Can Making It Harder to Convict Criminals Ever Reduce Crime?

This paper attempts to find the optimal level of the burden of proof needed in criminal cases in order to minimize crime. It also aims to provide an explanation for the higher burden of proof required in criminal cases than civil cases. It assumes that police officers receive incentive payments for convictions in cases they investigate. Although the direct effect of a higher burden of proof requirement is to reduce the probability of conviction, the indirect effect is to force police officers to build stronger cases and put more effort into finding suspects who are more likely to be guilty. Moreover, the increase in the marginal probability of conviction potential criminals face when they actually commit a crime increases. These factors imply that a reduction in the burden of proof will not necessarily reduce crime.     

The Youth Crime Problems in the Republic of Korea

The Republic of Korea, ironically known as “the Land of the Morning Calm,” has experienced drastic social changes during the past half century.1 Most experts agree that the catalyst for this change has been the country's remarkably swift modernization and urbanization, as Korean society has shifted away from its past agrarian traditions. What has resulted are major conflicts between its culture's traditional values and new values imported from social structures of the industrialized western nations. These conflicts as they relate to juvenile delinquency are the subject of this article.     

The Development of a Preeminent Corrections Scholar

Abstract

Doris Layton MacKenzie came into the field of criminal justice and criminology in her thirties, balancing the dual tasks of motherhood and scholarship successfully. After completing her Doctoral work in Psychology at Pennsylvania State University, MacKenzie accepted her first academic position at Louisiana State University. There she began what has become the most comprehensive body of work to date on the study of boot camps. Now a full professor in the Department of Criminology and Criminal Justice at the University of Maryland, MacKenzie continues her work in discovering what works and what doesn't work in corrections, and is a strong advocate for field research that generates real, practical applications for public safety and crime control. Building on her PhD research in psychology, Doris Layton MacKenzie has focused her career on offender behavior and what can be done to change that behavior. This article profiles the life of Doris Layton MacKenzie: her childhood years; her education; and her professional work to today, when she continues to serve as an inspiration to her students and colleagues as a scientist and human being.     

非法经营罪规制目的的预设与生成

非法经营罪在实践中存在扩张适用的倾向,被认为是“口袋罪”,对其司法适用有必要进行限缩。传统限缩方法是采取等价解释,但无法对该罪的规制目的予以合理解释。立法者在创制该规范之际并无明确的目的预设,且可能希望该罪的规范保护范围通过自发方式在司法中生成。在整体法秩序发展之中,基于经济、法治等外部系统的变化,非法经营罪除了要保障行政许可制度之外,还应越来越关注对市场调整方式的现实保障。行业性的合规制度作为市场调整的方式,将成为判断非法经营罪的根据。     

Crime networks in Vietnamese diasporas. The Czech Republic case

The study seeks to analyse the structure and “modus operandi” of crime networks in the Czech Republic′s Vietnamese diaspora. Vietnamese criminality in the country has roots in communist era. After the democratic changes at the end of 80s, it has been representing dynamically developing phenomena, penetrating not only the local Vietnamese emigrant community but the state apparatus as well. Actually, the Vietnamese criminal underground lives in a specific symbiosis with the local Asian emigrant community, where legal and illegal activities are frequently merged together. “Respectable men” who have features of both legal businessmen and criminal bosses are the main actors in these processes. They create parallel power structures in closed worlds of Asian emigrants.     

Crime prevention in a communitarian society: Bang-jiao and tiao-jie in the people's Republic of China

This paper examines two important strategies of community crime prevention in contemporary Chinese society: bang-jiao and tiao-jie. Bang-jiao refers to community efforts to reintegrate offenders into the community. Tiao-jie refers to community groups designed to resolve disputes among neighbors and family members, and in doing so, to reduce crime. We describe these strategies, discuss their philosophical underpinnings, and identify the features of Chinese society that support their implementation. We also explore their effectiveness with survey data from a sample of offenders in Tianjin, China. Our empirical analyses suggest that bang-jiao and tiao-jie may indeed be important structural mechanisms for crime control in a communitarian society.     

Crime control in the sphere of information technologies in the Republic of Turkey

Cybercrime is considered an issue of both local and global concern. Therefore, this study focuses on the local experience in cybercrime control of different countries, including the Republic of Turkey. The article discusses issues in cybersecurity policy and analyzes the legislative framework of the Republic of Turkey on cybercrime issues. The findings underlie the continuing education policy for cybersecurity employees. The study concludes that Turkey handles the current cybercrime situation with efficiency.     

