Policy-makers’ perceptions on their sex offender laws: the good,the bad,and the ugly

The views and attitudes that lawmakers have about sexual offenders and sexual victimization can be influential in criminal lawmaking. And given the popularity of sex offender laws, policy-makers are central players in how state justice systems respond to sex crimes. Therefore, state-level policy-makers from across the country, who sponsored and passed at least one sex offender law in their state, (n?=?61) were interviewed about sex offenders and sex crimes. Policy-makers believe sex offender laws are too broad. The laws extend to nonviolent offenses, low-risk offenders, and thus dilute the law enforcement potency of sex offender registries. Policy-makers view existing sex offender laws as necessary to enhance public safety and as proof that lawmakers are responding to the needs and concerns of the public. Sex offender laws were also discussed as a source of political capital; a way to help ensure reelection. The sexual victimization of children and the media’s coverage of sex crimes were instrumental in these state-level policy-makers’ decisions to sponsor sex offender laws. Policy and research recommendations are offered.     

The Movement to Criminalize Sex Work in the United States

Until recently, prostitution was not a prominent public issue in the United States. Law and public policy were relatively settled. The past decade, however, has witnessed a growing debate over the sex trade and the growth of an organized campaign committed to expanding criminalization. A powerful moral crusade has been successful in reshaping American government policy toward sex work – enhancing penalties for existing offences and creating new crimes. Crusade organizations have advocated a strict abolitionist orientation toward all forms of commercialized sex, which are increasingly conflated with sex trafficking. This paper examines the impact of this movement on legal norms and government policies. I argue that the moral crusade, and its government allies, are responding to the growth of the sex industry in recent years and to fears of its normalization in American society.     

The prominence of fraud in New South Wales metropolitan media reporting

This study analyses the coverage of six major crime types in two of Australia’s largest newspapers. The study aims to test the prevailing viewpoint that fraud and financial crimes are proportionally underreported in the media. The study considers the cost of fraud and financial crime to society, the choices the media makes when reporting on fraud and financial crime, and the impact of media reporting on public policy and law enforcement. The study challenges prevailing views on the extent of media coverage of fraud, finding that there is significant coverage of fraud in the sampled Australian newspapers.     

Combating child homicide: preventive policing for the new millennium

High-profile media coverage of crimes against children has heightened public awareness of critical child safety needs and issues. However, numerous research studies in the area of child homicide have illustrated the importance of the power of science to correct false perceptions and misinformation, improving how to best serve and protect our children. Age-based analyses of childhood crime patterns have vastly improved how law enforcement and social service practitioners identify, investigate, and resolve child victimization cases. Future protective efforts must involve multiagency and multidisciplinary collaboration. Law enforcement, social service clinicians, educators, and academicians should jointly develop and implement pragmatic and effective prevention, detection, and resolution programs and policies.     

News media influences on public views of sentencing

Opinion polls in Canada, the United States, Great Britain, Australia, and elsewhere suggest that most members of the public would like their criminal courts to be harsher. Does media coverage of criminal sentencing contribute to a preference for harsher sentencing? Most people derive their information about sentencing from the news media and content analyses of news stories in Canada and the United States demonstrate that crimes of violence and sentences of imprisonment are overrepresented. Moreover, the news media provide little systematic information about the sentencing process or its underlying principles. This article reports the results of three studies examining the effects of media coverage on public opinion about sentencing. Subjects who read actual newspaper stories about sentencing that appeared in Canadian newspapers rated most reported sentences as too lenient. However, the specific account they read influenced their leniency judgments. Furthermore, in one experiment, participants assigned to read a newspaper account of a sentencing decision supported harsher sentences than participants who read a summary of actual court documents from the sentencing hearing.     

我国现行刑事政策反思及完善--以维护社会稳定为切入点

我国的刑事政策是党和国家长期历史经验的总结 ,在社会主义革命和建设时期都曾发挥过重要的作用 ,但是 ,我国的刑事政策自身也存在着许多问题 ,需要进一步完善。刑事政策的制定应以维护社会的稳定为出发点 ,并以此对犯罪和犯罪人进行分类。面对日益严峻的社会治安状况 ,我国在今后较长时期内应采取“轻轻重重”的刑事政策。     

Incurable Sex Offenders, Lousy Judges & The Media: Moral Panic Sustenance in the Age of New Media

There is consensus that since the 1990s, we have experienced a spike in public concern over sexual offenders. Analyzing this concern as a moral panic, this paper argues that national television coverage, as it picks up local news, adds heat to the fire by re-naming the villain as an inadequate judicial system. This process helps to sustain a moral panic, while narrowing the available discourse about the nature of appropriate punishment. Drawing upon a well-publicized example of a media event in Vermont, this paper extends the theory of moral panics to add another stage to the process—a stage presented by the advent of cable news programming, the relationship between local and national media, and the explosion of blogs. In order for a panic to sustain over an extended time period, the rhetoric about it must transform. In particular, the claimsmaking about the nature of the problem must evolve. In particular, the panic has evolved from sex offenders as folk devils to an attack on judicial discretion. The development of the outcry over judicial discretion was due, in part, to media distortion of the case. I will thus trace the trajectory of this one case to demonstrate the role of the media in shaping and sustaining the panic.     

