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1.
This article analyzes the investigation and prosecution of contemporary Chinese criminal organizations through the study of
one major human smuggling case: the trial of “Sister Ping.” Data were obtained from media reports, court documents, and from
interviews with parties familiar with the case. It is argued that modern human smuggling groups such as the one run by Sister
Ping are informal and decentralized organizations against which the RICO statute may be of little use.
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2.
Comparing Cuban and Haitian migrant smuggling schemes, this article explores the relationship between violence and the social
organization of migrant smuggling, including the smuggling of refugees. Levels of violence, political repression, and ethnic
persecution in sending states provide an important context for understanding the origins and organization of this illicit
market. Examining the violent threats and acts directed at migrants en route, we argue that violence is not a necessary part
of the illicit market for unauthorized migration, attenuated by the social networks, cultural norms, and contractual relationships
in which it is embedded.
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3.
Illegality does not necessarily breed violence. The relationship between illicit markets and violence depends on institutions
of protection. When state-sponsored protection rackets form, illicit markets can be peaceful. Conversely, the breakdown of
state-sponsored protection rackets, which may result from well-meaning policy reforms intended to improve law enforcement,
can lead to violence. The cases of drug trafficking in contemporary Mexico and Burma show how a focus on the emergence and
breakdown of state-sponsored protection rackets helps explain variation in levels of violence both within and across illicit
markets.
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4.
The world studied by empirical criminal justice research is babble—a congeries of voices whose meanings represent many normative
worlds. Our research designs provide a frame for the babble, and our statistics codify and simplify it. We provide analytic
portraits of it and, using the substantive language of crime control, give those portraits meaning. Yet, those meanings are
located in a crime control discourse that de-legitimizes and destroys those normative worlds. This paper, an interpretive
montage, is a collection of fractured narratives assembled to show that interpretation has something to offer the way we think
about knowledge production in the field of criminal justice. It is also a cautionary tale to students in criminal justice,
to remember that our scientific abstractions are an abstraction from the underlying realities of human life, not a “deeper”
or in some way more real understanding. Our aim is to move the babble—the humanity from which the voices emerge—back into
the foreground of justice research.
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5.
I take it as obvious that attempts to justify the criminal law must be sensitive to matters of criminalization—to what conduct
is proscribed or permitted. I discuss three additional matters that should be addressed in order to justify the criminal law.
First, we must have a rough idea of what degree of deviation is tolerable between the set of criminal laws we ought to have
and the set we really have. Second, we need information about how the criminal law at any given time and place is administered,
since the law in action is bound to differ radically from the law on the books. Finally, we must have some basis for speculating
what life would be like in the absence of a system of criminal justice—if the state ceased to impose punishments.
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6.
This article examines the relationship between how women who experience violence from a male partner construct themselves,
and how criminal legal discourse constructs female victims of violence. It is argued that in both arenas, women are constructed
according to norms which emanate from a discourse of conventional femininity which operates together with a practice of shame.
Utilising empirical data gained from qualitative interviews with women who experienced male violence, the article contends
that the construction of the female victim of violence in criminal legal discourses as imbued with stereotypical ‘feminine’
characteristics such as passivity and weakness, may influence these women’s own construction and understanding of themselves.
The existence of a practice of shame further consolidates the self-regulation of the women themselves to these norms of femininity.
This construction is posited to be problematic as the experiences of women of male violence rarely ‘fit’ within these explanations.
The article contends that in order to better understand women’s experiences of male violence; both criminal legal and individual
women’s discourses need to be read in terms of the power, knowledge and effects which they exert upon individual women. It
is argued that this alternative reading of these discourses has the potential for transformation as they are invested in the
subject.
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7.
This article considers how information and communications technologies (ICT) can be used by organised crime groups to infringe
legal and regulatory controls. Three categories of groups are identified: traditional organised criminal groups which make
use of ICT to enhance their terrestrial criminal activities; organised cybercriminal groups which operate exclusively online;
and organised groups of ideologically and politically motivated individuals who make use of ICT to facilitate their criminal
conduct. The activities of each group are then assessed in relation to five areas of risk: the use of online payment systems,
online auctions, online gaming, social networking sites and blogs. It is concluded that the distinction between traditional
organised crime groups and the other two groups—cybercriminal groups and ideologically/politically motivated cyber groups—is
converging, with financially-motivated attacks becoming more targeted. Legislation will need to adapt to deal with new technological
developments and threats that organised criminals seek to exploit.
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8.
In this article we show—using the estimated cost efficiency of banks—that besides the risk (proxied by the share of non-performing
loans), the quality of operational cost management was an equally important determinant of bank failure risk during the decade
of banking sector transformation in the Czech Republic.
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9.
Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany,
the article presents the results of an empirical study on the individual and collective legitimization of the use of force
by German police officers. There are numerous justifications for the use of force expressed by focus group participants in
eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups,
reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence,
the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur,
although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions,
it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of
the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They
have different influences on the individual legitimization of police actions, intertwined with the perception of the situation
as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification
for the use of force.
