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1.
This paper begins by examining the arguments that led to the change of emphasis from residential training and detention to community-based measures in Hong Kong. Police cautioning and community support services are introduced. An evaluation of the services provided found that the majority of respondents reported high levels of satisfaction with them. It is likely that the services exerted positive influences on the respondents’ deviant behaviour, family values and sense of social responsibility, but one-fifth of them continued to commit deviant acts. Parents’ participation was not high. Young offenders rarely took responsibility for the offence they committed or understood the harm they had done to victims, and victims were not involved in deciding the intervention plan. The conclusions raise issues about the future for Hong Kong. They consider new diversionary strategies for responding to young people and debate the values that should underpin them. 相似文献
2.
Napier and Tyler (this issue) question whether moral convictions about outcomes really override the influence of procedural
fairness (PF) on fairness judgments and decision acceptance. The empirical answer to this question is “yes.” When people have
strong moral convictions about outcomes, perceptions of outcome fairness and decision acceptance are primarily shaped by whether
the morally “correct” outcomes are achieved. Pre-decision perceptions of PF have surprisingly little or no effect on these
judgments. That said, pre-outcome perceptions of PF sometimes predict post-outcome perceptions of PF, even when people have
morally vested outcome preferences. We provide further details supporting the validity and superiority of our data analytic
approach and argue that our original conclusions were justified.
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3.
Two studies investigated people’s perceptions of the acceptability of restorative justice procedures for handling crimes that
differ in severity. Results from Study 1 supported our hypothesis that as crimes increase in seriousness, people require a
restorative justice procedure that also has a possible retributive component (i.e. a prison sentence). Study 1 also demonstrated
that individuals assigned lower prison sentences for offenders who successfully completed a restorative procedure as compared
to a traditional court procedure. The results from Study 2 replicated those from Study 1, as well as demonstrating that offenders
who failed to successfully complete the restorative procedure received no reduction in prison sentence. These findings suggest
that in order for citizens to view a restorative justice procedure as an acceptable alternative to the traditional court system
for serious crimes, the procedure must allow for the option of some retributive measures.
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4.
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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5.
In this analysis of Marcia Baron’s account of excuses, I seek to do two
things. I try to draw out the nature of the distinction between forgiving
and excusing. I also defend the distinction between excuses (like duress),
and denials of responsibility (like insanity).
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6.
This paper tries to read together three texts that refer to the Rwandan genocide and to draw attention to certain paradoxes
that emerge from the way in which the texts might be said to talk to and past each other. The overall intention is to throw
light on the complications in witnessing such an event, and to themes of justice and politics that arise.
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7.
A strained relationship exists between mainstream economics and ethics. Over the last decade, behavioral economists have strongly
argued for the importance of fairness in motivating behavior, based on substantial experimental evidence. Two main approaches
to the modeling of fairness have been proposed: the outcome-based inequity aversion approach, and the intention-based reciprocity
approach. Both approaches have been quite successful in explaining the experimental evidence. Nonetheless, this paper questions
the role that is assigned to fairness in these models and the way fairness is incorporated, using recent experimental findings
concerning emotions and fairness perceptions. The analysis supports the view that feelings are important for justice, also
from a policy perspective, and pleads for closer attention being paid to the functioning of emotional brain systems.
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8.
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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9.
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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10.
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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11.
We conducted two studies to examine the role of the social norm of fairness on cognitive (beliefs and judgments) and affective
(emotions and feelings) ambivalence in an intergroup context of evaluation. As predicted, we found that ambivalence toward
the ingroup is constantly higher in the cognitive dimension than in the affective dimension. Instead, cognitive and affective
ambivalence toward the outgroup are generally similar but when the outgroup is highly protected by the fairness norm (i.e.,
the elderly), cognitive ambivalence is considerably lower than affective ambivalence. These findings provide evidence that
(1) cognitive ambivalence is more controlled by the fairness norm than affective ambivalence, and that (2) it holds an adaptive
function, changing in accordance with the demands of the normative context.
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12.
Under conditions of polycentric globalisation, a positive concept of justice is definitively impossible. Justice is aimed
at removing unjust situations, not creating just ones. The justice of fundamental rights coerces expansive social systems
into self-restriction. Human rights in particular take the role of counter-principles to communicative violations of body
and soul, a protest against inhumanities of communication, without it ever being possible to say positively what the conditions
of humanly just communication might be. The article analyses some consequences of this view for social counter-movements and
counter-institutions.
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13.
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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14.
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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15.
From an EU point of view, most international environmental agreements are mixed. This means that both the European Community (EC) and its member states are party to the agreement. As the participation of the EC in international negotiations and agreements is properly arranged by the Treaty establishing the European Community, but the EU member states’ participation is not legally organized on the EU level, the internal decision-making process regarding mixed agreements is rather complicated. Insights into this process are needed to understand the representation and the role of the European Union in international environmental negotiations. This article clarifies the legal framework of the EU decision-making process regarding such negotiations. 相似文献
17.
We use the National Longitudinal Survey of Youth 1997 to obtain estimates of the number of crimes avoided through incapacitation
of individual offenders. Incarcerated individuals are matched to comparable non-incarcerated counterparts using propensity
score matching. Propensity scores for incarceration are calculated using a wide variety of time-stable and time-varying confounding
variables. We separately analyze juvenile (age 16 or 17) and adult (age 18 or 19) incapacitation effects. Our best estimate
is that between 6.2 and 14.1 offenses are prevented per year of juvenile incarceration, and 4.9 to 8.4 offenses are prevented
per year of adult incarceration.
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18.
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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19.
Scientific interest in the nature of how people think about justice and fairness began approximately 70 years ago with Stouffer’s
classic study on the American soldier. Since then there have been numerous theoretical frameworks and thousands of research
studies conducted on what people perceive as fair and the consequences of making a fairness judgment. The goal of this article
is to dig through the “lost and found” box of justice research in an attempt to re-examine where we have been, issues and
ideas we may have forgotten, and to gain insight on directions we may want to go in the future. The key rediscovery of this
review is that perspective matters. Specifically, how people interpret fairness depends critically on whether they are viewing
a situation in terms of their material, social, or moral needs and goals. The implications of adopting a contingent theory
of how people reason about fairness are discussed.
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20.
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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