罪量在阶层犯罪论体系中的地位

我国刑法典中充斥着大量表征行为及结果程度的词语，学者称之为“罪量”。任何犯罪构成理论都必须以法条为依托，理论上的犯罪构成体系需要为法典中每一元素在体系中的地位做出符合逻辑的安排与说明。引进德日阶层犯罪构成理论之后，为了让该理论更加契合于我国的刑法典，罪量在该体系中应重新定位于违法性阶层之中。其中一些罪量是犯罪成立的消极判断，可视为“违法阻却事由”，另一些则可借鉴“可罚的违法性”理论加以认识。     

The expanding role of expert psychological evaluations and testimony in Hague child abduction litigation

Hague Convention cases are a growing niche in forensic assessments. These cases focus on returning children, or preventing their return, after international abductions, by one of the parents, has occurred. This article focuses on the legal underpinnings of the Hague Abduction Convention, the “affirmative defenses” that may be invoked to prevent a return order, including “grave risk of harm,” “mature objection”, and the “well settled defense.” The article will also focus on the increasing roles that forensic evaluators play in these matters, the distinction between the role of forensic experts in custody proceedings and Hague cases, and the inherent limitations present in these unique kinds of evaluations.     

Environmental Harm or Natural Hazard? Problem Identification and Adaptation in U.S. Municipal Climate Action Plans

A number of cities in the United States have devised climate action plans (CAPs) to mitigate the effects of climate change. However, few of these plans address strategies to adapt to the long term effects of climate change that will occur in the near and distant future. The research presented in this article examines why cities choose to embed adaptation provisions in their CAPs. Our study codes the content of CAPs for all cities (N = 98) in the United States with populations greater than 50,000. We find cities that frame problems associated with climate change in the language of hazards are more likely to include adaptation strategies in their CAPs than cities that focus on other types of environmental harm. Our findings suggest that more robust efforts to plan for climate change will require the activation of communities of interest beyond those that have been instrumental in setting the current climate agenda.     

Regulatory dynamism of environmental mobilization in urban China

In China, urban middle class mobilization against potential pollution risk has become increasingly common. This article examines this phenomenon through a detailed case study of a 2009 anti‐waste incinerator campaign in the Panyu District of Guangzhou, which culminated in a sizeable public protest and government U‐turn. This episode revealed tension between the narrow, state‐centered regulatory model fixated on end‐of‐pipe pollution control, and a much broader decentered approach advocated – and practiced – by project opponents, which incorporated public consultation and much greater emphasis on upstream waste reduction and sorting. In the process, the Panyu campaign progressed beyond a case of “regulation by escalation,” whereby beneficial regulations are belatedly enforced following populist pressure. Instead, it transformed into an open dialogue between a plurality of actors, including citizens, journalists, experts, and officials, about what regulation should constitute and who should determine acceptable levels of risk. By focusing on the processes through which regulatory issues emerged and changed during the Panyu campaign, this article highlights the regulatory dynamism of environmental mobilization in a context of regulatory uncertainty, and campaigns against “locally unwanted land uses” more broadly.     

Children's rights in a risk society: the case of schooling in Japan

The purpose of this paper is to examine the ongoing discourse on children's rights and related attitudes towards individualisation and risk in contemporary Japan's education system. The paper is also interested in how this discourse is translated into concrete change. The concepts of ‘children's rights’ and ‘risk society’ both have their origins in Western conceptions of the relationship between the individual and society, and the place of children and young people in that society. This paper explores the way that these concepts have been transformed by their adoption into domestic Japanese discourse on education reform. After a discussion of how the classical liberal concepts of positive and negative human rights can be applied to the specific case of children's rights, the discussion moves on to show how this debate has developed in Japan since the 1980s. Then the paradigm of the ‘Risk Society’ is introduced and the concepts of ‘positive risks’ and ‘negative risks’ are explored, first with reference to schooling in Western countries and then in relation to Japan. Finally, the relationship between risk, rights and neoliberalism is discussed, and it is shown how Western notions of individualisation have met strong resistance from various actors on both sides of the political spectrum. In the case of the Japanese education system, the shift of responsibility from state bureaucracies to individuals and private-sector organisations that is predicted by Risk Society theory has only partially taken place.     

