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JOHN HAGAN  SCOTT GREER 《犯罪学》2002,40(2):231-264
Turk's conflict theory of political criminality is used to account for the virtual cessation of international criminal law enforcement following the Nuremberg Tribunal and its revival through the establishment of The Hague Tribunal for the former Yugoslavia and Rwanda. Turk's theory further helps to contextualize the little known contribution of Sheldon Glueck to the development of the Nuremberg Trials. Glueck helped overcome Soviet wishes to turn Nuremberg into a show trial and developed the organizational plan for the visual and witness evidence of the Holocaust that led to the most important convictions for crimes against humanity in the Nuremberg Trials. The contributions of Glueck and Turk provide an underappreciated foundation for the criminological study of war crimes and crimes against humanity.  相似文献   

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COMPARING CRIMINAL CAREER MODELS   总被引:1,自引:0,他引:1  
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A stochastic model of criminal careers embodying the assumptions of Gottfredson and Hirschi (1986, 1988) is used as a tool to examine the arguments and claims that have been raised in the recent debate over the nature of criminal careers. The model is used to fit aggregate career data in different jurisdictions and to explain racial and sex patterns in recidivism data. Some of the arguments that have been deployed on both sides of this debate are shown to lack validity. Nullius in verba. —Motto of the Royal Society  相似文献   

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刑法契约化   总被引:4,自引:0,他引:4       下载免费PDF全文
储槐植 《中外法学》2009,(6):805-809
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Two theoretical approaches tend to dominate the literature on the manner in which exoffenders reintegrate into society. These are the structural and subcultural models. The structural model (Merton, 1938; Cloward and Ohlin, 1960: Ohlin, 1970) posits that closing of the legitimate opportunity structure leads to secondary deviation and it also traces initial criminality to a discrepancy between means and ends for achieving success goals. The subcultural model (Cohen, 1955; Pownall, 1969) views the primary factors explaining the failure of the exoffender to adjust to society as influences exerted by the criminal subculture. These have traditionally been treated as competing theoretical models. The research reported here sought to evaluate these two approaches and to combine them in an applied framework called differential integration. Data on 874 exoffenders provided with job placements during 1976 show that structural variables tended to differentiate the employment outcomes of exoffenders much more than subcultural variables and that there is partial support for the differential integration concept .  相似文献   

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A “political model” of crime and punishment is described and the utility of this model is explored in the light of depth interviews with incarcerated offenders. It is suggested that the average offender brings to prison political socialization experiences which have resulted in alienation but not ideological estrangement from the political order. It is further suggested that politicizing processes in prison, coupled with the failure of rehabilitative efforts, have mode the political model acceptable to a large proportion of offenders. this model is not acceptable to prison administrators, however, and the result is increasingly that administrators and clients are operating from conflicting paradigms.  相似文献   

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In April 2003, the face of Canada's youth criminal justice system changed considerably. The Young Offenders Act (YOA) was repealed and the substitute legislation, the principle-laden Youth Criminal Justice Act (YCJA), came into effect. It is not an entirely new act but was designed to build on the strengths of the YOA and address its weaknesses. The biggest criticism of the YOA was its lack of clear legislative direction; through the numerous principles and additional provisions, the YCJA proposes a remedy. The focus of this article is on two areas of the Act in particular, extrajudicial measures and sentencing, as these areas experienced the most change in the process of reforming the legislation. Specifically, these sections of the Act are analyzed in relation to four of the perceived problems under the YOA, all of which tie into the lack of clear legislative direction. If the provisions contained in these segments of the YCJA are adhered to in the manner and sentiment intended and if the principles are made a priority, then 1) the rate of youth incarceration in Canada should decrease, 2) the courts should no longer be overused, 3) there should be proper distinction between various degrees of seriousness of crimes, and 4) there should be more consistency in youth sentences across the country.  相似文献   

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This research examines the punishment decisions of 166 respondents, 36 of whom are employed in criminal justice occupations. Comparison of the decisions of criminal justice respondents and non-criminal justice respondents provides a test of two constructs in equity theory: inequity between offenders and victim and inequity between offender and accomplice. Results strongly, support the first construct and equivocally support the second.  相似文献   

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Much of the research focusing on conventional occupations concludes that mentored individuals are more successful in their careers than those who are not mentored. Early research in criminology made a similar claim. Yet contemporary criminology has all but ignored mentors. We investigate this oversight, drawing on Sutherland's insights on tutelage and criminal maturation and incorporating ideas on human and social capital. We argue that mentors play a key role in their protégés' criminal achievements and examine this hypothesis with data from a recent survey of incarcerated adult male offenders in the Canadian province of Quebec. In this sample, a substantial proportion of respondents reported the presence of an influential individual in their lives who introduced them to a criminal milieu and whom they explicitly regarded as a mentor. After studying the attributes of offenders and their mentors, we develop a causal framework that positions criminal mentor presence within a pathway that leads to greater benefits and lower costs from crime.  相似文献   

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W. WILLIAM MINOR 《犯罪学》1980,18(1):103-120
A previously untested proposition from Sykes and Matza's neutralization theory is that certain types of offenders will favor certain types of neutralizing excuses. Murderers, for example. may tend toward denial of responsibility or denial of the victim. A competing hypothesis, derived from Hindelang's challenges to neutralization and drift theories, is that offenders would favor excuses keyed to offenses similar to their own. Robbers, for example, may favor excuses for robbery over excuses for other offenses. regardless of the content of the excuses themselves. The data presented in this article, based on o survey of inmates in four Florida prisons, fail to support either hypothesis. This may suggest that the two perspectives from which the hypotheses are derived are overly simplistic-that the nature of crime and delinquency is more subtle and complex than indicated by either the subcultural or antisubcultural theoretical traditions.  相似文献   

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我国与大陆法系犯罪论体系之比较研究   总被引:2,自引:0,他引:2       下载免费PDF全文
刘艳红 《中外法学》2004,(5):533-555
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当代刑法实践中的习惯法一种真实而有力的存在   总被引:5,自引:0,他引:5       下载免费PDF全文
杜宇 《中外法学》2005,(1):75-100
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