Aggregation,ratio variables,and measurement problems in criminological research

Issues of measurement error, level of aggregation, and ratio variables have been considered serious problems in criminological research. Although there have been many recent discussions of these issues in sociology and criminology, studies designed to assess the impact of these problems on the results of empirical research have, for the most part, been absent. After reviewing what is known theoretically and conceptually about these issues, an investigation which compares empirical analyses of a particular type of crime, homicide, that use different measurement strategies, different levels of aggregation, and ratio versus nonratio variables is presented. Utilizing homicide data from the mid-1970s and selected independent variables, the results of this investigation indicate that these three problems can interact in an empirical setting such that potential solutions to these problems do not always apply in the manner suggested in previous studies. The results also indicate that there is great risk in ignoring one or more of these problems in empirical research, in that different substantive conclusions can be reached from analyses that ignore these issues compared with analyses that deal directly with them.     

Broadcasting Badness: Violence,Identity, and Performance in the Online Gang Rap Scene

This study contributes to an emerging literature both detailing Internet usage among street gangs and gang members and exploring how street life is presented in underground rap music. We present a content and cultural analysis of 78 rap videos posted on YouTube by gang members in Buffalo, New York, between 2009 and the first few months of 2015. Violence was the most dominant and consistent theme in the videos. We find that online space operates like a virtual street corner enabling individuals and groups to perform social and collective gang identities that emphasize and exaggerate their capacities for lethal violence. Online gang rap videos use violent imagery, revisit violent events, and reference gang conflicts to enhance both gang myth-making and social or collective identity development.     

Systemic error: measuring gender in criminological research

This study examines how sex and gender are measured and operationalized in studies on criminology and criminal justice (CCJ) through content analysis of peer-reviewed journals. Despite that they are distinct and not always parallel, the terms sex and gender are often used interchangeably in CCJ research. Moreover, despite increasing recognition that gender-responsive practices are important at every stage of the criminal justice process, gender is almost exclusively measured as a male-female binary, miscategorizing and failing to properly account for those who do not fit in one of those gender identities. There are important implications for the safety of such individuals, as both victims and offenders throughout the criminal justice process, therefore it is essential that we more accurately measure gender in this field. Recommendations for improvement are addressed.     

Unveiling White logic in criminological research: an intertextual analysis

Critical race scholars have called into question the objective neutrality upon which much positivist social science rests, arguing that it discursively masks how whiteness underpins the normative purview of research design and findings. As the scholarly securing of whiteness takes shape through explicit and discursive mechanisms, this article examines how it is manifest in criminological research through an intertextual analysis of contemporary peer-reviewed scholarship. Examining 558 articles in five recognized journals, this paper documents how blind spots towards race and racial stratification surface in criminological research, arguing that most of the articles analyzed do not simply ignore White privilege; they actively uphold it. Findings suggest that they do so through two means: first by whitewashing race, that is, disregarding how race and racism can differentially affect acts and trends of crime and deviance, and secondly, by narrowly representing race as merely explanatory variable without querying the broader power relations it marks. After discussing how these patterns reveal and uphold whiteness as a normative value, we conclude with a discussion of preliminary steps aimed at exposing and unpacking how White logic informs the field.     

Dilemmas and consequences of prior criminal record: a criminological perspective from England and Wales

This article considers the contemporary architecture of criminal record usage in England and Wales. We focus upon impact on ‘employment status’, partly because work is often now seen as key to good health and other self-esteem indicators in the modern world. First, we examine in the context of England and Wales, (a) the development of the contemporary criminal record system and extent of availability of prior record information in terms of employment (and other licensing purposes) and (b) the factors that helped shape the current architecture. Second, this article outlines what is known from the British criminological literature on employment and conviction records and what more is needed in terms of criminological research. Finally, we consider how convictions become ‘spent’ – in particular the English approach to ‘expungement’/sealing of the criminal record according to the 1974 Rehabilitation of Offenders legislation.     

