DETERRENT EFFECTS OF FORMAL AND INFORMAL SANCTIONS

This article reports a random telephone survey of Evanston, Illinois, residents in the spring of 1978 probing knowledge of legal sanctions, perceptions of the certainty of their imposition, feelings about their legitimacy, and approval of peers for violating the law. It focuses on traffic offenses, marijuana smoking, and shoplifting and uses self-reports of actual or potential violations. The data indicate that knowledge of the severity of legal sanctions and perceptions of the certainty of their imposition are not related to imputed violation; feelings that the law is legitimate and that peers disapprove of violations are related to imputed violation.     

RESTRICTIVE DETERRENT EFFECTS OF A WARNING BANNER IN AN ATTACKED COMPUTER SYSTEM

System trespassing by computer intruders is a growing concern among millions of Internet users. However, little research has employed criminological insights to explore the effectiveness of security means to deter unauthorized access to computer systems. Drawing on the deterrence perspective, we employ a large set of target computers built for the sole purpose of being attacked and conduct two independent experiments to investigate the influence of a warning banner on the progression, frequency, and duration of system trespassing incidents. In both experiments, the target computers (86 computers in the first experiment and 502 computers in the second) were set either to display or not to display a warning banner once intruders had successfully infiltrated the systems; 1,058 trespassing incidents were observed in the first experiment and 3,768 incidents in the second. The findings reveal that although a warning banner does not lead to an immediate termination or a reduction in the frequency of trespassing incidents, it significantly reduces their duration. Moreover, we find that the effect of a warning message on the duration of repeated trespassing incidents is attenuated in computers with a large bandwidth capacity. These findings emphasize the relevance of restrictive deterrence constructs in the study of system trespassing.     

TESTING THE DETERRENT EFFECT OF CAPITAL PUNISHMENT: A Reduced Form Approach

There are three principal alternative explanations for the dramatic rise in crime over the last 15 years: (I) the retirement of capital punishment; (2) socioeconomic trends; (3) random social shocks starring with the Kennedy assassination in 1963. This article reports a statistical test of the second of these explanations. On balance, the results are unfavorable to it. The statistical test involves the extrapolation of a predicted homicide rate obtained from a reduced form regression equation estimated over the capital punishment era into the postcapital punishment era. The predicted homicide rate (based on socioeconomic variables) continues the long-run secular decline pattern after 1962, while the actual homicide rote rises precipitously. The article concludes with a brief argument that the capital punishment moratorium seems somewhat more plausible than the social shock theory as an explanation for the crime increase.     

THE DETERRENT EFFECT OF PERCEIVED CERTAINTY AND SEVERITY OF PUNISHMENT REVISITED*

This paper synthesizes and extends recent criticisms of cross-sectional and panel studies of perceptual deterrence and then uses those criticisms to design a better cross-sectional study. A series of scenarios involving the noncompliance of a hypothetical plumber were posed to a sample of predominantly middle-aged administrators. The respondents were asked to estimate the probability that the noncompliance would be detected and, if detected, the probability that it would result in criminal prosecution. Respondents were also asked to project their own behavior if in the plumber's position. The results contrast sharply with prior findings, especially of the panel studies. Not only do perceptions of detection risk play an important role in deterring tax noncompliance, but fear of criminal prosecution appears to be a powerful deterrent.     

A LONGITUDINAL TEST OF THE EFFECTS OF PARENTING AND THE STABILITY OF SELF‐CONTROL: NEGATIVE EVIDENCE FOR THE GENERAL THEORY OF CRIME*

This study investigates two core propositions of Gottfredson and Hirschi's (1990) general theory of crime. Using longitudinal data collected on approximately 750 African American children and their primary caregivers, we first examine whether self‐control fully mediates the effect of parenting on delinquency. Consistent with the general theory, we find that low self‐control is positively associated with involvement in delinquency. Counter to Gottfredson and Hirschi's proposition, we find that self‐control only partially attenuates the negative effect of parental efficacy on delinquency. Next, we assess the theory's hypothesis that between‐individual levels of self‐control are stable. Finding substantial instability in self‐control across the two waves, we explore whether social factors can explicate these changes in self‐control. The four social relationships we incorporate (improvements in parenting, attachment to teachers, association with pro‐social peers, and association with deviant peers) explain a substantial portion of the changes in self‐control. We then discuss the implications of these findings for the general theory of crime.     

POWER-CONTROL THEORY,GENDER, AND DELINQUENCY: A PARTIAL REPLICATION WITH ADDITIONAL EVIDENCE ON THE EFFECTS OF PEERS*

This examination of Hagan et al.'s (1985, 1987) power-control theory of delinquency and gender finds that gender and delinquency are related to the relative authority of parents at work in ways unexpected by power-control theory. Support is found, however, for the power-control thesis pertaining to parental control and risk-taking attitudes. In reconciling differences between these findings and those of Hagan et al., the conclusion is that relations of affiliation as well as parental authority are important determinants of delinquency and its relationship with gender.     

