Crime and Punishment in Sweden: Historical Criminal Justice Statistics 1750–2000

The article is a summary of a book in Swedish on the development of crime (that is, violence and theft) and punishment in Sweden in a historical perspective. The data stem mostly from conviction statistics. Following a discussion of the reliability of conviction statistics, trends in these statistics are described and various criminological explanations for these trends are discussed.     

Trends in the Reaction on Crime in Criminal Justice Systems in Europe in 1990–2007: A Comparison of Four European Regions

Recorded crime and prison populations seem to be increasing in Europe. Some explanations for this situation can be related to changes in the reaction on crime by the Criminal Justice Systems. The information collected in the European Sourcebook of Crime and Criminal Justice Statistics (ESB) provides a good opportunity to look in more detail at the changes in the various stages of the Criminal Justice Systems in more than 40 European countries over the period 1990 to 2007. In this study we look mainly at the changes over time of recorded crimes, the offender ratio, the conviction ratio and punitivity in Europe where the countries are clustered into four regions: North/West, South, Central and East Europe. It was found that the increase in the number of recorded drug crimes and a possible higher priority for violent crimes could help explain the increase in recorded crimes during the last two decades. The Criminal Justice Systems in Europe, with some differences between regions within Europe and despite not having more police resources, succeed in finding more offenders. The conviction ratio appeared to be increasing as well, mainly in Central Europe. While punitivity for Europe as a whole is stable, there are vast differences in the levels and trends between the regions.     

Exercising control and gathering information: the functions of interpellations in Hungary (1990–2014)

The article investigates the factors shaping the number and content of interpellations, a form of parliamentary questions by members of parliament (MPs) in post-regime change Hungary. Four theoretical propositions regarding the functions of interpellations are examined in this context: political control; policy-oriented information seeking; parliamentary group leadership; and constituency service. A new database of 4096 observations for the period between 1990 and 2014 is compiled in order to analyse these hypotheses. Computer-assisted content analysis techniques and count data regressions are used to describe the text of interpellations in terms of their geographical and policy content. Results show that opposition MPs interpellate more, whereas representatives of single-member districts and regional lists interpellate less than their peers. Representatives from single-member districts and regional lists make more reference to local issues in general, but not to their own district or county. Finally, policy specialisation increases the likelihood of submitting pertinent parliamentary questions.     

‘Criminal families’ and the court: co-offending in Amsterdam, 1897–1902

This article focuses on a specific aspect of the history of crime: co-offending (offending with one or more accomplices) in a family setting at the end of the nineteenth century. The aims of this article are to analyze how genders interacted in a criminal setting and to show a possible bias in the court's decision to prosecute ‘criminal families’, either in relation to the people involved or to the environment in which the crime was committed. This article also questions the relevance of the concept of the civilizing mission in a court setting towards ‘criminal families’ and compares it with the reality of the court's work. The study is based on the archives of Amsterdam's Arrondissementsgerecht between 1897 and 1902. This court was in charge of trying criminal offences committed in Amsterdam and its surrounding area (a semi-urban environment within a 25-kilometre radius) according to the 1886 Dutch code of laws. Urban and semi-urban co-offending criminal rates in Amsterdam and its surrounding area are compared, as well as gender patterns and class origins in relation to the crimes committed, in order to highlight a possible prejudice towards working-class offenders. The analysis reveals a high rate of co-offending in female criminality and more gender interactions in the urban environment. However, the results also show that, despite a general anxiety towards working-class families and rising crime rates, magistrates were not more inclined to prosecute them. The family situation was taken into account before trials, and semi-urban families were not treated more leniently than urban families.     

Violent crime in Russia and the United States: 1990–1996

In spite of significant press attention to the dimensions of the crime problem in Russia during the 1990s, the scholarly literature on crime in Russia remains limited. In an attempt to address this limitation, this paper examines trends in violent crime in Russia during the period 1990–1996. To place the data in a comparative framework, we also examine data on reported violent crime in the United States during this period. Findings indicate the persistence of dramatically higher homicide rates in Russia, dramatic increases in reported robbery and aggravated assault rates, yet declines in rape rates. With the exception of homicide, violent crime rates remained below those in the U.S. We discuss implications of the findings and suggest additional research.     

