A community response to a 9/11 hate crime: Restorative justice through dialogue

Nearly two hours after the September 11 terrorist attacks, a hate crime was committed against the Islamic Cultural Center in Eugene, Oregon. Rather than following the conventional criminal justice process, the director of the center and his wife chose to engage in a process of restorative dialogue with other community members and the offender himself. This case study of moving from hatred to healing occurred in the larger context of restorative justice, a movement that is now developing in many hundreds of communities in more than 17 countries. Social workers committed to community practice have played an active role in this reform movement, which has developed over the past two decades.     

Youth hate crime offending: the role of strain,social control and self-control theories

Much of the existing research on hate crime focuses on the perspective of victims, while relatively little is known of the offenders. This study examines the prevalence of hate-motivated offending in the form of assaults and bullying, and variables that may explain some of the influences for such behaviour. It compares hate-motivated offenders to both non-offenders and offenders committing non-hate-motivated acts. Our data are based on a nationally representative youth survey collected in 2012 (n = 4,855) from Finnish students attending ninth grade (ages 15–16). It relies on three central theories in criminology: strain, social control and self-control theories. Frequent parental fighting, low parental supervision, low social control and male gender were significant factors in explaining hate crime offending. Our results suggest that the three criminological theories are relevant in the analysis of hate crime offending among Finnish youth.     

Empathy,distance, and blame: juror perceptions of black male homicide victims in capital cases

The courts have consistently struggled with the discriminatory imposition of the death penalty. This research employs data from the Capital Jury Project which seeks to identify arbitrariness in jurors’ decision-making. Results indicate that Black male victims are perceived to be the most likely to have a problem with drugs/alcohol and come from poor/deprived backgrounds and the least likely to be respected in the community and be perceived as innocent. Black male victims and their families also receive the least empathy from jurors, whom jurors feel the most distance from, and who are most to blame for their victimization. Results suggest the enduring racialization of violent crime and the continuing devaluation of the lives of Black males in American society.     

论我国食品犯罪罚金刑的完善

在分析我国食品犯罪罚金刑的立法设置与司法适用现状的基础上,指出食品犯罪罚金刑立法设置与司法适用中存在的诸多缺陷,进而提出完善我国食品犯罪罚金刑的方案,旨在罚金刑能在预防食品犯罪中发挥最大的、最佳的效果。     

Exploring the residual effects of malingering in mock victims of violent crime: an experimental vignette study

The current study investigated the residual effects of malingering in a sample of 94 Dutch university students. Participants were ordered or advised (but not obliged) to fake psychological symptoms in response to an imaginary act of violent crime victimization in order to obtain financial compensation from the Dutch state or to respond honestly. Participants’ willingness to malinger was assessed with three types of questionnaires: (1) a questionnaire which measures the tendency to report bizarre and unlikely symptoms, (2) a questionnaire which measures the tendency to underperform on facial recognition tasks, and (3) a questionnaire which measures the tendency to report extremely high levels of posttraumatic stress disorder symptoms. After completion of a Sudoku puzzle, participants were again instructed to fill out the three questionnaires, but this time they all had to respond honestly. Results indicated that participants who had been instructed to malinger (ordered or advised) had higher scores on all questionnaires, not only on the first but also on the second occasion. This suggested that residual effects of initial malingering had occurred. Results further suggested that detection of residual effects may depend on measurement method and instruction wording. Findings are discussed in light of the literature and study limitations.     

Ageism in the courtroom: mock juror perceptions of elder neglect

The present study explored ageism in a civil court context. In two experiments, male and female undergraduates (Experiment 1; N?=?215) and community members (Experiment 2; N?=?203) read an institutional elder neglect trial summary in which a nursing home was sued for failure to provide the necessary care for an elderly female resident. The trial varied as to who provided witness testimony: the live victim, a recorded deposition from the victim, the victim’s middle-aged niece (Experiments 1, 2), the victim’s elderly floor-mate (Experiment 1), or no testimony was provided (Experiment 2). Across both experiments, higher ageism was negatively associated with pro-victim ratings (e.g. victim memory). Ageism indirectly decreased the likelihood of ruling for the plaintiff through ratings of sympathy for the victim and victim memory (Experiment 1), and defendant responsibility (Experiment 2). Trial ratings did not differ based on whether victim testimony was presented live or via recorded deposition (Experiments 1, 2). The results suggest that jurors’ ageist attitudes may engender negative perceptions of an elderly victim, which can affect the outcome of neglect cases. We discuss the potential for these findings to inform legal proceedings and protection of elderly individuals.     