Walking the Tightrope: Harmful Acts and the Construction of Crime in the Norwegian Securities Markets

The main topic of this article is the regulation and the construction of insider trading as crime. Trading on inside information is not something new, but the dramatization and the attempt to regulate these acts by penal law are of quite recent date. This article tries to examine the simple question of why there has been such activity in this field the last 20–30 years and the goals of this regulation. The article points out the need for building trust in the financial markets, even if it might be illusory, especially when these markets have been opened for the money of ‘ordinary citizens’. It also stresses the importance of creating a ‘moral map’ in order to establish clearer lines between right and wrong in the rather blurry world of financial markets.     

Detecting Spatial Movement of Intra-Region Crime Patterns Over Time

Many of the traditional measures of the degree to which crime patterns change over space and time have limitations. In particular most are unable to determine any change in spatial crime pattern within an areal unit. Usually studies measure the change in crime levels in contiguous areas (expressed as discrete sub-divisions of a study area), but this can become problematic due to difficulties such as the Modifiable Areal Unit Problem (MAUP). This paper describes a technique developed to allow researchers to examine intra-study region changes in crime patterns between two time periods without the need to aggregate crime counts to within-city areal boundaries. The method presented uses a random point nearest neighbor test combined with a Monte Carlo simulation. The process resolves problems of patterning and the MAUP that are common with a number of spatial displacement and pattern movement studies. This technique is demonstrated with example data from a city-wide police burglary crackdown in the Australian capital.     

Organised Crime in East Central Europe: The Czech Republic,Hungary and Poland

Recent developments in East Central Europe have made countries in the region increasingly attractive to organised crime. The development of organised crime in ECE is seen as a significant problem with global implications. The roots of organised crime in ECE date back to the 1970s, but conditions after the revolutions of 1989 led to an influx of foreign-based gangs into the region. This has resulted in the emergence of organised crime that is predominantly international in character. Gangs have established strategic alliances to organise operations spanning three continents. The countries of ECE have been fighting back against organised crime and significant advances have been made. Continued criminal operations through the region, however, are perceived as a threat on a global scale. The accession of the Czech republic, Hungary and Poland into the EU in May 2004 will provide a clear litmus test for how successful these attempts have been to date.     

论共同犯罪与犯罪构成

犯罪构成作为划分罪与非罪的根本标准,适用于一切犯罪行为。共同犯罪作为犯罪的一种特殊形态,在犯罪构成上具有自己的特性,表现为修正的犯罪构成。共同犯罪理论只有以犯罪构成理论为基础,以共同犯罪的修正的犯罪构成,来认识和理解共同犯罪,才能为共犯的定罪量刑提供科学根据。     

The idea of a Southern Criminology

Southern Criminology is a theoretical perspective that shifts the focus from the state criminal justice process to global inequalities, transnational crime, and postcolonial politics. While recognising the importance of this shift in perspective for a globalising world, this paper asks two difficult questions. Firstly, how easy is it to generalise about whole regions of the world in advancing a political viewpoint? Secondly, is it possible for those in the West to imagine an alternative global criminology, if non-Western societies really do have different cultural values and epistemologies? For example, how should we respond to traditional practices among Indigenous Australians or a Confucian understanding of crime? These questions may make a Southern Criminology sound impossible in the same way as other varieties of critical theory. But this paper is intended to strengthen this emerging movement by acknowledging, and working through, potential difficulties.     

Cyrille Fijnaut: a pioneer from the low countries

ABSTRACT

Inspired by American pioneers in the field of police research like Jerome Skolnick, Cyrille Fijnaut resigned in 1969 as a police lieutenant from the police force in the city of Tilburg, the Netherlands in order to create the opportunity to study criminology and philosophy at the KU Leuven in Belgium. At the same university, he wrote in the years 1974–1978 his Ph.D. dissertation on the political history of policing in Europe since the Napoleonic Era. This thesis became the starting point of a rich career as a professor of criminology and criminal law at the Erasmus University Rotterdam, the KU Leuven, Tilburg University and NYU Law School (Global Law School Programme). Over the years, he became an internationally renowned expert in the fields of police and judicial cooperation, organized crime and terrorism, and the transatlantic history of criminology and the criminal justice system. In these and other fields he wrote some 50 books and edited some 50 volumes, and published more than 400 articles in academic and professional journals. In addition, he was one of the founding fathers of the Belgian journal of criminology and criminal law Panopticon and the European Journal of Crime, Criminal Law and Criminal Justice. He also served as an expert in some of Dutch and Belgian committees of inquiry, e.g. the committee that investigated the safety and security problems of Pim Fortuyn, the Dutch politician who was killed in May 2002. The Dutch government rewarded him with a Knighthood in the Order of the Dutch Lion, and the Belgian government appointed him Commandeur in the Crown Order.     