Sexual violence perpetrated against women in India: the role of forensic evidence

ABSTRACT

In response to the upsurge in acts of sexual violence against women in India, Parliament passed the Criminal Law (Amendment) Act of 2013, amending existing statutes and rules of evidence relating to crimes of sexual violence and the practices of forensic professionals in the country. While a step in the right direction, this law paid little attention to forensic evidence in sexual violence cases, which can provide a more objective, scientific account of events, aid in the reconstruction of crimes, and help strengthen cases against perpetrators. The objectives of this article are twofold: to raise awareness for the need for a more prominent role of forensic evidence in sexual violence cases and to recommend ways to establish uniform and comprehensive policies and procedures on the collection and preservation of forensic evidence in order to ensure that cases of sexual violence against women are heard in Indian courts.     

Newspaper Coverage of Corporate Price-Fixing

Among the reasons common corporate crimes such as price-fixing lack the "brimstone smell" of common street crimes such as burglary is that newspapers fail to provide frequent, prominent, or criminally oriented coverage of corporate crime. This certainly was true of newspaper coverage of the heavy electrical equipment antitrust cases of 1961. Replicative analysis reveals that this also was true of newspaper coverage of the folding-carton industry antitrust cases of 1976. Reasons for this continued lack of coverage are discussed, including the diffuse harm characteristic of price-fixing, the general lack of recognition that corporations are juristic persons capable of criminal deviance, and the disinclination of large organizations to link other large organizations with criminality.     

Do daily newspapers of former West and East Germany cover crime in a different way?

The question investigated in the presented paper is whether crime is discussed differently in the media of former East and West Germany, how it is weighted and whether the real crime situation provides an explanation for any differences in press coverage. The study showed that there are no significant differences in the press coverage and that violent crime is not overrepresented. Coverage of offences like robbery, damage to property, sexual assaults or bodily injury, which are also categorized as violent crime, was of average frequency, so that again there was no overrepresentation in the newspapers of the two cities compared in this study (Stuttgart and Dresden). Surprisingly, sexual offences such as rape or sexual abuse played a minor role in the daily newspapers. Further interesting results of the analysis were that offences in the field of "intelligent crime" (e. g. white-collar crime) were of no importance in the print media, whereas the number of reports on crimes for which the general public assumes a higher probability to become a victim itself (e. g. burglary and robbery) was disproportionately high in relation to the recorded number of cases. Reports on drug offences played a more important role in the newspapers analyzed by us than violent crime.     

Police Accountability and the Media

This article explores First Amendment theory and the role of the media in generating police accountability through public understanding of police organizations. We argue that free speech theory can and should look beyond "abridgment" issues and raise questions about the civic responsibility of the press to inform the public about key governmental institutions. The media's concern with crime news, we found, vastly overshadows its coverage of the police us a complex, in-teresting, and expensive governmental agency. Reporting about police institutional patterns and policies contributes more toward fulfilling First Amendment values-not only that of "checking" police excesses, but of facilitating the goal of enlightened citizen participation in local government.
Those who won our independence believed…that public discussion is a political duty; and that this should be a fundamental principle of American government. They recognized the risks to which all human institutions are subject.     

Trial by media?: Media reliance,knowledge of crime and perception of criminal defendants

Previous research has linked extensive news media coverage of crimes and the criminal process to pretrial jury bias against defendants. Most research, however, has tested the effects of reading fabricated crime stories on mock jury decisions or general perceptions of crime. Using telephone interviews, this study examines whether perceptions of the defendant in an actual double homicide were related to reliance on local news media for news and information. The results provide clear evidence that potential jurors who are exposed to media coverage of crimes form biases against criminal defendants. Newspaper and television reliance were found to be positively related to perceptions of guilt. The results also show that newspaper reliant individuals knew significantly more facts about the case. Television reliant individuals judged the defendant's character as significantly more negative.     

