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CHARLES CRAWFORD 《犯罪学》2000,38(1):263-280
This study explores the effects of race and gender on habitual offender sentencing in Florida. The sample consists of 1,103 female offenders admitted to the Florida Department of Corrections in fiscal year 1992–1993 who were eligible for sentencing under the habitual offender statute. Controlling for prior record, crime seriousness, crime type, and sentencing county contextual variables through logistic regression analysis, defendant race was found to be a relevant and statistically significant factor in the enhanced sentencing of female offenders. This factor was most noticeable with black female drug offenders and under structural contexts that were “high,” i.e., the percent of the population black, drug arrest rates, and violent crime rates. The race effects found with this sample of female offenders were often stronger than those in the Crawford et al. 1998 study of 9,960 eligible male offenders in Florida. The relevance of these findings is discussed.  相似文献   

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民事保全程序基本问题研究   总被引:16,自引:0,他引:16       下载免费PDF全文
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Empirical investigations of criminal sentencing represent a vast research enterprise in criminology. However, this research has been restricted almost exclusively to U.S. contexts, and often it suffers from key data limitations. As such, an examination of more detailed international sentencing data provides an important opportunity to assess the generalizability of contemporary research and theorizing on criminal punishment in the United States. The current study investigates little-researched questions about the influence of prosecutorial sentencing recommendations, victim/offender relationships, and extralegal disparities in sentencing by analyzing unique data on the punishment of homicide offenders in the Netherlands. The results indicate that offender, victim, and situational offense characteristics all exert important independent effects at sentencing and that prosecutorial recommendations exert powerful influences over judicial sentences. The article concludes with a discussion of future directions for comparative sentencing research across international contexts.  相似文献   

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Although numerous studies have found a strong relationship between offending and victimization risk, the etiology of this relationship is not well understood. Largely absent from this research is an explicit focus on neighborhood processes. However, theoretical work found in the subculture of violence literature implies that neighborhood street culture may help to account for the etiology of this phenomenon. Specifically, we should expect the magnitude of the victim–offender overlap to vary closely with neighborhood‐based violent conduct norms. This research uses waves 1 and 2 of the Family and Community Health Study (FACHS) to test the empirical validity of these notions. Our results show that the victim–offender overlap is not generalizeable across neighborhood contexts; in fact, it is especially strong in neighborhoods where the street culture predominates, whereas it is significantly weaker in areas where this culture is less prominent. These results indicate that neighborhood‐level cultural processes help to explain the victim–offender overlap, and they may cause this phenomenon to be context specific.  相似文献   

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Rational choice theories (RCTs) of crime assume actors behave in an instrumental, outcome-oriented way. Accordingly, individuals should weight the costs and benefits of criminal acts with subjective probabilities that these outcomes will occur. Previous studies either do not directly test this central hypothesis or else yield inconsistent results. We show that a meaningful test can be conducted only if a broader view is adopted that takes into account the interplay of moral norms and instrumental incentives. Such a view can be derived from the Model of Frame Selection (Kroneberg, 2005) and the Situational Action Theory of Crime Causation (Wikström, 2004). Based on these theories, we analyze the willingness to engage in shoplifting and tax fraud in a sample of 2,130 adults from Dresden, Germany. In line with our theoretical expectations, we find that only respondents who do not feel bound by moral norms show the kind of instrumental rationality assumed in RCTs of crime. Where norms have been strongly internalized, and in the absence of neutralizations, instrumental incentives are irrelevant.  相似文献   

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汉代的罚作、复作与弛刑   总被引:1,自引:0,他引:1       下载免费PDF全文
张建国 《中外法学》2006,(5):597-609
罚作、复作与弛刑是特定意义上的刑罚。由于年代久远、资料缺乏以及这些资料本身就有矛盾错误之处,它们到底是什么性质和形态的刑罚,与其他刑罚的区别是什么,学界虽已经作了许多研究,但仍然说法不一,出入甚大。笔者根据基本文献和出土文物,试图对这一问题作一辨析和考证的工作,以就教于各位学者。  相似文献   

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The life‐course approach to criminal career research has devoted a good deal of attention to the generality or specialization of offending behavior. Typically, extant research demonstrates versatility on the part of offenders, yet such findings could be attributable, at least in part, to time and measurement aggregation bias. This work uses a temporally disaggregated and individualized measure of diversity in offending to determine whether the previous findings of generality hold up to shifts in methodology. Using data from a sample of serious felons, results indicated that the magnitude of specialization is greater than in prior studies. Regression results indicated that certain demographic and local life‐circumstance variables are related to the extent of diversity. Theoretical and methodological implications are identified and discussed.  相似文献   

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