Is restorative justice for sexual crime compatible with various criminal justice systems?

In addition to the more conventional approaches of the criminal justice system, this article suggests that there is a need for restorative justice as another method of addressing sexual crime. In support of this view, the present article explores the possibility of a hybrid justice system based on a complementary relationship between restorative justice and the criminal justice system. An analysis of the limits of the criminal justice system and the need for restorative justice in the contentious area of sexual crime will be followed by a detailed examination of key justice considerations when trying to marry both criminal justice and restorative justice perspectives. Such considerations include: the meaning of justice; legislation; sentencing principles; due process; victims’ rights; and the location of restorative justice within/alongside/outside the criminal justice system. The aim of this article is to determine whether it is possible to reconcile two seemingly juxtaposed methods of justice delivery in the context of sexual crime in order to create a hybrid system of justice that best protects and responds to the rights and needs of victims and offenders.     

“Scholarly influence” and white-collar crime scholarship

This article explores many of the factors that play a role in the relative lack of scholarly influence of criminology and criminal justice professionals who focus on studying white-collar and corporate crime. The latest studies of “scholarly influence” in criminology and criminal justice journals and textbooks based on citation analyses confirm the absence of scholars who study white-collar and corporate crime. The sparse inclusion of white-collar and corporate crime topics in criminology and criminal justice curriculum in academic programs also indicate that the area is considered by many as a subfield rather than a mainstream component of academic criminology. Whether or not this status will change remains to be seen, but, on a positive note, there are a few encouraging signs that scholarly influence in the field will include more white-collar criminologists in the future.     

犯罪化基准论纲

犯罪化包括刑事立法上的犯罪化和刑事司法上的犯罪化。立法上的犯罪化是解决前实定法上的实质犯罪的犯罪化问题,司法上的犯罪化是实现实定法上的形式犯罪的犯罪化问题。立法上的犯罪化基准其根据是行为具有应受刑罚处罚程度的社会危害性,其原则是刑法的谦抑原则和合理性原则;司法上的犯罪化基准其根据是刑事违法性和社会危害性,其原则是刑法的谦抑原则和合法性原则。     

论罪过形式的“知欲构造”——兼论酒后驾车连续撞人事件的罪过定性

＂知＂和＂欲＂可以被分别用来对应罪过理论中的＂认识因素＂和＂意志因素＂。＂知＂和＂欲＂结合在一起所形成的＂知欲构造＂可以用来对罪过形式重新进行分类,而疏忽大意的过失将不属于罪过形式的一种。用＂知欲构造＂对罪过形式所作出的重新分类将有助于在刑法立法上适度紧缩犯罪圈和刑法司法上实现刑法的基本价值。     

Crime and Security in Asia: Diversity and Development

The Asian Journal of Criminology aims to advance the study of criminology and criminal justice in Asia, to promote evidence-based public policy in crime prevention and to promote comparative studies about crime and criminal justice. Asia’s cultural and legal diversity are discussed in the light of the variations in rates of crime, imprisonment and victimisation. Fostering a criminological community in Asia will contribute to improvements in the provision of mutual legal assistance that is now required to combat trans-national crime.     

New Legislation in the Union Republics with Respect to the Legal Profession

The Soviet legal profession occupies a place of honor in the system of government and public organizations whose duty it is to protect the rights and liberties of Soviet citizens and to strengthen socialist legality and order. In performing the function of defense in criminal trials and in providing other legal services to citizens, enterprises, institutions and organizations, and by vigorous activity to educate the people with respect to Soviet law, lawyers promote the defense of the rights and legal interests of the citizenry, their training in a spirit of respect for Soviet laws, prevention of crime, strengthening of socialist legality, and proper administration of justice.     

Sustainable economic development: A criminal justice challenge for the 21st century

The environmental challenges of the 21^st century require co-operation between criminal justice experts and economists. Three different economics perspectives are relevant for the discipline of criminal justice in general and for adressing environmental problems in particular: neo-classical econoics, political economics and the economics of sustainable development. Criminal justice pays a role in the effort to attain sustainable development because the limitations of market based decision making necessitate a role for law and regulation in addressing environmental degradation. Sustainable development itself is relevant to the general discussion of crime. Issues of sustainable development are already discussed in criminal justice literature. While criminal law has limitations as a tool against environmental crime, it will necessarily suplement the tools of the market and civil regulation in coping with environmental problems. The inherently multidisciplinary undertaking of sustainable development will be most effectively met if experts in both economics and criminal justice understand more of one another's fields. Suggestions for including the three perspectives of economics in the criminal justice curriculum are provided.     