False confessions: The relative importance of psychological,criminological and substance abuse variables

Abstract

The aim of the study was to investigate the relative importance of psychological, criminological, and substance abuse variables in differentiating between alleged false confessors and other prison inmates. The participants were 509 inmates newly admitted to all Icelandic prisons over a four-year period. Sixty-two (12%) of the inmates claimed to have made a false confession to the police sometime in the past. A discriminant function analysis was used to identify the variables that best discriminated between the alleged false confessors and the other prison inmates. Out of 17 psychological variables and 16 criminological and substance abuse variables, two variables (number of previous imprisonments and the score on the Gough Socialisation Scale) correctly classified 93% of the non-false confessors and 32.3% of the alleged false confessors, with a total classification rate of 82.7%. The findings suggest that among Icelandic prison inmates, antisocial personality characteristics and the extent and severity of criminal behaviour, as judged by number of previous imprisonments, are the best predictors of offenders claiming to have made a false confession to the police. The implication is that among some prison inmates, making a false confession is a part of their criminal life style.     

Instrumental variables methods in experimental criminological research: what, why and how

Quantitative criminology focuses on straightforward causal questions that are ideally addressed with randomized experiments. In practice, however, traditional randomized trials are difficult to implement in the untidy world of criminal justice. Even when randomized trials are implemented, not everyone is treated as intended and some control subjects may obtain experimental services. Treatments may also be more complicated than a simple yes/no coding can capture. This paper argues that the instrumental variables methods (IV) used by economists to solve omitted variables bias problems in observational studies also solve the major statistical problems that arise in imperfect criminological experiments. In general, IV methods estimate causal effects on subjects who comply with a randomly assigned treatment. The use of IV in criminology is illustrated through a re-analysis of the Minneapolis domestic violence experiment. The results point to substantial selection bias in estimates using treatment delivered as the causal variable, and IV estimation generates deterrent effects of arrest that are about one-third larger than the corresponding intention-to-treat effects.     

Latent-variable models in criminological research: Applications and a generalization of Joreskog's LISREL model

This paper examines issues in LISREL models involving latent, or unobserved, variables. We discuss estimating parameters in multiple-indicator models, various approaches to assessing goodness of fit, different types of linear measurement models, using LISREL to correct for attenuation in models involving single indicators with known reliabilities, and estimating parameters in structural equation models involving latent exogenous and endogenous variables. Finally, we present a generalization of the standard LISREL model which explicitly identifies implicit constraints on parameters in the standard LISREL model. We argue that the generalization can accommodate a wider range of models and provide additional diagnostic information on some assumptions in the standard LISREL model. By example, we show how the more general model can be estimated using Joreskog's LISREL program.     

龙勃罗梭在中国——一个犯罪学史的考察

龙勃罗梭及其学说在中国之命运变迁,是中国犯罪学发展历程的一个缩影.中国犯罪学以译介龙勃罗梭著作和理论为开端,其夭折也以批判和否定龙勃罗梭及其学说为先导,而其再生与发展同样是以对龙勃罗梭的肯定和客观评价为重要标志.因为龙勃罗梭,犯罪学始成为科学.遗憾的是尽管龙勃罗梭的学说传入中国已逾百年,但是当代中国犯罪学总体仍然处于形...     

中国犯罪记录制度的体系化构建——当前司法改革中裁判文书网络公开的忧思

刑事裁判文书公开经历了从不公开到有限公开再到当前的全面实名网络公开三个阶段,成为近期司法改革的重点和标志。犯罪人的身份信息兼具公共属性和私权性质,而当前司法改革未能准确把握其法律性质和法律评价,在制度设计时,忽视了对犯罪人隐私权的保护,混淆了规范性评价和非规范性评价各自的特征和功能,使刑事裁判文书公开的正当性出现了欠缺,不仅削弱了刑事裁判文书公开应有的促进司法完善的效果,而且成为未来的中国犯罪记录制度建构的重大阻碍,成为刑事法治完善进程中的不和谐因素。尽快对当前刑事裁判文书网络化公开的改革举措进行调整,在公布的刑事裁判文书中隐匿犯罪人的姓名,并以此为契机,推动中国犯罪记录制度的建构,是未来司法改革完善的重要工作。     

