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1.
Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions
Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not
preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal
law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion,
of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty,
and of preventive orders. The paper will assess the implications of these changes for the function of the criminal law, assessing
the reasons behind them, and examining whether or not they are to be welcomed. Identifying the larger import of these changes
draws attention to the changing relationship between state and citizen as well as changes in the nature of the state itself.
These can in turn be attributed to a jostling among the different manifestations of the authoritarian state, the preventive
state, and the regulatory state. These changes have profound normative implications for a liberal theory of the criminal law
that require its re-articulation and its defence. A modest start may be to insist that where the conduct is criminal and the
consequences are punitive the protections of criminal procedure and trial must be upheld.
相似文献
Lucia ZednerEmail: |
2.
Does Incapacitation Reduce Crime? 总被引:1,自引:0,他引:1
Questions and answers about incapacitation abound in all discussions about criminal justice policy. They are among the most
pressing of all research issues, yet estimates about the incapacitation effect on crime vary considerably, and most are based
on very old and incomplete estimates of the longitudinal pattern of criminal careers. This paper provides an overview of the
incapacitation issue, highlights information on recent estimates of criminal careers that are useful to the incapacitation
model, and outlines an ambitious research agenda for continued and expanded work on incapacitation and crime that centers
on developing better estimates of the characteristics of criminal careers and their relevance to policy choices.
相似文献
Alex R. PiqueroEmail: |
3.
This paper examines the structure and modus operandi of South Asian criminal organisations operating in the UK. It is based
on empirical research conducted between 2005 and 2006 among prisoners sentenced for drug offences, a number of drug distributors
operating in the market, and observers with a knowledge of the drugs business working for the police force or for rehabilitation
services. First, the paper offers an overview of the debate on organised crime, and after a methodological note, the research
findings are utilised to propose a typology. Hypotheses are formulated around the illicit drug enterprises involved in British
markets. Finally, the implications for law enforcement with respect to these enterprises are discussed.
相似文献
Vincenzo RuggieroEmail: |
4.
Mireille Hildebrandt 《Criminal Law and Philosophy》2008,2(2):163-180
In this contribution we will explore some of the implications of the vision of Ambient Intelligence (AmI) for law and legal
philosophy. AmI creates an environment that monitors and anticipates human behaviour with the aim of customised adaptation
of the environment to a person’s inferred preferences. Such an environment depends on distributed human and non-human intelligence
that raises a host of unsettling questions around causality, subjectivity, agency and (criminal) liability. After discussing
the vision of AmI we will present relevant research in the field of philosophy of technology, inspired by the post-phenomenological
position taken by Don Ihde and the constructivist realism of Bruno Latour. We will posit the need to conceptualise technological
normativity in comparison with legal normativity, claiming that this is necessary to develop democratic accountability for
the implications of emerging technologies like AmI. Lastly we will investigate to what extent technological devices and infrastructures
can and should be used to achieve compliance with the criminal law, and we will discuss some of the implications of non-human
distributed intelligence for criminal liability.
相似文献
Mireille HildebrandtEmail: |
5.
Michael T. Cahill 《Criminal Law and Philosophy》2009,3(1):79-95
Criminalizing arson is both easy and hard. On the substantive merits, the conduct of damaging property by fire uncontroversially
warrants criminal sanction. Indeed, punishment for such conduct is overdetermined, as the conduct threatens multiple harms
of concern to the criminal law: both damage to property and injury to people. Yet the same multiplicity of harms or threats
that makes it easy to criminalize “arson” (in the sense of deciding to proscribe the underlying behavior) also makes it hard
to criminalize “arson” (in the sense of formulating the offense(s) that will address that behavior). This article asks whether
adopting one or more arson offenses is the best way for criminal law to address the conduct in question, or whether that conduct
is more properly conceptualized, criminalized, and punished as multiple distinct offenses.
相似文献
Michael T. CahillEmail: |
6.
Alec Walen 《Criminal Law and Philosophy》2009,3(1):71-78
Doug Husak frames a worry that makes sense in the abstract, but in reality, there is not much to worry about. The thesis that
intentions are irrelevant to permissibility (IIP) is a straw man. There are reasons to think that the moral significance of
intentions is not properly registered in criminal law. But the moral basis for criticism is not nearly as extreme as the IIP,
and the fixes are not that hard to make. Lastly, if they are not made, some people may not get the punishments they deserve,
and there will be some extra inequities in the criminal law as a result. But these inequities are not so great that change
must be made now. The moral categories that are used may be too crude, but they are also familiar and easy to work with, and
that counts for something.
