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1.
I attempt to describe the several costs that criminal theory would be forced to pay by adopting the view (currently fashionable
among moral philosophers) that the intentions of the agent are irrelevant to determinations of whether his actions are permissible
(or criminal).
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2.
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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3.
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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4.
Skeptics argue that statements about right and wrong are merely expressions of preferences. They are mistaken; values are
not the same as mere preferences. When we assert preferences that affect others, we justify our actions by giving reasons
that we believe others should accept. When we evaluate those reasons, we typically reject certain preferences as illegitimate.
Values are different from preferences because they entail demands we feel entitled to make of each other, after critical reflection.
But this does not require us to become moral realists who base value judgments on the existence of moral facts. Critical normativity
adopts the paradoxical stance that value judgments are based on human will but that they can be right or wrong. Human beings
cannot live without strong normative claims but we are obligated to be careful about them. This article illustrates this stance
by telling three parables of justice.
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5.
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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6.
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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7.
This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes.
Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although
Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.
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8.
Conflicting evidence exists on how criminal propensity moderates deterrent effects, and there is little empirical evidence
on this issue from relatively experienced offenders. This study tested how variation in criminal propensity (operationalized
as “low self-control”) moderates deterrent effects in a sample of convicted offenders in New Jersey’s Intensive Supervision
Program in 1989 and 1990. Offenders’ perceptions of the risks and consequences from violating ISP were associated with whether
they successfully completed ISP. Moreover, lower self-control did not diminish, and if anything, enhanced these deterrent
effects.
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9.
Questions and answers about incapacitation abound in all discussions about criminal justice policy. They are among the most
pressing of all research issues, yet estimates about the incapacitation effect on crime vary considerably, and most are based
on very old and incomplete estimates of the longitudinal pattern of criminal careers. This paper provides an overview of the
incapacitation issue, highlights information on recent estimates of criminal careers that are useful to the incapacitation
model, and outlines an ambitious research agenda for continued and expanded work on incapacitation and crime that centers
on developing better estimates of the characteristics of criminal careers and their relevance to policy choices.
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10.
This study examines the determinants of turnover intentions of off farm migrant workers, using data collected from China’s
Jiangsu Province. Turnover intention is posited to be a function of demographic/human capital characteristics, job characteristics
and job satisfaction. We find that higher levels of education have a positive effect on reported turnover intentions, while
higher income and job satisfaction have a negative effect on turnover intentions. To the extent turnover intentions represent
a good proxy for actual turnover, the results can be viewed as providing reliable predictors of job mobility among off farm
migrant workers at a time when there is a growing shortage of such workers in China’s coastal provinces.
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11.
Much of the criminal justice literature indicates that people’s support for harsh criminal sanctions such as the death penalty
is strongly related to their beliefs about deterrence and their beliefs about retribution. In this paper, using social dominance
theory as our organizing framework, we expand upon this literature by showing that social dominance orientation (SDO) is also
related to support for harsh criminal sanctions, as well as to deterrence and retribution beliefs. In addition, we show that
the relationships between SDO, on the one hand, and support for various forms of severe criminal sanctions, on the other,
are mediated by deterrence and retribution beliefs.
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12.
Open interviews and unplanned conversations with criminals are an important part of ethnographic research in criminology.
This paper presents an analysis of conversations with members of Russian criminal groups. An attempt is made to explore the
value of these informal interviews, the danger of informal contacts with criminals, and the reliability of the information
received.
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13.
Seeking a grounding in Buchanan (Cost and choice: an inquiry in economic theory, 1969) subjective theory of opportunity cost,
this paper sets out to fix a notional locus of the law in order to determine the cost of law enforcement. The paper also explores
the impact of unlawful activities on the economy and analyses the evolution of individual criminal activities in collective
criminal organizations such as the mafia.
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14.
Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not
preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal
law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion,
of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty,
and of preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing
the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes
draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself.
These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive
state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law
that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the
consequences are punitive the protections of criminal procedure and trial must be upheld.
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15.
This paper presents results of a survey on legislation regarding female genital mutilation in 15 European member states, as
well as the results of a comparative analysis of the implementation of these laws in Belgium, France, Spain, Sweden and the
UK. The research showed that although both criminal laws and child protection laws are implemented a number of difficulties
with the implementation of these laws remain. The article suggests that efforts should primarily focus on child protection
measures, but also on developing implementation strategies for criminal laws, and concludes with suggestions to overcome the
obstructing factors to implement laws applicable to FGM in Europe.
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17.
Drug courts have been proposed as a solution to the increasing numbers of drug involved offenders entering our criminal justice
system, and they have become widespread since their introduction in 1989. Evaluations of these programs have led to mixed
results. Using meta-analytic methods, we systematically reviewed the extant evidence on the effectiveness of drug courts in
reducing future criminal offending. Fifty studies representing 55 evaluations were identified, including both experimental
and quasi-experimental comparison group designs. The overall findings tentatively suggest that drug offenders participating
in a drug court are less likely to reoffend than similar offenders sentenced to traditional correctional options. The equivocation
of this conclusion stems from the generally weak methodological nature of the research in this area, although higher quality
studies also observed positive results. Furthermore, the evidence tentatively suggests that drug courts using a single model
(pre- or post-plea) may be more effective than those not employing these methods. These courts have a clear incentive for
completion of the drug court program.
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18.
A large research literature on procedural justice demonstrates that people are more accepting of decisions that they do not
feel are advantageous or fair when those decisions are arrived at using just procedures. Recently, several papers (Skitka,
Pers Soc Psychol Bull, 28:588–597, 2002; Skitka and Mullen, Pers Soc Psychol Bull, 28:1419–1429, 2002) have argued that these
procedural mechanisms do not have a significant influence when the decision made concerns issues about which those involved
have strong moral feelings (“a moral mandate”). A reanalysis of the data in these two studies indicates that, contrary to
the strong position taken by the authors, i.e. that “when people have a moral mandate about an outcome, any means justifies
the mandated end” (Skitka, Pers Soc Psychol Bull, 28:594, 2002), the justice of decision-making procedures is consistently
found to significantly influence people’s reactions to decisions by authorities and institutions even when their moral mandates
are threatened.
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19.
With the economics of racism of the 1930s and 1950s American South in mind, our essay explores the relationship between the
act of writing and institutional penology. Taking an obscure, but visceral autobiographical account by Paterson and Conrad
( Scottsboro Boy, Garden City Doubleday, 1950), we examine how discipline, punishment, and institutional identity emerge out of publishing, or, as Foucault put it, “the
power of writing.” Narratives of delinquency born out of a racialized penal economy tend to resist attempts to tame the criminal,
making institutional survival a productive discourse, and its articulation, a unique revolutionary act.
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20.
This article analyzes the investigation and prosecution of contemporary Chinese criminal organizations through the study of
one major human smuggling case: the trial of “Sister Ping.” Data were obtained from media reports, court documents, and from
interviews with parties familiar with the case. It is argued that modern human smuggling groups such as the one run by Sister
Ping are informal and decentralized organizations against which the RICO statute may be of little use.
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