SELF‐CONTROL THEORY AND THE CONCEPT OF OPPORTUNITY: THE CASE FOR A MORE SYSTEMATIC UNION*

The purpose of this study is to advance the idea that low self‐control—one of the strongest known predictors of crime—likely has effects that are conditional on the supply of criminal opportunities. Some scholars initially interpreted the theory to make this exact prediction, but Gottfredson and Hirschi (2003) have rejected this interpretation. They have insisted that the simplistic nature of most crimes ensures that opportunities are limitless and that variation in opportunity simply reflects variation in self‐control. We trace the history of this uncertain position of opportunity in self‐control theory and argue that it should play a significant role in the theory, even if Gottfredson and Hirschi did not originally envision this. Next, we draw on routine activities theory and applications of it to individual offending to offer a theoretical statement of how opportunity should be incorporated into self‐control theory. Last, using data from a national sample of juveniles, we test the arguments that have been made. The analysis suggests that the effects of low self‐control on delinquency partially depend on the availability of criminal opportunities, as indicated by the time juveniles spend with their friends or away from the supervision of their parents.     

GENERAL STRAIN THEORY: ADDITIONAL EVIDENCE USING CROSS‐CULTURAL DATA*

Data from random samples of residents in major cities of Russia, Ukraine, and Greece are employed to test hypotheses about linkages among objective strain, subjective strain, anger, and criminal probability specified in general strain theory (GST). In addition, the potential conditioning effects of religiosity and self‐control on the strain/criminal probability relationship are investigated. Results show more challenge than support for GST. In particular, all supportive results are for the Ukrainian sample with the Greek and Russian samples providing little confirmation to the study's hypotheses. Although analyses show some support for the basic premises of GST, using a measure of subjective strain does not improve results, and self‐control and religiosity do not seem to condition the effects of strain on criminal probability. Overall, the findings point to contextual specificity of GST as currently formulated and suggest the need for further theorizing.     

Crack as Proxy: Aggressive Federal Drug Prosecutions and the Production of Black–White Racial Inequality

In this article, we empirically examine jurisdictional variations in federal crack prosecutions to measure whether aggressive crack prosecutorial practices are associated with racial inequality in federal caseload characteristics and outcomes. Building on theories that address the production of inequality in institutional settings, we hypothesize that U.S. Attorneys’ offices that are more proactive in charging defendants with crack, relative to other kinds of drugs, and relative to case strength and seriousness, will demonstrate higher rates of black–white racial inequality in case outcomes across the entire criminal caseload. Consistent with theories of institutional racism, our findings demonstrate that aggressive crack prosecutions at the district level are a strong predictor of black–white inequality in conviction rates across the entire criminal caseload, and a much more modest predictor of inequality in final sentence outcomes. We conclude by discussing the importance of organizational‐level empirical analyses for more effectively uncovering the conditions under which inequality can and does flourish in legal settings, and suggest possible future lines of inquiry along these lines.     

Criminal Social Identity of Recidivistic Prisoners: The Role of Self-Esteem, Family and Criminal Friends

The aim of this paper is to focus on the factors that can significantly contribute to the presence of criminal social identity within a sample of recidivistic prisoners (N?=?312) using structural equation modelling. Six latent variables were identified: criminal associations with close friends, positive self-esteem, negative self-esteem, cognitive centrality, in-group affect, and in-group ties. Results suggest that criminal social identity is characterized by various internal and external factors including the direct effects of associations with criminal friends, which is influenced by insufficient or absent parental supervision at an early stage of development. It was also found that early peer rejection is not a sufficient predictor of associations with criminal friends and the criminal social identity. This study also provides further support for Social Identity Theory with regards to the role of self-esteem in the development of criminal social identification.     

GENERAL STRAIN,STREET YOUTH AND CRIME: A TEST OF AGNEW'S REVISED THEORY*

Using a sample of homeless street youth, this research examines how specific forms of strain–emotional abuse, physical abuse, sexual abuse, homelessness and being a victim of robbery, violence or theft, relative deprivation, monetary dissatisfaction and unemployment–lead to crime and drug use. It also explores how strain is conditioned by deviant peers, deviant attitudes, external attributions, self‐esteem and self‐efficacy. The results reveal that all ten types of strain examined can lead to criminal behavior either as main effects or when interacting with conditioning variables. The results are discussed in light of general strain theory and suggestions are offered for future research on this topic.     

