The impact of racial slurs and racism on the perceptions and punishment of violent crime

When a crime is committed by an individual of one race against an individual of another race, there is the possibility that the crime is a hate crime. Legislation often mandates harsher penalties for perpetrators convicted of crimes determined to be hate crimes, yet this determination is difficult to make. This study used vignettes of violent crimes to examine how the races of the perpetrators and victims, the severity of the assault, and the use of racial slurs by the perpetrators would affect perceptions of the crimes as "hate crimes," victim blaming, and sentencing recommendations. Results showed that each of these factors affected participants' perceptions and punishments of violent crime. Participants' levels of racism were an additional factor. These results contribute to the understanding of how crimes in which the perpetrator's and victim's races differ are perceived.     

论继承性共犯

继承性共犯,是指在先行为人已经实施了犯罪的手段行为或者结合犯的前一犯罪之后,以共同的犯罪故意单独或者帮助先行为人实施犯罪的目的行为或者结合犯的后一犯罪的犯罪人。继承性共犯只存在于两种犯罪形态中:一是由手段行为和目的行为结合而成的犯罪,二是结合犯。对继承性共犯应确定与被继承性共犯同样的罪名。     

Criminal history and assaults on intimate partners by Mexican American and non-Mexican White college students

This study analyzed a sample of 348 college students to examine the role that criminal history and Mexican ethnicity play in predicting intimate partner violence. Respondents who committed crimes in the past (before the age of 15) had a higher probability of severely physically assaulting a partner than those respondents who had committed crime later in life (after the age of 15). A history of property crime was found to be a better predictor of severe partner assault than a history of violent crime. The results support a generalist perspective on crime, which states that most individuals typically do not commit one type of crime solely but commit a variety of different crimes (property and violent). This study also found differences between Mexican American and non-Mexican White students in reference to minor assaults on a partner.     

Psychosocial characteristics of criminals committing incest and other sex offenses: a survey in a Taiwanese prison

The purpose of this study was to investigate the psychosocial characteristics of criminals who had committed incest or other sexual offenses. The participants, 240 criminals serving sentences for sex offenses in a Taiwanese prison, were divided into two groups: incest offenders (20.4%) and other sex offenders (79.6%). The psychosocial characteristics taken into consideration included age, parental survival, education, marital status, previous crime records, drug and alcohol abuse, diagnosed mental disorders, and victim abuse at the time of the offense. After an analysis of the data, the authors concluded that even though incest offenders showed fewer mental disorders, they needed psychiatric treatment and that this treatment should be focused not only on their mental disorder and related symptoms but especially to correct their abnormal behavior. Also, attention should be given to their psychosocial characteristics.     

The role of criminal record in the federal sentencing guidelines

In this paper my concern is with the collective moral responsibility of criminal investigators for the outcomes of their investigations, bearing in mind that it is important to distinguish collective moral responsibility from, and relate it to, individual moral responsibility. In what sense, if any, are police detectives individually and collectively morally responsible for their success (or, for that matter, their failure) in gathering sufficient evidence to identify, arrest, and charge an offender who has committed a serious crime? Alternatively, in what sense are they morally responsible in cases where they identify, arrest, and charge an innocent person? And in what sense, if any, are police detectives individually and collectively morally responsible for the ultimate outcome of the trial, the finding by the courts of someone they have investigated and charged with a serious crime to be guilty or innocent?     

Public Opinion of Teen,Classroom, and Formal Court Styles

The present research examined the views of a community sample regarding teen court, classroom court, and formal/traditional court. Participants read vignettes of teen offenders who had committed crimes of high or low severity and were given relatively severe or mild sentences through one of the three courts. Results revealed stronger support for teen court than the other courts, a general preference for harsh sentences, and a preference for match between crime and punishment. The results of this study indicate that teen courts are seen as providing an appropriate means to sentence juvenile offenders and are likely to receive public support for their continued operation.     