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10.
Terrorist violence and violent justice responses have much in common. While contextually dependant, both forms of violence
lay claim to contestred legitimacies. The relationships between terrorism and justice responses require both theoretical and
empirical examination if the prospects for controlling the violence they perpetrate is to be sharpened.
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11.
Drug markets and violence are often presented as inextricably linked. Yet, the use of organized violence by trafficking networks
against each other and against the state is not uniform. Insights into the selective use of violence lie in disputes between
crime groups over control of lucrative distribution networks and market share. Insights into the use of violence against the
state lie in the efforts by criminal justice personnel to curtail the drug trade and the political goals pursued by trafficking
organizations. This article discusses these arguments in the context of cocaine markets and the Americas before turning more
extensively to methamphetamine in the USA and especially Japan. The latter one, understudied by scholars, offers a challenging
plausibility probe for arguments addressing the selective nature of organized violence in drug markets.
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12.
This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes.
Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although
Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.
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13.
This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm principle against legal moralism cannot be cabined in such a way as to leave intact other positions that many liberals want to defend—in particular, certain fundamental constitutional rights and character retributivism in criminal sentencing. In the second part of the essay, he expresses serious doubts—some inspired by Nietzsche—about the versions of character retributivism that he had once enthusiastically defended and now describes himself as no more than a “reluctant retributivist.” 相似文献
14.
This study examined self-reported early exposure to violence in the family of origin and positive attitudes towards marital
violence as risk factors in court-referred Chinese immigrant male batterers ( N = 64) versus controls ( N = 62). Early exposure to violence was positively correlated with marital violence, but it alone did not differentiate the
batterers from the controls, as both groups were widely exposed to it. While it was significantly correlated with marital
violence in the batterer group, it was significantly correlated with depression in the control group. Positive attitudes towards
marital violence were not only correlated with marital violence but also sufficient to differentiate the batterers from the
controls. It also partially mediated the effect of early exposure to violence on marital violence. These two risk factors
together accounted for 21.9% of the variance in marital violence over and above sociodemographic variables and marital dissatisfaction.
Research and treatment implications based on these findings were outlined.
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15.
Conflicting evidence exists on how criminal propensity moderates deterrent effects, and there is little empirical evidence
on this issue from relatively experienced offenders. This study tested how variation in criminal propensity (operationalized
as “low self-control”) moderates deterrent effects in a sample of convicted offenders in New Jersey’s Intensive Supervision
Program in 1989 and 1990. Offenders’ perceptions of the risks and consequences from violating ISP were associated with whether
they successfully completed ISP. Moreover, lower self-control did not diminish, and if anything, enhanced these deterrent
effects.
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16.
The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been
few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample
of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research
based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published
since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have
been applied, identify the limitations of the research to date, and offer suggestions for future research.
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17.
After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice
in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed
by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links
social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked
to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity
and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We
conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural
transformation and violence against women.
This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some
of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance
provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments
and findings included in this article are those of the authors and do not represent the official position of the US Department
of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca.
All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been
changed to maintain confidentiality.
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18.
With the economics of racism of the 1930s and 1950s American South in mind, our essay explores the relationship between the
act of writing and institutional penology. Taking an obscure, but visceral autobiographical account by Paterson and Conrad
( Scottsboro Boy, Garden City Doubleday, 1950), we examine how discipline, punishment, and institutional identity emerge out of publishing, or, as Foucault put it, “the
power of writing.” Narratives of delinquency born out of a racialized penal economy tend to resist attempts to tame the criminal,
making institutional survival a productive discourse, and its articulation, a unique revolutionary act.
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19.
This article provides the background to an international project on use of force by the police that was carried out in seven
countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on
the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has
looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical
encounter developed for this project, researchers in each country conducted focus groups with police officers in which they
were encouraged to talk about the use of force. The results show interesting similarities and differences across countries
and demonstrate the value of using this kind of research focus and methodology.
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20.
This paper investigates the role of transnational organized crime in the democratisation process in the Central Asian area.
It examines the inherent connections that exist between the leading tribal families, political elites and organized crime,
and explores how criminal networks have proliferated in society and consequently in politics. The complete absence of a ruling
élite and striking economic issues left unsolved were the legacy that Soviet rule would leave to the newly independent Central
Asian Republics. After the fall of the former Soviet Union other, more profitable forms of transnational organized crime flourished.
According to the official statistics of the UNODC and the American State Department, 92% of the world’s heroin is produced
in Afghanistan. Of this, around 65% is smuggled into Europe and America along the Silk Road, and therefore through the five
Central Asian Republics and Russia. High levels of corruption in Central Asia heavily affect political and economic life.
The economies of the region have progressively become dominated by criminal activity with smuggling, trafficking and other
activities linked to transnational organized crime as the major source of income. Central Asia’s strategic location makes
this a global security concern.
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