美国的替代监禁制度

自经历70年代犯罪高峰以来,美国的刑事司法体系发生了非常深刻的变化。警务模式、刑事审判、刑罚执行等各个领域在指导思想,基本理论以及具体的工作方式方面都在发生变化,各项改革措施纷纷出台。替代监禁是上世纪90年代以来美国各州地方法院刑事审判改革的一项比较成功的举措。     

Transportation versus Imprisonment in Eighteenth- and Nineteenth-Century Britain: Penal Power, Liberty, and the State

Existing explanations for historical changes in punishment in Britain have tended to examine the replacement of disorderly prisons and public executions with national penitentiaries from the late eighteenth to the mid‐nineteenth century. Despite their significant contributions to our understanding of how punishments operate in a broader social, political, and economic context, these scholarly accounts have narrowed debate on the mechanisms of penal change to the intentions of penal reformers. This analysis extends this time frame and uses historical data to compare the development of the penitentiary in Britain to its primary, yet less studied, penal substitute, the transportation of felons to America and Australia. In doing so, it provides an alternative explanation for the ascendancy of national penitentiaries. I argue that the development of these penal institutions in Britain was historically made possible by two interdependent sets of changes: (1) changes in the structure and administration of the state's penal apparatus (from decentralized to centralized and patrimonial to bureaucratic); and (2) transformations in popular understandings of the state's power to punish in correspondence with the expansion of a broader and more equal definition of citizenship (democratization). In conclusion, I argue for the value of perspectives on punishment that identify the explicit relationships between state organization and social relations in order to clarify how culture inheres in material conditions to influence specific penal outcomes.     

The Prosecutor's Toolbox: Investigating and Prosecuting Organized Crime in the United States

Investigating and prosecuting organized crime requires effectivelegal tools. A successful investigation depends to a large extentin maintaining the secrecy of the investigation as much as possible.Some investigative tools, such as electronic surveillance, cangenerally be used without disclosing even the existence of aninvestigation. Although other tools, such as grand jury subpoenasand search warrants, may reveal law enforcement's interest ina particular person or place, a carefully coordinated investigativestrategy can minimize the extent to which their use impedesan ongoing probe. From the viewpoint of substantive law, someof the most important tools in prosecuting organized crime arethe racketeering laws, which enable authorities to charge numerousmembers for participating in a collective criminal enterprise,even where they do not join in some of the particular criminalepisodes in which other members engage. Also important are moneylaundering laws, which enable the state to restrict the flowof money that forms the lifeblood of criminal organizations.     

Injustice for All: A State Crime of Omission Beneath the Steps of the United States Capitol

This research examines a state crime of omission by members of the Office of the Architect of the Capitol. These crimes were perpetrated against a group of employees charged with maintaining the underground utility tunnels beneath the United States Capitol. Through a secondary analysis of congressional testimony; citations and documents issued by the Office of Compliance; medical records; and various media accounts of the events, this research seeks to examine the perpetrators’ actions as a state crime of omission and offer a theoretical explanation. Our findings suggest the actions and inactions of the Office of the Architect of the Capitol, over a period of years, embody the definition of a state crime. Our theoretical explanation examines the conditions that combined to foster an environment in which occupational exposure to asbestos continued for years, placing the life and health of the tunnel crew in serious jeopardy.     

Crime and Justice in Japan: Implications for the United States

Examining official statistics from the United States since the mid-1960's, we see rapidly increasing rates of crime. Japan, on the other hand, has experienced rates that have dramatically declined during this same period. In fact, Japan is the only industrialized non-communist nation where crime has been decreasing. This paper summarizes the structural/cultural and justice related reasons for this phenomenon. Implications for the United States are specified.     

美国仇恨犯罪理论引入之前提性研究

为了解决现阶段我国社会频繁出现的以报复社会为目的的犯罪案件以及群体性暴力事件问题,美国仇恨犯罪理论被引入刑法学和犯罪学的研究之中.但是本文通过从产生背景、犯罪原因和治理策略上对中美两国仇恨犯罪进行比较,最终认为中美两国仇恨犯罪无法被等量齐观,美国式仇恨犯罪在中国语境下并不具有相应的理论解释能力,径直将西方的研究模式移植到中国语境来分析中国特有的法律和社会问题的研究思路值得反思,因此应当对该理论的引进保持谨慎的态度.     

Politics, culture, and political crime: Covariates of abortion clinic attacks in the United States

This study examined crime and violence against abortion clinics, testing elements of several theories that may help explain the variation of such attacks. The study theoretically and methodologically improved upon the prior research on abortion-related crime and violence. Theoretically, it investigated previously unexamined hypotheses from the social movement literature that may be relevant to this type of behavior. Methodologically, it used more careful measures for several variables, employed unique and heretofore ignored data bases, and examined hundreds of criminal acts across several types of crime (e.g., violence, vandalism, and harassment) directed at abortion clinics. Employing robust logistic regression and correcting for clustering of clinics by state, the study investigated the cross-sectional effects of state-level cultural and structural characteristics on anti-abortion crimes against clinics and staff. Results indicated that some crimes against clinics are more likely in areas where female empowerment is weaker, female victimization is more tolerated, and the anti-abortion movement has failed to reduce abortions.     

