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1.
Homicide as a form of lethal violence has occupied a dominant place in criminological research over several decades. Researchers have explained the causes of homicide from various theoretical frameworks. Two other forms of lethal violence, namely suicide and motor vehicle fatalities, have been largely ignored. This study explores the trends in three forms of violent deaths namely, homicide, suicide, and motor vehicle fatalities in Phoenix, Arizona for the period 1950–1988. These three forms of violence have been tested from two dominant theoretical perspectives, namely social disorganization and social conflict. The findings from our study suggest that the social conditions which influence homicide are the same as those that influence other forms of lethal violence.  相似文献   

2.
The construct of legal cynicism is gaining currency in the United States and other western developed countries in explaining why people break the law. This construct is viable in societies with strong economies and mature political and criminal justice institutions. This paper asks whether the construct of legal cynicism is applicable in societies with differing economic, political and social conditions. Specifically, the paper investigates whether legal cynicism can explain the delinquent behaviors of youths in the Philippines. Despite diligent efforts to duplicate the measures of legal cynicism, the paper finds that this construct is a weak predictor of youth delinquent behaviors. This contradictory finding is explained by looking at the historical and sociopolitical conditions of the country.  相似文献   

3.
This study compares two groups of women in South Korea: one group incarcerated for the deaths of their male partners and the other staying in a shelter for battered women. The analysis serves to answer two questions: First, are the findings regarding women who kill their intimate partners in Western societies generally applicable to their counterparts in South Korea? Second, how are abused South Korean women who resort to lethal violence against their abusers different from those who do not? Regarding both abused and nonabused women incarcerated for criminal homicide against their partners, results indicate that they have less experience of psychological and physical abuse by their partners and that they are less educated, underemployed, and more supportive of traditional patriarchal norms than are the women who utilize domestic violence shelters. This research explores implications for intervention strategies to encourage abused women to seek help from legal and extralegal sources.  相似文献   

4.
《Justice Quarterly》2012,29(3):423-461

This study examines historical trends in the relationship between homicide and suicide rates and considers the extent to which gender differences exist in that relationship. From the perspective of the integrated homicide-suicide theory, gender differences in the homicidesuicide relationship stem from differences in the manner in which males and females attribute blame and responsibility for negative life events. Consistent with expectations, the data indicate that females engage in less homicide but in more suicide than males. Seemingly unrelated regression techniques were used to further examine gender differences in the relationship between homicide and suicide rates by analyzing U.S. data for 1960 through 2000. The results indicate more gender similarities than differences in that temporal trends in the production and direction of lethal violence for both males and females tend to be associated with similar social and economic factors.  相似文献   

5.
《Justice Quarterly》2012,29(1):169-193
The current study tests the stream analogy of lethal violence, proposed by Unnithan et al. on a large sample of 124 nations. Spatial econometric regression models confirm that economic development decreases homicide rate and increases suicide–homicide ratio (SHR). The SHR developed by Unnithan et al. accounts for the impact of economic development better than original measure of suicide rate. The most important finding of the current investigation is that the increase in the population size of the elderly, consequent to economic development, is partially responsible for elevated suicide rates and SHRs.  相似文献   

6.
Prior event-based research regarding the relationship between alcohol and violence suffers from important limitations, including the absence of a comparison group, an inappropriate comparison group, or a comparison group that could be considered appropriate but does not control for potential confounders. To overcome such limitations, we use a matched pair design. Drawing on interviews with men imprisoned for an aggravated assault or homicide committed in response to a conflict with another man, we examine matched pairs of violent and nonviolent conflicts nested within respondents. The results suggest that guns mediate the relationship between alcohol and lethal male-male violence.  相似文献   

7.
Social Justice Research - Intergroup relations in settler societies have been defined by historical conflict over territorial ownership between indigenous peoples and settler majorities. However,...  相似文献   

8.
我国现行法律解释与法治观念的冲突   总被引:1,自引:0,他引:1  
我国现行法律解释对于正确实施法律和弥补立法粗疏等方面起到了积极作用,但是由于复杂的历史和现实原因,现行法律解释在制度和观念等方面均与法治存在冲突。这些冲突主要表现在法律解释的法律依据的规范性程度差;在法律解释主体方面存在立法解释和检察解释,行政解释权过大等。  相似文献   

