Symbolic Racism and Whites’ Attitudes Towards Punitive and Preventive Crime Policies

This study analyzes the determinants of Whites' support for punitive and preventive crime policies. It focuses on the predictive power of beliefs about race as described by symbolic racism theory. A dataset with 849 White respondents from three waves of the Los Angeles County Social Survey was used. In order to assess the weight of racial factors in crime policy attitudes, the effects of a range of race-neutral attitude determinants were controlled for, namely individual and structural crime attributions, perceived seriousness of crime, crime victimization, conservatism and news exposure. Results show a strong effect of symbolic racism on both types of crime policies, and in particular on punitive policies. High levels of symbolic racism are associated with support for tough, punitive crime policies and with opposition to preventive policies. Sub-dimensions of symbolic racism qualified these relationships, by showing that internal symbolic racism (assessing perceived individual deficiencies of Blacks) was most strongly predictive of punitiveness, whereas external symbolic racism (denial of institutional discrimination) predicted opposition to structural remedies. On the whole, despite the effects of race-neutral factors, the impact of symbolic racism on policy attitudes was substantial. Thus, White public opinion on both punitive and preventive crime policies is at least partially driven by racial prejudice.     

A Comparison of Chinese and US College Students’ Crime and Crime Control Views

While there is a growing trend to look at criminal justice issues from an international perspective, there has been little literature examining differences in views of crime, criminals, punishment, and treatment between the citizens of the People’s Republic of China and the United States of America. Using data from 524 students at a large university in China and 484 students from a large public university in the USA this study found that, while US respondents were more likely to agree that crime was high in their country, Chinese respondents were more likely to feel that crime was the most serious social problem facing their society. Chinese respondents were more supportive of the death penalty for serious crimes but also were more supportive of rehabilitation of offenders in general. In addition, the study found similarities between students from the two countries in their views. The reasons behind the differences and similarities were explored.

Crime and punishment: an expressive voting view

Incarceration rates in many countries (the US and Australia among them) have risen spectacularly over the last twenty years and are only partially explicable by increases in crime rates. Moreover, in some countries where crime rates have shown a comparable time-path, incarceration rates have not shown the same spectacular increase. The aim of this paper is to explore the politics of punishment. The claim is that the US and Australian experiences are best understood in terms of political considerations; and that this fact lends some support to the “expressive” as distinct from the “interest” approach to electoral behaviour.

(Non)Regulable avoidance and the perils of punishment

Efforts to avoid punishment are generally deemed undesirable and therefore punished or otherwise regulated. In reality, however, not all avoidance efforts are punishable or regulable, at least not to the same degree. For practical or sometimes constitutional reasons, certain efforts to avoid punishment, such as non-creation of incrementing evidence or zealous criminal litigation, are non-punishable. This paper examines whether and under what conditions it is wise to deter avoidance efforts in a setting with multiple avoidance activities, some of which are non-regulable/punishable. The main results of this paper are that deterring certain avoidance activities does not necessarily: (i) decrease the extent to which offenders engage in avoidance activities; and (ii) more importantly, improve deterrence of the principal crimes. Normatively, then, it might be better to let certain punishable avoidance activities go unpunished or, more surprisingly, even to subsidize them. This calls into question recent responses by lawmakers after evidentiary fouls, such as those at Enron, WorldCom and HealthSouth, to stiffen penalties for obstruction of justice.

IT-related Crime – Old Crimes in a New Guise,But New Directions Too!

This article constitutes an attempt to describe the nature of IT-related crime and how it is likely to evolve in the future. By means of a number of empirical studies, the authors have attempted to estimate the prevalence of a number of different IT-related incidents and offences in Sweden during the period 1997-1998. The article shows that IT-related crime consists to a large extent of less serious offences. One might say that everyday crime has expanded into a new technological environment. Parts of the study nonetheless indicate that there are more serious IT-related offences being committed. In this regard the authors' focus is on offences related to the most valuable commodity in modern society, information. On the basis of the empirical studies, two different developmental patterns are identified; the first of these involves everything carrying on much the same as before, with no real evidence of any radical shift taking place; the second involves society going through a period of relatively comprehensive structural and technological change, which in turn is creating new and dangerous opportunity structures for crime.     

