Assessing the interaction between offender and victim criminal lifestyles & homicide type

Purpose

This study examined the interaction between homicide victim and offender criminal lifestyles and the situational characteristics of homicides that occurred in the city of Newark, New Jersey from 1997 through 2007. Three research questions were explored: (1) what are the lifestyles exhibited by homicide victims and offenders; (2) are there different types of homicide actors (i.e., victim and/or offender) based on their criminal lifestyle; (3) do varying homicide actor (i.e., victim and/or offender) types influence the characteristics of homicide incidents?

Methods

Five hundred and thirteen homicide incidents was used to answer the three research questions. Hierarchical Agglomerative Cluster and Logistic Regression Analyses were employed to answer the research questions.

Findings

The findings showed that criminal lifestyles were indeed very common among homicide victims and offenders, and that they resemble each other. The findings also showed that there were two types of homicide victims and offenders, and that these types influenced the etiology of homicide incidents.

Conclusion

Overall, the results suggest that researchers and practitioners should take into account the criminal lifestyles of potential victims and offenders when tailoring homicide prevention strategies.     

Evidence of a gene x environment interaction in the creation of victimization: results from a longitudinal sample of adolescents

A large body of research has revealed that aggressive personality traits and violent criminal behaviors are influenced by genetic factors. Surprisingly, however, no research has been devoted to investigating the potential genetic origins to adolescent victimization. In the current study, the authors address this gap in the literature by using data from the National Longitudinal Study of Adolescent Health (Add Health) to examine whether different variants of the dopamine D2 receptor gene (DRD2) are related to victimization, net of the effects of environmental measures. The results of the multivariate models revealed a significant gene X environment interaction in the creation of victimization for White males. Specifically, DRD2 interacted with delinquent peers to predict victimization. The authors discuss the implications of these findings.     

Racial prejudice, perceived injustice, and the Black-White gap in punitive attitudes

Conflict theory and previous research suggest that the Black-White difference in support for harsh criminal punishments may be linked to anti-Black prejudice among Whites and perceived injustice among Blacks. Using survey data from the 2001 Race, Crime and Public Opinion Study, this article examines the sources of the racial gap in levels of punitiveness. Two main explanations are tested: perceived racial bias in the criminal justice system and racial prejudice. The results indicate that, together, racial prejudice and perceived racial bias explain the Black-White gap in punitive attitudes.     

>The role of subjectivity in criminal justice classification and prediction methods

Leo Katz, Bad Acts and Guilty Minds: Conundrums of the Criminal Law Chicago and London: The University of Chicago Press, 1987, vii + 343 pp.     

The last acceptable prejudice: an overview of LGBT social and criminal injustice issues within the USA

The intolerance of, and discrimination against, gays and lesbians is not a new concept. Yet, as many parts of the world have begun to socially and legally recognize gay rights, in many ways, the USA has lagged behind. An overview of past and present lesbian, gay, bisexual, and transgender social and criminal justice within the USA are presented. Also, specific recommendations are made for the future in an effort to put an end to this last acceptable prejudice.     

Stressful life events and adolescent drug use: Moderating influences of the MAOA gene

Purpose

Though stressful life events appear to impact the likelihood and frequency of substance use among adolescents, these effects are often varied and inconsistent. We suggest that the polymorphic MAOA gene may be partially responsible for variable susceptibility to environmental pressures and substance use. More specifically, we hypothesize that adolescents possessing low activity alleles for the MAOA genotype are more likely to respond to stressful life experiences by initiating substance use.

Methods

The genetic subsample of the National Longitudinal Study of Adolescent Health was analyzed (2,574 adolescents) using logistic regression models for each gender. Respondents’ self-reports of eight key stressors were used to create a composite life stress scale which was allowed to interact with a variable that represented the number of low activity MAOA alleles.

Results

For males, a significant interaction emerged between stressful life experiences and the MAOA gene for alcohol (p = .029) and marijuana (p = .039) initiation. For females, the interaction was not significant in each model.

Conclusions

MAOA interacts with life stress to increase the likelihood of substance use initiation for males. Those with a low activity MAOA allele are more likely to initiate substance use than those with a high activity allele when exposed to stressful experiences.     

The perceived relationship between the belief in a just world and sociopolitical ideology

Lerner (1977, 1980) located the origins of the belief in a just world (BJW) in both individual motivational needs and social learning. To address the lack of subsequent research or discussion on possible social origins of the BJW, this paper investigates the social meaning of the BJW in the context of sociopolitical ideology. 173 participants, who defined themselves as politically right-wing, moderate/liberal, or left-wing, completed the BJW scale (Rubin and Peplau, 1975) twice, once from their own viewpoint and once from the perspective of either a right-wing or a left-wing person. Participants differed in their own BJW according to their political beliefs, but were able at the same time to predict consensually another person's just world beliefs on the basis of a political label, independently of their own political orientation. These findings clearly demonstrate social aspects of the belief in a just world and therefore raise the possibility of a normative, socially constructed basis for it.     

Building bridges between the academic and practitioner communities in criminal justice

Criminal justice education is justified by its service To in-service and to pre-service clientele. Both of these functions can be enhanced by a closed working relationship between the academic and practitioner communities. This article describes various techniques for enhancing this relationship.     

