Naming without shaming: The publication of sanctions in the Dutch financial market

Enforcement agencies increasingly disclose or “name and shame” corporate offenders. This article uses responsive regulation as a framework for an empirical study of the impact of non‐anonymous publication of sanctions in the Dutch financial market. These publications are characterized as “naming without shaming”, because they are used for technical guidance rather than with the intention to shame. The findings show that naming offenders functions as a general deterrent in the market for financial intermediaries, but considerably less so in the capital market. In both markets, the publication of sanctions weakened the impact of enforcement. In the capital market, the publications neutralized the seriousness of offenses and contributed to the image of the regulator as powerless. In the market for financial intermediaries, naming offenders was perceived as stigmatizing shaming and led to defiance, rather than compliance. The case study suggests, however, that the publication of sanctions may provide an opportunity for guidance, provided they contain a moral message, rather than technical instruction.     

渎职罪的范畴应当扩大

渎职罪是国家公职人员利用公权的职务性犯罪，相比其他刑事犯罪，犯罪主体是国家机关工作人员，犯罪行为具有典型的职务特征，侵犯的社会关系具有特定性，从渎职罪的特性分析：包庇纵容黑社会性质组织罪、瞒报不报安全事故罪、缉毒人员包庇毒品犯罪分子罪、司法工作人员妨害作证罪和帮助毁灭、伪造证据罪应归入渎职罪。     

A cure for crime: Can mental health treatment diversion reduce crime among youth?

Youth crime is a serious social problem, as is the high proportion of young offenders in the juvenile justice system who have mental disorders. A recent policy innovation applies the theory of therapeutic jurisprudence and diverts youth with mental disorders to treatment in lieu of further court processing. The expansion of mental health diversion programs reflects an increasingly popular view that there is a causal relationship between youth mental disorders and crime. Policymakers who share this view place greater emphasis on rehabilitation and treatment as a way to reduce crime, rather than on stricter punishment. This paper considers the policy issues around youth mental health diversion programs. In addition, it evaluates the effect of a mental health diversion program for youth that was implemented in Texas. The paper finds that mental health diversion can be used effectively to delay or prevent youth recidivism.     

我国未成年犯社区矫正进程中的几个问题

现阶段我国未成年犯社区矫正工作尚处于探索阶段,实践中存在许多不足之处。大多数学者比较注重未成年犯社区矫正的立法、矫正项目、矫正队伍等问题,忽略了农村地区、流动在城市的外来未成年犯的社区矫正工作。探索并解决好这些问题,对我国未成年犯社区矫正的健康发展有所裨益。     

A Failure of Good Intentions: An Analysis of Juvenile Justice Reform in San Francisco during the 1990s

This study examines the impact of juvenile justice on San Francisco's youth detention population during the 1990s. Because successful juvenile justice reform is measured by reductions in both detention populations and the disproportionate impact on minority youth, this study attempts to evaluate two closely related issues: (1) Did San Francisco juvenile justice reform lead to reductions in juvenile detention bookings? (2) Did San Francisco juvenile justice reform reduce disproportionate minority confinement? The results of the study demonstrated that in fact neither of these results occurred. The data clearly show that what happened instead was “net widening” whereby offenders previously excluded from the juvenile justice system were processed. This was especially the case for minority females, whose rate of detention increased more than any other group. Implications for social policies are discussed.     

Punishing environmental crimes: An empirical study from lower courts to the court of appeal

We analyze judicial policy lines concerning the punishment of environmental crime using a unique European dataset of individual criminal cases, including case‐specific information on offenses and offenders. We investigate policy choices made by lower criminal courts, as well as their follow‐up by the relevant court of appeal. The sanctioning policy of the courts has proven to be varied as well as consistent. Judges carefully balance effective and suspended penalties, most often using them cumulatively, but in specific cases opting to use them as substitutes. Overall, both judges in lower and appeal courts balance environmental law and classic criminal law and aim at protecting individuals and their possessions as well as the environment.     