韩国对单位环境犯罪的制裁

环境犯罪与单位之间具有紧密的联系,单位环境犯罪案件造成的危害日益严重,追究单位环境犯罪问题引起了世界各国的高度重视,韩国率先成为发展经济与环保先进国家之一,这其中的原因是多方面的,但完善的环境刑事立法、特别是有关＂环境犯罪控制特别措施法案＂显然起到了积极的作用。＂环控法案＂的突出特点是引入法人刑事责任的双罚制,通过对法人加重刑罚处罚来威慑环境犯罪。     

Juvenile Justice in Scandinavia

The main issue is the legal protection of children and juveniles suspected of or convicted for crime. The age of criminal responsibility is 15 years in the countries concerned. Particular juvenile justice systems do not exist in Scandinavia. There are, however, exceptions from the general system in order to maintain needs, interests and rights of children and juveniles. Some common characteristics are described, for instance diversion of juveniles from prison into social welfare measures and the prohibition of placing children in jail. Individual characteristics are pointed out as well. Introduction of secure social institutions as an alternative to imprisonment in Sweden and Denmark is one, mediation processes with children as parties in Finland and Norway is another. It is argued that from the point of view of legality the demands for legal rights are of greatest importance in prosecution and punishment matters, whereas social welfare support is not to the same degree concerned about such questions. Furthermore it is argued that in spite of good intentions the Scandinavian countries challenge the UN Convention on the Rights of the Child, by not definitely prohibiting the possibility of a juvenile serving a prison sentence together with adults. It is stated that the distance between constructive pragmatism and destructive loss of principles as legality, equality and proportionality may be short. Crime trends are not linked to the politics: there is no relation between crime rates and political attention to crime. Juvenile justice has increasing political attention these years while the crime rates tend to be stable. In relation not solely to the economy and the Convention but first and foremost in the interest of children and juveniles more thought should be given to scientific experiences about early and appropriate prevention.     

辅助生殖技术可能带来的相关刑事法律问题研究

辅助生殖技术的成功运用和不断完善实施,给众多不孕家庭带来了福音,使得他们为人父母成为一种可能,加之辅助生殖技术成功率的提升,更给这一技术的推广带来了机遇。目前全世界不孕不育率之高以及这种仍在增长的趋势是前所未有的,这给该技术的推广带来了机遇但是同时也一系列问题。本文讨论的是这一系列问题中的“犯罪与刑法相关问题”,正如本文中所列举,这一技术所可能引发的刑事法律问题并不是单一的,而是多发的,也是存在于多个领域之中的,这需要我们用立法对其加以规制,这既是对违法犯罪行为的打击,同时更重要的是对辅助生殖技术安全规范实施的保障。     

浅议《治安管理处罚法》对公安机关办理治安案件的影响

《治安管理处罚法》的颁布实现了从“条例”到“法”的重大转变。《治安管理处罚法》补充完善了治安管理处罚制度,对人民警察依法履行职责进行了规范和监督,无论是在实体上还是在程序上,都较《治安管理处罚条例》做了很大的修改,处罚种类的增加、处罚幅度的提高、处罚程序的完善与规范,对公安机关办理治安案件提出了更高的要求。     

故意杀人罪的死刑裁量基准——“丁汉忠案”的文本梳理和法理审视

目前我国有关故意杀人罪中死刑裁量因素的审查难有真切、统一的基准,而在司法实践中对相关刑法条文含义的理解和阐释较为草率;最高人民法院的指导性案例体现的裁判趣旨未得到充分领会;各量刑因素的作用莫衷一是、标准不一,“估堆”量刑的困境萦绕其间,因而须探索故意杀人罪中相对合理的死刑裁量基准。具体而言,须区分各量刑因素的轻重、位阶,建构以责任刑为主、预防刑为辅的死刑裁量基准。至于是否入围死刑圈主要是仰仗责任刑阶段的判断。若责任刑阶段均是从严因素,基本会入围死刑圈的审查。死刑圈内的三种准刑种如何抉择,取决于对行为人的人身危险性判断。在预防刑阶段若均是从宽因素,一般死缓的判决即可满足要求;若从宽因素和从严因素交错,死缓限制减刑的判决基本可满足要求;若只有从严因素,则有判决死刑立即执行的可能。     