论中国古代礼刑互动关系

礼与刑是中国古代社会的两种主要社会规范。本文从礼刑互动交融关系的角度探讨了中国古代的礼刑结合过程及其原因 ,并在此基础上分析了礼刑结合对中国传统法律文化的深远影响。这一发展过程在中国古代历史上经历了四个发展时期。礼刑结合的实质是反映封建等级特权政治关系和封建宗法血缘家族关系的等级性社会秩序的法律化和制度化     

Hispanic interaction with the criminal justice system in Texas: Experiences,attitudes, and perceptions

This is an exploratory study of Hispanics in Texas examining attitudes toward crime and the criminal justice system. The study focuses on cultural determinants among Hispanics as affecting attitudes and behaviors and identifies differences between Hispanics and other population groups. The article provides a background of general cultural dynamics which can affect human relationships and then examines specific characteristics of the Hispanic culture. Among the significant findings are that Hispanics in Texas (1) feel “less safe” concerning crime than does the general population, (2) do not feel that the police can reduce the incidence of crime, (3) feel they have inadequate police protection, (4) evaluate the police generally lower than does the general population, (5) feel that the criminal courts are generally fair and just, and (6) possess a strong punitive—rather than rehabilitative—attitude toward corrections. The article presents a critical summary of the methodology and findings of an extensive research project.     

论我国刑事证人出庭作证和测谎仪介入刑事诉讼立法的再完善

1996年,我国对原《刑事诉讼法》进行了重大修改与完善,修改后的《刑事诉讼法》受到了国内外许多有关人士的高度赞赏与好评.颁布实施以来,对于打击犯罪,保护人权,维护社会稳定,促进社会主义建设事业的顺利发展起到了巨大的作用.实践表明,它是一部从中国实际情况出发,深刻反映中国特点的好法律,是我国刑事法律修订与完善的典范.与……     

论辩护取证与侦查取证的关系

辩护取证和侦查取证构成了刑事调查的二元结构。在其相互制约中,可最大程度地接近案件事实。在研究犯罪嫌疑人辩护权与辩护律师相应权利的基础上,探讨新刑诉法实施后,辩护律师所具有的调查取证权利。律师还不能向警方申请阅卷,也不能在会见在押嫌疑人时向其核实证据;但在会见中,他们拥有不被监听的特权。而且,辩护律师有以"见证人"身份监督强制取证措施的权利。在监督侦查活动中,他们可以提出排除非法证据的要求。在侦查阶段,辩护律师的取证权,一般是外部调查取证权。辩护取证和侦查取证具有权属不同、手段多少不同、活动范围不同、活动的方向不同等特点,其体现的是控辩双方的法律制约与平衡。     

A coffee can, factor analysis, and prediction of antisocial behavior: the structure of criminal risk

The predictive accuracy of the Psychopathy Checklist-Revised, Level of Service Inventory-Revised, Violence Risk Appraisal Guide, and the General Statistical Information on Recidivism were compared to four instruments randomly generated from the total pool of original items. None of the four original instruments better predicted post-release failure than the four randomly generated instruments. These results suggest two conclusions: (a) the instruments are only measuring criminal risk, and (b) no single instrument has captured sufficient risk assessment theory to result in better prediction than randomly derived instruments measuring criminal risk. A two-stage factor analysis was completed on 1614 cases. This analysis of the risk items indicated a 4-factor solution and all 4 factors were equal to the original instruments in predicting post-release failure. Thus, the original instruments did not improve prediction over randomly structured scales, nor did the restructuring of items improve risk assessment, suggesting substantial deficiencies in the conceptualization of risk assessment and instrumentation. We argue that developing a risk-based construct, which involves hypothesis testing and an explanation of behavior, is the optimal method to advance risk assessment within the criminal justice and mental health systems. Such an approach would provide targeted areas for clinical intervention that are salient to risk.     

适时提出主义——以“新的证据”与证据失权的关系为中心

原旨主义上的"新的证据"全面赋予迟延提交法院的证据方法以可采性,这是受职权主义的诉讼模式以及追求客观真实的诉讼目的支配的结果。2002年的举证时限和证据失权制度改革,重塑了新旧证据的区分标准并缩小了"新的证据"的范围。在证据失权制度下,"新的证据"就是法定的具有可采性的逾期证据,"新的证据"与丧失证据调查资格的逾期证据之间存在出此入彼的紧张关系。2008年的司法改革通过举证时限的扩容以及"新的证据"范围的扩张,缓和了证据失权的严厉性。2012年《民事诉讼法》第65条第2款关于举证时限的规定,是证据失权与"新的证据"之间冲突与调和的结果,在民事诉讼法理上可以概括为"适时提出主义"。在此基础上,2015年《民事诉讼法解释》通过衡量证据价值来判断逾期的证据方法是否具有可采性,同时对逾期举证当事人惩以诉讼强制措施来正当化逾期证据的可采性。从待证事实区分以及体系解释的角度,因故意或者重大过失而逾期提交的证明辅助事实的证据,以及严重违反诚实信用原则和当事人平等原则的逾期证据,仍应失权。"新的证据"在新的失权规则体系下将发挥新的规范作用。     

论我国刑事诉讼中的证据使用禁止——以证据取得禁止和证据使用禁止之间的关系为中心

通过比较研究发现,就证据取得禁止与证据使用禁止之间的关系而言,我国虽采取的是规范保护目的理论的立场,但和德国学说和实务见解相比,具有明显的中国特色,即只有那些旨在担保所获证据真实性和可靠性的重要取证规定被违反时,我国相关法律才会科以明确的证据使用禁止后果。此外,我国证据使用禁止呈现立法上的积极主动、司法上的消极保守、阶段上的层层把关、论证上的简单恣意四个特点,这些特点皆与德国相关法律规定相背离,这一现象从另一侧面反映出,尽管我国与德国同属大陆法系,共享职权主义传统,但在刑事诉讼制度方面却存在着较大的差异。