Cesare Beccaria: Utilitarian or retributivist?

Ever since Cesare Beccaria's On Crimes and Punishments first appeared in 1764, it has been common to regard its author as a theorist of criminal jurisprudence who stressed considerations of utility to the exclusion of considerations of justice. There is strong evidence for this view, and Beccaria was in many ways a forerunner of Bentham. There is, however, another side to Beccaria that has often been overlooked. In the way in which he established the right of the sovereign to punish and in his concern for the rights of the criminal (rights which no consideration of utility could override), Beccaria showed that he was much closer to the outlook commonly associated with Kant and Hegel than one would at first suspect. Though there were utilitarian aspects to his thought, Beccaria may be considered basically a retributivist who incorporated certain obvious, though by no means dominant, utilitarian themes into his work. In blending utilitarianism and retributivism, Beccaria was usually consistent, and he usually gave greater emphasis to the former.     

龙勃罗梭在中国——一个犯罪学史的考察

龙勃罗梭及其学说在中国之命运变迁,是中国犯罪学发展历程的一个缩影.中国犯罪学以译介龙勃罗梭著作和理论为开端,其夭折也以批判和否定龙勃罗梭及其学说为先导,而其再生与发展同样是以对龙勃罗梭的肯定和客观评价为重要标志.因为龙勃罗梭,犯罪学始成为科学.遗憾的是尽管龙勃罗梭的学说传入中国已逾百年,但是当代中国犯罪学总体仍然处于形...     

The economist and the enlightenment: how Cesare Beccaria changed Western civilization

This Article traces the influence of Cesare Beccaria’s writings on Western civilization. It explores the global impact of Beccaria’s 1764 book, Dei delitti e delle pene, later translated into English as An Essay on Crimes and Punishments. In particular, the Article highlights Beccaria’s advocacy for proportion between crimes and punishments and against the death penalty. The Article gives a short sketch of Beccaria’s life and describes the impact of Beccaria’s book and his legacy in shaping the world’s laws. The Article further describes how Beccaria’s role as an influential eighteenth-century economist has been neglected by some economic historians.     

The likelihood approach to compare populations: a study on DNA evidence and pitfalls of intuitions

The paper follows on from earlier work [Taroni F and Aitken CGG. Probabilistic reasoning in the law, Part 1: assessment of probabilities and explanation of the value of DNA evidence. Science & Justice 1998; 38: 165-177]. Different explanations of the value of DNA evidence were presented to students from two schools of forensic science and to members of fifteen laboratories all around the world. The responses were divided into two groups; those which came from a school or laboratory identified as Bayesian and those which came from a school or laboratory identified as non-Bayesian. The paper analyses these responses using a likelihood approach. This approach is more consistent with a Bayesian analysis than one based on a frequentist approach, as was reported by Taroni F and Aitken CGG. [Probabilistic reasoning in the law, Part 1: assessment of probabilities and explanation of the value of DNA evidence] in Science & Justice 1998.     

Evaluating small town policing: Methodological issues

This research provides helpful information for those who evaluate police performance. While researchers commonly espouse the merit of using more than one form of research police evaluation often involves citizen surveys exclusively. Demographic factors and the “halo effect” can influence police evaluations, particularly in rural communities which are especially vulnerable to political agendas and personal relationships that can skew survey data. Our research finds that while citizens generally evaluate police favorably, a high percentage of “don't know” responses suggest that citizens are not prepared to evaluate all aspects of police services. Furthermore, police evaluator observation reveals that police services were inadequate, both within the organization of the department and the patrol practices. Finally, some questions, not traditionally included in police evaluation surveys reveal high levels of fear among citizens. These inconsistencies question the exclusive use of citizen surveys and may indicate indirect evidence of a “halo effect”. A conscientious effort to combine quantitative and qualitative measures may better capture relevant information concerning the quality of police services. Authors' Note: Loreen Wolfer, Ph.D., and Thomas E. Baker, M.S., M.ED., are Assistant Professors in the Department of Sociology/Criminal Justice, University of Scranton, Scranton, PA 18510. This research was supported by a federal grant, number, ORI# FBI ID # PA 040-2500, U.S. Department of Justice (Office of Community-Oriented Policing Services (COPS). Points of view or opinions expressed here do not necessarily represent the official position of U.S. Department of Justice, National Institute of Justice or the COPS office     