Compatibility Between Mental Disorder and Mental Capacity: Analysis of a Particular Case of Group Sexual Homicide

Abstract: On the night of August 19, 2000, at the foot of Castel del Monte, an 8‐year‐old girl was brutally murdered. The perpetrators were identified as five young men who captured their victim and sexually abused her. The policemen found the cadaver by following “Mario,” one of the five, who had been discovered lying on the ground, near the castle. Investigation led to demonstrate that the murder was not premeditated. The only desire of the group was to sexually molest the little girl. Mario showed signs of psychiatric pathology and for that he underwent psychiatric evaluation by judicial authorities. Analysis of this case, combined with a criminological and medical‐legal perspective led to conclusions very much different from the expectations of Mario’s defense attorneys. Mario, a marginal figure and seemingly the least intelligent, played the role of group instigator, both in the initiation of sexually abusing the child, as well as in the elimination of an inconvenient witness. However, the group was able to activate Mario’s sadistic fantasies and his sexual perversions, and he ended up in a catalyzing role influencing the behavior of others and realizing what would otherwise remain only fantasies. The circularity of the group allows people like Mario, who are apparently subordinate, to influence the behavior of others. Mario was found to have a mental disorder but it was not sufficient to diminish his personal responsibility related to the crime. In fact, according to Italian judicial code, it is necessary that the motivation for the crime was psychopathological. It was for this reason that, according to Italian law, all of the members of the group were considered to be responsible for the crimes committed and were condemned.     

The link between recurrent maltreatment and offending behaviour

This article considers recurrent maltreatment and offending behaviour. The sample was 60 males and 19 females (11 to 18 years) resident within a secure institution in England and considered a risk to themselves and/or others. Overall, 20.8% had not experienced maltreatment, 6.5% had experienced a single incident, 11.7% were repeat victims (same perpetrator), 6.5% were revictimised (different perpetrators), and more than half (54.5%) had suffered both repeat and revictimisation. Of those who had committed a violent and/or sexual crime, 74% had experienced some form of revictimisation, compared to 33% of those who committed nonviolent offences. Those young people most likely to have committed violent and/or sexual crimes were those who had been victims of recurrent extrafamilial maltreatment (many of whom had also experienced recurrent intrafamilial maltreatment). Thus, in this sample, revictimisation was associated with serious crimes. However, these findings are preliminary, and prospective research with a larger sample is needed.     

The Nature and Prevalence of Familicide in the United States, 2000–2009

Familicide refers to the killing of multiple family members, most commonly the homicide of an intimate partner and at least one child. This study examines the prevalence of familicide in the United States. Second, it explores the relationship between the prevalence of familicide and the prevalence of financial problems in the United States by making use of Supplementary Homicide Reports data and newspaper reports. In the period of 2000–2009, familicide involving an intimate partner and child(ren) occurred approximately 23 times per year. The majority of the perpetrators were male, who committed the offense with a firearm. Familicides involving an intimate partner and child(ren) with financial motives alone occurred 4 to 5 times per year. The results showed that the association between familicide and financial problems is not a straightforward one. Even though correlational analyses suggest a relationship between the two, the prevalence of familicide motivated by financial problems was unrelated to periods of financial downfall. Directions for future research are discussed.     

Intimate partner homicide,immigration and citizenship: evidence from Norway 1990–2012

Intimate partner homicides (IPH) are fatal violent attacks perpetrated by intimate partners. Immigrants are overrepresented in the IPH statistics as both perpetrators and victims. If explanatory factors for this are not studied, immigrants may be stigmatized. The present study investigates whether IPHs committed by immigrant perpetrators have characteristics that differentiate them from IPHs committed by the native majority of IPH perpetrators. All IPHs in Norway from 1990 to 2012 (N = 177) were included. Quantitative data were extracted through structured investigation of court documents. Information concerning risk factors (previous intimate partner violence and sociodemographic, contextual and clinical factors) was drawn from three validated risk assessment instruments. Univariate analysis and multivariate logistic regression analyses were conducted. When adjusted for other group differences, very few differences remained in the multivariate models. IPHs perpetrated by immigrants differed from cases with native perpetrators on modus operandi and ascribed motives and resulted in longer sentences than IPHs with native perpetrators. This study indicates considerable similarities in IPHs perpetrated by immigrants and natives. Findings indicating that IPHs by immigrants were perceived differently in the justice system need further investigation.     

