A tale of three cities: Crime and displacement after Hurricane Katrina

When Hurricane Katrina struck New Orleans in August 2005, it greatly disrupted both the physical and social structures of that community. One consequence of the hurricane was the displacement of large numbers of New Orleans residents to other cities, including Houston, San Antonio, and Phoenix. There has been media speculation that such a grand-scale population displacement led to increased crime in communities that were recipient of large numbers of displaced New Orleans residents. This study was a case study of three cities with somewhat different experiences with Katrina's diaspora. Time series analysis was used to examine the pre- and post-Katrina trends in six Part I offenses (murder, robbery, aggravated assault, rape, burglary, and auto theft) to assess any impact of such large-scale population shifts on crime in host communities. Contrary to much popular speculation, only modest effects were found on crime. Social disorganization theory was used to frame both the analysis and the interpretation of these results.     

Devastation in the aftermath of Hurricane Katrina as a state crime: social audience reactions

In the 5 years since Hurricane Katrina struck the Gulf Coast, scholars in many disciplines have speculated on the sources of the widespread devastation. While many of these studies have focused on objective evidence of the violation of human rights following Hurricane Katrina, this study reviews the human rights violations and goes a step further by examining social audience reactions (both victims and the general public) to the government’s response efforts. Relying on Green and Ward’s (Green 2009; Green and Ward Social Justice, 27, 101–115, 2000; 2004) human rights/organizational deviance definition, which sees state crime as human rights violations that result from state organizational deviance, we attempt to provide further evidence of this case as one of state crime. This article presents results from binary logistic regression analyses that assess the likelihood of respondents disapproving of the actions of officials from various levels of government after the hurricane using data from a survey of Hurricane Katrina evacuees completed by The Washington Post/Kaiser Family Foundation/Harvard University (The Washington Post/Kaiser Family Foundation/Harvard University 2005) in the weeks after the storm, and data from a special topics ABC News/Washington Post public opinion survey completed in September of 2005 (ABC News/The Washington Post 2006). Key findings in this study include a strong similarity of results across data sets for race, sex, and religion with regards to respondents disapproving responses to the storm devastation at the federal level. A clear majority of respondents in both data sets disapproved of the actions of some level of government, further implying negative audience reactions, and thus the need to recognize the government’s response to Hurricane Katrina as a state crime.     

交通事犯与不作为犯

在日本,交通事犯有狭义与广义之分。狭义的交通事犯是指以交通工具为手段或者对象的刑法上的犯罪,而广义的交通事犯则是指除了狭义的交通事犯以外,还包括要对其科处刑罚的违反交通规则等情形。本文主要以狭义的交通犯罪,即交通事犯中的不作为犯为考察对象,同时也将涉及到广义的交通犯罪,重点围绕交通事犯中的交通事故与不作为犯、轧逃与不作为犯以及违反救护义务罪与违反报告义务罪的关系等问题,并结合司法判例展开讨论。     

Estimates of Repeat Victimization Using the National Crime Victimization Survey

Many crime victims experience multiple victimizations over time. Estimating the rate of repeat victimization from a longitudinal survey, however, is difficult because individuals often have missing data for some of the interviews. We use data from the 1996–98 U.S. National Crime Victimization Survey to explore potential effects of missing data on estimated rates of repeat violent victimizations in individuals. We introduce two algorithms for estimating repeat victimization rates, using logistic models to impute values for individuals who have partial data. These models are applied to estimate rates of repeat victimization for all violent crimes, and separately for crimes of domestic violence. Estimates show substantial sensitivity to the form of the model used.     