个人主义方法论与私法

在如何处理个人与社会的关系问题上存在着个人主义与整体主义两种不同的思想体系,而它们各自又呈现为价值论的与方法论的两种不同的形态。仅就法学而言,个人主义方法在私法中处于基础地位,是私法研究无可替代的方法,而整体主义方法在私法中只存在着非常有限的适用空间。个人主义方法论在私法中具体表现为私人主体、私人利益、私人自治、自己责任、权利本位、形式平等、交换正义、程序正义与主观价值论等范畴。虽然现在学界已自觉不自觉地在私法领域中运用个人主义方法论,但由于整体主义的影响无处不在, 提倡、张扬个人主义方法论仍具有相当的必要性。     

Recidivism Rates Among Child Molesters and Rapists: A Methodological Analysis

We address the high variability in sex offender recidivism rates by examining several of the critical methodological differences that underlie this variability. We used a dataset on 251 sex offenders (136 rapists and 115 child molesters) who were discharged over a 25-year period to examine changes in recidivism as a function of changes in dispositional definition of reoffense (e.g., arrest or conviction), changes in the domain of criminal offenses that are considered, and changes in the length of exposure time. The data indicate that: (a) both rapists and child molesters remain at risk to reoffend long after their discharge, in some cases 15–20 years after discharge; (b) there was a marked underestimation of recidivism when calculating a simple proportion (%) consisting of those who were known to have reoffended during the follow-up period, and (c) there was a marked underestimation of recidivism when the criterion was based on conviction or imprisonment. Forensic, clinical and policy implications of this high variability are discussed.     

Methodological aspects of telephone scatologia: a case study

The present paper focuses on the sexual paraphilia of telephone scatologia. Some psychological concepts of scatologia are reviewed; their methodological aspects are examined. It is argued that telephone scatologia is only one of the forms of audio scatologia (akophilia), which together with visual and textual scatologias present interactive but remote--intermediary--forms of sexual excitation, when the function of tactile contact is delegated to the sensory specific communication device, and where the perpetrator can be safe and sexually aggressive at the same time. The main objective of this paper is to present a case of prolific telephone scatologist, with the analysis of which the author was closely affiliated. The present paper does not pretend to cover all of the issues associated with etiology and psychogenesis of scatologia, but intends to offer rarely addressed material that could be useful in the fields of psychology, psychiatry, sexology, criminology and interpersonal violence.     

Measuring Civilian Defensive Firearm Use: A Methodological Experiment

Estimates of the incidence of victim gun use from the National CrimeVictimization Survey (NCVS) are consistently lower than are those fromother studies. To examine the divergence, we conducted a survey that gaugedthe impact of methodological differences between the NCVS and the otherstudies. For half of the sample, we asked questions from the NCVS, followedby questions from the other surveys. For the other half of the sample, wepresented the questions in the reverse order. We examined two hypotheses:(1) survey methods account for the divergent results, and (2) the questionscover unrelated activities. The results provided some support for the firsthypothesis, but respondents also reported many more defenses to thequestions from the other surveys than to the NCVS questions. Consistent withthe second hypothesis, this suggests that the NCVS and the other surveysmeasure responses to largely different provocations.     

Six Lines: A Methodological Agenda for Critical Gang Studies

Critical Criminology - In the twenty-first century, the established methodological props for gang research have worn increasingly thin. Place-based definitions involving territorial groups confined...     

Methodological development: structured outcome assessment and community risk monitoring (SORM)

This paper describes an effort to develop a clinical tool for the continuous monitoring of risk for violence in forensic mental health clients who have left their institutions and who are dwelling in the community on a conditional release basis. The model is called Structured Outcome Assessment and Community Risk Monitoring (SORM). The SORM consists of 30 dynamic factors and each factor in SORM is assessed in two ways: The current absence, presence or partial och intermittent presence of the factors, which is an actuarial (systematized and 'objective') assessment. Secondly, the risk effect, i.e. whether the presence/absence of factors currently increases, decreases or is perceived as unrelated to violence risk, is a clinical (or impressionistic) assessment. Thus, the factors considered via the SORM can be coded as risk factors or protective factors (or as factors unimportant to risk of violence) depending on circumstances that apply in the individual case. Further, the SORM has a built-in module for gathering idiographical information about risk-affecting contextual factors. The use of the SORM and its potential as a risk monitoring instrument is illustrated via preliminary data and case vignettes from an ongoing multicenter project. In this research project, patients leaving any of the 9 participating forensic hospitals in Sweden is assessed at release on a variety of static background factors, and the SORM is then administered every 30 days for 2 years.