Protective processes: the function of young people's implicit theories of crime in offending behaviour

Abstract

Despite development in high-risk environments, many youths are resilient and do not engage in antisocial behaviour and crime. Research on human traits such as intelligence and morality, suggest that the implicit theories (ITs) people have about the controllability of their behaviour, as either fixed (entity beliefs) or malleable (incremental beliefs) may play a part in successful behavioural outcomes. Using this as a framework, the function of ITs about crime in successful adolescent development was investigated among 422 ‘at-risk’ youths. Incremental ITs of criminality were found to significantly predict less self-reported involvement in youth offending, controlling for academic attainment. Entity ITs, conversely, were associated with an increased rate of participation in deviant behaviour. Further analysis revealed that incremental ITs of criminality moderated the negative effects of associating with delinquent peers on adolescent behaviour. The results demonstrate the direct and indirect protective function of incremental ITs of criminality for youths at risk and highlight the value of investigating further the protective processes that are involved in preventing youth crime.     

Examining legal authoritarianism in the impact of punishment severity on juror decisions

Recent Supreme Court decisions point to an increased reliance on juries to determine a defendant's sentence. Evidence is mixed on whether jurors are more likely to convict when the potential punishment is mild. The current study examined this issue, as well as the impact of legal authoritarianism (LA) (Kravitz, D. A., Cutler, B. L., & Brock, P. 1993. Reliability and validity of the original and revised legal attitudes questionnaire. Law and Human Behavior, 17, 661–677. doi: 10.1007/BF01044688), on jurors’ decisions. An ethnically diverse sample of participants completed the individual difference measure prior to viewing a videotaped, reenacted criminal trial. We manipulated the severity of the punishment the defendant would receive if convicted. Results indicated LA moderated the effect of punishment severity on verdict. Specifically, at higher levels of punishment severity, civil libertarians convicted less, while legal authoritarians convicted more. That is, the severity-leniency effect held for civil libertarians, but not for legal authoritarians. As juries become more responsible for determining a defendant's sentence, attorneys should be aware of the defendant's potential sentence and use voir dire to identify jurors who are higher on LA.     

网络犯罪刑事管辖权研究

网络空间的全球性、开放性、不确定性和非中心性,使存在于网络空间的网络犯罪对传统的刑事管辖提出了挑战,传统刑事管辖理论似乎难以统领各国网络犯罪管辖实践。对传统刑事管辖理论进行全方位反思,探讨和研究网络犯罪刑事管辖权对理论和实践都具有重要意义。     

论保外就医期间犯新罪的侦查羁押问题

保外就医是出于人道主义考虑，对重病犯人采取的一种特殊服刑方式，其对象一般是患疾病，难以在监狱里生活，随时有生命危险或行动不便的人。保外就医服刑犯在监狱外重新犯罪，愿数罪并罚。但在法律的执行过程中，法律法规在对此类犯罪嫌疑人开展侦查和收押方面的模糊性给该类案件的处理带来一定阻力。本文结合实例，针对保外就医犯人监外服刑期间犯新罪侦查收押实践中的疑难进行分析，力求发现问题的症结，并提出相应的对策建议．     

Strategic versus emergent crime groups: the case of Vietnamese cannabis cultivation in the Netherlands

This article addresses the nature and development of the Vietnamese involvement in cannabis cultivation in the Netherlands. The findings are based on empirical data collected from national police registrations, case studies and in-depth interviews with over 30 Dutch and international respondents. The authors describe the background characteristics of Vietnamese cannabis farmers, the structure of the predominantly mono-ethnic Vietnamese criminal groups and the international context. A situational approach to organised crime is applied to illustrate the ‘emergent’ character of the Vietnamese crime groups as opposed to a ‘strategic’ context of organised crime. The Vietnamese supervisors in the Netherlands have legal citizenship and often have ‘careers’ in cannabis-related crimes. It would appear that for a Vietnamese gardener or farmer, the path into cannabis cultivation is linked to financial debt. Besides situational factors, group characteristics, such as the migrant community, seem important in understanding the Vietnamese involvement in the Dutch cannabis market.     

A psychological perspective on vulnerability in the fear of crime

Abstract

This paper examines vulnerability and risk perception in the fear of crime. Past studies have often treated gender and age as proxies for vulnerability, and on the few occasions that vulnerability has been operationalized, there has been little agreement on the mechanisms that underpin perceived susceptibility. To develop a more theoretically-driven approach, the current study examines whether markers of vulnerability are associated with higher levels of fear through mediating assessments of likelihood, control and consequence. Females are found to worry more frequently than males partly because (a) they feel less able to physically defend themselves, (b) they have lower perceived self-efficacy, (c) they have higher perceived negative impact, and (d) they see the likelihood of victimization as higher for themselves and for their social group. Younger people are also found to worry more frequently than older people, but differential vulnerability does not explain this association. Finally, structural equation modelling shows that the effects on worry of physical defence capabilities, self-efficacy and perceived consequence are mostly mediated through judgements of absolute and relative risk. Conclusions focus on the implications of this finding for debates about the rationality of the fear of crime.     