9.
This paper aims to describe an existing legal practice of contractual interpretation in Estonian legal order. In order to investigate the semiotic essence of contractual interpretation and its limits, this paper narrows its focus on a notion “conflict of laws” (as developed by Roberta Kevelson). By conflict of law is meant a depiction of incompatibility or conflict of co-existing legal practices, the conflict, which is both internal and external to Estonian legal system. From the inner perspective of Estonian legal order, the conflict of law is subsequently reduced to the conflict in law, and being analyzed on the grounds of contract law, the conflict of legal rules, in fact becomes a issue of contractual interpretation. It is claimed in this paper that there has been a fundamental incompatibility between objective and subjective approaches to interpretation of contracts. As later as 19th century, with the development of systematic legal science, an apparent confusion of objective and subjective approaches was becoming transformed into an open and growing system of law, based on a fusion of both methods. This paper lays theoretical grounds for a practical test, which could measure the exact level of legal integrity between different elements of legal system.  相似文献   

10.
In the United States, studies of maternal infanticide (and female violent behavior in general) have been rare. Children represent about 35% of female perpetrated homicide victims and there is reason to believe that this number may be significantly higher based on estimates concerning SIDS deaths. Infants face a homicide rate approximately four times higher than that of the general population in much of the industrialized world. Infanticide has historically been relegated to the legal category of homicide in the U.S. This is significantly different than in most industrialized countries. This article argues that the lack of specific public, legal, and medical policy in the United States concerning infanticide results in random inequity of charges, dispositions, sanctions, and treatment of offenders. This situation is unnecessary as demonstrated by British and European legal systems, and is in direct opposition to the policy of minimizing disparity.  相似文献   

11.
A study of a population of 36 females arrested for homicide in a southern, nonurban city from 1975 to 1992 was conducted using both qualitative and quantitative data. The study explored the demographic, social, legal, and offense characteristics of female homicide offenders as well as events leading to the murder. The profile of female homicide offenders in a southern, non-urban setting that emerged from this study is supportive of earlier studies focusing on female homicide offenders in large urban areas.  相似文献   

12.
This study examines the effects of victim provocation on judgments of the legal responsibility for a homicide. Previous research and various legal rulings suggest that victim provocation is related to judicial decision-making. However, the magnitude of this relationship has not been assessed.Using a quasi-experimental procedure in which subjects read a case account of a homicide, this study indicates that as victim provocation increases, the level of legal responsibility and the years of imprisonment attributed to the offender decreases. The paper concludes with suggestions for future research in actual judicial decision-making, victim precipitation, and applying an attributional framework to these areas.  相似文献   

13.
Each year millions of Americans become victims of predatory crimes. The way victims respond to these attacks varies from complicance with offenders' requests to physically challenging offenders. In some cases, the physical defense of self and property has lethal consequences for the initial offender. While much is known about felony murder victims and typical homicide offenders, little is known about individuals who fight back against predatory attack by using lethal violence. In this paper, we use data from the Homicides in Chicago, 1965–1995 study to describe the characteristics of defensive homicide offenders and to determine how they compare with felony murder victims and defensive homicide offenders. Our results indicate that defensive homicide offenders are more similar to typical homicide offenders than felony murder victims, and are even more likely to have violent criminal histories and to use firearms than typical homicide offenders. Our results challenge the common perception that individuals who fight back against predatory attack are simply “law-abiding citizens.” We conclude the paper with a discussion of the implications of our study for additional research and police practice. Authors' Note: The authors thank editor Dennis Stevens and James Black for their helpful comments on earlier draft of the paper.  相似文献   

14.
In the 14-year period from 1976 to 1989, there have been 174 homicide victims in the Auckland colonial area. Data accessed from autopsy and police reports show that victims of marital conflict, family dispute, and arguments developing between nonmarried couples made up the largest proportion of homicide cases. Stabbing and assault with a blunt weapon were the most common causes of death. The data also show that homicide is relatively uncommon in Auckland in comparison with other cities of similar size.  相似文献   

15.
人类早期的法律最能体现民族的本性,也最能揭示其法律传统的特色。通过对盎格鲁—撒克逊时代杀人和伤害行为法律规制的考察,兼与历史发展同期的中国法相对照,我们发现,盎格鲁—撒克逊社会主要认可民间解决问题的方法,肯定"私力救济",反映了当时英格兰国家权力因素还没有占据了绝对上峰,社会成员享有较多的"个人自治"空间。中国采取的是自上而下命令式的解决途径,明显带有压迫性,从而扼制了人民权利与自由意识的发展。  相似文献   