“Blue” Morality and the Legitimacy of the State—Ed Rubin's Soul,Self, and Society: The New Morality and the Modern State

Ed Rubin's provocative new book, Soul, Self, and Society: The New Morality & the Modern State (2015), attempts to capture the relationship between morality and the state. It maintains that that there are three comprehensive moral systems: the morality of honor that characterized feudal relationships and survives today in failed states and urban gangs, the morality of higher purposes that linked individual self‐worth and state legitimacy to a shared belief system, and the morality of self‐fulfillment that entrusts development of a moral code to each individual and sees the role of the state as creating the conditions for individual flourishing. This review essay argues that Rubin's work is critically important in explaining that the idea of self‐fulfillment combines public tolerance with private discipline, and rests on obligation as well as freedom. It suggests, however, that if the new morality were to truly take hold, it would weaken the links between citizen and state that make the system possible.     

Only a Matter of Time? The Role of Criminal Competence in Avoiding Arrest

While prior research has shown that the probability of detection plays a role in the decision-making of many offenders, much less is known on offenders’ relative success in avoiding arrest. In this study, we draw from detailed criminal career data on 172 offenders involved in lucrative criminal activities to examine the role of criminal competence in the probability of being arrested in a given month. We examine a particular aspect of competence, criminal efficiency, which is defined as the ability to earn a relatively large amount of money for each crime committed. Our research design allows us to disentangle the effect of criminal efficiency as a static trait of offenders from the dynamic variations in efficiency that offenders experience over time. Results show that efficiency is a strong, negative predictor of arrest, both at the static and dynamic levels.     

SELF‐CONTROL AND VICTIMIZATION: A META‐ANALYSIS

A consequential development in victimization theory and research was the idea that individuals with low self‐control self‐select into the various risky behaviors that may ultimately result in their victimization. To establish the empirical status of the self‐control–victimization link, we subjected this body of work to a meta‐analysis. Our multilevel analyses of 311 effect size estimates drawn from 66 studies (42 independent data sets) indicate that self‐control is a modest yet consistent predictor of victimization. The results also show that the effect of self‐control is significantly stronger when predicting noncontact forms of victimization (e.g., online victimization) and is significantly reduced in studies that control directly for the risky behaviors that are assumed to mediate the self‐control–victimization link. We also note that the studies assessing self‐control and victimization are not representative of victimization research as a whole, with intimate partner violence (IPV), violence against women, and child abuse being severely underrepresented. We conclude that future research should continue to examine the causal processes linking self‐control to victimization, how self‐control shapes victims’ coping responses to their experience, and whether self‐control matters in contexts where individuals may have limited autonomy over the behavioral routines that put them at risk for victimization.     

SELF‐CONTROL,SOCIAL BONDS,AND DESISTANCE: A TEST OF LIFE‐COURSE INTERDEPENDENCE

Theoretical debates and empirical tests on the explanation of stability and change in offending over time have been ongoing for over a decade pitting Gottfredson and Hirschi's (1990) criminal propensity model against Sampson and Laub's (1993) life‐course model of informal social control. In 2001, Wright and his colleagues found evidence of a moderating relationship between criminal propensity, operationalized as self‐control, and prosocial ties on crime, a relationship they term life‐course interdependence. The current study extends their research by focusing on this moderating relationship and the developmental process of desistance from crime among serious juvenile delinquents. Contrary to the life‐course interdependence hypothesis, the results indicate that whereas self‐control and social bonds are strongly related to desistance from crime, there is no evidence of a moderating relationship between these two factors on desistance among this sample. The implications of this research for life‐course theories of crime, future research, and policies regarding desistance are discussed.     

