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1.
In this analysis of Marcia Baron’s account of excuses, I seek to do two
things. I try to draw out the nature of the distinction between forgiving
and excusing. I also defend the distinction between excuses (like duress),
and denials of responsibility (like insanity).
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2.
Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany,
the article presents the results of an empirical study on the individual and collective legitimization of the use of force
by German police officers. There are numerous justifications for the use of force expressed by focus group participants in
eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups,
reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence,
the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur,
although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions,
it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of
the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They
have different influences on the individual legitimization of police actions, intertwined with the perception of the situation
as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification
for the use of force.
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3.
This article provides the background to an international project on use of force by the police that was carried out in seven
countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on
the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has
looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical
encounter developed for this project, researchers in each country conducted focus groups with police officers in which they
were encouraged to talk about the use of force. The results show interesting similarities and differences across countries
and demonstrate the value of using this kind of research focus and methodology.
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4.
After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice
in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed
by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links
social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked
to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity
and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We
conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural
transformation and violence against women.
This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some
of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance
provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments
and findings included in this article are those of the authors and do not represent the official position of the US Department
of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca.
All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been
changed to maintain confidentiality.
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5.
In crime-obsessed cultures, the rudimentary trajectories of criminalizing processes are often overlooked. Specifically, processes of accusation that arrest everyday life, and enable possible enunciations of a criminal identity, seldom attract sustained attention. In efforts at redress, this paper considers discursive reference points through which contextually credible accusations of ‘crime’ are mounted. Focusing particularly on the ethical dimensions of what might be considered a ‘lore’ (rather than law) of criminal accusation, it examines several ways that exemplary cases reflect paradigms of accusatorial practice, accuser identity formation and accused response. With such assumptive grids in mind, the paper signals the potential value of rescuing accusation from fundamental attachments to (a criminally defined) order and disorder, as well as images of a distinct accuser and accused offender. It then alludes to the prospect of pursuing justice through less exclusive forms of accusation 相似文献
6.
With the economics of racism of the 1930s and 1950s American South in mind, our essay explores the relationship between the
act of writing and institutional penology. Taking an obscure, but visceral autobiographical account by Paterson and Conrad
( Scottsboro Boy, Garden City Doubleday, 1950), we examine how discipline, punishment, and institutional identity emerge out of publishing, or, as Foucault put it, “the
power of writing.” Narratives of delinquency born out of a racialized penal economy tend to resist attempts to tame the criminal,
making institutional survival a productive discourse, and its articulation, a unique revolutionary act.
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7.
There is something intuitively correct about singling out emergency workers for legal protection, and for criminalizing not
just assault, but obstruction. Moreover, at least one sophisticated theory of right and wrong – Scanlon’s—indicates some deep
reasons for endorsing these intuitions. After applying Scanlon’s theory in the relevant way, I want to argue that the same
grounds it provides for recent Scottish legislation and UK sentencing guidelines can also be given for punishing more seriously
offences that current English law trivialises.
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8.
This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela,
and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly
different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers
are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most
relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the
two Latin American countries represented here have a justified reputation for the frequency with which they shoot people,
whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether
these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions
were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one
of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing
their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different,
and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and
legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances
in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas
officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them
to be.
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9.
This article reveals a discrepancy between the actual and stated motives for punishment. Two studies conducted with nationally
representative samples reveal that people support laws designed on the utilitarian principle of deterrence in the abstract,
yet reject the consequences of the same when they are applied. Study 1 ( N = 133) found that participants assigned punishment to criminals in a manner consistent with a retributive theory of justice
rather than deterrence. The verbal justifications for punishment given by these same respondents, however, failed to correlate
with their actual retributive behavior. Study 2 ( N = 125) again found that people have favorable attitudes towards utilitarian laws and rate them as “fair” in the abstract,
but frequently reject them when they are instantiated in ways that support utilitarian theories. These studies reveal people’s
inability to know their own motivations, and show that one consequence of this ignorance is to generate support for laws that
they ultimately find unjust.
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10.
Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy
of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements
under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership
team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round
process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses
four institutional innovations designed to prevent FIC corruption.
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11.
This paper examines the role of the target-based responsibility system for building upright Party style and clean government
in combating corruption in local China. It argues that the effectiveness of the target-based responsibility system in corruption
control is compromised by a number of implementation hurdles in practice. Based on a close examination of one county, Shaanxi
Province in the northwest China, this study shows that low measurability of the targets, the conflict between anti-corruption
work and other evaluation targets, and the impact of patronage politics account for the implementation failure of the target-based
responsibility system. The fundamental problem lies in that under China’s unified cadre personnel management system, political
will can interfere with the handling of corruption on a case-by-case basis, no matter what kind of anti-corruption mechanism
is employed. Under this context, the adoption of the target-based responsibility system in fighting corruption results in
nothing more than “pouring old wine into new bottles.”
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12.
In this article we show—using the estimated cost efficiency of banks—that besides the risk (proxied by the share of non-performing
loans), the quality of operational cost management was an equally important determinant of bank failure risk during the decade
of banking sector transformation in the Czech Republic.
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13.
In this paper, we analyze judicial review according to the German Stock Corporation Act (Aktiengesetz, §§ 243 et seqq.) and
its blocking effect with the help of concepts of cooperative game theory. In particular, we suggest variable qualified majority
rules as ingredients of arrangements which balance the interests of a majority shareholder and of the minority shareholders.
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15.
The current study describes the everyday life of Israeli prisoners and analyzes the actions they perform and the language
they use as a reflection of their constraints, distresses, worldviews, beliefs, and attitudes. Data were subjected to a content
analysis, and the salience of the values, norms and argot terms were assessed using two measures, attention and intensity.
The inmates’ values and norms and the argot expressions were divided into categories with reference to different aspects of
prison experience: prisoners’ adherence to the code, inmates’ interpersonal loyalty, sexual behavior in prison, drugs, violence
and miscellaneous.
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16.
This article examines the media reportage of white-collar crimes, organised crimes and cybercrimes, principally in the British
but also in the US media. It illustrates the ways in which different newspapers depict crime seriousness and how some defendants
adapt to these portrayals. It examines competing explanatory models and suggests that although reportage has an ideological
component, ‘news values’ and production pressures as well as ‘action triggers’ such as prosecutions or regulatory interventions
are important.
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17.
The only way of entering the world of ‘fragmented law’ (or ‘societal constitutionalism’) is arguably to make normative fragmentation
correspond with constituent excess. As Foucault would say, once we are involved in an ‘epistemic crisis’, we must then modify
those systems that organise knowledge in conjunction with the very forms that produce it. This contribution considers some
privileged forms of critique and reconstruction beyond normative fragmentation and essentially argues in favour of governance
dynamics, as well as for ontological devices engaged in the production of subjectivity.
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18.
This response argues that the National Research Council (NRC) report, while valuable and thorough, would have benefited from
conceptualizing evaluation activities along a continuum of knowledge development, with evaluations initially verifying the
effectiveness of program concepts, before moving to evaluations of the feasibility and generalizability of anti-crime strategies
and, finally, to evaluations of the costs and benefits of implementation of new strategies.
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20.
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.
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