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1.
Most of the studies on crime show that no society is immune from crime and organized crime. Large or small, complex or simple, developed or underdeveloped, every society faces the task of controlling crime and organized crime. Furthermore, recent events reveal that the so‐called ‘'domestic crime'’ has become more globalized, or internationalized. Unless dramatic changes take place, collectively, e.g., by the United Nations, no single nation can expect to control or regulate illegal activities. In particular, crime prevention and criminal justice has been a long standing agenda item of the General Assembly and the Economic and Social Council; the two principal legislative bodies governing the United Nations program of work in the criminal justice field. The Council is, after the Assembly itself, the major legislative and policy‐making organ of the United Nations. The field of criminal justice is an important component of social and economic affair, the Economic and Social Council determines policy and initiates activities. Within the United Nations system, the most direct responsibility for international efforts toward crime prevention and control is borne by the recently created Commission on Crime Prevention and Criminal Justice (which has replaced the expert subsidiary body of the Economic and Social Council, namely, the Committee on Crime Prevention and Control) and the Crime Prevention and Criminal Justice Branch. The establishment of the Commission, by the Economic and Social Council in February 1992, ushered in a new era in United Nations involvement in crime prevention and criminal justice. The commitment of the Member States to the prevention of crime and the promotion of justice through strengthened international cooperation has been clearly spelled out in numerous General Assembly and Economic and Social Council resolutions. Those resolutions are indicative of the Member States’ heightened awareness and concern that crime, in its internationalized form, has to be tackled by a multilateral approach including international cooperative measures, and that interdependent efforts are urgently required. The Commission provides a means by which Governments can be directly involved in the determination and supervision of the program of work of the United Nations in crime prevention and can clearly manifest their political will. Its establishment was the result of a long process of review of the functioning and program of work of the United Nations in crime prevention and criminal justice, and was seen as an indispensable condition of a structural reorganization of United Nations activities in this field. For further information on CRIME PREVENTION AND CRIMINAL JUSTICE, and THE UNITED NATIONS COMMISSION ON CRIME PREVENTION AND CRIMINAL JUSTICE, see UN Newsletter, Numbers 22/23, July, l993. Further information on Operational Activities of the Crime Prevention and Criminal Justice Branch since the First Session of the Commission on Crime Prevention and Criminal Justice in April 1992 (on Africa, Asia, Eastern Europe Western Europe and North America and Global aspects, see the same documents, pp. 22–26 for more detail.  相似文献   

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This paper explores a Marxist interpretation of the relationship between crime and human nature. Arguments are reviewed as they appear in the writings of Marx and Hegel. Evidence for these arguments is then sought from contemporary materials in sociology and social psychology. Further evidence is presented in the form of case studies collected in a maximum security prison. We conclude with a discussion of the ethical and methodological implications of this approach.  相似文献   

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刘远 《北方法学》2009,3(3):52-62
对刑法基本原则的深刻理解来自于探寻其生命源泉。英国1215年《大宪章》与罪刑法定主义之间的联系被过分夸大了。罪刑法定主义的道德基础是个人主义的道德观,其政治条件一个是政教分离,一个是王在法下。罪刑法定主义仅仅立足于民主主义是不够的,还须立足于立宪主义,其根基在于人的尊严和自治,而其前提是商品经济的发展。  相似文献   

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基于国际社会面对"国家犯罪"与国家刑事责任的争论,简要介绍政府犯罪观念产生的背景、初步概念、独立性及政府刑事责任双罚制;着重分析政府犯罪与国家犯罪的关系;得出尽管政府在国家不法行为和国际犯罪中扮演重要的角色,但政府犯罪不能完全等同于国家犯罪这一结论.在现有的国家责任体系中,建立政府刑事责任制度,具有法理和实践层面的可行性,符合国际社会现实状况.  相似文献   

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A review of current industrial practices, litigation trends, and the growing use of computer data banks and networks leads to the following conclusions about computer crime: data security and integrity are frequently compromised by lax security practices and operating procedures. Frequently the perceived but erroneous assumption that the inherent difficulty of the computer operating system will detour would-be violators is the only security a system has. This article describes methods commonly used to attack data bases and operating systems. The conclusion is that computer crime is an international phenomenon and investigation and prosecution are complex matters. For example, an examination of the copyright laws as they relate to computer crime indicates that there are frequent violations. International violators of the copyright laws frequently distribute bootleg copies of software worldwide. The article concludes that there is a gap between technology and law in the field of computer crimes. International cooperation is needed to define copyright laws and promote investigation and prosecution of international violators.  相似文献   

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Moral and ethical aspects of crime are often ignored in most criminological research. In order to probe these two dimensions, crime recorded in fiction was compared with statistically recorded crime. Two hypotheses were tested: the first suggested that crime fiction portrayed the “reality” of actual statistics, while the second suggested that crime fiction was totally unrelated to crime statistics. Comparing data obtained from a North American literary journal and crime statistics obtained from a Canadian province, the results of the study supported the second hypothesis and indicated that crime fiction was totally unrelated to recorded statistics. Crime fiction seemed to represent a moral pacemaker of the perceived fears of the public, while crime statistics seem to represent the criminal pulse of society.

