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1.
This article critically examines the rationales for the well-settled principle in sentencing law that an offender’s remorse
is to be treated as a mitigating factor. Four basic types of rationale are examined: remorse makes punishment redundant; offering
mitigation can induce remorse; remorse should be rewarded with mitigation; and remorse should be recognised by mitigation.
The first three rationales each suffer from certain weaknesses or limitations, and are argued to be not as persuasive as the
fourth. The article then considers, and rejects, two arguments against remorse as a mitigating factor in sentencing: that
the crime, not the offender, is the focus of punishment; and that the truly remorseful offender would not ask for mitigation.
The article concludes with a brief consideration of whether a lack of remorse should be an aggravating factor.
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2.
This article provides the background to an international project on use of force by the police that was carried out in seven
countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on
the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has
looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical
encounter developed for this project, researchers in each country conducted focus groups with police officers in which they
were encouraged to talk about the use of force. The results show interesting similarities and differences across countries
and demonstrate the value of using this kind of research focus and methodology.
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3.
This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela,
and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly
different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers
are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most
relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the
two Latin American countries represented here have a justified reputation for the frequency with which they shoot people,
whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether
these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions
were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one
of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing
their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different,
and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and
legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances
in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas
officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them
to be.
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4.
Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and
punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John
Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the
rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial
and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus,
that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its
current theoretical best.
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5.
Few criminal justice topics have garnered as much attention as capital punishment. This voluminous literature ranges from
constitutional and procedural issues to race issues and gender issues. While the intellectual and legal community has paid
a great deal of attention to the role of race in capital punishment, as well as the role of gender in capital punishment,
the extant literature is lacking with regard to African-American women and the death penalty. To be clear, the lack of literature
is not because there are no African-American women on death row. This article attempts to fill a void in the capital punishment
literature through a qualitative analysis that explores the lives and crimes of African-American women on death row.
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6.
With the economics of racism of the 1930s and 1950s American South in mind, our essay explores the relationship between the
act of writing and institutional penology. Taking an obscure, but visceral autobiographical account by Paterson and Conrad
( Scottsboro Boy, Garden City Doubleday, 1950), we examine how discipline, punishment, and institutional identity emerge out of publishing, or, as Foucault put it, “the
power of writing.” Narratives of delinquency born out of a racialized penal economy tend to resist attempts to tame the criminal,
making institutional survival a productive discourse, and its articulation, a unique revolutionary act.
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7.
The standard view of Kant’s retributivism, as well as its more recent reworking in the ‘limited’ or ‘partial’ retributivist
reading are, it is argued here, inadequate accounts of Kant on punishment. In the case of the former, the view is too limited
and superficial, and in the latter it is simply inaccurate as an interpretation of Kant. Instead, this paper argues that a
more sophisticated and accurate rendering of Kant on punishment can be obtained by looking to his construction of the concept
of justice. In so doing, not only is a superior account of Kant furnished, but also one up to the task of resolving the vexed
issue of justifying legal punishment.
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8.
After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice
in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed
by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links
social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked
to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity
and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We
conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural
transformation and violence against women.
This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some
of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance
provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments
and findings included in this article are those of the authors and do not represent the official position of the US Department
of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca.
All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been
changed to maintain confidentiality.
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9.
The negative adaptation hypothesis states that Black employees, but not White employees, have psychologically adapted to the
occurrence of interpersonal mistreatment in organizations because they experience more negative events across different domains
of social life than Whites. Consequently, Blacks react less strongly to the same level of actual interpersonal mistreatment
compared to Whites. The authors applied this prediction to the relationship between non-contingent punishment and organizational
citizenship behaviors (OCB). As expected, in a field study among 456 manufacturing plant workers, the relationship between
non-contingent punishment and supervisory-rated OCB was negative and significant for Whites, but not for Blacks. Implications
for the study of race, interpersonal mistreatment, and the perpetuation of racial inequalities in organizations are discussed.
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10.
This paper presents a study on the self-reported usage and attitudes toward corporal punishment (CP) by a four generation
sample of Jewish families in Jerusalem. The study included 655 participants: 200 adolescents, 208 young mothers, 199 old mothers,
and 48 grandmothers, and tested for inter-generational and familial role differences. Results have shown that participants’
attitudes toward CP correlates significantly with age group; however, it does not correlate with family role. Implications
of the results for practitioners who seek to reduce usage of CP are suggested.
