犯罪体系论再考

<正>一、论述犯罪体系的意义本文旨在再次研讨、论述刑法学中的"犯罪体系"的意义,并从比较法的角度对日本的犯罪体系论进行讨论。对于论述犯罪体系的意义,在2005年于山东大学召开的研讨会上我所作的报告中业已指     

A JURY OF PEERS

The frequent inquiries received at our Chicago offices about juvenile juries prompted us to allot some space to it here. To date the National Council has taken no position on their use. A study done in 1965 by the National Council on Crime and Delinquency of eighteen teen-age juries showed many of the claims made on behalf of the teen-age jury—for example, that it gives a teen-ager “a fair trial by a jury of his peers”—are dubious. “The juvenile jury lacks legal foundation and signifies a de facto surrender of judicial authority and responsibility. No substantial evidence was found to support the assertion that the teen-age jury reduces juvenile delinquency and youth crime. The procedure perpetuates the archaic and unsound practice of jury sentencing long abandoned, even for criminal cases, in all but a few states.”     

A HISTORICAL ANALYSIS OF THE LAW OF VAGRANCY

For more than two decades William Chambliss's analysis of vagrancy law has provided criminologists with historical evidence to support class-based explanations for the development of criminal law. Chambliss's use of the historical record, however, is suggestive more than it is conclusive, and recent studies of vagrancy law have exposed important shortcomings in his model. In fact, a systematic examination of the history of vagrancy law reveals that Chambliss's analysis is flawed. Thus. Criminologists should not continue to cite Chambliss's article as an authoritative source on the historical development of criminal law.     

A REEXAMINATION OF THE ETIOLOGY OF URBAN CRIME

Ecological analysis of crime rates has been a traditionally important approach to analyzing the causes of crime. Over the years, this approach has profited from the use of increasingly sophisticated data analysis techniques. A recent article in this journal on intracity crime rates offered such an analytic refinement—with the discovery of similar curvilinear relationships between both personal and property crime and customary socioeconomic predictors Such a finding for both types of crime is quite different from the results indicated in previous research. The present article reexamines comparable data on urban crime, adding further statistical and theory-based refinements to the analysis The results here show distinctive relationships for property and personal crime. This paper serves, then, to integrate careful empirical analysis into available criminogenic theory and into the conventional wisdom of ecological research.     

2633例机械性窒息法医尸检资料回顾性研究

本文根据湖北省部分地区1957～1986年间尸检记录,收集并分析了2633例机械性窒息死的出现率、案情性质、城市与乡村的差别等问题,为法医学实践提供了可供参考的资料。     

恒河猴ABO血型的研究

本文应用A型、B型、AB型血清，及抗－A与抗－B单克隆抗体对113只猕猴的ABO血型进行了测试。结果表明：在恒河猴（Macacamulatta）红细胞表面及血清中均未证明有类人凝集原和凝集素存在。但可根据其唾液中类人ABH型物质存在的情况判定该动物的类人血型。本实验检出的血型表型频率分别为：A型17．70％；B型52.21％；AB型20.36％；O型9.73％。该结果与国外报道的血型分布频率有差异。     

A TEST OF THE BLACK SUBCULTURE OF VIOLENCE THESIS: A RESEARCH NOTE*

We use data from the General Social Survey (1983 to 1991) to test Wolfgang and Ferracuti's hypothesis that violent values are widespread among African-Americans. Contrary to the expectations of the black subculture of violence thesis, our analyses indicate that white males are significantly more likely than blacks to express violent tendencies in defensive situations and that there is no significant difference between white and black males in offensive situations, ceteris paribus. Thus, we have rejected, within the limitations of our data, the hypothesis that a unique subculture of violence exists among the general population of African-Americans in the United States.     

人体组织中ABH物质分布的研究

本研究采用特异性红细胞粘附试验(SRCA 试验)方法,系统地研究了11例已知 ABO 血型及分泌状态尸体的38种组织器官 ABH 物质的定位与分布,发现粘膜、粘液腺及前列腺中均含有丰富的 ABH 物质,并受分泌状态控制。血管内皮细胞、复层上皮细胞、胰腺腺泡上皮及汗腺中也含有较多的 ABH 物质,但不受分泌状态的影响。新发现肺泡上皮、肝小胆管粘膜上皮亦含有 ABH 物质。其它组织器官除自身的血管内皮及红细胞含有 ABH 物质外,均未测出 ABH 物质。采用 SRCA 试验,室温放置13天的皮肤组织亦能正确地测出其 ABO 血型。     

A COMPARISON OF DELINQUENCY TRENDS

Comparative data are presented assessing trends in the juvenile crime rates for Japan and the United States over the past decade. Both court and arrest records show that the rate of juvenile crime has increased substantially in the United States while remaining essentially stable in Japan. The analyses demonstrate that this conclusion holds even when appropriate controls are introduced for the age groups involved. Suggestions are made for future research that might explain the differences reported for the two nations.     

IN SEARCH OF A LINKAGE

Previous research has produced conflicting findings concerning the relationship between police evaluation by citizens and unreported crime rate. Data for thirteen large American cities indicate a weak positive relationship between the two variables. Strong negative relationships are evident between unreported crime rate and variables measuring police systems activities and demographic characteristics. Cities with the highest levels of police expenditures and manpower have the lowest levels of unreported crime, as do cities with high percentages of nonwhites and dense populations. Further analysis reveals that controlling for percentage of nonwhites and police manpower severely attenuates the original correlation between unreported crime rate and police evaluation. We conclude that future research should endeavor to explain the linkage between police systems activities and unreported crime.