Deterrence and the tipping effect

Previous research has focused on certaintyznty of punishment as one. factor. upon which any dzterrent effect of punishment might be contingent and Auggested that it must reach a critical tipping level before the deterrent effect becomes evident. Using data on index crimes and clearance. rates for. Virginia cities and counties, bupport was found for both the. deterrent effect and the exlstenee of a tipping level. Attention was directed towand a more precise specification of the form of the tipping effect, suggesting that there is a single critical tipping level and that it occurs at a relatively low level of certainty of punihment.     

Deterrence and avoidance

This paper explores the effects of public enforcement, in general, and punishment, in particular, on crime levels if offenders can engage in avoidance activities. Avoidance reduces the probability or magnitude of punishment. In general, offenders can reduce their expected punishment either by substituting legal activities for criminal activities (the deterrence effect) or by increasing avoidance activities. This paper shows that increasing the direct costs of crime – by either increasing punishment or enforcement efforts – does not necessarily deter criminal activity and may actually trigger increased crime if avoidance is possible. Furthermore, this paper shows that increasing the opportunity costs of crime (e.g. by subsidizing legal alternatives or through educational and vocational programs) reduces both crime and avoidance and thus, in this respect, is advantageous. The conditions for these outcomes are identified, the economic mechanisms are explained, and an underlying intuitive approach for these results is proposed.     

论我国刑法贿赂罪贿赂范围的重新定位——以《联合国打击跨国有组织犯罪公约》的要求为标准

在抽象意义上 ,贿赂罪中贿赂的范围从来都不是固定不变的 ,其“宽窄”的取舍最终取决于社会生活的发展状况 ;然而 ,在具体意义上 ,法条如何准确地把握和反映社会生活的需求 ,对立法者来说又确实是困难的。《联合国打击跨国有组织犯罪公约》虽然并非专为“反腐败”而出台 ,但却为推动我国“反腐败”刑事立法的进步 ,扩张刑法上贿赂的范围 ,从而加大刑法打击贿赂犯罪的力度 ,提供了契机     

Aggressive Policing and the Deterrence of Crime

Recent analyses of the relationship between crime and an aggressive patrol strategy have led to no single conclusion concerning the deterrent power of aggressive policing. This research adds to that debate by exploring the effects of a variety of aggressive patrol tactics on several different crimes. The empirical analysis, based on cross-sectional data from sixty urban neighborhoods, indicates that there appears to be no stable complex of police actions that constitute an aggressive patrol strategy. However, one form of police action usually included under the rubric of aggressive patrol—suspicion stops—may indeed deter certain types of criminal activity.     

Deterrence and arrest ratios

In the limited research on the origins of sanction threat perceptions, researchers have focused on either the effects of actively engaging in crime or the effects of formal sanctioning but rarely on both (i.e., the arrest ratio or the number of arrests relative to the number of crimes committed). This article extends this line of research by using a sample of Colorado inmates and measures arrest ratios and sanction perceptions for eight different crime types. Analyses reveal that the offenders report both significant experiential and arrest ratio effects. Theoretical and policy implications, limitations, and directions for future research are outlined.     

Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant.

This article revisits the concept of deterrence and defend a more plausible deterrence theory of punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality.     

Self-Interest,Automaticity, and the Psychology of Conflict of Interest

This paper argues that self-interest and concern for others influence behavior through different cognitive systems. Self-interest is automatic, viscerally compelling, and often unconscious. Understanding one's ethical and professional obligations to others, in contrast, often involves a more thoughtful process. The automatic nature of self-interest gives it a primal power to influence judgment and make it difficult for people to understand its influence on their judgment, let alone eradicate its influence. This dual-process view offers new insights into how conflict of interest operate and it suggests some new avenues for addressing them or limiting some of their greatest dangers.     

Auto Theft and Restrictive Deterrence

Although researchers have examined the attributes that make offenders more or less responsive to sanction threats, far less attention has centered on the manner in which responsiveness can lead to less detectible crime, or perhaps even more overall crime. Restrictive deterrence is the concept that explains this paradox. We explore it here using qualitative interviews with 35 active auto thieves. Findings suggest that auto thieves' restrictively deterrent decision-making strategies fell into three broad categories: discretionary target selection, normalcy illusions, and defiance. Discussion focuses on the data's conceptual implications for restrictive deterrence and offender decision-making.     

