Self-interest,distributive justice,and the income distribution: A theoretical fragment based on St. Anselm's postulate

The Mertonian starting idea for this paper is St. Anselm's idea that the will has two inclinations: an affection for what is to the person's own advantage and an affection for justice. We show that in decision-making situations, where the individual must choose a course of action from among a set of alternatives, the individual, subject to the two inclinations and thus guided by the twin considerations of own good and the common good as he/she forms the preference orderings for the alternatives, is in one of three states: (i) the state of Harmony, defined by perfect coincidence of the orderings induced by the two criteria; (ii) the state of Conflict, defined by perfect reversal of the orderings; and (iii) the state of Ambiguity, defined by ordering-pairs which are neither identical nor exactly opposite. The most general result states that if the number of alternatives is two, then the individual is in either Harmony or Conflict; if, however, the number of alternatives exceeds two, then Ambiguity is also a possible outcome. We then apply the framework to the case of choosing an income distribution, letting the own-good and common-good criteria dictate orderings based on personal outcomes (such as own income or own income rank) and social outcomes (such as mean income or income inequality), respectively, and examining the relation between the two orderings in five families of probability distributions. In the special case where own good is an increasing function of own income and the common good is a decreasing function of income inequality, our results show that each society has a group in Harmony (the poorest group) and one additional group, either in Conflict or in Ambiguity. Finally, we speculate about the behavioral and social implications of the three states and their configurations in the population.     

Reassessing the Cross-National Relationship Between Income Inequality and Homicide Rates: Implications of Data Quality Control in the Measurement of Income Distribution

A significant positive relationship between income inequality and homicide rates has been found in a large number of cross-sectional studies and a few longitudinal analyses; a theoretically interesting interaction effect between income inequality and social welfare has also been found. For the most part researchers have been willing to use generous quality criteria in collecting income-distribution data, to maximize sample size and thereby enhance statistical power and representativeness. In the present paper we use a recently developed data set with explicit quality ratings for the income-distribution data, which permits systematic assessment of the consequences of relying on income-distribution measures of varying quality in examining the inequality-homicide relationship. Our analyses reveal that the income inequality-homicide relationship is remarkably robust in cross-sectional analyses. Regardless of the quality of income-distribution data, we observe significant positive effects of the Gini coefficient on homicide rates in cross-sectional multivariate models. Consistent results are also observed when an interaction term for income inequality and decommodification is examined. The results of longitudinal analyses differ; we observe a significant positive effect of changes in inequality on changes in homicide rates only when income-distribution measures of low quality are used.     

Youth violence in South Africa: the case for a restorative justice response

Crime presents a fundamental challenge in South Africa. Particularly disturbing is the prevalence of violence committed by and against young people. The main purpose of this article is to look at how South Africa should deal with the issue of youth violence. It argues that while structural violence constitutes a significant contextual cause of the phenomenon, a more proximate and specific cause lies in young people’s exposure to direct violence in their schools, homes and communities. In many cases, therefore, simply sending young people to prison – where they may experience even greater levels of violence – is not the answer. This article thus examines the potential merits of restorative justice as a response to the problem of youth violence, focusing particularly on the 2009 Child Justice Act. This research is based on fieldwork in South Africa and draws upon both the author’s qualitative interview data and a range of surveys with young people conducted by the Center for Justice and Crime Prevention in Cape Town.     

False-negative probability in the SEM/EDS automated discovery of iGSR particles: A Bayesian approach

The automated search software integrated with a scanning electron microscope (SEM/EDS) has been the standard tool for detecting inorganic gunshot residues (iGSR) for several decades. The detection of these particles depends on various factors such as collection, preservation, contamination with organic matter, and the method for sample analysis. This article focuses on the influence of equipment resolution setup on the backscattered electron images of the sample. The pixel size of these images plays a crucial role in determining the detectability of iGSR particles, especially those with sizes close to the pixel size. In this study, we calculated the probability of missing all characteristic iGSR particles in a sample using an SEM/EDS automated search and how it depends on the image pixel resolution setup. We developed and validated an iGSR particle detection model that links particle size with equipment registers and applied it to 320 samples analyzed by a forensic science laboratory. Our results show that the probability of missing all characteristic iGSR particles due to their size is below 5% for pixel sizes below 0.32 μm². These findings indicate that pixel sizes as large as twice the one commonly used in laboratory casework, that is, 0.16 μm², are effective for initial sample scanning, yielding good detection rates of characteristic particles that could exponentially reduce laboratory workload.     

From Poisson to the present: Applying operations research to problems of crime and justice

In the 1830s Siméon-Denis Poisson developed the distribution that bears his name, basing it on the binomial distribution. He used it to show how the inherent variance in jury decisions affected the inferences that could be made about the probability of conviction in French courts. In recent years there have been a number of examples where researchers have either ignored or forgotten this inherent variance, and how operations research, in particular mathematical modeling, can be used to incorporate this variance in analyses. These are described in this paper, as well as other contributions made by operations research to the study of crime and criminal justice.     