Treatment as punishment: Forensic psychiatry in The Netherlands (1870–2005)

This article provides an overview of the development of forensic psychiatry in the Netherlands from the late nineteenth to the early twenty-first century. The first part addresses the ways forensic psychiatry established itself in the period 1870–1925 and focuses on its interrelatedness with forensic practice, psychiatry's professionalization, the role of the government, the influence of the so-called New Direction in legal thinking and (Italian and French) anthropology of crime, and the debates among physicians as well as between psychiatrists and legal experts on the proper approach of mentally disturbed offenders. From the mid-1920s on the so-called ‘psychopaths laws’ anchored forensic psychiatry in the Dutch legal system. The second part zooms in on the enactment of these laws, which formalized special measures for mentally disturbed delinquents. These implied a combination of sentencing and forced admission to and treatment in a mental institution or some other form of psychiatric surveillance. The article deals with the meaning, reach and consequences of this legislation, its debate by psychiatrists and legal experts, the number of delinquents affected, the offenses for which they were sentenced and the (therapeutic) regime in forensic institutions. The goal of the Dutch legislation on psychopaths was ambiguous: if it was designed to protect society against assumed dangerous criminals, at the same time they were supposed to receive psychiatric treatment to enable their return to regular social life again. These legal and medical objectives were at odds with each other and as a result discussions about collective versus individual interests as well as about the usefulness and the effects of this legislation kept flaring up. To this day the history of this legislation is characterized by the intrinsic tension between punishment and security on the one hand and treatment and re-socialization on the other. Whether at some point one or the other prevailed was largely tied to the social climate with respect to law, order and authority.     

Crime and punishment in Russia and the United States: 1990–1998

Since the collapse of the Soviet Union in 1991, dramatic sociopolitical changes have affected the ability of the Russian criminal justice system to effectively process violent crimes. This paper compares the police and court processing of selected violent crimes in Russia and the United States during the period 1990–1998. Using data from the Russian Ministry of Internal Affairs and the U.S. Bureau of Justice Statistics, we examine the disposition of homicide, rape, robbery, and aggravated assault (i.e., serious bodily injury) cases in both countries during this period. Our findings indicate that while arrests and rates of homicide, robbery and aggravated assault decreased in the U.S. during this period, they increased in Russia. On the other hand, rape rates and arrests decreased in both countries during this period. Conviction rates as well as the percentage of defendants sentenced to prison in Russia were both higher than in the U.S. for each of the offenses studied during this period. We discuss implications of the findings and suggest additional research.     

Homicide of children and adolescents in Mexico (1990–2013)

The trends and correlates of child and juvenile homicide rates in three developmental age groups (0-5, 6-11, and 12-17) during 1990–2013 in Mexico are examined by using vital statistical data. Homicide rates for adults and children were calculated yearly and the place where homicides occurred and the means used to commit homicide examined. Changes and continuities in homicide rates during 2002–2007 and 2008–2013 and their association with socio-economic, status of women, public security efforts, and firearm availability variables were studied. Homicide rates increased rapidly for adults and children in 2008 as did the rates in which a firearm was used. Rates for adults and children 0–5 years were particularly correlated. In some states, the youngest children’s rates increased by 75% or more than the rates for adults. High-increase states for younger children were closer to the U.S. border, were farther from abortion services, and had growing rates of female-headed households.     

The parliamentary activity of the head of government in Ireland (1923–2000) in comparative perspective

This article examines the parliamentary activity of the head of government in Ireland in selected years from 1923 to 2000 and compares the findings with previous studies of the British and Canadian systems. The results show that, similar to the UK and Canada, there is variation in the level of parliamentary activity in Ireland from one head of government to another. However, contrary to the British and Canadian experience, in the Irish case the data show that the head of government's overall level of parliamentary activity has generally increased over time. In short, Irish heads of government are not necessarily more active than their contemporary British and Canadian counterparts. However, in a number of respects they are certainly more active than their Irish predecessors used to be. These findings suggest that there is now a greater degree of indirect accountability in the Irish system than was previously the case.     

Cartels and regulation: effects on prices and real sales in sweden (1976–1990)

We estimate the effects of competition and regulatory policies on prices and real sales in Sweden during the period 1976?C1990. We find evidence supporting the hypothesis that prices were higher on average in those markets affected by horizontal collusion, and therefore lower real sales. Market concentration and lower foreign trade are significantly associated with higher prices. We also observe how prices (output) tend to rise (fall) around cartel formations and fall (rise) around cartel termination as theories of cartels suggest.     