DISCUSS THE SUITABLE RULE OF ELECTRONIC EVIDENCE

The traditional type of evidence collection and certification rules are more perfect in evidence law, the characteristics of electronic evidence are different from traditional evidence, which cannot all follow the traditional rules of evidence, shall be formulated for its adaptation to the rules of its characteristics. This article starts from the electronic evidence forensics and cross- examination of two parts, this paper studies the electronic evidence forensics and cross-examination rules, it puts forward the best rules of electronic evidence that shall be drawn up in China for full specification on the application of electronic evidence.     

TESTING THE TRANSITIVITY OF REPORTED RISK PERCEPTIONS: EVIDENCE OF COHERENT ARBITRARINESS

An often implicit assumption of perceptual deterrence tests is that the elicited values pertaining to arrest risk reflect stable underlying beliefs. But researchers in other disciplines have found that reported expectations are highly susceptible to exogenous factors (e.g., anchors and question ordering), indicating that such values are somewhat arbitrary responses to probabilistic questions. At the same time, reported expectations are coherent within persons, such that respondents rank order them rationally. For deterrence, then, absolute values reported on arrest risks are likely not stable but individuals still rank order specific crimes in meaningful ways. We examine the interpretability of reported arrest risk for three possibilities: 1) Reported risks are stable probabilistic values; 2) reported risks are arbitrary and uninformative for deterrence research; or 3) reported risks display “coherent arbitrariness” with unstable values between individuals but stable rank ordering of crimes within individuals. Through the use of three random experiments of college students, our results indicate that elicited risk perceptions are arbitrary in that they are influenced by the presentation of anchors and question ordering. Nevertheless, the rank ordering of crimes within and across conditions is unaffected by the presentation of anchors, suggesting that reported risks are locally coherent within persons.     

RESISTING CRIME: THE EFFECTS OF VICTIM ACTION ON THE OUTCOMES OF CRIMES

This study assessed the impact of sixteen types of victim self protection (SP) actions on three types of outcomes of criminal incidents: first, whether the incident resulted in property loss, second, whether it resulted in injury to the victim, and, third, whether it resulted in serious injury. Data on 27, 595 personal contact crime incidents recorded in the National Crime Victimization Survey for the 1992 to 2001 decade were used to estimate multivariate models of crime outcomes with logistic regression. Results indicated that self-protection in general, both forceful and nonforceful, reduced the likelihood of property loss and injury, compared to nonresistance. A variety of mostly forceful tactics, including resistance with a gun, appeared to have the strongest effects in reducing the risk of injury, though some of the findings were unstable due to the small numbers of sample cases. The appearance, in past research, of resistance contributing to injury was found to be largely attributable to confusion concerning the sequence of SP actions and injury. In crimes where both occurred, injury followed SP in only 10 percent of the incidents. Combined with the fact that injuries following resistance are almost always relatively minor, victim resistance appears to be generally a wise course of action.     

民事诉讼中的测谎——基于证据法角度的分析

<正>引言2007年夏,笔者与同事在武汉某法院调研期间,一位法官主动跟我们述说其审理的一起民事案件,因为证据不充分,当事人申请使用了测谎,法院据此下判,引起很大的争议。此后,笔者到山东、江苏、河南等地的一些法院走访,发现测谎手段在民事审判中的使用屡见不鲜。     

SOME NEW EVIDENCE ON THE SERIOUSNESS OF CRIME*

Previous studies of the seriousness of crime have attempted to elicit information from public surveys. This paper reports on an alternative method of ranking the severity of crime. Actual victim injury rates are combined with jury awards in personal injury accident cases to estimate pain, suffering, and fear. Crime-related death rates are combined with estimates of the value of life to arrive at monetary values for the risk of death. These estimates are combined with out-of-pocket costs (such as medical costs and lost wages) to arrive at total dollar estimates of the cost of individual crimes to victims. These dollar estimates are then used to rank the seriousness of crimes. Although these two approaches yield surprisingly similar rankings, the monetary estimates indicate that violent crimes are relatively more costly to victims than survey results might imply.     

THE LANGUAGE OF STIGMATIZATION AND THE MARK OF VIOLENCE: EXPERIMENTAL EVIDENCE ON THE SOCIAL CONSTRUCTION AND USE OF CRIMINAL RECORD STIGMA

After years of stagnation, labeling theory has recently gained new empirical support. Simultaneously, new policy initiatives have attempted to restructure criminal record stigma to reduce reintegration barriers, and subsequent recidivism, driven by labeling. For example, in a recent Department of Justice (DOJ) language policy, person‐first terms (e.g., “person with a conviction”) were substituted for crime‐first terms (e.g., “offender”). The Equal Employment Opportunity Commission has also issued guidelines to structure how decision‐makers use criminal records. Unfortunately, little is currently known about the social construction and use of criminal record stigma or the potential effects of such policy changes. In the current study, we provide two unique empirical tests. In study 1, we examine the social construction of stigma by testing DOJ's language policy with experimental data from a nationally representative sample of American adults (N = 996). In study 2, we use a separate nationwide experiment (N = 1,540) to examine how the contextualization of criminal records influences social exclusion decisions. Across both studies, we find consistent evidence of a “mark of violence.” The public perceives that individuals with violent convictions are the most likely to commit future crimes, and it is more supportive of excluding these individuals from employment. Crime‐first terms exacerbate perceived recidivism risk for individuals with violent convictions.