examines the relationship between indicators of environmental control and criminal victimization rates in twenty-six large American central cities. Using a typology of criminal victimization that classifies crimes as property crimes with contact, property crimes without contact, and nonproperty assaultive crimes, it is found that both the number of police per capita and population density are negatively related to property crimes without contact and nonproperty assaultive crimes. However, the number of police per capita (controlling for population density) is not related to property crimes with contact, while population density (controlling for number of police per capita) is positively related to these crimes. Possible explanations for these patterns of relationships are discussed.     

ON THE CAUSES OF "WHITE-COLLAR" CRIME: AN ASSESSMENT OF HIRSCHI AND GOTTFREDSON'S CLAIMS

This article assesses Hirschi and Gottfredson claims about patterns and explanations of White-collar crime. It points out several flaws in their analysis and shows (1) that the UCR offense categories of fraud and forgery are not appropriate indicators of white-collar or occupational crime because the typical arrestee in these categories committed a nonoccupational crime; (2) that the demographic distribution (age, sex, race) of these "white-collar" crimes is not the same as it is for most ordinary crimes; and (3) that the occurrence of these "white-collar" crimes is not relatively rare. The implications of the findings for research and theory on crime are also discussed.     

Having a Bad Month: General Versus Specific Effects of Stress on Crime

We examine whether particular types of stress are related to particular types of crime or whether all types of stress are related to all types of crime. Our estimates are based on analyses of within-individual change over a 36 month period among recently incarcerated offenders. We find that assault is most strongly related to family stress, suggesting that conflicts between family members lead to assault. Economic crimes (property crimes and selling illicit drugs) are most clearly related to financial stress, suggesting that these crimes often reflect attempts to resolve financial problems. On the other hand, crime is generally unrelated to stress from illness/injury, death, and work. The results support the idea that criminal behavior is a focused response to specific types of problems rather than a general response to stress. They are more consistent with explanations that focus on perceived rewards and costs (e.g., the rational-choice approach) than with explanations that portray negative affect as a generalized impetus toward violence or crime (e.g., frustration aggression approaches).     

Temporal Patterns of Crime in Singapore

The authors abstracted and studied information from the Daily Crime Information for the crimes of armed robbery, sexual offenses, theft outside dwelling, theft of motor vehicles, theft of bicycles, theft in dwelling and housebreaking for the year 1975. Frequency by time of day and day of week were determined and analyzed for statistical significance. Long term trends of selected crimes were also calculated. The authors advance explanations for the observed patterns.

The limitations of classification, ambiguity in terminology, etc., made comparison with other countries difficult. Comparison could be made only with Korea and the U.S.A. in respect to the crimes of housebreaking and theft of motor vehicles.     

The catathymic crisis: An explanation of the serial killer

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.     

Few convictions in rape cases: Empirical evidence concerning some alternative explanations

This paper examines several explanations for the low rate of conviction for rape arrests made in the District of Columbia from 1971 to 1976. Discrimination against female victims does not appear to be a major cause of the problem, nor do rape victims appear more likely than victims of other serious crimes to cause case attrition due to their own unwillingness to continue. Questioning of the victim's credibility, on the other hand, does seem to be more of a reason for case dismissal for rape cases than for other serious crimes. A multivariate analysis of the types of rape cases that do result in conviction yielded eight statistically significant variables. A new perspective on rape cases emphasizing the issues of consent and credibility is presented.     

试论法律方法的意义及其局限之克服

对于法律的理解,人们难免会有争议,其原因在于前理解(前见)。为避免法律解释流于恣意,应以法律方法加以制约,但由于各种法律方法并不一致,导致各种解释结果产生矛盾。为此,应引入先例和学说中对有关规范的解释,对法官裁判加以限制。     

How Can it Happen that Horrendous State Crimes are Perpetrated?: An Overview of Criminological Theories

This article offers a criminological explanation of crimes perpetratedby state officials or those involving states, more specificallysuch crimes as genocide, war crimes or crimes against humanity.After exploring the criminological implications of the Milgramexperiments on obedience towards authority, the author presentsthe theory of ‘neutralization techniques’ and appliesit at the state level. Finally, by way of illustration, thenotorious speech made in 1943 by Himmler on the exterminationof Jews is analysed.     