THE DEVELOPMENT OF SELF‐CONTROL: EXAMINING SELF‐CONTROL THEORY'S STABILITY THESIS*

Research on self‐control theory consistently supports its central prediction that low self‐control significantly affects crime. The theory includes other predictions, however, that have received far less scrutiny. Among these is the argument that self‐control is developed early in childhood and that individual differences emerging then persist over time. The purpose of this study is to provide a rigorous test of the stability thesis. First, we examine the extent of stability and change in self‐control for a national sample of U.S. children age 7 to age 15. Second, we consider whether parenting continues to affect self‐control during adolescence—a period after the point at which self‐control differences should be fixed. The analysis revealed strong absolute and relative stability of self‐control for more than 80 percent of the sample, and this stability emerged in large part as early as age 7. Contradicting the theory was a smaller portion of respondents (roughly 16 percent) who experienced substantial absolute and relative changes in self‐control even after the age of 10. Moreover, parental socialization continued to affect self‐control during adolescence, even after accounting for both prior self‐control and exposure to parental socialization.     

Strain,Crime, and Contingencies

Hypotheses from General Strain theory are addressed using data from a random sample of adults in Raleigh, NC. Analyses examine three issues: (1) whether strain predicts self‐projected criminal behavior; controlling for past self‐reported crime; (2) whether negative emotions mediate the relationship between strain and projected crime; and (3) whether social support and criminal peers serve as contingencies or mediators for strain in predicting criminality. Results are generally consistent with previous studies focusing on youth. Three of four measures of strain are found to predict the crime measures. However, that relationship is not mediated by negative emotion and the measures of social support and criminal peers do not act as contingencies or mediators. The results suggest that strain may not operate through negative emotions and that theoretical refinement is needed to identify which potential contingencies are likely to be operating under various circumstances.     

When Crime is not an Option: Inspecting the Moral Filtering of Criminal Action Alternatives

Many theories assume legal compliance stems from rational deliberations about consequences of disobedience. In contrast, morality theories such as Wikström’s Situational Action Theory contend personal morality and moral contexts provide a “filter” prohibiting some people from perceiving and contemplating criminal actions as realistic possibilities. We examine this moral filtering hypothesis using face-to-face household survey data from 573 adults in the Dhaka District of Bangladesh. Results suggest individuals with higher levels of personal morality (moral beliefs; guilt from contemplating violence; moral identity; emotional empathy) and exposure to strong moral settings are less likely to contemplate aggressive and violent actions in response to a provocation. Furthermore, these dimensions of personal and contextual morality appear to be indirectly linked to violent criminal actions through individuals’ tendencies to contemplate aggressive actions when provoked. Overall, our initial inspection of the moral filter hypothesis provides substantial support and highlights areas for theoretical clarification and additional research.     

Is It Who You Know,or How Many That Counts? Criminal Networks and Cost Avoidance in a Sample of Young Offenders

The aim of the current study is to assess whether criminal networks can help young offenders avoid contacts with the criminal justice system. We examine the association between criminal network and cost avoidance specifically for the crime of cannabis cultivation in a rural region in Quebec, Canada. A self‐report delinquency survey, administered to the region's quasi‐population of high‐school students (N = 1,166), revealed that a total of 175 adolescents had participated in the cannabis cultivation industry (a 15% lifetime prevalence rate). Forty‐seven respondents (27%), including 29 who were arrested, reported having participated in a cultivation site that was detected by the police. Results indicate that “who you know” matters in the cultivation industry, and is an important independent predictor of arrest: very few young growers who were embedded in adult networks were apprehended. Conversely, embeddedness in a youth network emerged as an independent risk factor, especially embeddedness in larger networks.     

LOW SELF‐CONTROL,ROUTINE ACTIVITIES,AND FRAUD VICTIMIZATION*

Recent research has used both routine activity/lifestyle frameworks and self‐control theory to explain victimization. Thus far, combined tests of these theories have focused on offending populations and street crime victimization. Whether these frameworks also explain exposure to and likelihood of nonviolent victimization (e.g., fraud) in general‐population samples remains an open empirical question. Building on prior work, we assess the independent effects of routine consumer activities (i.e., remote purchasing) and low self‐control on the likelihood of fraud targeting and victimization. Using a representative sample of 922 adults from a statewide survey in Florida, the results confirm our expectation that remote‐purchasing activities increase consumers' risk of being targeted for fraud. Low self‐control has no effect on whether consumers are targeted, but it does significantly increase the likelihood of fraud victimization.     