Gender differences in violent offending: results from a multicentre comparison study in Dutch forensic psychiatry

ABSTRACT

The past two decades, a disproportionate growth of females entering the criminal justice system and forensic mental health services has been observed worldwide. However, there is a lack of knowledge on the background of women who are convicted for violent offenses. What is their criminal history, what are their motives for offending and in which way do they differ from men convicted for violent offenses? In this study, criminal histories and the offenses for which they were admitted to forensic care were analyzed of 218 women and 218 men who have been treated between 1984 and 2014 with a mandatory treatment order in one of four Dutch forensic psychiatric settings admitting both men and women. It is concluded that there are important differences in violent offending between male and female patients. Most importantly, female violence was more often directed towards their close environment, like their children, and driven by relational frustration. Furthermore, female patients received lower punishments compared to male patients and were more often considered to be diminished accountable for their offenses due to a mental illness.     

Reactions to Mandatory Sentences in Relation to the Ethnic Identity and Criminal History of the Offender

This study investigated the responses of 181 participants (87 men, 94 women), from Adelaide, South Australia, to scenarios describing mandatory sentences for perpetrators of a property offense committed in the Northern Territory, Australia. Four scenarios that were randomly distributed varied ethnic identity (White Australian, Aboriginal Australian) and criminal history (first-time offender, third-time offender). Participants completed attitude measures for both mandatory sentencing and capital punishment, a right-wing authoritarianism scale, and a scale concerned with sentencing goals (retribution, deterrence, protection of society, and rehabilitation). Results showed strong effects of attitude toward mandatory sentencing on scenario responses for variables such as perceived responsibility, deservingness, leniency, seriousness, anger and pleasure, and weaker effects of ethnic identity and criminal history. Participants were generally more sympathetic when the offender was an Aboriginal Australian. Results of a multiple regression analysis showed that attitude toward mandatory sentence was predicted by right-wing authoritarianism and by sentencing goals relating to deterrence and the protection of society.     

Forensic psychiatric experiences,stigma, and self-concept: a mixed-methods study

This study used a mixed-methods approach to investigate stigma experiences and self-concepts of individuals with both mental illness and criminal histories. The full sample of participants completed self-report measures of self-concept related to mental illness, race, and criminal history, and a brief qualitative self-concept measure. A subsample of participants completed semi-structured interviews, which were analyzed for content domains. Analyses suggested that several aspects of self-concept related to responses on stigma measures. Participants who identified their own styles of acting, feeling, and thinking tended to exhibit less mental illness self-stigma. Qualitative interview findings suggested that the majority of participants described stigma experiences related to mental illness, race, and criminal history, and these stigmatized identities negatively influenced one another. Conclusions review how stigmatized identities can intersect in powerful ways for individuals with mental illness and histories of criminal offending, and discuss implications for future research and clinical practice.     

英国的讯问同步录音录像制度及对我国的启示

我国司法实践部门正在逐步推行讯问同步录音录像制度,《刑事诉讼法(修正草案)》也规定讯问严重案件犯罪嫌疑人应当同步录音录像。作为讯问同步录音录像制度的发源国,英国经过长达20多年的论争和反复试验,最终才于1988年建立了讯问录音制度。2002年,英国又通过《警察与刑事证据法守则F》建立了讯问录像制度。《警察与刑事证据法守则F》根据讯问录像制度的运作机理,确立了许多不同于讯问录音制度的规则和程序要求。英国建立讯问同步录音录像制度的经验给我国以下启示:建立和推行讯问录音录像制度必须获得侦查人员的支持;该制度预期功能的发挥要求建立严密的监督机制;应保障辩护方对录音录像有充分的程序参与权。     

Insurance fraud in Taiwan: Reflections on regulatory effort and criminological complexity

The nature and prevalence of insurance fraud has been studied only to a limited extent, even in the USA and Europe. Nevertheless, national authorities have pressed ahead with various approaches to control such fraud. This paper briefly outlines the nature and difficulties around measurement of insurance fraud and reviews key international trends in the regulation of fraud. It then presents the findings of an empirical study of insurance fraud in Taiwan and recent proposals for anti-fraud control. It analyses these findings in the context of actual practices of insurance companies which give evidence to the idea that ‘moral hazard’ is embedded in the institutional arrangements, social relationships, and moral economies of private insurance.     