论共同犯罪中的不作为参与

不作为在共同犯罪中的参与形式不能简单地按照作为犯的分工方式进行区分,这是因为不作为在存在结构上与作为有着本质的差异。不作为必须与作为犯在构成要件上具有等价性,才有可能在共同犯罪中成立正犯,这种等价值性不能用传统的因果关系说和形式的保证人说加以说明。在对保证人说确立的形式的保证人义务进行实质解释的学说中,应采用基于不作为对结果的事实性支配来确定不真正不作为的成立,除此之外,违反功能性的保证人义务也补充性地成为不作为正犯的标准。不作为的正犯性正是建立在此两种标准的基础之上。     

不作为共犯概说

本文不仅概括地介绍了德、日刑法理论界关于不作为共犯的研究情况及主要观点,而且从主客观两方面重新界定了不作为正犯与不作为共犯的界限基准.     

论不真正不作为犯的等价性

等价性的判断在不真正不作为犯构成要件符合性的判断中居于独立的重要地位,对于防止过于扩大不真正不作为犯的成立范围及限制刑罚权的滥用具有重要意义。但这一问题在我国学界及司法实践中存在混乱状况。对于等价性的判断应从作为义务以外具体地考察不作为对法益侵害的现实支配关系,即不作为者对于原有危险的因果利用是决定性的和独断性的;不作为者实施了一定的行为,对法益侵害的结果进行了排他性的支配,使得他人的支配不可能。     

Issues in Conducting Research on Crime Victimization

Abstract

There are many issues facing the non-Indian researcher who works with Native American subjects in Indian country. The impact of historical trauma, the history of Native American/United States government relations, and a history of exploitation are just some of the concerns facing non-Indian researchers. It is possible for non-Indian researchers to overcome tribal skepticism and resistance through the inclusion of tribal members in research design and implementation, cooperation with tribal research internal review boards, and respecting tribal values and beliefs. Native communities, as a result of past exploitation, may need reassurance that the research project will result in meaningful change or the development of resources in return for their participation.     

Heterogeneity in the Frequency Distribution of Crime Victimization

Objectives

Tests the idea that the frequency distribution typically observed in crosssectional crime victimization data sampled from surveys of general populations is a heterogeneously distributed result of the mixing of two latent processes associated, respectively, with each of the tails of the distribution.

Methods

Datasets are assembled from a number of samples taken from the British Crime Survey and the Scottish Crime Victimization Survey. Latent class analysis is used to explore the probable, latent distributions of individual property crime and personal crime victimization matrices that express the frequency and type of victimization that are self-reported by respondents over the survey recall period.

Results

The analysis obtains broadly similar solutions for both types of victimization across the respective datasets. It is demonstrated that a hypothesized mixing process will produce a heterogeneous set of local sub-distributions: a large sub-population that is predominantly not victimized, a very small ‘chronic’ sub-population that is frequently and consistently victimized across crime-type, and an ‘intermediate’ sub-population (whose granularity varies with sample size) to whom the bulk of victimization occurs. Additionally, attention is paid to the position of very high frequency victimization within these sub-populations.

Conclusions

The analysis supports the idea that crime victimization may be a function of two propensities: for immunity, and exposure. It demonstrates that zero-inflation is also a defining feature of the distribution that needs to be set alongside the significance that has been attached to the thickness of its right tail. The results suggest a new baseline model for investigating population distributions of crime victimization.     

Secondary Victimization of Crime Victims by Criminal Proceedings

It is conceivable that criminal proceedings cause psychological harm to the crime victims involved, that is, cause secondary victimization. To investigate this hypothesis, negative and positive effects of criminal proceedings were investigated, as perceived by 137 victims of violent crimes who were involved in trials several years previously. Trial outcome and procedure variables were measured as potential causes of secondary victimization. Results show a high proportion of victims reporting overall negative effects. Powerful predictors were outcome satisfaction and procedural justice, but not subjective punishment severity, interactional justice, and psychological stress by criminal proceedings. The practical implications of the results pertain to whether victims should be advised to report the crime to the police or not, and to appropriate prevention and intervention measures of secondary victimization by criminal proceedings.     

