被害人学与犯罪学之间关系的辩证思索

被害人学与犯罪学之间的关系问题是学界的一个宿疑.该理论问题非常根始终莫衷一是.如果将发展变化、整体宏观的辩证思维运用于该理论问题的思索,问题可得迎刃而解:两学科之间的关系是发展变化的,且终应走向学科整合.     

对整体防控中打击与防范关系的理性思考

打击和防范是遏制、减少犯罪过程中互为依存、互为条件的两个方面,既对立又统一。“以打为先、以防为本、打中有防、防中有打”是当前公安机关控制社会治安的必然工作模式。     

Mismatched Deterrents: Preventing the Use of Nuclear, Biological, and Chemical Weapons

The basic logic of graduated deterrence worked fairly well against the Soviet Union, as each level of aggression was to be deterred by a matching response. But this logic has now been undermined vis-à-vis future rogue state chemical and biological attacks by the spread of dual-use technologies that can be diverted to weapons, and by decisions of the United States and other democracies to forego possession of chemical or biological weapons. This article identifies some of the serious difficulties of alternative approaches to deterring chemical or biological attacks, ranging from nuclear escalation to a reliance on supposed American advantages in conventional weapons. Lumping chemical and biological weapons together with nuclear weapons into a new category of "weapons of mass destruction" is a very imperfect solution.     

When Liberal Peacebuilding Fails: Paradoxes of Implementing Ownership and Accountability in the Integrated Approach

As a consequence of the popularity of integrated and nationally owned peace processes, aligning external actors to a national peacebuilding strategy has become part of the recipe for success. Using the case of Sierra Leone, this article engages with the question of what constructing such unified peacebuilding agenda in fragile states means politically. Contrasting the purpose of peacebuilding with the practices through which it is carried out, the article argues that the implementation of a unified peacebuilding agenda to a large extent undermines the liberal pretences of peacebuilding. While the integration of government, civil society and donors works to portray a more ordered society in countries where the lack of such order has been a manifest security problem, it also works to undermine the crucial autonomy of and accountability between them.     

The war on cartels and the social meaning of deterrence

The global war on cartels has had much success in introducing tough sanctions for cartel conduct, such as price fixing and market sharing. The policy rhetoric justifying criminalization assumes that compliance can be induced through deterrence. This, in turn, assumes that business people know about the law, believe that they are likely to be caught and face enforcement action and jail if they break the law, and calculate that they should comply. This paper problematizes these policy assumptions using evidence from a survey of a random sample of Australian business people and in‐depth interviews with 25 cartelists. This paper argues that business people's knowledge about the law is less important than their relationship with (or distance from) the law. Corporate elites see themselves as intimate with the law and, therefore, able to strategically “play” the law; while small business people and managers lower down the corporate hierarchy see themselves as “innocent” of any knowledge of the law. The impact of a policy of increased sanctions for misconduct cannot be understood solely in terms of marginal difference in aggregate levels of deterrence. It must also be understood in terms of how it interacts with people's experience of the law to create and maintain or contest and destabilize social segmentation and inequality.     

Situational deterrence and claim padding: results from a randomized field experiment

While it is generally argued that threats of legal sanctions are more effective with offenders involved in economic crimes than with delinquents committing more conventional crimes, such an affirmation rests on weak empirical evidence. Also, most studies supporting this proposition were conducted with non-experimental designs, thus, undermining the interval validity of the results. On the other hand, studies base their predictions on individual factors and do not incorporate contextual factors. To overcome those limitations, a randomized field experiment was implemented in four insurance companies to incorporate contextual factors into the dynamics of deterrence. This study assessed the effect of a written threat (a deterrent letter reminding insured persons of the punishment for insurance fraud) on claim padding behaviours of insured persons filing claims for residential theft. A deterrent-letter project was implemented in four insurance companies, with claims randomly assigned to the experimental or the control group. Cases belonging to the control group were managed as usual, while individuals in the experimental group received the written threat. The experimental design made sure that the deterrent stimulus was exactly delivered to the insured persons when they had the opportunity to exaggerate the value of their claims. Findings demonstrate that claimants in the experimental group were less likely to pad their claims than were those in the control group. The letter was effective, regardless of the means of delivery. In conclusion, the administration of a written threat at the moment of criminal opportunity appears to be an effective strategy for preventing economic crimes.

USING RANDOM JUDGE ASSIGNMENTS TO ESTIMATE THE EFFECTS OF INCARCERATION AND PROBATION ON RECIDIVISM AMONG DRUG OFFENDERS*

Most prior studies of recidivism have used observational data to estimate the causal effect of imprisonment or probation on the probability that a convicted individual is rearrested after release. Few studies have taken advantage of the fact that, in some jurisdictions, defendants are assigned randomly to judges who vary in sentencing tendencies. This study investigates whether defendants who are assigned randomly to more punitive judges have different recidivism probabilities than defendants who are assigned to relatively lenient judges. We track 1,003 defendants charged with drug-related offenses who were assigned randomly to nine judicial calendars between June 1, 2002 and May 9, 2003. Judges on these calendars meted out sentences that varied substantially in terms of prison and probation time. We tracked defendants using court records across a 4-year period after the disposition of their cases to determine whether they subsequently were rearrested. Our results indicate that randomly assigned variations in prison and probation time have no detectable effect on rates of rearrest. The findings suggest that, at least among those facing drug-related charges, incarceration and supervision seem not to deter subsequent criminal behavior.     

论高校教学科研融合机制建设

高校教学与科研虽然是相对独立的两项活动，但是两者却是一个不可分割的统一体，相辅相成、互为促进。正确把握好教学与科研这两者之间的辩证关系，构建以教学带科研、以科研促教学的教学科研融合机制，是高校工作者共同关注的重点课题。这对于高校事业的发展来说，具有实践和理论上的双重意义。     

论美国学界对证据排除规则的实证研究

非法证据排除规则存在的一个重要的司法基础就是惩戒作用,惩戒作用包括特殊惩戒和一般惩戒。对于非法证据排除规则的惩戒作用美国学者褒贬不一,并且纷纷拿出各自的理由进行论证,Pepperdine study就是论证非法证据排除规则惩戒作用的实证研究之一。本文阐述和评析了该研究的设计、结果的得出、结论的分析等,这些为我国开展非法证据排除规则的实证研究提供了前车之鉴。     

Reducing Homicide through a “Lever‐Pulling” Strategy

The decade of the 1990s witnessed unexpected but welcome large declines in homicide and serious firearms violence. Yet, despite these declines, rates of firearms crime in the United States remain high compared to other western democracies and impose significant costs to society generally and to specific communities particularly. One promising approach to gun crime emerged in Boston during the mid‐1990s. This approach combined face‐to‐face communication of a deterrence message to youth gang members with social service outreach and crackdowns on several gangs. Boston then experienced very significant declines in youth gun crime. This approach was later repeated in Minneapolis with similar promising results. This paper presents the results of a study of a similar gun‐crime‐reduction effort in Indianapolis. Time‐series analyses suggest a significant decline in homicide similar to those observed in Boston and Minneapolis. Comparisons to six similar Midwestern cities revealed that Indianapolis was the only city to experience a significant decline in homicide. The results are discussed in the context of deterrence research and suggest the need to move beyond single‐city evaluations of promising interventions.