相似文献
Alec WalenEmail: |
7.
Douglas Husak 《Criminal Law and Philosophy》2008,2(2):99-122
I take it as obvious that attempts to justify the criminal law must be sensitive to matters of criminalization—to what conduct
is proscribed or permitted. I discuss three additional matters that should be addressed in order to justify the criminal law.
First, we must have a rough idea of what degree of deviation is tolerable between the set of criminal laws we ought to have
and the set we really have. Second, we need information about how the criminal law at any given time and place is administered,
since the law in action is bound to differ radically from the law on the books. Finally, we must have some basis for speculating
what life would be like in the absence of a system of criminal justice—if the state ceased to impose punishments.
相似文献
Douglas HusakEmail: |
8.
Giuseppe Eusepi 《European Journal of Law and Economics》2008,26(3):253-265
Seeking a grounding in Buchanan (Cost and choice: an inquiry in economic theory, 1969) subjective theory of opportunity cost,
this paper sets out to fix a notional locus of the law in order to determine the cost of law enforcement. The paper also explores
the impact of unlawful activities on the economy and analyses the evolution of individual criminal activities in collective
criminal organizations such as the mafia.
相似文献
Giuseppe EusepiEmail: |
9.
The prosecution of Chinese organized crime groups: the Sister Ping case and its lessons 总被引:1,自引:1,他引:0
This article analyzes the investigation and prosecution of contemporary Chinese criminal organizations through the study of
one major human smuggling case: the trial of “Sister Ping.” Data were obtained from media reports, court documents, and from
interviews with parties familiar with the case. It is argued that modern human smuggling groups such as the one run by Sister
Ping are informal and decentralized organizations against which the RICO statute may be of little use.
相似文献
Andrew J. SeinEmail: |
10.
Vera Bergelson 《Criminal Law and Philosophy》2009,3(1):19-28
In this article, I confront Garvey’s argument that a weak-willed individual deserves partial excuse for trying to resist a
strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance
and commits the crime. I attempt to refute Garvey’s argument on two counts: one, I question whether the law should indeed
provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come in the form
of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey’s offender’s circumstances
that makes him less blameworthy for the crime he committed. A court may choose to treat such an offender more leniently but
it should not be mandated to do so.
相似文献
Vera BergelsonEmail: |
11.
Alexandra V. Orlova 《Trends in Organized Crime》2008,11(2):99-134
The dangers stemming from organized crime have been widely acknowledged in the academic literature, government reports, as
well as in popular discourse. This article focuses on the legislative efforts to define “organized crime” undertaken in Russia
and Canada. Neither country has yet devised a satisfactory legislative definition of the varied phenomenon that is organized
crime. Definitions in both jurisdictions are problematic due to their sweeping scope and insufficient delineation of a zone
of risk for the accused as well as law enforcement officials. However, striking a proper balance between security concerns
and human and civil rights in both countries will be problematic due to constant political pressure to “get tough on crime”
as well as due to the amorphous nature of the phenomenon of organized crime.
相似文献
Alexandra V. OrlovaEmail: |
12.
Paul Nieuwbeerta Daniel S. Nagin Arjan A. J. Blokland 《Journal of Quantitative Criminology》2009,25(3):227-257
Using data from the Netherlands-based Criminal Career and Life-course Study the effect of first-time imprisonment between
age 18–38 on the conviction rates in the 3 years immediately following the year of the imprisonment was examined. Unadjusted
comparisons of those imprisoned and those not imprisoned will be biased because imprisonment is not meted out randomly. Selection
processes will tend to make the imprisoned group disproportionately crime prone compared to the not imprisoned group. In this
study group-based trajectory modeling was combined with risk set matching to balance a variety of measurable indicators of
criminal propensity. Findings indicate that first-time imprisonment is associated with an increase in criminal activity in
the 3 years following release. The effect of imprisonment is similar across offence types.
相似文献
Paul NieuwbeertaEmail: |
13.