RHETORIC AND REALITY IN THE REFORM OF JUVENILE JUSTICE POLICY

In the 1960s and 1970s dissatisfaction with the administration of juvenile justice led to a reform movement which advocated "diversion, deinstitutionalization," and the decriminalization of status offenses as strategies to reduce the harmfulness of official contacts. This paper argues not only that these reforms have not been successfully implemented, but also that the traditional system has been maintained and extended. Explanations for the failure of these reforms are offered and a new direction is suggested.     

A CRITICAL ASSESSMENT OF ELECTRONIC MONITORING IN CORRECTIONS

Electronic monitoring is a recent advance in information gathering for correctional program administration. To be effective in achieving correctional goals, electronic monitors must be applied to offenders when there is some risk of performance problem. Advocates of electronic monitoring argue they can promote public safety, save tax dollars, and enhance correctional performance. Because corrections systems find it so difficult to innovate with offenders who represent a risk to society, these claims are overstated. Electronic monitoring raises short-term concerns concerning damage to correctional program credibility and long-term concerns about the enhancement of social control.     

Civic implications of restorative justice theory: Citizen participation and criminal justice policy

Restorative justice, a normative theory and reform movement emphasizing dialogue and reconciliation between victim, offender, and community, is a widespread, if experimental, part of the practice of criminal justice in the United States. This essay argues that restorative justice draws connections between civic engagement and punishment practices that distinguish it as a normative theory of criminal justice. Advocates of restorative justice expect the growth of non-punitive attitudes and the weakening of support for incarceration to emerge from a public and lay-oriented context of adjudication. The role of lay participation in achieving social change, although prominent in restorative justice critiques of mainstream criminal justice norms and practices, has not been clearly articulated in practical terms. Significant ambiguities remain regarding the degree of lay participation, scope of authority, and the focus of restorative justice forums. The essay argues that an adequate assessment of restorative justice experiments should include an analysis of their impact on public attitudes towards crime and crime control policy and not simply on their impact on the specific victims and offenders involved. The link between less incarceration and restorative justice forums is public willingness to grant them the authority to hear and sanction offenses that would ordinarily receive incarceration. Whether and how they can influence broader public attitudes, then, is a critical test of restorative justice effectiveness.     

Increase in the length of incarceration and the subsequent labor market outcomes: Evidence from men released from Illinois state prisons

The sharp rise in U.S. incarceration rates has heightened long‐standing concerns among scholars and policymakers that lengthy incarceration permanently harms the future labor market outcomes of prisoners. If true, then lengthy prison sentences will not only punish criminals for crimes committed, but will also make it far more difficult for ex‐prisoners to reenter society as productive citizens. To investigate this claim I examine how increase in duration of incarceration affects subsequent earnings and employment. Comparing long‐serving prisoners with short‐serving ones in the Illinois state prison system, I find that the length of incarceration is positively associated with earnings and employment, even though these effects attenuate over time. The positive effects are stronger for individuals convicted of economically motivated and less violent crimes (such as property‐ and drug‐related offenses) than for those convicted of violent crimes (such as person‐related offenses). The effect is also stronger for prison entrants with self‐reported drug addiction problems. The deterrent effect of lengthy incarceration and rehabilitation during incarceration are possible reasons for this positive effect. However, because this paper analyzes men who served less than four years in Illinois prison and excludes the population of men who served their terms exclusively in jail, readers should be cautious about generalizing findings of this paper. © 2011 by the Association for Public Policy Analysis and Management.     