Changes in fertility and mortality around the abolition of slavery in Suriname

In several studies it has been argued that with the abolition of slavery it is impossible to calculate fertility and mortality rates of former slaves and their descendants. The freedmen left the plantations and disappeared from quantitative history. Contrary to this widely held opinion this article aims to expand our knowledge about events of life and death of (former) slaves and their direct descendants around 1863 in Suriname. Birth and death rates of sugar slaves in the last decade before the emancipation (1851–1863) are calculated and compared with the period of indentured labour (1864–1873). Mortality rates among freedmen of the sugar estates Breukelerwaard, Fairfield, Cannewapibo and La Jalousie went up after 1863. It is also demonstrated that child mortality was increasing after the abolition of slavery, indicating deteriorated conditions of daily life. There is also broad evidence of higher fertility rates among former female sugar slaves.     

Forensic psychiatry and the birth of the criminal insane asylum in modern Italy

This paper focuses on the creation of the criminal insane asylum in Italy between unification in 1861 and World War I. The establishment of criminal insane asylums was a triumph of the positivist criminology of Cesare Lombroso, who advocated for an institution to intern insane criminals in his classic work, Criminal Man (1876). As a context for the analysis of the birth of the criminal insane asylum in Italy, this essay also outlines the history of the insanity plea in Italian criminal law and the young discipline of psychiatry during the fifty years after Italian unification.     

美国内战前联邦制因素对奴隶制相关案件的影响

黑人奴隶制问题一直是美国历史上一个非常复杂的问题。内战前,联邦制原则和奴隶制问题纠合在一起,使这个问题越发复杂,在宪法法理学方面引发了很多争论。本文考察了1787年宪法中关于奴隶制的相关规定,指出宪法语言具有模糊性,最高法院法官的解释才能赋予这些法律条文真正的意义,最高法院的判例原则遂成为重要的法律原则。本文分析了内战之前的几个涉及奴隶制的重要案例,探讨这些案例形成的法律原则以及最高法院法官对联邦和州的不同态度。     

金融领域的原则性监管方式

后金融危机时代,各国监管当局都面临着如何实现有效监管的挑战,金融监管方式作为提升金融监管质量的重要组成部分,对其进行相关的研究非常必要。近年来,与传统规则性监管方式相对应的原则性监管方式日益受到金融监管当局和学界的关注。文章基于对国外原则性监管理论和实践的分析,并结合我国金融市场环境,提出原则性监管尽管存在诸多问题,但是作为一种公私融合的监管治理方式,其在监管规范的制定、监管执行、监管文化重塑等三个层面上仍值得我国的金融监管当局吸收与借鉴。     

Sketching and validating the location-based services (LBS) regulatory framework in Australia

Location-based services (LBS) are defined as those applications that combine the location of a mobile device associated with a given entity (individual or object) together with contextual information to offer a value-added service. LBS solutions are being deployed globally, and in some markets like Australia, without appropriate regulatory provisions in place. Recent debates in Australia have addressed the need to bridge the gap between technological developments and legal/regulatory provisions. This requires an assessment of the regulatory environment within a given social context such as Australia. The core components of such an investigation include: (a) composing a conceptual framework for analysing regulation of technologies such as LBS, one that is sensitive to public policy themes and challenges, and (b) applying this conceptual framework to the Australian setting in order to sketch and define the components of the present framework, and identify areas for improvement through a process of validation. This paper addresses these aims, demonstrating how the current regulatory framework in Australia is bound by legislation with respect to privacy, telecommunications, surveillance, and national security (that is, anti-terrorism), in addition to a set of industry guidelines for location-service providers (LSPs). The existing Australian framework, however, is lacking in its coverage and treatment of LBS and location data, and does not adequately address the themes and challenges in the defined conceptual framework.     

Crime and Reactions to Crime in Scandinavia

This short overview of available statistical data on crime and penal systems in Scandinavia indicates that the level of traditional forms of crime in Scandinavia is on a par with or lower than that found in many other European countries. As elsewhere in western Europe, Scandinavia experienced a substantial increase in crime rates during the post‐war period—indicating that these recorded increases may have common structural roots. The 1990s witnessed a stabilization of theft rates, albeit at a high level. Increasing equality between women and men may have contributed to an increase in the reporting of violent and sexual offences against women (and children), making these offences more visible. The system of formal control in the Scandinavian countries is characterized by relatively low police density; a clear‐up rate that has declined; above‐average conviction rates; the imposition of fines in a high proportion of criminal cases; and relatively low prison populations. The implications for crime policies are discussed.