Criminals' explanations of their criminal behavior, Part I: The contribution of criminologic variables.

The author reviewed the literature concerning criminals' explanations of their crimes and then studied the explanations given by 100 incarcerated men. He found no significant associations between juvenile or adult arrest histories, alias use, age at time of the crime, trial plea, sentence length, duration of incarceration, and explanation types used. Only murderers significantly used a specific explanation type. These observations suggest that explanations are largely independent of traditional criminological attributes; that prolonged confinement to prison does not result in offenders admitting to their crimes; and, that killers have an especially difficult time accepting responsibility for taking the life of another human being.     

Psychopathy and Female Gender: Phenotypic Expression and Comorbidity; A Study Comparing a Sample of Women Hospitalized in Italy's Maximum Security Facility with Women Who were Criminally Sentenced and Imprisoned,

Various studies have shown that women with psychopathy tend to commit crimes that are less violent than those of psychopathic men. The present study was designed to address the influence of psychopathy on the crimes committed by female offenders. A national sample of female offenders found NGRI or of diminished responsibility and at risk for criminal recidivism (OPG patients) was compared with a sample of female offenders who were convicted and imprisoned. Results of this comparison between the two groups of female offenders indicate that psychopathy is a transversal psychopathological dimension which may or may not be associated with other mental disorders. In both samples, the most commonly reported offenses among women with high PCL‐R scores were minor offenses, not particularly violent, but they appear to be related to typical psychopathic features such as superficial charm, pathological lying, and manipulation.     

Paying for the crimes of their children: Public support of parental responsibility

Parental responsibility laws, varying greatly within and among the states, appeared as one answer to the questions surrounding juvenile crime. Although these laws would seem to garner great public support under the new punitive attitude toward juveniles, no recent empirical studies were conducted on this topic. The current research examined public support of parental responsibility for crimes children commit. Contrary to expectations, public support was found to be relatively low. The public did place some responsibility on the parents when a juvenile crime occurred; however, agreement with blaming and punishing the parents was low. Political ideology and educational status served as possible predictors of support. Overall, however, demographic variables proved not predictive in determining who would support these measures.     

Probable causes for police corruption: Some theories

Theories and explanations of police corruption presented in recent social science literature are reviewed to develop a conceptual framework for future study of the problem. Theories of corruption due to individual failings, organizational deviance, cynicism, lack of deterrence, and the lack of consensus on victimless crimes and their effects, are discussed.     

合规视野下的企业刑事责任问题

在企业的刑事归责问题上,西方国家传统上遵循的是以企业员工的行为和主观过错推论企业行为和主观过错的原则。如今,这一归责方式正在受到普遍的质疑和挑战,一种建立在“组织责任”基础上的理论正在兴起,并为企业合规引入企业归责原则确立了理论上的依据。我国刑法所确立的单位犯罪制度,面临着单位犯罪与自然人犯罪“入罪标准不统一”“同罪不同罚”,单位所承担的刑事责任与行政责任难以保持均衡,以及认定单位主观意志较为困难等方面的问题。唯有建立“企业独立意志理论”,将单位视为一种独立的生命有机体,承认其具有实施独立行为和具有独立主观意志的能力,才能走出上述困境,并将企业合规融入单位归责原则之中。     

On Mimicry and the Psychology of the Belief in a Just World: Imitating the Behaviors of Others Reduces the Blaming of Innocent Victims

Innocent victims of crime are often blamed for what happened to them. In this article, we examine the hypothesis that victim blaming can be significantly reduced when people mimic the behavior of the victim or even a person unrelated to the crime. Participants watched a person on a video after which we assessed the extent of their spontaneous mimicry reactions (Study 1) or participants were instructed to mimic or not to mimic the movements of this person (Study 2). Then, they were informed about a rape and criminal assault and judged the degree to which they thought the victims were responsible for the crime. One of the crimes happened to the same person as the person they previously did or did not mimic. The other crime happened to a person unrelated to the mimicry situation. Results of both studies revealed that previously mimicking the victim or an unrelated person reduced the degree to which victims were being blamed.     