16.
Political legitimacy, or a state's “right to rule,” has been a concern for philosophers, political scientists, and sociologists for centuries. This paper examines the relationship between European states' level of political legitimacy and violence, as represented by their homicide rate. It is theorized that political illegitimacy affects homicide through deteriorating social institutions of control, violating the rules of reciprocity between the state and citizens, and/or creating an environment of “virtual statelessness” that encourages methods of “self-help.” Focusing on the modernized societies of Europe, where legitimacy may be more important to maintaining order, the present study reveals two important findings: political legitimate states have significantly lower levels of homicide, and high and low homicide rates in Europe are significantly clustered among post-Soviet states (high) and Western Europe (low).  相似文献   

17.
The far‐reaching devastation created by contemporary armed conflict puts children and families at risk. The goal of this article is to describe current research on the effects of armed conflict and political violence on families and youth with a focus on the roles of emotional insecurity and narratives of conflict that can persist long after the end of conflict. We describe how identity processes that are at the heart of many intergroup conflicts of the 20th and 21st centuries are linked with emotional insecurity and the historical and personal narratives of youth in these contexts. We conclude with general considerations for legal, medical, and mental health practitioners working with families who have experienced armed conflict.  相似文献   

18.
Kingpin strategies— the targeting of the top-levels of terrorist or drug trafficking organization hierarchies— has become a centerpiece of US and Mexican efforts to combat drug trafficking. This study addresses the unintended consequences of these strategies by assessing the impact of the arrest or deaths of Arellano Felix Organization leaders on kidnap and homicide levels from the late 1990’s to 2011. Based on the study, the arrest of important AFO “lieutenants” increased kidnap rates. Arrests or the deaths of organization “kingpins” did not result in increased homicides or kidnappings, if respected successors were ready to fill leadership vacuums. When leadership succession was in question, the arrest of “kingpins” did result in internecine conflict and thus increased homicide and kidnapping rates. Following internecine conflict, kidnap and homicide rates dropped, but not to pre-conflict levels. This is likely attributable to the use of kidnapping and homicide as a dispute resolution mechanism in the growing Tijuana consumer drug market.  相似文献   

19.
This study explores 63 homicide–suicide cases that include two or more homicide victims, in the People’s Republic of China. This is the first study to examine homicide–suicide in the Chinese context, following calls to develop a research strategy outside of the USA and Europe. Data are derived from a content analysis of Chinese news sources from 2000 to 2014. Findings show homicide–suicide offenders are likely to be married males living in rural cities who kill their intimate partners and/or children inside a residence using knives. Intimate partner conflict and extramarital affairs are precipitating factors in almost half of the incidents. Patterns of homicide–suicide in China are comparable to those in high-income countries, except that firearms are not the primary means in China and there is no evidence of “mercy killing” among older persons, as described in western homicide–suicide studies. Findings are related to the social and economic structure of Chinese society. Clinical and policy implications include the need for greater transparency and a nationwide homicide and suicide tracking system in China, stricter domestic violence laws, postmortem studies of the brains of homicide–suicide offenders, and psychological autopsies on homicide–suicide perpetrators.  相似文献   

20.
赵明 《法学研究》2022,44(1):3-21
回顾中国现代法学的世纪历程,中华法系的历史叙事主要在进化论、民族论和法治论三种语境中展开。不同语境中的法史学者,通过将中华法系与其他法系相比较,揭示出了彼此有别的中华法系之历史面貌。在进化论语境中,中华法系因其古.老而落后,丧失了型构现实生活秩序的生命力,需整体性地予以批判和否定。在民族论语境中,中华法系因其系统性、连续性和民族性而独具特色,整理、发掘、重述其历史谱系,既有助于增强民族文化自信力,也为重建“新中华法系”提供了重要的精神前提。在法治论语境中,中华法系以其“治乱之道”和“良法善治”的血缘伦理身份内涵表明,在前现代社会中法律不可能获得型构社会生活秩序的权威地位。法制现代化是不同语境下中华法系之历史叙事的共同追求,中华法系研究的百年学术史,实质上是一部追求法治文明的中国现代精神史。  相似文献   

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