Some uses and misuses of research for criminal justice policy development and utilization

Criminal justice research has been extensively critized In recent years for its may shortcomings. Problems In its use appear to focus around three major areas of effort: Policy-makers, research managers, and professional researchers. This paper reviews what are seen as some of the major obstacles to quality criminal justice research in each of these areas of contemporary concern. Then, a number of suggestions are offered which are designed to improve the use of research for policy development and utilization in criminal justice.     

刑事政策执行方式研究——兼论宽严相济刑事政策的贯彻

中国刑事政策源远流长，因时因地不同而产生了不同的刑事政策，而各个刑事政策的执行方式也大相径庭，而其直接后果则是刑事政策执行的失败与成功。学界历来不缺对刑事政策本身的研究，但对刑事政策的执行方式却鲜有论述，本文分析了现存刑事政策执行方式的不足，提出了刑事政策执行在理论上存在的三种可能方式，并认为综合式执行方式是中国目前刑事政策执行方式的首选。     

沉默权与我国的刑事政策

沉默权最早源于英国,其法律本质就是不被强迫自证其罪或不被强迫自我归罪的特权.沉默权的确立与我国的"坦白从宽、抗拒从严"并不矛盾,运用得好,还会收到相得益彰之效果.沉默权并不排斥自顾原则;与警察的询问权也不矛盾,反而有利于警察依法行使询问权.     

Police research technology: Functional relations between juvenile citations and criminal offenses

In a multiple-reversal time-series design, additional plainclothes youth guidance officers were assigned to patrol and to issue juvenile warning citations in one of two target areas during school hours on weekdays. The presence and activity of these officers resulted in modest but consistent reductions in the number of criminal incidents reported in the target area. An untreated control area showed no consistent changes in the rates of criminal incidents. Issuance of juvenile citations appears to be a modestly effective crime control technology which may be implemented in a cost-efficient manner.     

试论刑事政策与国际刑法的关系

刑事政策是对犯罪有组织的反应,国际刑法以研讨国际犯罪为己任,对国际犯罪的研究需要以刑事政策为视角。本文通过分析刑事政策的含义及其国际化特征与国际刑法的发展方向,在刑事政策的视野下,揭示国际刑法的发展趋势——刑事政策的国际刑法化与国际刑法的刑事政策化,进而把握刑事政策与国际刑法两者的契合性。     

The use of simulation in criminal justice policy evaluation

The criminal justice system is administered at the local level by many independent agencies and departments, often without regard to each other's objectives and often at the expense of overall effectiveness. This study has attempted to relate the primary system goal of crime control to a set of policy alternatives distributed over each criminal justice sector. Specifically, a simulation model based on the techniques of “industrial dynamics” was developed to evaluate combinations of the following policies: speedy trial, no plea bargaining, and restricted bail. Data obtained from the District of Columbia's criminal justice agencies were used to validate the model. The results of the analysis indicate that the system is basically insensitive to small perturbations, but is susceptible to disruption from large changes in input and procedure. Under the given set of assumptions, continuation of current practices will lead to a gradual deterioration in performance that can only be stemmed by large expenditures on manpower and facilities.     

论犯罪研究的基本角度

科学的研究必须立足于科学的角度。犯罪研究的基本角度是:具有整体性、层次性与最优化的“一个系统”;社会现象与人的行为的“两个侧面”;犯罪原因、犯罪表现与犯罪防治的“三个部分”;纵与横、老与新、虚与实、正与反的“四个结合”。     

论贪污贿赂犯罪的刑事政策

本文阐述了贪污贿赂犯罪刑事政策的概念、特点、制定依据,并在实证研究的基础上提出,我国现行的贪污贿赂犯罪刑事政策主要有依法从重从严;一要坚决,二要慎重,务必搞准;狠抓大要案;打击与预防相结合.在对它们进行检讨之后,指出"依法从重从严"应调整为"严而不厉";"一要坚决,二要慎重,务必搞准"应重新厘清其内涵;"狠抓大要案"予以谨慎地保留,但必须统筹兼顾,处理好大要案与小案的关系;"打击与预防相结合"应明确为"预防为主,打击为辅",预防格局应从司法预防调整为社会预防.     

