知识背景、三维解构与智识启迪:贝卡里亚犯罪学思想论要

从刑事一体化的角度来看,贝卡里亚及其《论犯罪与刑罚》一书,不仅是刑法学界的遗产,也是犯罪学的一笔丰厚遗产。贝卡里亚的犯罪学理论是建立在对前启蒙时代犯罪学的批判之上的,通过与前启蒙时代犯罪学的比较,可以发掘贝卡里亚对犯罪学理论的巨大贡献。系统整理贝卡里亚及其犯罪学思想,不仅是犯罪学对于学界的一种理论贡献,更是对于深度融合刑事法学各个学科,具有不可低估的学术意义。     

Examining state and state-corporate crime surrounding major sporting events

Although prior criminological research has examined sport, most of the attention has been focused on crimes perpetrated by athletes or by fans. Potential examples of state and state-corporate crime as they relate to the bidding process, hosting, and legacy of sport mega-events is the current focus. Drawing on sport and criminology scholarship, the study focuses on Olympic Games and World Cups since the late 1990s, discussing the issues of selection of host sites, police abuse, under-enforcement of street crimes, limitations on civil liberties, removal of ‘undesirables,’ and labor-related concerns.     

Effects of Mug Book Size and Computerized Pruning on the Usefulness of Dynamic Mug Book Procedures

Abstract

A recurrent problem for the legal system is persons claiming memory loss in relation to crime events of which they are suspected. In the present study, individuals were tested as perpetrators having first read a story about “themselves” stabbing another man to death. Participants' memory of the story was tested at three sessions (30 minutes, one week and three weeks later). The genuine memory of one group was tested at all three sessions, whilst a second group simulated memory impairments at the first session and a third group simulated memory impairments at the first two sessions. At the third test session, all three groups were tested on what they actually remembered. Results showed a decrease in memory after simulation of impaired memory, as compared with the controls, but repeated simulation did not seem to be of importance for free recall and recognition. It is suggested that people have specific ideas and conceptions about how memory and forgetting work, ideas that might be used when simulating memory impairments in order to deny guilt. Although one should be cautious when generalizing the findings to real life events, the results are considered to be of relevance within both the legal- and the memory theoretical frameworks.     

Differentiating sexual violence: A comparison of sexual homicide and rape

Abstract

The present study sought to identify consistent patterns in the actions of sexually violent offenders to determine whether sexual homicide and rape reflect different behavioral emphasis of a single thematic model of sexual assault. Crime scene behaviors of 74 (37 sexual homicides and 37 rapes) solved cases of sexual assaults were compared, and results of a multi-dimensional analysis revealed three thematic styles of interacting with the victim during a sexual assault (Exploit, Control, and Violent). Further analysis indicated that offender–victim interactions in sexual homicide and rape are predominantly distinguished by the degree of violence, such that behaviors associated with each type of offense were found to occur in two discrete areas along a single continuum. Findings are discussed in terms of producing a general framework for understanding sexual violent interactions.     

The maharishi effect: A model for social improvement. Time series analysis of a phase transition to reduced crime in merseyside metropolitan area

Abstract

Time series analysis was used to test the hypothesis that Merseyside crime rate was reduced by a group practising Maharishi Mahesh Yogi's Transcendental Meditation and TM-Sidhi programme. Previous research suggests that a phase transition to increased orderliness u evidenced by reduced crime rate should occur when the group size approaches the square root of 1% of the total population. Analysis of Merseyside monthly crime data and coherence group size from 1978 to 1991 shows that a phase transition occurred during March 1988 with a 13.4% drop in crime when the group size first exceeded the √1 % or Maharishi Effect threshold (p < 0.00006). Up to 1992, Merseyside crime rate has remained steady in contrast to the national crime rate which has increased by 45%. In 1987 Merseyside had the third highest rime rate of the eleven largest Metropolitan Areas in England and Wales; by 1992 it had the lowest crime rate. 40% below levels predicted by the previous behaviour of the series. There were 255,000 less crimes in Merseyside from 1988 to 1992 than would have been expected had Merseyside continued to follow the national crime trend. Home Office figures indicate savings to Merseyside could exceed £1250 million for the five year period. Demographic changes, economic variables, police practice, and other factors could not account for the changes.     