Godparenthood: driving local solidarity in Northern France in the Early Modern Era. The example of Aubervilliers families in the sixteenth–eighteenth centuries

This article studies the choice of godparents in Aubervilliers, a French catholic rural parish near Paris, during the Early Modern Era. At the turn of the sixteenth century, godparenthood essentially served to extend social ties. Vertical godparenthood was quite visible, at least with regards to ‘elite’ local residents. The shift toward kin godparenthood happened over the long term, with a clear acceleration in the second half of the eighteenth century. A second evolution was the result of the Council of Trent. In the north of France, shifts from the ternary model of godparenthood to the godmother/godfather system at the beginning of the seventeenth century increased the proportion of elites amongst the godparents selected. This would indicate a strengthening of the clientele model of godparenthood in the seventeenth century, as suggested by Alfani's works on Italy. Finally, godparenthood was gender-sensitive. In the sixteenth and seventeenth centuries, godmothers from the maternal side were greater in number than those from the paternal side, while godfathers from the paternal side were greater in number that those from the maternal side. Above all, the sex of the christened child took on a decisive dimension at the time when choices became more family-focused in the eighteenth century. This new consideration of the child's gender would seem to indicate a shift in the concept of the tie created at the time of the baptism. The intergenerational link between godchildren and godparents would take on new significance, in contrast to the relationship between parents and godparents that proved so crucial at the beginning of the Early Modern Era.     

Measuring Low Self-Control and Reactive Criminal Thinking in the NLSY–Child Sample: One Construct or Two?

The purpose of this study was to determine whether a behavioral rating measure of low self-control and an attitudinal measure of low self-control can be viewed as measuring the same construct. It was hypothesized that the externalizing scale of the Behavior Problems Index (BPI-Ext), which served as a behavioral rating measure of low self-control in the current study, would display greater similarity to a 6-item self-report of antisocial, but not necessarily delinquent, behavior (SR-AB) measure than it would a 6-item attitudinal self-report measure of low self-control, labeled the reactive criminal thinking (SR-RCT) scale. This study was conducted on a sample of 6280 children (3144 boys, 3136 girls) from the National Longitudinal Survey of Youth-Child (NLSY-C). A pair of confirmatory factor analyses revealed that the BPI-Ext and SR-RCT scales appeared to form two distinct constructs. In addition, the BPI-Ext correlated significantly better with the SR-AB than with the SR-RCT and the BPI-Ext and SR-AB achieved moderate negative correlations with measures of attention, concentration, achievement, and general aptitude, whereas the SR-RCT achieved small positive correlations. These results indicate that behavioral and attitudinal measures of low self-control are measuring different constructs, the former impulsive behavior and the latter reactive criminal thinking.     

A Comparative Study of Employment Adjustment in Chinese Enterprises (1986–1990)

Structural change and competition are profoundly affecting the way labor markets work in China, especially in rural areas. The rapid growth of jobs in township and village enterprises during the 1980s was forged largely by market forces and with little government oversight. Similar pressures are now playing an increasing role in urban markets, but the difficulties of state enterprises have made the transition more difficult. The inflexibility of the urban labor market has several negative effects on the performance of urban enterprises, especially SOEs. One of the problems it creates is over-staffing in SOEs, which is largely due to their failure to adjust employment with respect to efficient labor demand. The massive lay-offs that took place since 1995 demonstrate the seriousness of the over-staffing problem in the state sector of China's industry. Government officials estimate that 15 to 20 percent of state enterprise employees could be released from their companies without affecting output. This study investigates the differences in the speed of employment adjustment between state, collective, and township-village enterprises in China. Using panel data from a sample of Chinese enterprises during 1986-1990, our empirical results indicate that the speed of adjustment in production workers might be the slowest in the state-owned enterprises.     

Equity in English Contract Law: the Impact of the Judicature Acts (1873–75)

Just before the Judicature Acts came into force, the equity bar objected that the new court would be dominated by common law judges, whose ignorance of equity would ‘endanger the very existence of Equity jurisprudence’. This objection, though ridiculed at the time, can be seen in retrospect to have had some substance. In respect of several important aspects of contract law, notably unfairness, mistake, and privity, former equitable approaches were, after 1875, effectively marginalized both by the courts and by the writers of treatises on English contract law.     