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11.
A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment
by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its
desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient
seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in policy
is required. When disobedients and authorities target each other, their confrontation allows for a direct comparison of the
respective justifiability of their conduct. Their confrontation is explored in this paper with an eye to analysing how civil
disobedients and authorities should engage with each other.
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12.
Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if
the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only
a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers
escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets
in this paper are two recent attempts, by Thomas Hurka and Michael Cholbi respectively, to defend the view that ‘levelling
down’ (that is, reducing the punishment imposed on a criminal from the punishment he absolutely deserves to a less severe
punishment in order to achieve proportionality relative to the criminals who have escaped the punishment they absolutely deserve)
is, in the context of capital punishment, morally permissible. We argue that both Hurka and Cholbi fail to show why the arbitrariness
and discrimination objection impugns the death penalty.
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13.
The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been
few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample
of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research
based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published
since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have
been applied, identify the limitations of the research to date, and offer suggestions for future research.
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14.
The spectacular business scandals in recent years have led both the legislative and business companies to rethink and redesign
their strategies. This article analyzes the worldwide impact of reforms in economic crime legislation emanating from the USA.
Empirical data are reported showing that the US regulations are generating a spillover effect spreading beyond its sphere
of operation. It is particularly notable that international stock-exchange-listed companies are orienting themselves increasingly
toward the legal standards of the USA.
Translated from the German by Jonathan Harrow, Bielefeld.
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15.
Two different notions of justice might motivate people to demand punishment of an offender. The offense could be seen as lowering
the victim’s and community’s status/power position relative to the offender, requiring a degradation of the offender to restore
a moral balance (just desert). Or, the offense could be seen as questioning community values, requiring a reaffirmation of
those values through social consensus (value restoration). Two studies referring to tax evasion and social welfare fraud yielded
supportive evidence. Just desert was related to traditional punishment, especially when participants did not identify with
a relevant inclusive community (Australians). Value restoration was related to alternative (restorative) punishment, especially
when community values were regarded as diverse and requiring consensualization. It tended to be related to traditional punishment
when community values were regarded as clear and consensual.
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16.
Illegality does not necessarily breed violence. The relationship between illicit markets and violence depends on institutions
of protection. When state-sponsored protection rackets form, illicit markets can be peaceful. Conversely, the breakdown of
state-sponsored protection rackets, which may result from well-meaning policy reforms intended to improve law enforcement,
can lead to violence. The cases of drug trafficking in contemporary Mexico and Burma show how a focus on the emergence and
breakdown of state-sponsored protection rackets helps explain variation in levels of violence both within and across illicit
markets.
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18.
Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany,
the article presents the results of an empirical study on the individual and collective legitimization of the use of force
by German police officers. There are numerous justifications for the use of force expressed by focus group participants in
eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups,
reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence,
the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur,
although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions,
it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of
the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They
have different influences on the individual legitimization of police actions, intertwined with the perception of the situation
as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification
for the use of force.
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19.
This article reveals a discrepancy between the actual and stated motives for punishment. Two studies conducted with nationally
representative samples reveal that people support laws designed on the utilitarian principle of deterrence in the abstract,
yet reject the consequences of the same when they are applied. Study 1 ( N = 133) found that participants assigned punishment to criminals in a manner consistent with a retributive theory of justice
rather than deterrence. The verbal justifications for punishment given by these same respondents, however, failed to correlate
with their actual retributive behavior. Study 2 ( N = 125) again found that people have favorable attitudes towards utilitarian laws and rate them as “fair” in the abstract,
but frequently reject them when they are instantiated in ways that support utilitarian theories. These studies reveal people’s
inability to know their own motivations, and show that one consequence of this ignorance is to generate support for laws that
they ultimately find unjust.
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20.
Incarceration rates in many countries (the US and Australia among them) have risen spectacularly over the last twenty years
and are only partially explicable by increases in crime rates. Moreover, in some countries where crime rates have shown a
comparable time-path, incarceration rates have not shown the same spectacular increase. The aim of this paper is to explore
the politics of punishment. The claim is that the US and Australian experiences are best understood in terms of political
considerations; and that this fact lends some support to the “expressive” as distinct from the “interest” approach to electoral
behaviour.
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