Service utilization in a cohort of criminal justice-involved men: implications for case management and justice systems

In the era of re-entry, a great deal of attention has been paid to the ‘risk-need-responsivity’ model. Most attention to the utilization of services designed to meet need has focused on post-release behaviors. However, little attention has been paid to the pre-incarceration utilization of services that might influence receptivity to post-release utilization. Using constructs borrowed from health services utilization, the current paper examines the associations among CJ-involvement, social and health services utilization, and health status in a cohort of CJ-involved men living in the community. Results from the current cohort, combined with those of previous research, suggest that follow-through on services by released individuals’ remains problematic. Suggestions for future research and questions about the role of criminal justice agencies in improving follow-through are raised.     

正确处理收入分配改革中的十大关系——基于经济和法律的思考

我国正在进行的收入分配体制改革至今未能取得更多的实质性进展,主要原因在于未能将适用于改革初期的非均衡发展战略及时地转向均衡发展战略,因此导致了在经济运行中的经济发展与分配公平、市场调节与国家干预、公权行使与私权保护、资本价值与劳动价值、藏富于民与藏富于国、强势集团与弱势群体、公共产品与私人产品、国有经济与民营经济、城市扩张与城镇发展、政策手段与法律手段十大关系的失衡。克服这种失衡要靠政策的力量,更要靠法律的力量。     

Victims and the restorative justice ambition: a London case study of potentials,assumptions and realities

Restorative justice is coming out of the shadows and in Europe this interest grows alongside a stronger victims’ movement with a domino effect on EU member states’ laws. In the UK, legislation now allows restorative justice at all stages of the criminal justice system, and as part of these developments, new restorative justice services that will be ‘victim-led’ are being funded. This paper questions this ‘kind’ of restorative justice, using unpublished findings from a research project that was conducted in 2017 in London. The project involved a survey with 66 victims and 44 offenders, followed by 11 in-depth victim interviews and a focus groups with 7 victims and practitioners. The data point out a number of assumptions and caveats, which must be addressed in order to ensure that further investment in restorative justice will yield benefits to all those whose lives are blighted by crime. The conclusions are relevant to anyone practising restorative justice internationally including policy makers and funders.     

The criminalization of immigration and the privatization of the immigration detention: implications for justice

In recent decades, the criminalization of immigration and the use of private prisons have increased in popularity. The criminalization of immigration and the privatization of prisons work hand in hand in shaping the American criminal justice response to immigration. Privatization creates a powerful opportunity for the social construction of the undocumented immigrant into a powerful potential source of revenue for for-profit corporations. Private prison corporations, such as Corrections Corporation of American and The GEO Group, stand to profit significantly from the private immigration detention center. Several investigative reports have focused on how these companies stand to profit, but little attention has been given to the psychosocial consequences that impact immigrant detainees and their families.     

Racial Inequality,Ethnic Inequality,and the System Involvement of At-Risk Youth: Implications for the Racial Invariance and Latino Paradox Theses

Drawing from the inequality and crime, racial invariance, and Latino paradox literatures, the effects of inequality on youth reoffending are examined. Specifically, hierarchical logistic regression models are estimated to determine: (1) whether racial and ethnic inequality have similar contextual effects on the continued delinquent behavior of at-risk youth and (2) whether these effects are specific to black or Latino/a youth residing in Maricopa County, Arizona (N = 13,138). Findings suggest that racial inequality increases reoffending while ethnic inequality decreases reoffending. Additionally, Latino/a youth are less likely to reoffend in areas characterized by high income and racial inequality. Structural theories of crime should continue to account for the importance of culture and the resilient responses employed by Latinos/as living in criminogenic environments.     

Illicit arms trafficking and the limits of rational choice theory: the case of the Balkans

Organized crime is often conceptualized as a business enterprise formed by actors motivated by profits. The Balkans represents an ideal case for testing the extent to which assumptions about the image of actors involved in illegal arms trading can be extrapolated to the macro-level of analysis. Focusing mainly on public discourse, this paper points to several thematic categories of illicit arms trafficking: i) profit-oriented arms trafficking involving organized crime groups ii) trafficking of arms for the purpose of arming criminal-terrorist formations and iii) state-sponsored illegal arms trafficking. Although economic incentives appear strong in many cases, other cultural, social and political issues also frame the illicit arms market in the region. We argue that both understanding and policing organized crime should also embrace the non-economic nature of this type of criminal behavior.

Youth probation officers' interpretation and implementation of the Youth Criminal Justice Act: A case study of youth justice in Canada

Many juvenile justice systems are characterized by an amalgam of different principles and ideologies, which have been incorporated into laws and policies regarding youth crime. This study examines the perceptions of youth probation officers (YPOs) concerning the 2003 Youth Criminal Justice Act (YCJA) in Canada, which is one recent case example of a mixed model of juvenile justice. For instance, although the Act emphasizes diversion and community-based sanctions for first time and minor offenders, it also allows for adult-length custody sentences for the most serious and violent youth. This study asked YPOs about their understanding of the YCJA and their ability to apply the Act in their daily work as well as their access to community programs in 2004 and 2007. The results as well as previous research on the YCJA and policy implications are discussed.     