民事责任的预防功能

本文以经济学中的价格市场理论和外部性理论为工具,从预防角度考察民事责任（以损害赔偿为主）的社会功能,并指出为达到最佳预防目的,在两种不同的情况下,致害人应负损害赔偿数额的原理与计算方法。     

法与人性中的利己、利他主义

人是社会和法的主体 ,对人性的研究至关重要。人有利己和利他的双重本性 ,利他是有限的。这种本性和生产力一起决定了社会和法。在人和社会的关系上 ,人是内容、目的和主体 ,社会是形式、手段和客体。个人的利益是第一位的 ,个人的力量是最基本的、最积极的和决定性的。     

Deterrence and social control: Rethinking the relationship

Until recent years, the operationalization of the deterrence concept has been largely legal in nature. That is, deterrence was defined in terms of certainty and celerity of arrest and severity of sanction. Contemporary research has called this narrow viewpoint into question, pointing out that legal factors are only part of the range of social-control mechanisms. One of the more important of these reformulations was found to have an analytical flaw which could have easily affected the results (Meier and Johnson, 1977). The present study corrects the analysis problems of this previous study and upholds the findings that, for a sample of adult Texas residents, extralegal factors are of more import for determining marijuana use than traditional legal deterrence. Since both legal and extralegal factors are products of the social context, deterrence may be appropriately incorporated into contemporary social- control theories.     

贿赂犯罪若干问题再思考

针对新刑法有关贿赂犯罪的规定,作者提出应当取消“为他人谋利益”的受贿罪要件和“为谋取不正当利益”的行贿罪要件;同时,贿赂犯罪对象应包括“一切不正当利益”和受贿罪数额起点宜再降低。     

受贿罪疑难问题探究

随着国家加大对贪污受贿犯罪打击力度,大量新型受贿行为不断涌现,对受贿罪传统认识产生巨大冲击,逐渐纳入法治轨道的国际追逃追赃也对刑法规定提出新要求。关于受贿罪本体,将贿赂界定为不正当利益,扩张其范围,通过解释将使用贿赂、服务贿赂、捐赠贿赂纳入其中,将受贿罪法益确定为对国家工作人员职务廉洁性的侵害,既遂形态由结果犯改为行为犯,将事后明知纳入明知的范围,通过期待可能性理论排除被动受贿可责性,并对共同受贿中的推定明知从主客观两方面进行分析、限定。     

Focused Deterrence Strategies and Crime Control

Research Summary

Focused deterrence strategies are increasingly being applied to prevent and control gang and group‐involved violence, overt drug markets, and individual repeat offenders. Our updated examination of the effects of focused deterrence strategies on crime followed the systematic review protocols and conventions of the Campbell Collaboration. Twenty‐four quasi‐experimental evaluations were identified in this systematic review. The results of our meta‐analysis demonstrate that focused deterrence strategies are associated with an overall statistically significant, moderate crime reduction effect. Nevertheless, program effect sizes varied by program type and were smaller for evaluations with more rigorous research designs.

Policy Implications

The available empirical evidence suggests these strategies generate noteworthy crime reduction impacts and should be part of a broader portfolio of crime reduction strategies available to policy makers and practitioners. Investments still need to be made, however, to strengthen the overall rigor of program evaluations and improve our understanding of key program activities associated with observed crime reduction impacts.     

对建筑工程贿赂案件中行贿情况的分析与思考

建筑工程中贿赂案件的社会危害性很大,它不仅损害了党和政府的廉洁性,也可能直接导致建筑工程质量低下,危及人民群众的生命财产安全。本文分析了上海市闵行区六年来建筑工程贿赂案件中的行贿情况,并从预防犯罪的角度提出了相关的对策。     

喀什师范学院,新疆喀什844000

贿选是当前严重危害政治民主的腐败现象。现行法律中将贿选视为破坏选举罪的行为方式之一,然而,贿选的社会危害性远不是破坏选举罪所能涵盖的。贿选与贿赂罪在罪质上具有同一性,在行为方式上具有相似性,为切实发挥法律对贿选的遏止作用,建议单独设置选举贿赂罪,并将其归之于贿赂罪这一类罪名中。