Lawyering on the margins: lawyers and drug-criminals before Mexican federal courts

This paper explores some of the empirical dimensions of the way in which lawyers litigate drug crime cases in Mexican federal courts. In particular, the aim is to illustrate two aspects of the relationship between the legal profession practice and the crimes related to the trafficking, production, possession and transportation of illegal drugs in Mexico. The investigation focuses on whether the distinction between ‘narco-lawyers’ and ‘lawyers defending other crimes’ could be pertinent and useful for classifying particular forms of legal profession exercise. Moreover, analysis also extends to how narco-lawyers ‘work’ in practice, and what specific practices could distinguish them from their peers. Research findings suggest that lawyers who defend drug-criminals in Mexico (1) do offer a better explanation to their clients regarding the status of the judicial process, (2) present more evidence (witnesses, in particular) to support their client's innocence, and (3) obtain softer sentences (4) in less time than those lawyers who do not represent drug traffickers. Taken together, these findings suggest that drug trafficking may be contributing to a distinctive way of exercising the legal profession in Mexico.     

Criminalizing white-collar misconduct

In this article we examine three explanations for the differential treatment of white-collar offenders by the legal system: (1) an organizational advantage argument in which offenders in “organizationally shielded” positions receive more lenient treatment, (2) an alternative sanctions argument in which civil sanctions replace criminal sanctions in the response to white-collar crime, and (3) a system capacity argument in which the legal response to white-collar crime is driven primarily by resources and caseload pressures. These three theoretical arguments are tested through an analysis of data on individuals suspected of having committed serious crimes against savings and loan institutions in the 1980s. We seek to determine the factors that influenced prosecutors to file criminal charges against some of these suspects and not others. We conclude that all three models may be limited in their ability to explain low rates of prosecution in cases involving white-collar crimes of the sort examined here, and suggest that these limitations may have to do with the circumscribed levels of analysis at which these explanations have been pitched.     

Probable causes for police corruption: Some theories

Theories and explanations of police corruption presented in recent social science literature are reviewed to develop a conceptual framework for future study of the problem. Theories of corruption due to individual failings, organizational deviance, cynicism, lack of deterrence, and the lack of consensus on victimless crimes and their effects, are discussed.     

Crimes by Visitors Versus Crimes by Residents: The Influence of Visitor Inflows

Objectives

To disaggregate the crime impact of visitor inflows. There is increasing evidence that visitors can make a major contribution to levels of crime in a given neighbourhood: crimes by visiting offenders may add to those committed by local offenders, while visitors (and their property) may provide local offenders with additional opportunities for crime.

Methods

Using police-recorded crime data for a large Eastern Canadian city we determined whether individuals charged or chargeable for property and violent crimes were visitors or residents of census tracts (CT) where crimes had been committed. This information was combined with data from a large transportation survey, allowing us to estimate daily population flows into each CT for four purposes (work, shopping, recreation, and education). Negative binomial regression models including spatial lags were used.

Results

An increase in visitor inflow not only increases the number of visitors charged with crimes but also the number of local residents charged. These effects vary significantly by visit purpose: more infractions are committed in tracts where visits are for recreation and, to a lesser extent, for shopping. Findings for work and education are mixed.

Conclusions

One important implication of our results is that, because most studies of aggregate crime counts or rates fail to account for whether crimes have been committed by visitors or residents, previous research may have provided hasty, partial, or even erroneous explanations for crime concentrations.

     

Scientific Method and the Crimes of the Powerful

Over the past six decades researchers interested in the crimes of the powerful have developed a respectable body of literature. Owing to the empirical and theoretical richness of these contributions, the crimes of the powerful sub-field is ready for critical interventions to be made on the plane of scientific method. Moreover, such interventions have become increasingly necessary owing to the disciplinary hegemony of an orthodox empiricist approach which erects a problematic boundary between empirical representations of the crimes of the powerful and theoretical explanation. To aid a critique of this approach, this paper will employ the scientific framework of classical Marxism to decipher the peculiar problems which flow out of the orthodoxy’s method. It will be concluded that while classical Marxism offers a more rigorous framework for penetrating analyses of the crimes of the powerful, orthodox scholars have nevertheless made significant contributions which should also be utilised in future research.     