Particle size analysis of soils under simulated scene of crime conditions: the interest of multivariate analyses

Two simulated scenes of crime have been studied. Soil traces adhering to boots, sport shoes and tissues have been compared with control samples using particle size analysis. Comparisons of percentage of particles per class interval and multivariate analyses were used to determine how the size distribution of each suspect sample varied compared to the original distribution. A loss of coarse fractions characterized most of the suspect samples even though they were derived from soils having different distributional patterns. However, the differences between control and suspect samples were found to be more important for soils dominated by extreme size classes than for soils rich in medium size particles. The differences among soil samples from the same source were found to be restricted to the extreme size classes. The finding of significant differences within size classes ranging from 1 to 0.063 mm should be then considered as a dissimilarity sign between trace sample and hypothetic control soil.     

权利类属理论之反思——以霍菲尔德权利理论为分析框架

权利话语所面对的窘境在于提出主张的双方希冀透过权利所获得的保障,或说阻止他人行为的意图虽不必然同一,但由于共同内涵中词汇的共享,使问题变得棘手。与其争论相冲突的权利主张孰轻孰重,美国学者霍菲尔德指出权利一词蕴含四种不同的法律关系,分别是权利、特权、能力与豁免,并以实务判决作为分析对象,为不同的权利类属进行定性说明。借用霍菲尔德理论架构,并据此推断美国罗伊诉韦德案判决所保障之权利应该属于霍菲尔德理论中的何种类属。     

从the “DG Harmony”案看英美法下海上危险货物托运人归责原则之演进

从the＂DG Harmony＂案中美国联邦第二巡回上诉法院的轰动性判决入手,对英美法有关海上危险货物运输下托运人归责原则和承托双方责任分担的相关立法和司法实践的演进作一梳理,即从《海牙规则》与美国COGSA1936前普通法和一般海事原则下托运人严格责任的确立,到对《海牙规则》及COGSA1936相关条款下托运人严格责任的解析,再到以the＂DG Harmony＂案为代表的英美目前司法实践对突破托运人严格责任的探索。在此梳理的基础上,总结概括出目前英美法下裁判海上危险货物运输纠纷的思路与原则。这种以托运人严格责任原则为基础,以通过＂知识权衡＂与因果分析确定的＂未能提醒＂的过失责任原则为补充的思路,对中国的立法和司法实践具有一定的借鉴意义。     

Defendants encountering victims in the courtroom: challenges and opportunities of allocution in capital trials for doing restorative justice

ABSTRACT

Allocution is when offenders plead for mercy and offer explanations in order to mitigate punishment. This paper explores the opportunities and challenges inherent in an attempt to do restorative justice through offender allocution in the sentencing phase of capital trials. The essential principles in theories of restorative justice are presented. Then the contexts of allocution in a courtroom and the statements an offender might make in a typical restorative encounter are clearly differentiated. Contributions from the relatively new field of interpersonal neurobiology illuminate the state of mind in which the audience for allocution in a courtroom may be at the time allocution is offered with implications for how allocution might be used, and prepared for. Finally, suggestions are offered for how the opportunity for allocution might be taken up restoratively during capital trials.     

Murder in the shadows: evidence for an institutional legitimacy theory of crime

The focus on the institutional control of violent crime has increased over the past few decades, stimulated largely by Messner and Rosenfeld’s “institutional anomie theory.” A related theory, referred to as “institutional legitimacy theory” in this study, has received considerably less attention. This theory, originating in the social control theoretical tradition, is tested in an analysis of homicide rates (circa 2012) across 108 nations. Overall, institutional legitimacy theory receives support as economic, political, familial, and religious institutional legitimacy assist in reducing homicide rates across societies. Most notably, homicide is positively associated with the size of the shadow economy (the measure of waning economic institutional legitimacy), consistent with the hypothesis that parties lacking institutional redress are more likely to use unilateral violence to resolve grievances.     

Green houses for terrorism: measuring the impact of gender equality attitudes and outcomes as deterrents of terrorism

Recent research suggests that there are links between terrorism and gender inequality. This study is a cross-national times series estimation for 57 countries for the period 1994–2002 to examine the impact of attitudes and actual outcomes of gender equality on levels of terrorism experienced by a country using World Values Survey and Global Terrorism Database. The results suggest that actual outcomes of gender equality have a significant and consistently negative impact on terrorism. Women’s actual advancement and equality in higher education, jobs and political representation are more effective in reducing terrorism than cultural attitudes supporting these rights. Additionally, comparing attitudes and outcomes of gender equality in a country, I find there is a gap between the two. This study has important public policy implications for focusing on greater levels of social, economic, and political gender equality for reducing the levels of terrorism.