渎职犯罪中追诉时效适用的疑难问题探析

在渎职犯罪中,因不法行为与危害结果之间通常会存在一定的时间间隔,而且其中存在大量的情节犯,因此,追诉时效的认定是司法实务工作中的难点。通过建立类型化的分析方式,根据不同形态的渎职犯罪结构上的差异,即成犯与隔隙犯、状态犯与继续犯等犯罪形态的不同,确定相应的追诉时效起点和期限的判断标准,对于指导司法实践具有重要的意义和价值。     

The ICC and the Prevention of Atrocities: Criminological Perspectives

One of the founding principles of the International Criminal Court (ICC) is the prevention of atrocities by punishing those most responsible for them. This paper builds on the literature that has both hailed and critiqued the prospects of the ICC’s ability to deter future atrocities, adding insights from criminology and psychology to enhance the understanding of the ICC’s deterrent capabilities. This will allow for a more careful analysis of how the deterrence process exactly works. The paper then uses these insights to examine the ICC’s experiences over the past 14 years with deterring offenders. The main findings are that, although the ICC can constructively contribute to a normative shift toward accountability and a change in international rules of legitimacy, its prospects for the direct and meaningful deterrence of future atrocities are slim. The current practice of relying on the ICC as a crisis management tool is therefore both unwise and unfair.     

Regional Council Program Priorities for the 1990s: Two Emerging Program Clusters, Leading to a Policy Question About Human Services

This research demonstrates that regional councils across the nation are developing a clearer program focus for the 1990s. Two clusters of program priorities are emerging for the future: (1) a transportation planning and environmental preservation cluster and (2) an economic and human resources development cluster. Regional growth is useful as a predictor of the future priorities council executive directors expect to place on these clusters. It is positively associated with future priorities for transportation planning and environmental preservation programs, and negatively associated with future priorities for economic and human resources development programs. However, human services programs do not fall in either program cluster. They receive the lowest future priorities of any major subgroup of programs, leading to a policy question about the role of regional councils in human services delivery in the 1990s and beyond.     

The "Best Place" Debate: A Comparison of Graduate Education Programs for Nonprofit Managers

This article presents a critical examination of the curricular elements of nonprofit management degree programs in colleges of business, public administration, and social work. What are the major curricular elements in each type of program? How do the curricular elements of these programs compare with generic management degree programs? What are the central challenges facing managers of nonprofit organizations, and how are these challenges addressed in each program? Based on the curricular review, is one setting more favorable for students of nonprofit management? What are the views of stakeholders regarding the “best place” to educate managers? Data collected from focus groups and surveys of stakeholders in each of these academic settings are presented. The paper concludes with a discussion of the implications of these findings for the future of nonprofit management education in the United States.     

Nudging public budget officers: A field-based survey experiment

Existing research has focused on budget officers' intertemporal decision-making but has not addressed the problem that budget officers tend to underestimate future outcomes in the budget process. This study experimentally investigates how messages containing behavioral economics “nudges,” addressing the underestimation, influence budget officers' assessments. We conducted a survey experiment with responses from 484 budget officers in local governments throughout Japan. Respondents assessed a hypothetical environmental policy program budget, after having been randomly assigned to one of four groups, each given a different set of information and messaging: (A) baseline information (including future outcome information), (B) additional information with a loss-framing nudge, (C) additional information with a social comparison nudge, and (D) no baseline information. The results show that budget officers in the two randomly assigned nudge-based intervention groups gave higher evaluations of future outcomes than those in the baseline group with no nudges, whereas the assessment of the baseline group is statistically not significantly different from the group without any information.     

Public attitudes toward Social Security

In the early years of the Social Security program, public support for old-age pensions was high but knowledge and understanding about benefits and taxes were low. Understanding has greatly increased, even though the program has expanded, and support for Social Security has remained high. Data from the surveys and polls examined in this article indicate that support for Social Security was strong even during the late 1970's and early 1980's, when a fiscal crisis generated a crisis of confidence in the public's perception of the system's ability to pay benefits in the future. The proportion of the American public declaring confidence in the program declined sharply from a large majority with confidence (63 percent) in 1975 to a minority with confidence (39 percent) in 1978. Following the restoration of program financing through the provisions in the 1983 amendments, the trend has reversed. By 1988, nearly one-half of the public expressed confidence in the future of the Social Security program. For the most part, other aspects of public opinion regarding Social Security have shown great stability over the years. The program is popular and has been well-supported. Support for the Government to spend more for Social Security has been consistently high, as has support for benefits to increase with inflation and for benefits to increase even if it means higher taxes. Many individuals rely on income from Social Security or expect to rely on it when they retire. It is clear that the public wants the program to continue. If participation were optional, about three-fourths of the population would stay in the program.     