The negative correlation between fiction and recorded statistics is a significant find in that it indicates the reading public's preoccupation and fascination with a very small segment of criminal activity in society—an unrealistic fear of serious injury or death due to violent crime, far out of proportion with reality especially when impending doom is much more probable on the highways in automobile accidents.  相似文献   


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This article examines theimpact of globalization on both crime and crimecontrol at the national and global levels. Tomake conceptual sense out of the transformingnature of these activities at the turn of the21st century, a threefold analysis ispresented: (1) an overview of the threetraditional developmental models of crime andcrime control – modernization, world system,and opportunity; (2) a characterization ofcrime and crime control in relationship to themore recently emerging models of globalization;and (3) a discussion of the implications of thedialectical relations between the models ofdevelopment and the models of globalization.Assessments of the models and other provisionalconclusions are drawn based on a survey of bothcrime and crime control in 15 developed,developing, and post-traditional nation-states.  相似文献   

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Valentine  M. Beth 《Law and Philosophy》2022,41(2-3):351-374
Law and Philosophy - In “Abetting a Crime,” Husak puzzles over what, exactly, abettors are held liable for. Having (correctly) dismissed the proposal that derivative liability can...  相似文献   

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Although the governments of the United States and Japan differ markedly in racial ideology, official crime statistics in both nations reflect political arrangements which marginalize minority populations. In both nations, official crime statistics reveal more about the attempts of majority populations to label minority populations as a criminal class than about variations in criminal behavior across racial populations. While there is no racially pure Black population in the United States, there is a “black” category within official statistics, and the statistics are used to justify crime control policies which have a disparate impact on the diverse peoples who are socially‐perceived as Black. While there are undeniably non‐Japanese populations in Japan, there are no racial categories for them in official statistics which define them out of existence; except where crime statistics are concerned, so that the police can monitor the criminality of “foreigners.” In both societies, official categorization of race in crime statistics implies that crime is a minority problem; government statistics reinforce official ideology that crimes by “foreigners” and “black violence” are the real threats to civil society.  相似文献   

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Recent studies have challenged traditional wisdom regarding public apathy about white-collar crime by revealing equal or greater perceived seriousness of these offenses among respondents relative to traditional crime. Nevertheless, subjects in those studies were generally asked to contrast white-collar crime scenarios with a non-violent street crime baseline vignette. Perhaps a violent street crime would have invited lower perceived seriousness for the white-collar offenses. Participants in the present study were asked to (1) read vignettes describing violent street crimes and physically harmful white-collar crimes, (2) compare their seriousness, and (3) determine appropriate sanctions. Subjects perceived the violent crime scenarios presented to them to be more serious than the harmful white-collar crime vignettes. Further, they were less punitive toward white-collar offenders compared with street criminals. Implications of these findings are discussed.  相似文献   

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The absence of strong zero-order associations between victimization and official crime rates for cities has been a puzzle for social scientists since the data for making such comparisons became available. Using the 26 large central cities for which data on both types of rates are available, we analyze the extent to which discrepancies between the rates can be accounted for by aspects of urban social structure that differ from city to city. After introducing such structural controls, we find a much closer correspondence between the two types of rates for motor vehicle theft, robbery, burglary, and forcible rape, but not for aggravated assault and larceny-theft. These results are explained by citing evidence that we have identified some critical "suppressor" variables for the former crimes (i.e., variables that are positively associated with one type of rate and negatively associated with the other). By contrast, the heterogeneous nature of the phenomena subsumed by the latter two crime categories may preclude identification of a similarly parsimonious list of suppressors. One implication of these conclusions is that cross-sectional analyses of intercity variation in official rates may produce results that are in reasonably close correspondence with what would be obtained with victimization rates for certain index crimes, provided that sufficient structural control variables are utilized.  相似文献   

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Abstract OJJDP is actively involved in the Department of Justice's “Pulling America's Communities Together” (PACT) program. Developed at the direction of Attorney General Janet Reno, this initiative is designed to provide training, technical assistance and program development resources to participating jurisdictions address violence in their communities. Four jurisdictions have been selected to date: Denver, Omaha, Atlanta, and the District of Columbia. In addition to making its wide range of training and technical assistance resources available to these jurisdictions, OJJDP is helping the sites assess their juvenile justice systems and develop plans to implement the Comprehensive Strategy. To help jurisdictions begin assessing their systems and existing youth violence problems, OJJDP is preparing a juvenile violence fact book, called “The State of Juvenile Justice.” In addition to presenting statistical data on the nature and scope of the problem across America, the fact book will encapsule program and policy positions of major juvenile justice professional associations regarding youth violence. Such knowledge will assist local jurisdictions in developing their own positions, strategies and programs. In addition to NCJFCJ, other groups such as the American Probation and Parole Association, the National Juvenile Detention Association, the American Correctional Association, and the Coalition of Juvenile Justice State Advisory Groups have been invited to participate in development of The State of Juvenile Justice document.  相似文献   

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Behavioral economic analysis of law is about bringing recent research about behavior and choice together with classical law and economics. In this essay we assess its relevance for the theory of optimal law enforcement. It is our view that criminal law is an area where behavioral analysis has a role to play. Notwithstanding the results so far provided by the behavioral approach are somehow disappointing.  相似文献   

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