指导性案例对网络非法集资犯罪的界定

鉴于非法集资犯罪所具有的涉众型特征和引发次生风险的严重社会危害性,这种犯罪目前已经成为我国司法领域打击的重点.尽管我国若干司法解释确立了非法集资犯罪的外延和特征,但随着互联网的快速发展,非法集资依托于金融科技的发展和新出现的金融产品,衍生出翻新变化和日趋复杂化的集资犯罪手段,导致对于非法吸收公众存款罪成立的四个特性、集...     

Mutual Bonds: Media Frames and the Israeli High Court of Justice

This study examines the coverage of the Supreme Court of Israel functioning as the High Court of Justice (HCJ) in the popular and elite press over a period marked by growing activism of the Israeli Supreme Court and an increasingly adversarial and critical media. Our results show that more prominent coverage of the HCJ over time, especially in the elite press, accentuates the salience of the Supreme Court in public life. In addition, the topics, the stages of the HCJ proceedings, the petitioners, and the outcome of the cases covered by the press, as well as the generally uncritical reporting of the Court decisions help create the frame of an autonomous, powerful Court that frequently opposes and restrains the government. We suggest that this pattern of media coverage of the HCJ benefits both the Court and the media: it reinforces the image of the media as a critical watchdog of the government, while at the same time it legitimates the Court's expansion of power and strengthens its image as an apolitical and independent institution.     

死刑案件可以并需要和解吗?

死刑案件的和解已经演变为一类现象,且判案思路也有迹可寻。但重罪和解不符合和解的实质。对和解来说,国家权力与个人权利之间的和谐化是本质,而被害人与犯罪人的和谐化是一种延伸。公权力的边界需要维护,不能将重罪归纳为私人之间的关系。被害人死亡的案件中更不存在和解的可能。死刑适用控制是合理的,但我们所做的只能是在法律的框架内追求和谐,无须也不应当用和解制度来做注脚。死刑案件和解,形为和解,实为国家救助制度没有建立之前一种迫不得已的措施,是国家没有承担责任的时候,将救助的责任转嫁到了刑事被告人的身上。     

试论刑事政策与国际刑法的关系

刑事政策是对犯罪有组织的反应,国际刑法以研讨国际犯罪为己任,对国际犯罪的研究需要以刑事政策为视角。本文通过分析刑事政策的含义及其国际化特征与国际刑法的发展方向,在刑事政策的视野下,揭示国际刑法的发展趋势——刑事政策的国际刑法化与国际刑法的刑事政策化,进而把握刑事政策与国际刑法两者的契合性。     

The media’s coverage of mass public shootings in America: fifty years of newsworthiness

This study uses a media distortion analysis to examine the New York Times coverage of mass public shooting incidents occurring in the United States from 1966 to 2016. A comparison between media coverage and actual incidents is used to identify the characteristics influencing the newsworthiness of mass public shootings. This work expands the breadth and depth of media and mass public shooting research, strengthening the validity of previous findings, and identifying new characteristics influencing newsworthiness. Findings indicate significant predictors of newsworthiness include higher casualties and injuries, as well as perpetrators that are young, Middle Eastern, and ideologically motivated. School shootings are more likely to receive any coverage, and all non-workplace shootings receive salient levels of coverage. An incident is also more likely to receive any coverage if a combination of weapons is used. These findings have important implications for public knowledge and perceptions of mass public shootings.     

Green crime and the role of environmental courts

Environmental issues continue to capture international headlines and remain the subject of intense intellectual, political and public debate. As a result, environmental law is widely recognised as the fastest growing area of international jurisprudence. This, combined with the rapid expansion of environmental agreements and policies, has created a burgeoning landscape of administrative, regulatory and judicial regimes. Emerging from these developments are increases in environmental offences, and more recently environmental crimes. The judicial processing of environmental or ‘green’ crimes is rapidly developing across many jurisdictions. Since 1979, Australia has played a lead role in criminal justice processing of environment offences through the New South Wales Land and Environment Court (NSW LEC). This article draws on case data, observations and interviews with court personnel, to examine the ways in which environmental justice is now administered through the existing court structures, and how it has changed since the Court’s inception.     

网络传媒下公共治理的危机及其对策

随着互联网技术的发展和普及,公共治理日益显现在大众的视域内。网络传媒的任意性、霸权性和非理性会导致公共治理失序、失范和失真,对我国政府形象和执政理念形成强烈的冲击。在此背景下,我们要不断加强网络传媒与公共治理者的互动和交流,建立政府公共服务网,规范和引导网络话语,以期更好地化解网络传媒力量日益强大背景下我国公共治理的危机。