铁路器材被盗现场勘查

盗窃铁路器材案件是指盗窃正在使用、备用或废旧的铁路器材案件的统称。铁路器材被盗现场勘查主要解决的问题:作案时间、地点、工具、手段、人数,侵害的目标、过程,作案人特点,作案动机目的,案件性质,串并案依据以及下一步的工作意见等。     

破案战役的整体构思

破案战役是打击刑事犯罪活动的一项有效措施。但在公安工作实践中 ,也存在着突出的问题。本文针对破案战役中存在的问题 ,从理论上对破案战役进行宏观研究 ,系统地探讨了破案战役的分类、破案战役的实施和破案战役应注意的问题。     

Some reflections on teaching demography in Mexico in the beginning of the twenty-first century: a new focus

The evolution and achievements of population studies programs at El Colegio de Mexico since the 1964 founding of the first master's program in demography in Latin America are described, and topics of interest for future research are identified. In 1995 the master's program and the doctoral program in social sciences with specialization in population studies were combined into a single program. Students are trained in demographic analysis, the methods of demographic research, the processes of development, and demographic theory. The program seeks to develop multidisciplinary orientations regarding links between population processes and social and economic factors. 67 students have obtained master's degrees and 8 the doctorate. The aging of the Mexican population resulting from its relatively rapid fertility decline suggests crucial topics for future research. The survival of 3 or even 4 generations, the reduced number of siblings, and other changes in family structure and relationships may generate research. Topics related to old age security for women, the effects of AIDS, internal and international migration patterns, and the demographic processes of the indigenous population are other significant topics. New employment opportunities in addition to the two traditional areas, academia and the public sector, should be sought for demography graduates in business and industry and in regional educational and planning centers.     

DEALING EFFECTIVELY WITH CROWDED JAILS: THE JUDGES' ROLE

That there is a jail crowding problem is well documented. The problem of jail crowding must b e acknowledged as one demanding the involvement of all key criminal justice actors. Judges have been identified as key decisionmakers playing a pivotal role in managing case flow and influencing jail population levels. What, then, is or should be the role of judges in dealing specifically with jail crowding? Conventional responses to this question have focused on either the role of the federal judge, who in the course of presiding over a case involving jail conditions is called upon to manage a facility, or the role of a trial judge in making sentencing decisions. Recent research efforts have recognized that a nexus exists between judicial and correctional systems that extends beyond overseeing and sentencing roles. This paper intends to expand the notion o f interdependence to encompass the entire criminal justice system with emphasis on the judge's contribution. Judges' decisions concerning the issuance of summonses, setting and reviewing bail, continuances and sentencing bear directly on the number of offenders in jail and/or length of the ir confinement. In numerous jurisdictions, judges have been instrumental in instituting changes aimed at dealing with the jail crowding problem and resulting in improvements in case processing. Judicial system-wide leadership has resulted in the establishment of guidelines for pretrial services personnel to be used in releasing certain defendants pretrial and in making pretrial release recommendations for others in one jurisdiction and the institution of a policy prohibiting the detention of misdemeanor defendants—a major factor in reducing the jail population–in many other jurisdictions. Increased use of nonfinancial pretrial release options by judicial officers was a key element in achieving a substantial drop in the jail population in several communities. Judges have introduced delay reduction strategies which have served to expedite case processing as well as minimize the number of detainees in jail. Judges have also successfully implemented a full range of sentencing atternatives, including community service, restitution and treatment programs for persons convicted of alcohol or drug-related offenses. This paper provides information on specific policies and procedures which have had a demonstrated impact on jail population levels without detracting from the operations of courts and, in most instances, contributing to improvements in judicial administration.