Crime in Asia: Toward a Better Future

There are two fundamental ways to reduce crime: fix crime prevention weaknesses or build on crime prevention strengths. Three crime prevention strengths that have delivered most Asian societies comparatively low and falling levels of violence are considered: (1) war reduction as a path to reduction of common criminal violence; (2) comparatively low levels of inequality; (3) comparatively low ratios of stigmatizing to reintegrative social control that respects human dignity. Transformative justice that addresses the root causes of wars, reduces inequalities of wealth and power, and empowers communities to do their own restorative justice are paths considered for building a nonviolent Asian future.     

Punitive Restoration and Restorative Justice

Criminal justice policy faces the twin challenges of improving our crime reduction efforts while increasing public confidence. These challenges are exacerbated by the fact that at least some measures popular with the public are counterproductive to greater crime reduction. How to achieve greater crime reduction without sacrificing public confidence? While restorative justice approaches offer a promising alternative to traditional sentencing with the potential to achieve these goals, they suffer from several serious obstacles, not least their relatively limited applicability, flexibility, and public support. Punitive restoration is a new and distinctive idea about restorative justice modeled on an important principle of stakeholding, which states that those who have a stake in penal outcomes should have a say about them. Punitive restoration is restorative insofar as it aims to achieve the restoration of rights infringed or threatened by criminal offences. Punitive restoration is punitive insofar as the available options for this agreement are more punitive than found in most restorative justice approaches, such as the option of some form of hard treatment. Punitive restoration sheds new light on how we may meet the twin challenges of improving our efforts to reduce reoffending without sacrificing public confidence, demonstrating how restorative practices can be embedded deeper within the criminal justice system.     

The roots of Russian organized crime: from old-fashioned professionals to the organized criminal groups of today

This study focuses on the development of persons and organizations in the successor states of the Soviet Union, with an emphasis on Russia. It examines the development of criminal professionalism in Russia between the seventeenth and nineteenth centuries and argues that exiling peasants to Siberia contributed to the development of a criminal underworld and the creation of a professional criminal underclass. In the early to late Soviet periods, vory v zakone, or “thieves-in-law,” evolved together with criminal groups as a means to survive in the GULAG, these criminal groups operating within the Soviet prisons and penal colonies. Inadequacies of the Soviet system of central planning led to the criminalization of the Soviet economy and the emergence of the thieves-in-law as critical players. Activities such as racketeering, robbery, and other crimes were dangerous but predominantly secondary. The roots of the Russian mafia lie in the innermost depths of the Russian shadow economy. Some of the key aspects of the post-Soviet privatization process are analyzed together with the interaction between various levels of the Russian government and organized crime groups. It is argued that the state was not corrupted by organized crime groups, but rather the organized crime groups became the state. In the new Russia, organized crime groups and corrupt government executives work together to generatea new criminal state.     

The impact of higher education on crime orientations

The formulation of crime policy is as complex as the phenomenon of crime itself. Numerous orientations to crime vie for consideration in the policy process, and the result is usually a confounding mixture of concepts and policies. It is the purpose of this study to analyze four prevalant orientations to crime and to assess the impact of a college education on student attitudes toward the different orientations. The findings suggest that criminal justice education and higher education, in general, have a significant impact on individuals' perceptions of the causes of crime and the functions of the criminal justice system. Given the increased emphasis on higher education within the justice system, the educational process is likely to play an important role in the evolution of criminal justice policies.     

刑事诉讼证明问题的实体法依据--兼论刑事实体法与程序法的一体化

推定是刑事实体法与程序法中同时存在的范畴,构成了二者之间的联结点。刑事诉讼中证明责任分配与证明标准选择的依据,实际上源于实体法中犯罪构成体系的推定机能。我国犯罪构成体系源自前苏联,前苏联在改造大陆法系犯罪构成体系时,在内容上抛弃了违法性要件,并在结构上破坏了其层次性,导致该体系推定机能的丧失。为此,需要恢复我国犯罪构成体系的推定机能,以实现犯罪构成对刑事诉讼证明问题的指导功能,实现刑事实体法与程序法的一体化。     

Affairs of the Heart: Hate Crime and the Politics of Crime Control

Various scholars have noted the priority given to law in the politics of hate violence; violence is the problem and law, more specifically the criminal law, the solution at the ‘heart’ of society. This article seeks to explore some of the gaps and silences in the existing literature and politics that mobilize these ideas and associations. It is the gap sand silences associated with demands for and expectations of criminal justice that will be the particular concern of this article. The demand for law is examined by way of David Garland's recent work on the culture of crime control. His work offers an analysis of the contemporary place of crime control in Anglo-American liberal democracies. A distinctive feature of his analysis is to be found in the way it maps an important paradox of contemporary crime control; its political centrality and an increasing recognition of its limitations. Garland's ‘criminology of the self’ and the ‘criminology of the other’ raise some important challenges for those who advocate resort to crime control. My particular concern is to consider the significance of Garland's work for a contemporary sexual politics that puts violence and criminal justice at the heart of that politics. Feminist, gay and lesbian scholarship first on criminal justice and second, on violence and law will be used to develop a critical dialogue with Garland's analysis and to reflect upon the challenges raised by his insights into contemporary crime control. This revised version was published online in July 2006 with corrections to the Cover Date.     