No Evidence of Specific Deterrence under Penal Moderation: Imprisonment and Recidivism in Finland

International literature on prison effects on recidivism tends to find little evidence of specific deterrence. If anything, imprisonment seems more likely to increase than decrease rates of offending. The present study adds to this literature by examining imprisonment and recidivism in Finland, a nation characterized by an exceptionally moderate penal culture. It has been suggested that severe sanctions need to be imposed selectively in order for them to be effective. In this research, we estimated the impact of first imprisonment on recidivism in comparison with offenders sentenced to either suspended imprisonment or community service. Using data from government population registries, we controlled for a large number of legal and extra-legal confounding factors, including criminal history and socio-demographic characteristics. We found no evidence of reduced recidivism as a result of imprisonment. Instead, consistent with prior research, we find evidence of increased recidivism in certain offender categories. We conclude with a discussion of policy implications.     

Crime and justice in Tudor-Stuart England and the modern United States

This paper surveys the criminal justice system in 16th and 17th, century England, for the purpose of pointing out important similarities between its workings and the operation of the criminal justice system in the modern United States. Topics covered include (1) the nature and incidence of crime; (2) citizen participation in and cooperation with the criminal justice system; and (3) the disposition of persons and cases. The authors conclude that, contrary to popular opinion, early modern England was not a halcyon period of law and order. That the English criminal justice system was beset by problems similar to those faced today seems to indicate that the interaction between law and society is inherently problematic.     

Engendering Imprisonment: The State and Incarcerated Female Subjects in Taiwan

In International feminist perspectives in criminology, Rafter and Heidensohn in International feminist perspectives in criminology: Engendering a discipline. Open University Press, Buckingham, (1995: 4) contended that current mainstream criminology was the most masculine of all social sciences. A look at arguments about penal development confronts us with the fact that most historical studies are not gender-specific. Whether female offenders were victimized or acted as their own agents in the penal institutions can be determined with reference to two considerations: first, women prisoners have persistently been treated differently from their male contemporaries; second, female offenders have typically been burdened with formal penalties and informal gender disciplines as punishments for their wrongdoings. The relationship between women and the state provides some clues regarding how penal institutions, which are authorized to act for the state in imposing penalties, treat female offenders and why women’s imprisonment has taken the forms that are evident historically. This study traces the unique political and social conditions of Taiwan’s history to determine what reformations penal institutions have sought to enforce upon female prisoners and which body-types of female inmates have been ‘docile’, ‘obedient’, and ‘useful’ to the state. From the establishment of women’s care homes and the practice of separating the genders in penal institutions, to the implementation of independent women’s prisons, the state in Taiwan has played a dominant role in penal reforms in various historical contexts. This investigation aims to provide a critical and unique perspective of the penalization of women.     

Mass murderers in the United States: predictors of offender deaths

Objective: many mass murderers appear to care more about harming others than they do about protecting themselves, and they often commit suicide or refuse to surrender and are killed by police. The present study offers the first in-depth investigation of differences between mass murderers who live and die as a direct result of their offenses. Method: data on 308 offenders in the United States from January 2006 to May 2014 are subjected to quantitative analysis, including logistic regression. Results: findings suggest that those who die are older, less likely to have co-offenders, and more likely to commit public mass killings or family killings, which corresponds with Durkheim’s theories of suicide in numerous ways. Conclusion: ultimately, several specific improvements in suicide prevention strategies could potentially help to reduce the prevalence of these high-fatality crimes.     

Black Mist and White Collars: Economic Crime in the United States and Japan

Comparative studies of crime have persistently challenged and daunted criminology scholars. For criminologists studying Japan, interest has traditionally been focused on the country’s much-heralded low crime rate. The current study examines white-collar lawbreaking in both the United States and Japan, focusing on similarities and differences in culture, law, criminal justice system response, corporate governance, and regulation. The study concludes that if Japan’s low crime rate is an enigma to criminologists, then its ample amounts of white-collar and corporate crime appear that much more puzzling. Given that the depth of the problem of white-collar crime goes far beyond adjudicated cases, Japan’s remarkably low rate of common crime is likely eclipsed by its rate of white-collar and corporate crime. The study concludes that the different legal and cultural contexts of the “law in inaction” go far in explaining the official nonrecognition of white-collar and corporate crime in both the United States and Japan.