防卫意图是正当防卫理论的短板

正当防卫理论中的防卫意图,对于认定防卫人的行为是否成立正当防卫以及认定防卫过当行为的性质具有重要意义。然而,防卫意图这个主观要件已经成为正当防卫理论中的薄弱环节,司法实践也长期忽视防卫意图的评价功能。防卫意图不要说具有重大缺陷,在认定行为人的行为是否成立正当防卫时,仍应将防卫意图作为必不可少的构成要件。应将防卫意图理解为对意志因素的表达,即指行为人主观上制止不法侵害的愿望或追求。当防卫人制止不法侵害的行为明显超过必要限度时,若防卫人对此有明确认识,则不成立防卫过当,应以故意犯罪认定;反之,成立防卫过当。正当防卫意图的本质决定了防卫过当的行为属性是过失犯罪而非故意犯罪。     

论前科效应的理论基础

前科导致的刑罚从重评判效应 ,属于世所公认的量刑惯例 ,但是对其理论基础问题却见仁见智 ,众说纷纭。前科效应的理论根据 ,应当是立足于社会危害性之上的人身危险性 ,这有其经济学价值与规则合理性 ;同时 ,前科效应从其所导致的刑罚构成特点来分析 ,具有双重复合性 ,而其法律属性 ,只能定性为对前罪刑罚效果的配套评估体系。     

论网络游戏中虚拟财产的法律性质及其刑法保护

网络游戏中虚拟财产的法律性质 ,在国内立法、司法和法学理论界尚未引起关注 ,而实践中侵犯网络游戏中虚拟财产的发案率却直线上升。随着此类案件的现实危害性日益增大 ,以及域外涉及侵犯虚拟财产刑事判例的出现 ,在刑法理论上进行前瞻性的研究 ,显得日益迫切。     

追问刑法精神

所谓刑法精神 ,是指贯穿于刑法之中 ,作为刑法之基的关于犯罪与刑罚的基本观念或理念。刑法典为刑法之形 ,刑法精神为刑法之魂。我国刑法在基本立场或基本精神上更加接近于古典派 ,更准确地说 ,是接近于新古典主义 ,带有明显的折衷或调和色彩。刑法精神(此处特指刑法典精神 )应当是一国整个刑事法律体系的基本精神 ,一国刑事法律体系的基本精神必须统一于刑法精神或曰刑法典精神     

论行政犯的相对性及其立法问题

行政犯是客观存在的法律现象,它与刑事犯之间的区别,既有绝对性,也有相对性。刑事犯具有刑法评价直接性的特点,而行政犯则具有间接性。行政犯内部存在一定的层次差异,可以做典型的行政犯、次典型的行政犯和不典型的行政犯的划分。对行政犯的刑事立法,应当采用集中与分散相协调、统一与明示相结合的模式,必须贯彻积极介入和适度介入的立法原则。     

The definition of ICT Crime

In the last few years, a lot of attention has been paid to what is usually called ‘ICT Crime’. In this contribution, the term ICT Crime is analysed from both a practical and theoretical legal perspective. It will be argued that it is very difficult if not impossible to define ICT Crime unequivocally. Furthermore, there seems to be insufficient grounds to see ICT criminality as an autonomous legal discipline, as an independent functional discipline or as a specialisation. An important reason for dealing with ICT Crime as if it is a problem area seems to be fear in governmental organisations that new technology could lead to forms of criminality that are outside their reach of control. Furthermore, the application of ICT has led to a reorientation of legal powers with respect to investigation and prosecution. However, these subjects should be dealt with at an international level.     

检察机关预防医疗系统职务犯罪问题研究

随着社会经济的发展和进步,医疗系统在社会生活中的地位和作用日益重要。然而该系统的职务犯罪也愈演愈烈,严重侵害了患者的切身利益,恶化了医患关系,扰乱了正常的医疗管理秩序。本文拟讨论医疗系统职务犯罪的多发易发环节,从博弈论、分权制约理论、犯罪亚文化的角度探寻医疗系统职务犯罪的成因,并从严惩处、强监督、正文化三个方面揭示检察机关预防职务犯罪的对策。     

治安调解:适用条件的解读与重构

在构建和谐社会的背景下,治安调解作为"大调解"机制的重要内容无疑面临新的机遇和挑战。治安调解最大的问题在于适用条件的模糊性和公安机关几乎不受控制的自由裁量权。重构治安调解的适用条件,需要将其放置在转型社会的背景下,以调解为原则并体现法律对公权力的限制。