Space, time and function: intersecting principles of responsibility across the terrain of criminal justice 总被引:2,自引:2,他引:0
Nicola Lacey 《Criminal Law and Philosophy》2007,1(3):233-250
This paper considers the interpretive significance of the intersecting relationships between different conceptions of responsibility
as they shift over space and time. The paper falls into two main sections. The first gives an account of several conceptions
of responsibility: two conceptions founded in ideas of capacity; two founded in ideas of character, and one founded in the
relationship between an agent and the outcome which she causes. The second main section uses this differentiated conceptual
account to analyse and interpret certain aspects of the contemporary criminal law of England and Wales. In conclusion, the
paper considers a number of hypotheses about what the evidence of certain shifts in the relationship between the three families
of responsibility-conception can tell us about the current state and significance of criminal law among other systems of social
governance.
相似文献
Nicola LaceyEmail: |
14.
The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been
few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample
of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research
based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published
since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have
been applied, identify the limitations of the research to date, and offer suggestions for future research.
相似文献
Yue Zhuo (Corresponding author)Email: |
Steven F. MessnerEmail: |
Lening ZhangEmail: |
15.
16.
Christopher Hutton 《International Journal for the Semiotics of Law》2009,22(3):279-292
This paper considers the tension between timelessness and timeboundedness in legal interpretation, examining parallels between
sacred texts and secular law. It is argued that familiar dualities such as those between statute and judge-made law, law and
equity, written and spoken discourse, dictionary meaning versus intended or contextual meaning, can be examined using this
timeless/timebounded framework. Two landmark English cases, DPP v Shaw (1961) and R v R (1991) are analyzed as illustrating contrasting aspects of the socio-legal politics of “reasoning backwards”. The related
temporal distinction between ex ante and ex post points of view is examined both within legal theory and as a key issue for linguistic and semiotic systems. The argument
is made that this distinction is the key to a wide range of methodological and theoretical problems in relating linguistics
and semiotics to law.
相似文献
Christopher HuttonEmail: |
17.
Charls Pearson 《International Journal for the Semiotics of Law》2008,21(3):247-296
This paper shows how Peirce's semeiotic could be turned into a powerful science. The New Science of Semiotics provides not
only a new paradigm and an empirical justification for all these applications, but also a rational and systematic procedure
for carrying them out as well. Thus the New Science of Semiotics transforms the philosophy of law into the science of legal
scholarship, the discipline that I call jurisology.
相似文献
Charls PearsonEmail: |
18.
Douglas Husak 《Criminal Law and Philosophy》2009,3(1):51-70
I attempt to describe the several costs that criminal theory would be forced to pay by adopting the view (currently fashionable
among moral philosophers) that the intentions of the agent are irrelevant to determinations of whether his actions are permissible
(or criminal).
相似文献
Douglas HusakEmail: |
19.
Allan Castle 《Trends in Organized Crime》2008,11(2):135-156
This article explores the possibility of measuring the impact of law enforcement on organized crime in a reliable and accountable
manner, both in general terms and with a practical focus on the Canadian context. In considering measures to combat organized
crime, a focus on process measurement has obscured the more substantial question of progress as regards the dependent variable
itself: the bottom line of reducing the impact of organized criminal behaviour. While outcome measures are more challenging
to identify than process measures, this fact alone does not minimize the need to demonstrate the connection between organized
crime enforcement and its presumed outcomes to a greater degree of certainty. To date, this has not been realized to any significant
degree, as revealed by a review of existing international approaches to measuring the impact of enforcement activity. The
article argues that a multidisciplinary focus on community level indicators of crime, if initially less accessible than process
measures of impact on organized crime groups, offers promise as a measurement of absolute and relative impact of state investment
in enforcement.
相似文献
Allan CastleEmail: |
20.
Using social network analysis (SNA), we propose a model for targeting criminal networks. The model we present here is a revised
version of our existing model (Schwartz and Rouselle in IALEIA Journal, 18(1):18–14, 2008), which itself builds on Steve Borgatti’s SNA-based key player approach. Whereas Borgatti’s approach focuses solely on actors’
network positions, our model also incorporates the relative strength or potency of actors, as well as the strength of the
relationships binding network actors.
相似文献
Tony (D.A.) Rouselle |