Correlates of distance to crime in Mexico City

This study examined the correlates of distance to crime in a sample of 412 prison inmates in the Mexico City Metropolitan Area. The study focused on crimes of theft and included a spatial analysis of the crime scene and the place of residence of the prison inmates. The data show a high clustering of criminals in a few neighbourhoods surrounding the old downtown area. Also, 38.8% of the sampled criminals committed their crimes in the same neighbourhood where they lived. Regression analysis revealed two independent and positive correlations of distance to crime: the monetary gain of the crime and if the prison inmates' intimate partner was also in jail. These findings suggest that, aside from the monetary rationale in the distance to crime function, the neighbourhood and family contexts deserve further research for a better understanding of criminal behaviour in Mexico.     

The Concept of a Joint Criminal Enterprise and Domestic Modes of Liability for Parties to a Crime: A Comparison of German and English Law

The concept of a Joint Criminal Enterprise (JCE) has becomea useful tool in international criminal law. It allows courtsto hold individuals criminally liable for group activities towhich they have contributed in a criminally relevant way. Theconcept allows for an attribution of criminal responsibilityof unforeseen consequences of such group activities, and itseems to enable the prosecution and the courts to extend criminalliability to high-level perpetrators that use subordinated personsfor their criminal aims. The advantages of such a tool are obvioussince the crimes under international criminal law are mostlyof a systematic, large-scale and collective character, whiledomestic criminal law mainly deals with less complex crimesthat are normally committed by individuals who can easily belinked to the crime. Due to this empirical or criminologicalfact, it seems logical that the normal modes of liability forparties to a crime used in domestic criminal law need to beadapted, and that a rather extensive assignment of criminalliability for secondary parties is justified in internationalcriminal law. This article seeks to question this assumptionby undertaking a comparative analysis of domestic modes of liability.The author aims to show, on the one hand, to what extent theconcept of JCE is in line with the general concept of partiesto a crime in domestic criminal law. On the other hand, theauthor argues that abandoning the idea of JCE as an independentmode of liability may lead to better compliance with the principlesof legality and individual criminal responsibility and therebyincrease the legitimacy of international criminal law.     

肖志军案中的刑法难题和价值取向——不作为、因果关系与间接故意之新界

丈夫拒绝签字导致妻子死亡的行为属于间接故意杀人。肖志军因具有法定的救助义务而成立不作为;刑法应偏向患者利益,在医疗领域中采用风险增高理论来判断因果关系;在拒签时,肖志军认识到了妻子死亡的具体危险性,这决定了他属于间接故意的杀人。在社会救助体制缺失时,刑法期待通过强化个人责任而确立"全力救助患者生命"的价值导向。     

论共同过失犯罪的立法完善

我国刑法明文规定:“共同犯罪是指二人以上的共同故意犯罪;共同过失犯罪,不以共同犯罪论处。”这一方面在立法上承认有共同过失犯罪行为,另一方面又不确认其为共同犯罪,这与现实情况及共同犯罪的法理极不相称。因此,我国刑法在立法上确认共同过失犯罪为共同犯罪,并完善共同犯罪人和刑事责任的规定,确属十分必要。     

THE IMPACT OF ENHANCED PRISON TERMS FOR FELONIES COMMITTED WITH GUNS*

Legislation mandating minimum sentences or additions to sentences for crimes committed with guns is a frequent response to gun problems. We compiled these state laws and estimated their impact on state prison populations, prison admissions, UCR crime rates, and gun use in homicides, assaults and robberies. We employed a multiple time series research design, with data for nearly all states over the past 16 to 24 years, such that for any one state the remaining states operated as controls. Several small-scale studies have suggested that the laws might reduce some types of gun crime. We found that the laws produced such an impact in no more than a few states and that there is little evidence that the laws generally reduce crime or increase prison populations.     