Changes in the Rules of the Lawmaking Process and the Success of Presidential Bills: Chile, 1990–2018

This article assesses the effect of changes in the lawmaking process on the success of the president’s legislative agenda, distinguishing between within-term success (bills that passed during the term) and overall success (including bills that passed after the president left office). With the 2064 presidential bills introduced in seven terms (1990–2018) in Chile’s presidential system, we assess the impact of changes in lawmaking rules on within-term (59.9%) and overall success (70.6%). Changes that decrease attributions of the president and create more opportunities for executive-legislative bargaining—including concurrent elections—increase the chances of success of presidential bills. The use of presidential urgency motions, an agenda-setting tool, makes bills more likely to pass, but the issuance of many urgency motions undermines the bill’s chances to succeed. Presidential bills introduced early in the term and those on issues where there is more policy convergence are more likely to pass.     

Lord Cooke of Thorndon (1926–2006): 51 Years in the Law

This article provides an in‐depth analysis of the landmark ‘cash for query’ judgment of the Constitutional Bench of the Supreme Court of India. The scope of parliamentary privileges in India, as well as in England and America, is examined, particularly with respect to the jurisdiction of the courts. The present position in the law of parliamentary privileges in India was laid down in the case of Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, &; Ors. The Supreme Court of India has extensively dwelled on the matter and has delivered a judgment, which is by far the most comprehensive decision in this field of law. The author notes in the analysis that the difference between the English and Indian constitutional systems is of crucial significance. The conflicts between the judiciary and parliament in England arose because of the sovereignty of parliament, and the judiciary had to fight for every inch of its jurisdiction in England. The judiciary had to contend with Parliament not only as a legislative body, but also by virtue of being the ‘High Court of Parliament’, as a superior court. Because of these reasons, the case law from British constitutional history does not have strict applicability in India. The decision of the Supreme Court of India in Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, &; Ors, is a clear expression of a very basic feature of the Indian constitutional mechanism: where the Constitution is the supreme law of the land, and all governmental organs, which owe their origin to the Constitution and derive their powers from its provisions, must function within its framework.     

Defending the Accused: The Impact of Legal Representation on Criminal Trial Outcomes in Victoria,Australia 1861–1961

Access to legal representation by accused felons was entrenched as part of the adversarial system from the early nineteenth century, but a substantial minority of defendants remained undefended at superior court level well into the twentieth century. Using a sample of criminal trials collected across a crucial hundred-year period that saw the development of incipient legal assistance schemes, this article seeks to examine what effect the presence of defence counsel had on individual trial results. It is shown that there was a significant association between defence status and a variety of outcomes, including pleas, verdicts, trial length, bail status and sentencing. This relationship was to some extent affected by the specific offence with which the accused was charged, but remains evident across various other factors, including defendant ethnicity, sex, occupation and age, and lawyer assigned to the case. The results suggest that representation was highly desirable for defendants throughout this period.     

Changing Typology of Organised Crime in a Post-Socialist Lithuania (the Late 1980s–Early 2000s)

This paper analyzes the dynamics of organised crime in post-socialist Lithuania. Three overlapping periods in evolution of organised crime are discerned. During the mid 1980s organised crime emerged with the attempts to liberalise the state socialism by legalizing cooperative and individual property as a basis for economic activities. By the early 1990s organised crime in Lithuania began to metamorphose from illegal manufacturing to opportunistic criminality associated with the privatisation of state property. Since the mid 1990s organised crime has again undergone change. It has entered what could be termed a maturation phase. This maturation was influenced by a number of factors including; the end of the privatization process, resumed growth of the economy, development of the legal and fiscal infrastructure to regulate a market economy, and increasing effectiveness and successes of policing in Lithuania [1] [1] Johnstone, Peter 2005. ‘Commissar-General Vytautas Grigaravièius, Lithuania national police’. Police Practice and Research, 5(4–5), September–December, pp. 357–370. . In this article the political, socio-economic, organisational and cultural factors that influenced the dynamics of change in organised crime are analyzed.