秦及汉初逃亡犯罪的刑罚适用和处理程序

秦及汉初律令对逃亡犯罪的规定繁复而成体系。逃亡大体可分为一般逃亡和犯罪后逃亡二类。在刑罚适用上,一般逃亡的刑罚因逃亡者身份不同而各异,犯罪逃亡的刑罚是以本罪刑罚为基础,叠加亡罪刑罚后加以确定。在处理程序上,吏、民的一般逃亡不导致审判和追缉程序,刑徒或特别身份人逃亡的,区分亡罪刑罚轻重,分别适用审判并通缉的“论,命之”程序和审判并命令其出现、领受刑罚的“论,令出、会之”程序。犯罪逃亡的,以本罪刑罚为基准,分别适用“论,命之”和“论,令出、会之”程序,后一程序中未按规定领受刑罚的,以刑罚已执行时逃亡来论断其刑。在不同类型逃亡犯罪及司法程序的不同阶段自出的,有处以笞刑、本罪之刑减一等或本罪之刑叠加亡罪之刑后总减一等等不同减刑效果。     

Time and Punishment: Delayed Consequences and Criminal Behavior

This article develops two distinct explanations for the failure of potential consequences to influence behavior. Discounting is the tendency to deliberatively devalue the future. In contrast, poor impulse control refers to the failure to consider the future. The implications of this distinction were investigated with data from the National Longitudinal Survey of Adolescent Health. The study produced several findings. First, both forms of present-orientation independently predicted a range of problem outcomes among respondents. Second, high discounting was a better predictor of deliberative or future-related problem outcomes, whereas poor impulse control was a better predictor of urge driven behaviors or conduct involving little forethought. Third, only poor impulse control but not high discounting predicted violent offending among respondents. While both forms of present-orientation were associated with property offending, high discounting was a stronger and more consistent predictor. These three findings were far more evident for males than they were for females.     

Having a Bad Month: General Versus Specific Effects of Stress on Crime

We examine whether particular types of stress are related to particular types of crime or whether all types of stress are related to all types of crime. Our estimates are based on analyses of within-individual change over a 36 month period among recently incarcerated offenders. We find that assault is most strongly related to family stress, suggesting that conflicts between family members lead to assault. Economic crimes (property crimes and selling illicit drugs) are most clearly related to financial stress, suggesting that these crimes often reflect attempts to resolve financial problems. On the other hand, crime is generally unrelated to stress from illness/injury, death, and work. The results support the idea that criminal behavior is a focused response to specific types of problems rather than a general response to stress. They are more consistent with explanations that focus on perceived rewards and costs (e.g., the rational-choice approach) than with explanations that portray negative affect as a generalized impetus toward violence or crime (e.g., frustration aggression approaches).     

The impact of racial slurs and racism on the perceptions and punishment of violent crime

When a crime is committed by an individual of one race against an individual of another race, there is the possibility that the crime is a hate crime. Legislation often mandates harsher penalties for perpetrators convicted of crimes determined to be hate crimes, yet this determination is difficult to make. This study used vignettes of violent crimes to examine how the races of the perpetrators and victims, the severity of the assault, and the use of racial slurs by the perpetrators would affect perceptions of the crimes as "hate crimes," victim blaming, and sentencing recommendations. Results showed that each of these factors affected participants' perceptions and punishments of violent crime. Participants' levels of racism were an additional factor. These results contribute to the understanding of how crimes in which the perpetrator's and victim's races differ are perceived.     

An Exploratory Study of Honor Crimes in the United States

There is a lack of research on honor crimes within the United States. We used an open source search methodology to identify the victim-offender relationship and motivations for this crime within the United States. Using data collected based on the protocol for the United States Extremist Crime Database (ECDB), we identified a total of 16 honor crimes with 40 victims that occurred between January 1st 1990 and December 31st 2014 in the United States. Based on our findings, the overarching motivations for honor crimes in the United States were the perpetrator’s former partner beginning the process of separation and the westernized behavior of the victim, typically the offender’s daughter or step-daughter. Honor crimes were not limited to current/former intimate partners or daughters, as they also included the death of extended family members (e.g. in-laws, nieces, and cousins). Policy implications and directions for future research on honor crimes are discussed.     

The Failure of the First Income Tax: A Tale of Commercial Tax Evaders?

This article constitutes a re-examination of the financial failure of the first income tax in Britain, introduced in 1799 in order to address the rising cost of the French revolutionary wars. In accounting for this failure, the existing literature has focused largely on failings in the administration of the tax, often blaming, for example, its emphasis on local responsibility for tax collection, and its reliance on the honesty of its contributors. This article furthers these interpretations by highlighting that such issues were particularly problematic in their application to the commercial sector of society. It argues that the preferential treatment of commercial interests in the substance of the tax, on account of their privileged position in the political sphere, led to the establishment of a culture of commercial evasion. The evidence for this is examined at length, through both detailed analysis of the yield of the tax, as well as the attitudes of contemporaries evident in the literature at the time. This analysis ultimately leads to the conclusion that commercial evasion of the first tax played a pivotal, and hitherto underplayed, role in the financial underperformance of the tax.     

New perspectives in the legal psychiatry of cocaine-related crimes.