Robbery, recession and real wages in Hong Kong

Between 1965 and 1975 Hong Kong experienced a dramatic increase in reported crime. Criminologists have put forward two major explanations for this: 1) modernization (or convergence) theory, and 2) the alleged break-up of the police-triad (Chinese secret societies) alliance following the establishment of the Independent Commission Against Corruption. Data from the 1970s show a remarkably close relationship in Hong Kong between changes in real wages and robbery rates. In this paper we argue that declining wages are related to increased rates of such 'quick cash' crimes, particularly in societies lacking a safety net of unemployment benefits, universal health insurance and income security provisions. The results offer support for this alternative, but admittedly partial, explanation of Hong Kong's rising crime rate. This revised version was published online in July 2006 with corrections to the Cover Date.     

The dual function of explanations: Why it is useful to compute explanations

Whilst the legal debate concerning automated decision-making has been focused mainly on whether a ‘right to explanation’ exists in the GDPR, the emergence of ‘explainable Artificial Intelligence’ (XAI) has produced taxonomies for the explanation of Artificial Intelligence (AI) systems. However, various researchers have warned that transparency of the algorithmic processes in itself is not enough. Better and easier tools for the assessment and review of the socio-technical systems that incorporate automated decision-making are needed. The PLEAD project suggests that, aside from fulfilling the obligations set forth by Article 22 of the GDPR, explanations can also assist towards a holistic compliance strategy if used as detective controls. PLEAD aims to show that computable explanations can facilitate monitoring and auditing, and make compliance more systematic. Automated computable explanations can be key controls in fulfilling accountability and data-protection-by-design obligations, able to empower both controllers and data subjects. This opinion piece presents the work undertaken by the PLEAD project towards facilitating the generation of computable explanations. PLEAD leverages provenance-based technology to compute explanations as external detective controls to the benefit of data subjects and as internal detective controls to the benefit of the data controller.     

我国黑社会犯罪刑事立法的反思与完善

当前,我国已初步形成了以刑法典第294条和其他关联条款为主体,以刑法修正案和相关法律解释等法律文件为补充的黑社会犯罪刑法惩治体系,人们对黑社会犯罪的认识正在不断深化,犯罪形势、刑事立法和刑事司法相互影响也日渐增强.然而,由于规范与事实间存在的固有间隙,我国黑社会犯罪立法在观念上还存在较多问题与缺陷.若有效地与黑社会犯罪作斗争,必须从我国实际情况出发,根据黑社会犯罪的演变过程与实际的发展形态来完善惩治黑社会犯罪的刑法体系.     

Trends in the Reaction on Crime in Criminal Justice Systems in Europe in 1990–2007: A Comparison of Four European Regions

Recorded crime and prison populations seem to be increasing in Europe. Some explanations for this situation can be related to changes in the reaction on crime by the Criminal Justice Systems. The information collected in the European Sourcebook of Crime and Criminal Justice Statistics (ESB) provides a good opportunity to look in more detail at the changes in the various stages of the Criminal Justice Systems in more than 40 European countries over the period 1990 to 2007. In this study we look mainly at the changes over time of recorded crimes, the offender ratio, the conviction ratio and punitivity in Europe where the countries are clustered into four regions: North/West, South, Central and East Europe. It was found that the increase in the number of recorded drug crimes and a possible higher priority for violent crimes could help explain the increase in recorded crimes during the last two decades. The Criminal Justice Systems in Europe, with some differences between regions within Europe and despite not having more police resources, succeed in finding more offenders. The conviction ratio appeared to be increasing as well, mainly in Central Europe. While punitivity for Europe as a whole is stable, there are vast differences in the levels and trends between the regions.