刑事犯、行政犯统一化之提倡——兼论涉及行政法规范的犯罪的故意认定

区分刑事犯、行政犯的标准不具有可操作性，无论是以伦理道德的标准还是以生活秩序的标准，都无法明确划清二者的界限。区分刑事犯、行政犯是德日为解决本国立法背景下的特定问题而创制的理论，在我国当前的刑事立法模式下，区分二者并无现实意义。行政犯的故意成立原则上也不需要违法性认识，对刑事犯和行政犯在故意的认识因素上应适用统一标准。     

A Test of Self‐Control Theory Across Different Socioeconomic Strata

The current investigation examined the relationships between family processes, self‐control, and adolescent deviance in a sample of N = 3,764 Swiss male and female youth pursuing an apprenticeship (lower SES) or attending a Gymnasium/teacher’s college (higher SES). Participants completed a questionnaire that included measures of family processes, self‐control, and deviant behaviors. Results indicated that self‐control predicted adolescent deviance in both groups, and that direct and indirect effects existed in the relationships between family processes, self‐control, and deviance. Findings provided evidence of comparatively few differences in the observed associations by SES, though the magnitude of the positive effect by low self‐control on deviance was more modest in male apprentices as compared to non‐apprentices. Findings are discussed in terms of the implications for Self‐Control Theory.     

责任共犯说批判

在欧陆、日本刑法学上,责任共犯说是主张共犯因为使正犯堕落,陷入罪责和刑罚而受到处罚的共犯的处罚根据理论。责任共犯说由于被指“严重违反责任主义原则”,在20世纪40年代就已经逐渐走向式微。从解释论结论上看,我国传统刑法学关于共犯的处罚根据理论基本属于责任共犯说,同样面临责任共犯说所面临的所有批判。因此,有必要重构我国刑法学共犯的处罚根据理论。     

刑法概念的法哲学问题

刑法的概念既重要又危险,而如何使其科学化却是被忽视了的法哲学问题。从刑法与道德和政治的关系出发,能够为重新理解刑法的概念开辟新路径。任何时代的刑法都是自己时代的公共道德与政治权力相互结合的产物,只不过由于政治权力的性质不同,这种结合方式亦会不同。现代刑法应具有对公共道德与公共政治进行双向控制的功能,而刑法生活是刑法道德基因所存在、表现的基本场域,回到刑法生活才是尊重和确证刑法之道德基因的基本途径。     

PSYCHOLOGICAL,NEUROPSYCHOLOGICAL AND PHYSIOLOGICAL CORRELATES OF SERIOUS ANTISOCIAL BEHAVIOR IN ADOLESCENCE: THE ROLE OF SELF‐CONTROL*

Gottfredson and Hirschi claim that self‐control is the only enduring personal characteristic implicated in criminal activity. Other scholars, such as Moffitt and Rowe, claim that although self‐control is important, so are neuropsychological and physiological factors. This study attempts to adjudicate between these two positions by examining the ways in which neuropsychological factors, especially those relevant to executive function, biological factors, especially those relevant to autonomic reactivity, and self‐control interrelate to distinguish between offenders and nonoffenders. Data were obtained from adolescents attending public high schools in northern California and adolescents incarcerated in the California Youth Authority. Serious juvenile offenders evince lower resting heart rate, show poorer performance on tasks that activate cognitive functions mediated by the prefrontal cortex, especially those measuring spatial working memory, and score lower on measures of self‐control. Regression analyses indicated that although variations in self‐control distinguish between the two groups, so too do neuropsychological and biological factors, a result that both supports and refutes Gottfredson and Hirschi's contention. In contrast, variation in minor delinquency among high school students is unrelated to frontal lobe functioning and heart rate, but related to variations in self‐control.     

PARENTING,SELF‐CONTROL,AND DELINQUENCY: A TEST OF SELF‐CONTROL THEORY*

Self‐control theory has received extensive empirical attention in the past decade, but most studies have not tested its arguments about the effects of parenting on self‐control and delinquency. Using data collected from a sample of urban high school students, this study addresses this void by examining two parenting‐related hypotheses derived from the theory. For one of the hypotheses, the results with self‐control theory are contrasted with those obtained with Baumrind's theory of authoritative parenting, a theory that also is concerned with the link between parenting and self‐control. Results generally support self‐control theory's two hypotheses, but also point to empirical limitations of the theory.