National Security vs Criminal law. Perspectives,Doubts and Concerns on the Criminalisation of Organised Crime in England and Wales

This paper will interpret and critically analyse the new offence for organised crime in England and Wales (Section 45 of the Serious Crime Act 2015) from a criminological perspective in light of evidence found in research in the country. It will argue that changes in the law relate to changes in political narratives rather than to variations in the criminal panorama of organised crime. It will discuss these changes within three perspectives, which address various levels of concern: a narrative perspective, which reflects on the overlapping of meanings in the use of the words ‘organised crime’; an evolution perspective, which reflects on the origins of the new participation offences with reference to both national and international pressures; a management perspective, which reflects on some of the immediate effects of the new offences of organised crime on the criminal justice system. This paper will conclude that political narratives have indeed influenced criminal policy, while there is no significant change in the phenomenon of organised crime to justify such narratives.     

Swedish crime scene technicians: facilitations,epistemic frictions and professionalization from the outside

ABSTRACT

This article investigates the role of crime scene technicians in the Swedish criminal justice system, and particularly how Swedish crime scene technicians not only examine crime scenes but also facilitate the criminal justice system’s joint production of forensic evidence. It proposes thinking about the criminal justice system as a conglomeration of epistemic cultures, that is, of communities with different ways of producing and understanding forensic evidence. Such a perspective makes it possible to understand interprofessional frictions as epistemic frictions as well as to draw attention to the facilitations, mediations and translations that crime scene technicians perform. This perspective also makes it possible to illuminate how the crime scene technicians’ professionalization – a professionalization from the outside – affects both their future crime scene work and their facilitations.     

Women in Crime and Justice

ABSTRACT

Drawing upon feminist research on women in crime and justice, this study examines patterns of female crime in Israel over four decades and the criminal justice response to female offenders over two decades. The data show that crime patterns of Israeli women and the criminal justice response to their transgressions show remarkable resemblance to those discerned in other western countries. The article concludes that feminist insights and explanatory mechanisms suggested in other western countries are congruent with findings about women in crime and justice in Israel.     

关于诉讼欺诈定性的障碍及立法完善

传统诈骗罪构成要件所预定的内容不能涵括诉讼欺诈行为;将诉讼欺诈定性为诈骗罪有违罪刑法定之嫌;诉讼欺诈所侵害的法益具有双重性,且对司法的妨害要甚于对公私财产权的危害;完善刑事立法单独设罪处刑(欺诈诉讼罪)应是我们的价值取向。     

Corrective Justice as A Principle of Criminal Law: A Prolegomenon

This article argues that corrective justice is an adequate principle of criminalization. On my interpretation, corrective justice holds that, in order for an action to count as a crime, there needs to be a plausible normative story about an offender having violated the interests of a victim in a way that disturbs their relationship as equal persons and a subsequent story about responding to crime in a way that corrects this disturbance. More specifically, I claim that corrective justice is concerned with the protection of interests that persons have in owning private goods throughout standard interactions with other persons. The argument proceeds in three steps. First, I specify the subject-matter that principles of criminal law need to ground and provide an outline of the idea of corrective justice. Second, I show that corrective justice can account for the main cases of crime and the salient modes of criminal responsibility. I also argue that corrective justice can make sense of two prima facie recalcitrant types of cases (rape and inchoate offenses). Third, and finally, I address two objections to my corrective justice theory of criminal law. The first concerns the implications corrective justice has for locating criminal law along the private/public law divide. The second objection raises the putatively problematic consequences corrective justice has for understanding the separation between criminal and civil law.     

Procedural Justice and Psychological Effects of Criminal Proceedings: The Moderating Effect of Offense Type

It is well-established that victims of crime have numerous preferences when encountering the criminal justice system. Often, research examines these preferences in terms of procedural justice, asserting that elements such as voice, respect, and fair treatment may lead to greater satisfaction and more positive experiences. Positive experiences also entail preventing secondary victimization by the legal system. Much of the research surrounding this topic, however, discusses victims of crime as a single entity. The current research examines if differences among crime victims, namely whether they suffered sexual or non-sexual victimizations, influence their legal preferences. Victims of sexual assault have undergone particularly traumatic and stigmatizing experiences that may warrant a greater need for expression and understanding of their harm. It is hypothesized that for victims of sexual assault, there will be a stronger association between procedural justice and negative psychological effects of criminal proceedings. Therefore, type of offense is examined as a moderator variable of this relationship. Hierarchical regression analysis indicated that there is in fact an interaction effect for procedural justice and psychological effects, suggesting that these preferences are more desired by victims of sexual assault.