Is overpunishment fairer than underpunishment? Perceptions of deviations from equity

Abstract

Three studies are presented which test hypotheses derived from Equity Theory, Prospect Theory and the principle of Diminishing Marginal Value with regard to preferences for overpunishment and underpunishment in the assignment of penalties to offences of varying severity. The first two studies showed that, with different subject samples, offences, and kinds of punishments, subjects indicated a marked preference for over-punishment rather than underpunishment, when both over punishment and under-punishment deviated from ideal, or equitable, punishment to the same degree. However, the effect was only apparent for serious offences. A third study showed that the overpunishment preference for a serious offence existed even when the overpunishment deviated 30% more from ideal punishment than underpunishment, but again no preference was shown' for the less serious offence. As the results cannot be readily explained in terms of any of the three explanatory principles, a possible explanation in terms of concept of negative reciprocity is advanced.     

Are the misinformed more punitive? Beliefs and misconceptions in forensic psychology

Misconceptions about psycho-legal issues are widespread and threaten the fabric of our legal system. The present study examines how misconception endorsement is related to tough-on-crime beliefs and sentencing decisions. Two hundred and fifty-six students completed a 50-item questionnaire assessing misconceptions related to forensic psychology and determined sentences in four mock-jury scenarios at the beginning and end of an introductory forensic psychology course. Misconception endorsement decreased significantly from 32% to 21%, with every subscale (police and interrogations, service provision, mental illness, memory and cognition, tough on crime) experiencing a significant decrease from pre-test to post-test. This drop in endorsement is meaningful, as misconceptions and beliefs are typically very difficult to change. Additionally, misconception endorsement was positively correlated with tough-on-crime beliefs and punitive (mock) sentencing. This study provides a valuable resource for endorsement rates of psycho-legal misconceptions and the propensity of individual misconceptions to change. It also makes a strong argument for the usefulness of psychology and law courses in reducing potentially harmful misconceptions and tough-on-crime beliefs.     

Posttraumatic stress disorder symptom severity and fear of personal crime: exploring their interrelationship as a function of risk estimation

Both trauma psychology and criminology have studied the psychological correlates of crime victimization. While the former discipline has primarily focused on the development of posttraumatic stress disorder (PTSD) among crime victims, the latter has particularly studied the association between history of victimization and fear of crime. A major difference between both concepts is that PTSD is experienced in relation to previous victimization, while fear of crime does not necessarily follow from previous victimization and is primarily experienced in anticipation of possible future victimization. Despite their different orientations, both perspectives share one central tenet: they both argue that feelings of anxiety are accompanied by increased perceptions of risk for future victimization. Given this theoretical overlap, both types of anxiety may correlate with each other. The current study explored this topic in a sample of Dutch university students (N = 375) and found that PTSD symptom severity and fear of crime were significantly associated with each other, both in univariate and multivariate analyses. This association was stronger for participants who scored higher on perceived risk of personal crime victimization than for those who scored lower. Results were discussed in light of study limitations and directions for future research.     

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.     

Fear of Crime in the Swedish Daily Press—Descriptions of an Increasingly Unsafe Society

Fear of crime is a subject that is described increasingly often in the daily press. In spite of this, very few studies have examined how the press describes fear of crime. This article focuses on how fear of crime is presented, in what context, and who is labelled as fearful in the Swedish daily press. The theoretical frameworks are theories about the risk society and how fear of crime can be understood in a society characterized by risk, uncertainty, and worry. The current study analyses articles from four national daily newspapers employing a qualitative, thematic content analysis. In the analysis, four principal themes were distinguished: fear of crime defined, fear of crime personified, fear of crime situationalized, and fear of crime contextualized. The articles examined describe an increasingly unsafe society characterized by rising crime, particularly in the suburbs, which is producing fear among women and children. Male police officers are also described as being afraid and as no longer being able to protect the public. The daily press establishes clearly who should be afraid of crime, which crimes produce fear, and where and why people are afraid. The articles formulate special ways of describing fear of crime, in which fear appears as a natural and expected reaction to life in an increasingly unsafe and violent society.