Missing gender in cases of infamous school violence: Investigating research and media explanations

The shootings at Columbine and Jonesboro, along with multiple shootings at five other schools, captured the nation's attention and received widespread media coverage. Utilizing a feminist perspective that addresses masculinity, we explore research and major newspaper coverage of infamous school violence to determine how extensively gender is considered as a contributing factor. Results indicate that data sources on violent deaths at school miss the gendered nature of the violence. Similarly, media coverage of the seven cases under study discount the role of masculinities, bullying, and male violence against girls and women, and few of the policy recommendations address these concerns. The relative absence of attention to the gendered nature of school violence encourages incomplete explanations and ineffective policies.     

国际刑事法院逮捕执行合作中的现实困境与出路

国际合作在逮捕执行中具有重要的意义,执行难已经成为实践常态。逮捕执行合作中的现实困境体现为政治因素和法律因素。前者主要包括国家不愿或不能执行、国际社会支持乏力等;后者主要有管辖权和可受理性、请求权竞合、管辖豁免等。对于政治因素,国际刑事法院要通过两个方面来缓解:一是要坚守法律底线,维护司法正义,赢得国际社会的尊重;二是要积极面对现实,开展外交活动,争取国际社会的支持。对于法律因素,国际刑事法院的应对策略是灵活运用法律,合理解释法律和适时修改法律。用发展的眼光看,逮捕执行合作的前景是乐观的。     

Moroccan adolescent suspect offenders in the Netherlands: ethnic differences in offender profiles

Ethnic minority youths are over-represented in the juvenile justice system in Western societies. However, research on the nature of crime committed by these youths is lacking. In the present study, offending patterns of incarcerated native Dutch adolescents and adolescents of Moroccan origin were compared. Criminal record data were used to examine the offence history of 291 incarcerated adolescents. Offender types were determined through latent class analysis. Adolescents of Moroccan origin were incarcerated more often, for more offences and at a younger age than native Dutch adolescents. A four-class model of offender types was found: property offenders, violent offenders, sexual offenders and arsonists. Property offenders were mainly Moroccan adolescents, the other offender types consisted predominantly of native Dutch adolescents. Moroccan adolescents in pre-trial arrest in the Netherlands can be characterized as early starting offenders who persist in being incarcerated for property-based crime.     

信息时代对刑法解释论的究问——ATM机盗窃案和“艳照门”事件引起的法律思考

信息时代背景下的ATM机盗窃案和“艳照门”事件凸显出高速发展的社会中司法解释与立法之间的紧张关系。在刑法解释论中，客观解释论居于优势地位。客观解释论是当代中国必然的选择。坚持客观解释论，不能超越法律文本的可能文义。     

Opening the Black Box of Officer Decision-Making: An Examination of Race,Criminal History,and Discretionary Searches

Recent evidence suggests that police officers engage in discretionary searches of minority citizens at a disproportionate rate; however, the impact of citizen criminal history on this relationship is largely unknown. Using the theoretical framework of officer suspicion, this study examines the impact of citizen race on the likelihood of a discretionary search and whether this relationship is mediated by citizen criminal history. A series of multilevel models were computed on officer-initiated traffic stops in a manner that conforms to Baron and Kenny's recommendations to test for mediation effects. Results indicated that while citizen race was predictive of a discretionary search, this effect was mediated by consideration of criminal history. These findings have implications for understanding the decision-making process of officers, the influence of citizen race on these decisions, and the role of officer suspicion in police-citizen encounters.