Co-offending between criminal enterprise groups

Rather than examining networks of individuals as prior research has done, this study systematically examines the structure and composition of co-offending among types of criminal enterprise groups. Using social network analysis, the authors show that different types of crime groups tend to have unique co-offending patterns as measured by network composition and structure. The results also support the countercurrent of criminologists who suggest that ethnically derived categories may be misleading when trying to classify criminal enterprise groups.     

Predicting criminal recidivism: A research note

Criminal justice researchers often develop prediction instruments as a practitioner tool for improving the allocation of resources in community corrections administration. Although best practices have emerged for developing predictions, those best practices lead to predictions that fail to distinguish risk factors from control and correctional responses to risk. The consequence is that predictions fail to predict what they purport to predict, and this limits the utility of those predictions for public policy. This note argues that when properly done, predictions pertain to a latent, unobservable population. Given that perspective, some best practices advocated for prediction should be abandoned, and new best practices should be adopted.     

"严打"方针的刑法学思考

“严打”作为我国的一项刑事政策 ,在宏观上与刑法是灵魂与肉体的抽象关系 ;微观上 ,“严打”是刑法的阶级性和社会性的体现 ;“严打”符合犯罪的本质特征 ;“严打”与刑法的基本原则具有内在的一致性 ;“严打”是现代刑罚理念的应有之义。在司法实践中 ,应当突出强调“严打”方针中的“依法”要素。只有提倡并贯彻“依法严打” ,才能充分实现上述的“严打”所蕴涵的刑法精神和价值。     

Problems of reliability and validity in criminal justice research

Reliability and validity are critical standards of scientific inquiry. This analysis directs attention to problems of reliability in data collection and to problems of validity in measuring two key criminal justice variables: the offense and the sentence. The discussion and empirical analysis indicate that reliability of official information sources in criminal justice cannot be assumed. Furthermore, there is evidence to suggest that the criterion of validity is even more elusive. This elusiveness is demonstrated in the operational definition of criminal offense, an important predictor variable, and in attemps to operationally define the criminal sanction, i.e., the disposition of charges against convicted defendants. These considerations suggest that research in the sentencing area may not be directed to the subject at hand and that research results should be interpreted with “scientific” caution.     

Data sources in Chinese crime and criminal justice research

This paper reviews major criminological data collected in China over decades. Very few quantitative criminological data-sets are available to international and comparative scholars because of the sensitivity of the topic. Studies have been scattered and intertwined in other areas of study, such as law. However, several major projects have been conducted, although they may not be widely known to the international research community. The paper describes and analyzes the major projects in terms of their designs, samples, and measures. It also assesses their nature, scope, and utility that may be informative for further research on crime and justice in China.

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Teaching scientific integrity and research ethics

Cases of misconduct in scientific research have enforced a lively public and scientific discussion. The international scientific community has been engaged during the last years in the search for adequate responses to fraud and misconduct. Most of the new guidelines emphasize the responsibility of researchers and scientific institutions for preventive measures; the teaching of research ethics should be included in undergraduate and postgraduate academic education. At the Universities of Ulm and Marburg members of the 'Study group Ethics in Medicine' are developing a teaching program in Research Ethics. They now offer courses: teaching in small groups (7-15 participants) with structured case discussions. These courses are not mandatory. The first steps in the development of the teaching program for young scientists in medicine, biology, chemistry, and physics have been taken. The fields of conflicts in these different fields of science are very similar. We offered five case discussion sessions with mixed groups (postgraduate students, postdocs, head of departments) and the first results are very positive: high acceptance, high motivation, high demand for next courses.