(In)securitization and illiberal practices on the fringe of the EU

Illiberal practices of liberal regimes have been extensively studied by critical security studies. The literature on risk emphasises the idea of imminent dangers and the logic of worst-case scenarios, which eventually unsettle the balance between security and liberty by always favouring the former in its most coercive and exceptional forms. This paper, by drawing on (in)securitization theory, attempts to explain how particular illiberal practices with respect to the control and management of immigration on the fringe of the EU become normalised. It argues that (in)securitization of immigration and illiberal practices are effects of the very functioning of a transnational field of (in)security professionals that are produced through the structural competition between different actors of this field over the definition of security and the appropriate control and management of immigration. In this respect, it uses Greece as a case study and draws on material gathered through interviews with Greek security professionals in Athens, Lesvos, Orestiada, and Alexandroupoli, and analysis of their discourse in dissertations they prepared during their study in police academies.     

Actions Speak Louder than Words: A Behavioral Analysis of 183 Individuals Convicted for Terrorist Offenses in the United States from 1995 to 2012

Involvement in terrorism has traditionally been discussed in relatively simplistic ways with little effort spent on developing a deeper understanding of what involvement actually entails, and how it differs from person to person. In this paper, we present the results of a three‐year project focused on 183 individuals associated with the global jihadist movement who were convicted in the United States, for terrorist offenses, between 1995 and 2012. These data were developed by a large‐scale, open‐source data collection activity that involved a coding dictionary of more than 120 variables. We identify and explore the diversity of behaviors that constitute involvement in terrorism. We also compare lone actors and those who acted as part of a group, finding that lone actors differed from group‐based actors in key demographic attributes and were more likely to be involved in attack execution behaviors. Implications for counterterrorism are then discussed.     

Desistance and Legitimacy: The Impact of Offender Notification Meetings on Recidivism among High Risk Offenders

Legitimacy-based approaches to crime prevention assume that individuals will comply with the law when they believe that the law and its agents are legitimate and act in ways that are “fair” and “just.” Currently, legitimacy-based programs are shown to lower aggregate levels of crime; yet, no study has investigated whether such programs influence individual offending. Using quasi-experimental design and survival analyses, this study evaluates the effectiveness of one such program—Chicago’s Project Safe Neighborhoods’ (PSN) Offender Notification Forums—at reducing individual recidivism among a population of returning prisoners. Results suggest that involvement in PSN significantly reduces the risk of subsequent incarceration and is associated with significantly longer intervals that offenders remain on the street and out of prison. As the first study to provide individual-level evidence promoting legitimacy-based interventions on patterns of individual offending, out study suggests these interventions can and do reduce rates of recidivism.     

School climate and delinquency – on the significance of the perceived social and learning climate in school for refraining from offending

School is regarded as a central arena for crime prevention. This study analyses the effects of student perceptions of school contextual aspects on self-reported offending, using logistic regression with control for clustering effects. The data comprise a census of pupils in year nine in comprehensive school (15 year olds) and in year two of upper secondary school (17 year olds) in the City of Stockholm in 2006, 2008 and 2010 (n = 25,850 of which 47% are boys and 53% are girls). Besides showing that several aspects of students’ perceptions of the school setting have direct protective effects on offending, the study shows that perceiving schoolwork as meaningful appears to moderate the effect of adverse home conditions on delinquency for boys. The only aspect of school investigated in this study that was not significantly related to offending was the perception of classroom order, indicating that emotional support from teachers is more important for crime preventive implications than maintaining order in the classroom. Controlling for clustering effects shows differences in offending between classes and schools that are not produced by differences between the students.     

The influence of personality on violent victimization – a study on police officers

The current study aims to examine the influence of police officer characteristics, civilian characteristics, and possible interactions between both on violent victimization of police officers. Based on literature distinguishing between ‘provocative’ and ‘submissive’ victims, focus is given on effects of police officers’ personality in terms of the five-factor model plus risk-taking. Patrol police officers (n?=?1813) from Lower Saxony, Germany, completed a paper-and-pencil survey including personality assessments as well as questions about their last three police encounters. Binary logistic multilevel regression analyses demonstrate that police officers with higher scores on neuroticism and openness to experience were more likely to be violently attacked. Furthermore, agreeableness reduced police officers’ risk of violent victimization, while risk-taking and neuroticism increased their risk when confronted with a violent civilian. The study indicates that personality and especially traits that are assumed to provoke potential perpetrators were linked with violent victimization. It further stresses the need to include perpetrator attributes in victim studies in order to identify relevant interaction effects between both parties.