美国模范刑法典导论

美国法学会1962年通过的《模范刑法典》在美国刑法法典化的历史中发挥了最重要的作用。自颁布至今,该法典一直是美国刑法典改革的主导力量,也是美国刑法学研究的催化剂。该法典内容上包括总则、具体犯罪的规定、处遇和矫正、矫正组织四编,总体上采用了“原则性实用主义”的进路。该法典的创新之处体现在:全面的总则、分析性的结构、充分界定犯罪、使用限定的术语、法典条款的解释体系、犯罪体系,以及某些具体规则的创新,如犯罪要件、不完整犯罪和同谋犯、正当事由、免责事由等。     

Youth Gangs: A 1990s Perspective

The juvenile gang in the 1990s differs in many significant ways from the gangs described in the “classical” gang studies of the 1950s and 1960s. Juvenile justice professionals should be aware of the changes in the nature, organization, motivation, and activities of gangs and plan intervention strategies accordingly. One important issue in gang research—one which has great implications for public policy—is defining “gang” and “gang-related crime.” The existence of a “gang problem” in a community may be more related to the definition of “gang” and “gang-related” than to the objective issue of whether, or not, a gang problem exists. Further issues relating to the gang of the 1990s involve changing age and sex distribution of gang members, increasing violence by gangs, and deeper involvement with drug distribution. Implications for public policy are discussed.     

Should rules be simple?

The principal argument of the paper is that in an incomplete information setting, where the private sector lacks information of government objectives and has to learn about the policy rule by direct observation and estimation, simple ‘sub-optimal’ rules may outperform the more complicated rule which is optimal under complete information. This result is demonstrated by simulations using an overlapping contract rational expectations model. The paper thus provides some formal reasoning to support arguments for simplicity associated with credibility and the need for the private sector to be able to monitor policy.