刑法上关涉的因果关系的必然性与偶然性问题之消解

归责的事实基础是多元的,除了动力因与结果之间的狭义因果关系,还包括条件—结果关系和根据—结果关系.动力因与结果之间的狭义因果关系与形而上学因果关系不是简单的特殊与一般之关系,并非均具必然性,还可以是盖然性的联系,以因果性作用为中介的条件—结果关系和根据—结果关系更是如此,因此就归责的事实基础讨论广义因果关系的必然性与偶然性问题于逻辑不合.作为外部事实的行为与结果之间广义因果关系的必然性与偶然性不是具有普遍意义的问题,为归责只须问某一结果是法理上必然的结果还是偶然的结果.法理上的必然结果与偶然结果相关于行为人的认识与意志而言,就结果是否以行为人的意志为根据而论.     

The crime control industry and the management of the surplus population

This essay examines what we are calling the ‘crime control industry’ and how the growth of such an industry relates to growing inequality and the need to ‘manage’ or ‘contain’ the ‘surplus population.’ Profits are a major moving force in this process, rather than the goal of reducing crime and suffering. An important component of this industry is the ‘prison industrial complex,’ one of the fastest growing industries in the U.S. Also included is a rapidly growing private security industry that includes private police and security guards, along with a growing supply of technology to aid in the ‘war on crime.’ Other components include drug testing companies, gated communities, and a booming gun industry. We conclude by outlining possible explanations for the growth of this industry.     

From research to policy: Preventing residential burglary through a systems approach

This paper isolates crime prevention policy implications which stem from a series of interrelated environmental studies of residential burglaries. A number of crime prevention strategies are developed using a systems approach. It is argued that changes made to the environments of individuals, groups, communities, organizations, and society can achieve lower risks of residential burglary victimization.     

Crime control through saturated community policing: A corporate policing model

Police officers in Western countries do not run day‐to‐day security operations in private companies and corporations. In contrast, Chinese police are directly involved in corporate security management. Responding to the criticisms that comparative studies in the West have overemphasized general and macro‐sociological analyses, this paper will introduce a specific Chinese corporate policing model based on the researcher's two‐month field research recently. The corporation under study is managed through a score keeping system, where security scores are concretely established, and a comprehensive approach is utilized which embodies the use of technical, formal, administrative, educational, and community control measures.     

中国汉族人mtDNA控制区异质性遗传规律

目的探讨中国汉族人mtDNA控制区异质性分布情况和遗传规律。方法将人mtDNA控制区扩增成6个部分互相重叠的片段,利用已建立的DHPLC技术分析其异质性规律。结果对150例汉族无关个体的多种组织检测,发现异质性个体的发生率达34%(51/150);个体的组织mtDNA异质性检出率最高为脑(50/150)、心肌(48/150)、最低为骨骼(22/150);本组共发现mtDNA控制区异质性位点有36个;同一个体可有多个异质性位点,最多的不超过3个;未发现异质性发生率有性别差异;超过41岁的高年龄组的异质性发生率(27/59)高于低年龄组(24/91);同一个体在2年前后取的血样,异质性检测结果一致;同一母系不同成员的异质性位点相同,但异质性mtDNA的含量有差异。结论DHPLC检测mtDNA控制区异质性具有高分辩力;mtDNA控制区异质性在中国汉族人中广泛存在;上述结果可作为mtDNA控制区多态性作个人认定和亲权鉴定的指导性资料。     

Maintaining racial inequality through crime control: mass incarceration and residential segregation

The use of the prison system to incarcerate has been one of the state’s primary control mechanisms since the early 1970s, immediately following many civil rights changes. A system of mass incarceration has entailed wide and continuous racial disparities which maintain inequality across social institutions, such as the economy and political participation – the institutions in which the civil rights movement sought to secure equality. This analysis examines the association between disparate crime control and racial residential segregation, another major social institution targeted by the civil rights movement. Links to theoretical discussions on racial formation, law and crime control, and residential segregation to advance our understanding of inequalities and the reciprocal relationships between these institutionalized processes are presented.     

Finding hidden value through mixed-methodology: Lessons From the Discovery Program’s Holistic Approach to Truancy Abatement

Policy makers often bemoan the shortcomings and inefficiency of youth development and similar social work programs whose effectiveness cannot be demonstrated by quantifiable performance indicators. This study argues, through illustration of the Odyssey Learning Center’s Discovery Program (an alternative school serving rural Southern youth in an abject poverty context), that program value can only be evidenced through a mixed-methodological evaluation design. Reasons precluding traditional statistical analysis and effectiveness determinations are discussed and alternative conceptualizations of program value are considered. This research was funded from Federal Grant Number 2002-JE-FX-0034 from the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention through the South Carolina Department of Public Safety, Office of Justice Programs. Points of view or opinions stated are those of the researchers and do not necessarily represent the opinion or official position of the United States Department of Justice or the South Carolina Department of Public Safety.