The Politics of Racial Disparity Reform: Racial Inequality and Criminal Justice Policymaking in the States

Racial inequalities in criminal justice are pressing problems for policymakers. Prior literature suggests elected officials promulgate punitive, racially disparate criminal justice policies due to partisanship and racial fears, but scholarship has yet to explain how and why elected officials address racial problems in criminal processing. This article introduces the framework of racial disparity reform policymaking. A racial disparity reform is a policy that seeks to reduce distinctions in criminal justice institutions’ treatment of racial groups. Elected officials pursue these policies due to ideological beliefs in civil rights ideals and political interests in appearing to solve social problems. Using an original database of policy enactments, this article first presents the distribution and types of reform measures adopted by elected officials in all 50 states between 1998 and 2011. It then examines social and political explanations for when state legislatures and executives adopt racial disparity reforms. Policy enactment is predicted by worsening problems of racial disproportion in criminal processing, Democratic control of elected branches, and the absence of judicial efforts to improve racial fairness within a state’s criminal justice system. Similar dynamics encourage the development of different measures types within policies. Such ideological and problem-solving explanations for racial disparity reform show a potential for elected officials to forge more racially just criminal justice practices.     

Resisting the Long Arm of Criminal Antitrust Laws: Norris v The United States

This note analyses the judgment of the House of Lords in the case Norris v USA , and argues that its ruling on whether mere price-fixing can amount to a common law conspiracy to defraud will have a significant effect on both US and UK criminal anti-cartel enforcement. In particular, the potential negative impact of the judgment on the future viability of the UK Cartel Offence is highlighted.     

Queer Necropolitics and the Expanding Carceral State: Interrogating Sexual Investments in Punishment

This article examines the changing relationship between sexual politics and the carceral state. While sexual and gender nonconforming people have been historically punished for transgressing social norms, lesbian, gay, bisexual and transgender (LGBT) activists in Europe and North America have begun to invest in the state punishment of others. Whether supporting hate crime legislation, calling for more police in gentrifying neighborhoods, or participating in police recruitment campaigns, organisations that formerly fought against criminalisation trends now actively support expanding forms of state violence and punishment. Focussing on examples from the British and US context—and drawing from the concept of ‘queer necropolitics’—this article considers how the carceral state has shifted from a key target of queer protest to celebrated guardian of sexual citizenship. Arguing that this process constitutes more than just another story of queer assimilation and co-optation, the article suggests this shift reflects a deeper reconfiguration of sexual politics, where citizenship norms and practices are increasingly infused with a chillingly punitive and deathly logic.     

Queering State Crime Theory: The State,Civil Society and Marginalization

This article argues that criminology desperately needs to look at the ways in which states marginalize and persecute lesbian, gay, bisexual, trans* and queer (LGBTQ) identities. It critically examines the ways in which states reproduce hegemonic dictates that privilege those who adhere to gendered heterosexual norms over all others. This article further considers how the application of state crime theories, in particular Michalowski’s (State crime in the global age, pp. 13–30, Devon, Willan, 2010) tripartite framework, might further foreground the responsibility of the state in protecting LGBTQ identities. Examples of how this framework could be applied are given, with the case study of criminalization of same sex relations being focused on in depth. The article concludes by positing four key points to be considered in any analysis that attempts to critique the role of the state in the perpetuation of heterosexual hegemony.     

The Priority of Politics and Procedure over Perfectionism in Penal Law, or, Blackmail in Perspective

Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is not the moral argument that blackmailers culpably cause harm, but the political argument that blackmailers threaten the state’s claimed monopoly on punishing crime.     

Law,the State,and the Dialectics of State Crime

Drawing on material from a study of civil society and state crime in six countries, this article reflects on two themes from Chambliss’s work: the debate between state-centred and more pluralistic views of law, and the “dialectical” approach to the analysis of state crime. It argues for a more pluralistic approach to law than Chambliss and Seidman adopted in Law Order and Power, along with a broader approach to the definition of state crime as a form of deviant behaviour. Case studies from the civil society research illustrate how the strategies adopted by organizations challenging state practices can be understood in terms of an interplay between different forms of law. With some qualifications, we support Chambliss’s dialectical approach, and attempt to clarify just what the term “dialectical” means. Finally we bring together the two strands of the argument to propose an approach to state crime founded on “dialectical legal pluralism”.     

The Law‐Before: Legacies and Gaps in Penal Reform

This article introduces the law‐before as an analytic tool for enhancing explanations of legal reform. Based on an integration of neo‐institutional law and organizations studies and punishment studies of local variation in penal policy, I define the law‐before as the past organizational practices and power arrangements that precede law‐on‐the‐books and shape present day implementation. I utilize the law‐before as a heuristic to investigate the legacy effects of variations in local practice on the implementation of the prison downsizing law, AB 109, or “Realignment,” in California. I analyze organizational documents produced by county practitioners in the aftermath of AB 109's enactment in 2011 as empirical windows into how actors shape the meaning of law in local settings. I find that practitioners in counties with divergent historical imprisonment patterns enact four processes (overwriting or underwriting law, selective magnification, and selective siting) to arrive at distinct interpretations of AB 109 as mandating system‐wide decarceration or the relocation of incarceration from state prisons to county jails. Although my data do not speak to the ultimate implementation of AB 109, the processes revealed have practical implications for the reform goal of decarceration by rationalizing distinct resource allocations at an early stage in the implementation process.