Distributive Justice and Crime

The heavy concentration of crime on a few areas, and the concentration on the chronically victimised within those areas, together illustrate the gross inequality of the risk of crime victimisation. This inequality also characterises other hazards of life. Criminology has too often reduced the problem of crime to the problem of the offender. Recognising crime hazard as an issue of distributive justice requires a different mind set. The Crime and Disorder Act 1998 recognises the drivers of crime as lying outside criminal justice, but does not put in place a panhazard analysis of the kind required, community safety being presented as a type of crime prevention. Movement towards panhazard thinking may well be somewhat facilitated by the workingthrough of the incorporation of the European Convention on Human Rights, actions flowing from section 17 of the Crime and Disorder Act, and a reconsideration of how emergency services might work.     

Corruption as an International Crime and Crime against Humanity: An Outline of Supplementary Criminal Justice Policies

Transnational corruption has in recent years been elevated toan international offence but in practical terms it is not consideredserious enough in order for heads of state or cabinet membersto be prosecuted in foreign jurisdictions. There is evidenceto suggest that, in certain cases, corruption may take the formof a crime against humanity. This possibility extends significantlythe jurisdictional ambit of national courts and empowers theInternational Criminal Court to consider a case. Moreover, therestorative component of such criminal prosecutions should aimat restoring, through civil mechanisms, the funds illegallyappropriated to their rightful recipients, the defrauded localpopulations, under the principle of self-determination.     

Women in Crime and Justice

ABSTRACT

Drawing upon feminist research on women in crime and justice, this study examines patterns of female crime in Israel over four decades and the criminal justice response to female offenders over two decades. The data show that crime patterns of Israeli women and the criminal justice response to their transgressions show remarkable resemblance to those discerned in other western countries. The article concludes that feminist insights and explanatory mechanisms suggested in other western countries are congruent with findings about women in crime and justice in Israel.     

国际法庭管辖的战争罪与武装冲突

本文介绍了战争与武装冲突的概念及其区别,并根据1945年《欧洲国际军事法庭宪章》和1946年《东京国际军事法庭宪章》,1991年《前南国际法庭规约》以及2002年生效的《国际刑事法院罗马规约》关于战争罪的规定,探讨了战争法规和惯例是否适用国际性武装和非国际性武装冲突的问题。     

The European Sourcebook of Crime and Criminal Justice Statistics: A New Tool in Assessing Crime and Policy Issues in Comparative and Empirical Perspective

Theories which suggest a relationship between crime or criminal justice variables on the one hand, and variables related to criminal justice policies on the other hand, cannot be tested without reference to historic or comparative data. Since international comparisons offer the most powerful test of such theories, policy-related research in Europe has suffered, so far, from a lack of valid comparative data. Whether crime data from different countries are comparable, has always been subject to controversies. In the case of the European Sourcebook of Crime and Criminal Justice, a network of specialists was established under the auspices of the Council of Europe in order to assess the validity of the data. Although some problems in cross-country level comparisons could not be settled, the European Sourcebook offers comparative data on 36 Member States of the Council of Europe on a variety of subjects (offences and offenders known to the police; prosecution, convictions, sentences, and corrections; survey data; and indications on manpower and budgets of police forces, prosecutors, and corrections).     

国际犯罪与涉外犯罪、跨国犯罪关系辨析——以基础概念解析为进路

国际犯罪与涉外犯罪、跨国犯罪之间虽然在起源上具有不可磨灭的历史渊源,但它们在内容上并不具有同一或者包容关系,而是一种即相互交叉又彼此保持一定独立性的关系。只有当涉外犯罪、跨国犯罪具有"国际性"时,即它们的危害性达到国际刑法所要求的严重程度时,才能上升为国际犯罪。而在国际犯罪中,除了具有国际性的涉外犯罪和跨国犯罪外,还包括具有国际性的既不属于涉外犯罪又不属于跨国犯罪的单纯的国内犯罪。     

Offence Definitions in the European Sourcebook of Crime and Criminal Justice Statistics and Their Influence on Data Quality and Comparability

Reaching a high conformity of reported data for different offence groups with the standard definitions provided for these offences is a crucial issue in order to improve comparability of crime and criminal justice data from official sources between countries. Based on data and metadata collected for the European Sourcebook of Crime and Criminal Justice Statistics (ESB), this article takes a close look at the offence definitions used in the 4th edition Sourcebook. After an overview on ESB methodology, namely on questionnaire design and data validation procedures, the general structure of offence definitions in the ESB context is shown and changes compared to earlier editions are explained. Afterwards, ESB data and definition metadata are used to check the quality of the definitions used. Overall and item conformity rates for each offence definition are calculated and assessed. Missing data rates as another indicator for quality problems of definitions are also evaluated. Then, variation coefficients for the different offence groups are compared and critically assessed. The final part of the article contains a view on the distribution of conformity with definitions across Europe. Altogether, offence definitions in the ESB turn out to work very well. Conformity rates tend to be high and variation coefficients are mostly quite uniform for the different offence categories. However, some problematic offence definitions can be identified. As a result of regional analysis it can be shown that conformity rates across Europe do not vary randomly, but follow a certain pattern.     

Crime Statistics as Constructs: The Case of Swedish Rape Statistics

Using Swedish rape statistics as a focus, this article aims to empirically describe the way in which different factors affect official crime statistics produced at the national level. It is argued that cross-national comparisons of crime levels are extremely hazardous when based on official crime statistics, since the construction rules vary widely. International comparisons of crime levels should as a rule be confined to findings of international victim surveys. The example of rape statistics in Sweden - about three times higher when compared to other countries in the European Sourcebook - is used to explain what factors can influence statistics. Statistical, legal and substansive factors are to be taken into account. The author shows that changes in statistical routines, the legal definition of rape and changes over time all influence the statistics in a substansive way. This article indicates the great extent to which crime statistics are a construct, whose appearance is very sensitive to the rules applied in the process of construction. In order to employ statistics appropriately, a thorough knowledge of the principles guiding this process is therefore essential.     

矫正犯罪统计策略研究

犯罪统计是研究犯罪手段、特征和原因,预测未来犯罪,制定刑事政策的重要方法和依据.受到各种因素影响,犯罪统计不实是长期存在的问题.由于犯罪统计数据和资料的不实影响了犯罪统计的功能.通过利用数理统计学原理对犯罪统计不实进行分析和矫正,从统计分析方法角度发现问题和解决问题.     

虚拟犯罪刑事司法的前瞻性探讨

随着互联网的普及以及移动网络终端的广泛应用,虚拟化的角色定义与参与模式在商品服务、社交交流、媒体传播、网络安全等新兴领域方兴未艾。网络本身的安全问题以及虚拟化带来的道德、法律风险得到社会的关注,然而当前社会治理理念和司法研究与实践相对迟滞,未能就虚拟领域犯罪构建行之有效且具有一定前瞻性的规制体系。构建对虚拟犯罪的刑事司法规制,将是法律理论探讨和司法实践的重心。