The legal criteria for the insanity defense as it applies to cocaine-related crimes remains elusive because of cocaine's unique spectrum of effects on human thought and action. This paper discusses the literature relevant to cocaine and forensic psychiatry/psychology, and summarizes the results of a survey of forensic psychiatrists on the topic of drug-induced psychosis. A conceptual framework is posited for the expert witness to distinguish the separable effects of cocaine on human behavior and to clarify their relationship to criminal responsibility.     

Deceptive behaviour and instrumental violence among psychopathic and non-psychopathic violent forensic psychiatric patients

Deceptive behaviour and instrumental violence are well-known psychopathic features and as such play important roles in the assessment of psychopathy. This study examined first, the nature of the violence committed by offenders that have been admitted to forensic psychiatric care and whether scores on the Psychopathy Checklist: Screening Version (PCL:SV), Part 1, were associated with the instrumentality of violence. Second, we examined the proneness of offenders to re-frame the instrumentality in their past violent crimes, and whether this was associated with scores on the PCL:SV. The results show that the PCL:SV, Part 1 (interpersonal/affective features), was positively related to the officially coded instrumentality of the violent crimes. As expected, this association disappeared when the instrumentality was self-reported. However, the majority of the patients tended to exaggerate the reactivity of their violent crimes when it was self-reported, indicating that most offenders, independently of level of psychopathy, used deception when questioned about the characteristics of their past violent crimes. The reasons for, and implications of, the use of deception are discussed.     

Repeated arson: data from criminal records.

The criminal careers of all arsonists convicted in former West-Germany between 1983 and 1985 who were found not to be responsible due to diminished responsibility for psychiatric reasons and a random sample (every third) of all criminally liable arsonists during the same period of time were followed up until 1994 by means of their trial records. Reappearance before the court for arson did not differ between the groups. When subjects are grouped by the additional occurrence of crimes other than arson, however, arsonists with diminished responsibility are the most problematic group: In comparison with all other subgroups, the arsonists who were partly responsible who did not commit any crimes other than arson showed the highest number of fire-setting incidents. Among the arsonists who committed other crimes as well, arsonists with diminished responsibility had the highest number of additional offences.     

Placating the Powerless: Effects of Legitimate and Illegitimate Explanation on Affect,Memory, and Stereotyping

In an experimental study involving power differences between groups, the effects of legitimate and illegitimate explanations for power were investigated on measures of affect, stereotyping, and memory. We found that powerless groups reported more positive affect (relative to negative affect) when explanations were provided for their powerlessness, whether these explanations were classified a priori as either legitimate or illegitimate. Members of powerless groups also attributed greater intelligence and responsibility to the outgroup when it was in a position of high power rather than equal power, and these effects on stereotyping were enhanced when explanations for the power differences were provided. Finally, research participants tended to misremember the reasons given for the power differences as more legitimate than they actually were. These results support a system justification theory of intergroup behavior (Jost and Banaji [1994] Br. J. Soc. Psychol. 33:1–27) in that people seem to imbue placebic explanations with legitimacy, use stereotypes to rationalize power differences, and exhibit biases in memory such that the status quo is increasingly legitimized over time.     

Revictimization and self-harm in females who experienced childhood sexual abuse: results from a prospective study

Lifetime trauma histories were ascertained for females with confirmed histories of childhood sexual abuse and comparison females participating in a longitudinal, prospective study. Abused participants reported twice as many subsequent rapes or sexual assaults (p = .07), 1.6 times as many physical affronts including domestic violence (p = .01), almost four times as many incidences of self-inflicted harm (p = .002), and more than 20% more subsequent, significant lifetime traumas (p = .04) than did comparison participants. Sexual revictimization was positively correlated with posttraumatic stress disorder symptoms (PTSD), peritraumatic dissociation, and sexual preoccupation. Physical revictimization was positively correlated with PTSD symptoms, pathological dissociation, and sexually permissive attitudes. Self-harm was positively correlated with both peritraumatic and pathological dissociation. Competing theoretical explanations for revictimization and self-harm are discussed and evaluated.     

论立功制度在司法实践中的正确适用

我国刑法中的立功制度关涉刑罚的裁量与执行两大环节 ,是一项重要的刑罚制度。在对立功的认定上 ,应划清坦白、自首与立功的界限。共同犯罪中犯罪分子只有揭发共同犯罪以外的他人的犯罪 ,经查证属实的才成立立功。对帮助立功应予认定 ,对司法工作人员犯罪后提供“利用职务之便得到的情报”不宜认定为立功 ,犯罪分子立功后又脱逃不影响先行立功的性质。立功者刑事责任上的从宽 ,对未决犯表现为刑罚裁量过程中的从轻、减轻或者免除处罚 ,对已决犯表现为刑罚执行过程中的减刑或消除犯罪记录