Organised property crimes in Belgium: the case of the ‘itinerant crime groups’

The phenomenon of the so-called ‘itinerant crime groups’ is receiving increasing attention within Belgian and Western European law enforcement agencies. This interest stems from a variety of perceptions about these groups, and has led to a number of definitions about who and what they are, and policy measures in response to them. In this paper, the phenomenon and the characteristics ascribed to it in Belgium are empirically tested. This research finds that the features of mobility and nationality emerge as useful characteristics by which to study these crime groups. There are no indications that the special character of these groups is the consequence of policy-related attention, but rather it functions as a catalyst for this interest.     

Counting the cost of crime in Italy

We gauge the cost of crime in Italy by concentrating on a subset of offences covering about 64% of total recorded crimes in the year 2006. Following the breakdown of costs put forward by Brand and Price, we focus on the costs in anticipation, as a consequence, and in response to a specific offence. The estimated total social cost is more than €38 billion, which amounts to about 2.6% of Italy's GDP. To show the usefulness of these measures, we borrow the elasticity estimates from recent studies concerning the determinants of crime in Italy and calculate the cost associated with the surge in crime fuelled by unemployment and pardons. Indeed, in both cases such costs are substantial, implying that they should no longer be skipped when assessing the relative desirability of public policies towards crime.     

A test of the stability of punishment hypothesis: The Dutch case

This paper tests the hypothesis of the stability of punishment as developed by Blumstein and his associates against Dutch prison data. After summarizing the existing empirical evidence, Dutch prison data are presented pertaining to the average daily population in penal institutions, on the one hand, and the number of admissions in these institutions, on the other hand. In three ways it is tested whether these data do support the hypothesis: regression analysis, Box-Jenkins analysis, and the analysis of a few dynamic models as presented by Berket al. (1981). The paper ends with discussing Blumstein's hypothesis and considers the way research into the extent of the prison population should be continued.     

“VTS”职务过失罪与非罪的法理分析

船舶交通服务VTS(Vessel Traffic Services)中心是交通主管机关为增进水上交通安全、提高交通运输效率以及保护海洋环境而组织设立的监管与服务系统。近30年来,各地VTS系统硬件建设与技术破解能力日新月异,相比之下软件管理和职务风险防范能力明显滞后。VTS值班人员的渎职犯罪风险伴随水上交管失控或失误事故而逐渐升级,检察机关对案件的介入使该问题的解决方案不得不注入刑法思考。VTS值班人员具备渎职犯罪的身份条件,其职务过失理论上属于监管过失,但是,职务的懈怠与危害结果之间具有间接的因果关系,认定玩忽职守罪不符合犯罪客观方面的要求。依据大陆法系刑法的"依赖原则"和"被允许的风险"之理论,VTS值班人员的职务过失在客观归责环节可阻却刑事责任。     

秦汉律中的职务犯罪——以“公罪”为考察对象

严格维护国家权力的有效性与畅通性,惩治国家权力行使者的各种违法、违制行为,无疑是中国古代法律的重要功能之一。公罪的产生,渊源于春秋战国以来集权观念的强化与官僚政治体系的严密。公罪的主要功用,即在于对官吏的职务犯罪加以性质区分,以适用不同的处罚。在秦汉律中,虽未见公罪之名,但公罪之实已具形态,其构成要件、罪过形态的区分、责任连带等都与后世律有一定的关联。犯罪公私的区分,使公罪作为类概念而适用于官吏非出于私利的失职、违制等犯罪行为,因此包容性甚广。其入于《名例》,正在于为官吏职务犯罪的繁杂性提供一个定性标准。     

Perceived risk of crime: A tale of two immigrant groups in Metro Detroit

A particular source of anxiety for many immigrants is personal safety. This study examines the levels and correlates of perceived risk of crime among two understudied immigrant groups, Arab and Chinese immigrants, who resided in an understudied geographic area, the Detroit metropolitan area. Results suggested several universal and immigrants-specific correlates that are significant predictors of Arab and/or Chinese immigrants' perceptions of crime, including self-defense ability, police effectiveness, neighborhood collective efficacy, language proficiency, expectation of U.S. crime condition prior to arrival, and perception of home society crime. Implications for future research are discussed.     

An economic analysis of the post World War II decline in the Japanese crime rate

Since the end of World War II there has been a dramatic decrease in reported Japanese crime. Adult arrest rates have fallen steadily since the early 1950s and juvenile arrest rates have fallen since the early 1960s. An economic analysis of crime predicts that crime rates depend upon returns to crime relative to returns in legal pursuits and the certainty and severity of punishment. Regression analysis is used to test this theory using Japanese data. The empirical results indicate that the economic model does not outperform alternative naive models. However, the results are consistent with the hypothesis that increases in returns to legitimate work diminish both adult and juvenile crime. Unemployment affects some adult crimes but has little impact on juvenile crime. The share of the population in poverty has no significant impact on either type of crime. Increases in the certainty of punishment deters adult crime but there is little evidence that increases in either the certainty or the severity of punishment deter juvenile crime. There is weak evidence to support the hypothesis that increases in the severity of adult punishments deter crime.