Injustice for All: A State Crime of Omission Beneath the Steps of the United States Capitol

This research examines a state crime of omission by members of the Office of the Architect of the Capitol. These crimes were perpetrated against a group of employees charged with maintaining the underground utility tunnels beneath the United States Capitol. Through a secondary analysis of congressional testimony; citations and documents issued by the Office of Compliance; medical records; and various media accounts of the events, this research seeks to examine the perpetrators’ actions as a state crime of omission and offer a theoretical explanation. Our findings suggest the actions and inactions of the Office of the Architect of the Capitol, over a period of years, embody the definition of a state crime. Our theoretical explanation examines the conditions that combined to foster an environment in which occupational exposure to asbestos continued for years, placing the life and health of the tunnel crew in serious jeopardy.     

论被害性、犯罪动机与被害预防

被害人的被害性是指在犯罪过程中与犯罪的发生有关的条件中属于被害人的各种条件的总括,被害人被害性成为犯罪人挑选被害人的重要依据,由此可见,被害性对犯罪动机的形成、发展、变化都有着重要影响,研究他们之间的关系有助于更好地了解犯罪动机的发生、发展、变化,从而有针对性地做好被害预防工作。     

Toward a Victimology of State Crime

State crimes have been studied by criminologists for nearly three decades. While far from stagnant, research and theory in this area of criminology have not developed at the pace one may have expected a decade ago. In an attempt to rejuvenate the study of state crime, we first identify and review the various types of victims and victimizers of state crime identified in the criminological literature. By employing a previously created typology of state crime, we discuss how individuals and groups of individuals can be identified as state crime victims in both domestic and international contexts. We then highlight the common themes involved in the victimizations, and offer six inductively generated propositions intended to facilitate future developments in the victimology of state crime. This revised version was published online in July 2006 with corrections to the Cover Date.     

欧美国家犯罪被害调查概论

犯罪被害调查是欧美国家普遍采用的评估、分析犯罪状况的重要方法。本文对美国、英国、联合国和欧盟的犯罪被害调查的基本方法、问卷主要内容和调查结果进行介绍,以期对我国完善类似被害调查提供参考。     

White and Mexican Heritage Elders' Crime Victimization Perspectives

Abstract

Prior research on the fear of crime among the elderly has shown that elders are more afraid of being a victim of crime than are younger persons and that such fears may vary depending upon where people reside. This study compares the level of fear of criminal victimization of elders living in three adjacent southwestern communities. White elders live in an age-restricted community within two of the studied communities. The third community is not age-restricted, and the elders who reside there are primarily of Mexican heritage. This study found that Mexican heritage elders expressed more fears associated with crime and victimization than did white elders. In studying gender differences, this study found no significant differences between the expressed level of fear of crime between male and female respondents. Nonetheless, most elders will undertake a variety of reasonable measures to protect themselves when they are home or go out, a finding that is consistent with previous research that studied white elders.     

不作为的诈骗罪与不当得利的界分

刑民分界是近年来我国法学研究中的一个热点问题。在实践中,多数案件都可以明确地界定为刑事案件或者民事案件。但是,对于那些处于刑事和民事边缘“模糊地带”的案件应当如何处理,是司法机关面临的一个难题。     

不作为犯中支配理论的法教义学批判

实际支配理论、排他性支配理论和领域支配是不作为犯教义学中欲使作为和不作为等置的保证人地位的法理基础。然而,这三种支配理论在概念和逻辑层面都存在疑问:在概念层面,这三种支配理论中的支配和作为犯中的支配在"支配程度"上有所不同,且实际支配理论中的支配与作为犯中的支配在"支配性质"上也并不一致;在逻辑层面,从支配中推导义务的思路错置了支配与义务的关系,两者至多只是伴随关系而不可能相互推导。因此,不作为犯中的支配理论无法成为保证人地位的法理基础。"领域支配"的确可以产生刑法上的作为义务,但须对它进行重新解释:"领域支配"所产生的是"交往安全义务",此义务并不要求领域的支配者阻止领域内的犯罪行为、救助领域内的伤者,支配者只需确保自己所支配的领域不向外输出风险即可。