Group and solo robberies: Do accomplices shape criminal form?

Robbery is frequently committed in groups, yet previous literature gives only passing attention to the role of co-offending. The effects of co-offenders on criminal decisions and the form crime takes when committed by groups are largely unknown. Drawing on individual interviews with convicted robbers, offenders who committed their crime alone are compared with those who co-offended. The study considered whether the presence of accomplices significantly affected perceptions of planning, control, victim selection, and victim cooperation. Findings revealed that group interaction shapes the decision to commit crime. Co-offending increased planning and the sense of control that offenders experienced during the robbery. No evidence was found to indicate that crime with co-offenders changed the way robbery victims were selected.     

Command Responsibility: Mode of Liability for the Crimes of Subordinates or Separate Offence of the Superior?

The nature of command responsibility is still open to debatein international criminal law: is a superior to be held criminallyresponsible for the crimes committed by his subordinates ‘asan accomplice’, for having participated in the commissionof the crime by omission, or as a perpetrator of a separateoffence of dereliction of duty? This article surveys the post-WW2case law and the first international instruments on this point,and then analyses the jurisprudence of the International CriminalTribunal for the former Yugoslavia (ICTY). The judges appearto have recently adopted a new approach to Article 7(3) ICTYSt.in that the superior is held responsible ‘for failureto prevent or punish with regard to the crimes of the subordinate’and no longer ‘for the crimes of his subordinates’.It is a responsibility ‘sui generis’ indeed, wherethe crime of the subordinate plays a central role in the attributionof responsibility to the superior. It is, therefore, necessaryto carefully consider the relationship between the superior'sfailure to act and the subordinate's crime, both with regardto objective and subjective elements. The same question finallyarises in relation to Article 28 of the Rome Statute, the literalinterpretation of which implies that a superior shall be punishedfor the same crime committed by his subordinates. In order toavoid the risk of holding a person guilty of an offence committedby others in violation of the principle of personal and culpablecriminal responsibility, it is crucial to consider separatelythe different cases of command responsibility, which are basedon distinct objective and subjective requirements.     

Sentencing white-collar criminals: when is shaming viable?

When does shaming work as an alternative to incarceration and fines in sentencing white-collar criminals? In the light of recent economic downturn and highly publicised instances of white-collar crime, public opinion has demanded harsher sentences for white-collar criminals. In order to appease this demand, as well as consider the pressing problem of prison overpopulation, alternative sanctions, such as formal shaming, have been increasingly studied. Through examination of the costs and consequences of incarceration and shaming, this article will explain that since the costs of shaming sanctions are largely fixed, shaming sanctions are most viable when used in conjunction with alternative sanctions so that courts can impose sanction bundles of costs commensurate with the level of offense committed by an offender.     

Recidivism among sex offenders: a follow-up study of 541 Norwegian sex offenders

A study of recidivism to sexual offences was conducted among Norwegian males who had received their first conviction for a sexual crime during the years 1970-1974. Five hundred and forty-one out of a total of 1,071 offenders were randomly selected and followed by means of official and public register systems until the end of August 1983. No one was contacted personally by the investigators. The recidivism rate was 12.8%, with the rapists having the highest tendency to commit new sexual crimes. Acts like incest, exploitation of someone in the custody of the perpetrator or similar felonies against so-called public morals were least likely to be repeated. Most of the repeat offenders only had one single subsequent offence, either of the same type of crime as at the first or to a less severe crime. Only a handful committed more than one repeat offence. A large number of the sexual offenders had committed others types of crimes, some prior to their first conviction for the sexual crime and some subsequent. Most of our criminally convicted males had a record of mixed criminality, in which crimes of profit and violence dominated.