期待可能性理论初探

期待可能性是指根据行为时的具体情况,能够期待行为人实施合法行为的可能性。期待可能性理论有其人性基础,体现了刑法的谦抑。期待可能性在犯罪论中的地位应置于责任论中,责任能力、违法性的意识的可能性和期待可能性都是责任要素。期待可能性理论的引进,可以使我国刑法理论中的许多问题得到合理的解释,对刑事司法的指导意义也是明显的。     

The gendering effects of co-authorship in criminology & criminal justice research

Historically, research from various fields has indicated that females are underrepresented in academic papers. Not only are females less likely to publish relative to males, but they are also less likely to be sole-, co-, and first-authors in journal publications. While this gender discrepancy has become smaller in recent decades, males are still disproportionately represented in academic papers. The current study reviews author characteristics of articles published in the top fifteen criminology/criminal justice journals over a forty-year period (1974–2014). Among the 11,348 articles in the study, results indicated that while female sole- and first-authorship increased throughout the study period, 26.6% of sole-authors were female while 32% were first-authors and composed 33.3% of all co-authors. Further, females were less likely to be sole- and first-authors, less likely to have co-authors, and more likely to publish with other female co-authors.     

Carceral feminisms: the abolitionist project and undoing dominant feminisms

In this article we explore the intersections between white liberal feminisms and the carceral state, particularly within nonprofit agencies. We find a strong collusion between ‘dominating feminisms’ and the carceral state, through funding structures and the belief that the legal system can provide protection to victimized women. We use evidence from our own research on rape crisis centers and gender-responsive programming for criminalized women, respectively, to investigate how some nonprofit agencies further threaten the safety, stability, and self-determination of women of color, queer women, transgendered clients, economically disadvantaged women, and disabled women. As a result, when white liberal feminists seek to intervene in the criminal legal system, we often see reform efforts that directly strengthen institutions that perpetuate economic exploitation, colonialist notions of progress, and white supremacy. We conclude our article with an exploration of some guiding principles within noncarceral antiviolence organizations that espouse a liberatory feminist framework.     

TOWARD AN ANALYTICAL CRIMINOLOGY: THE MICRO–MACRO PROBLEM,CAUSAL MECHANISMS,AND PUBLIC POLICY

In this address, I revisit the micro–macro problem in criminology, arguing for an “analytical criminology” that takes an integrated approach to the micro–macro problem. I begin by contrasting an integrated methodological‐individualist approach with traditional holist and individualist approaches. An integrated approach considers the concept of emergence and tackles the difficult problem of specifying causal mechanisms by which interactions among individuals produce social organizational outcomes. After presenting a few examples of micro–macro transitions relevant to criminology, I discuss research programs in sociology and economics that focus on these issues. I then discuss the implications of social interaction effects for making causal inferences about crime and for making crime policy recommendations.     

Co-constituting narrative: the role of researcher identity bids in qualitative interviews with women ex-offenders

Narrative criminology draws upon the stories of the research participants to better understand crime. These narratives are shaped not only by a range of structural, institutional and individual factors, but by dynamics within the interview itself. As both participant and interviewer deploy narrative techniques, they co-constitute identity meanings during the interview process. This study examines interviews with 30 women recently released from incarceration to identify ways that the researcher constructed and “bid” for identity meanings through narrative during the interview process. Specifically analyzed are the researcher’s “small stories” put forth in response to participants during the interview exchange. Ultimately, the co-constitutive nature of interview dynamics suggest that the researcher’s identity bids via small stories have implications for how participants assert their own identity meanings, account for their experiences, and ultimately orient or conceptualize their futures.     

管制之历史与现状的犯罪学思考

管制是我国刑罚体系中特有的一个刑种,在历史上曾发挥过巨大作用,但目前 却处于被取消的边缘。本文试从犯罪学角度,对管制的历史沿革与现状进行分析,并进一步提 出管制应当改革而非取消。     

西方女性主义犯罪学的兴起与发展

西方发达国家女性犯罪学研究的兴起与发展、壮大有其理论渊源,当然也存在诸多问题。西方女性犯罪学随着自身的发展也呈现出理论整合趋势。西方女性犯罪学的研究也为研究我国社会转型时期日趋严重的女性犯罪现象提供可资借鉴的理论成果。     

The Criminological Enterprise in Europe and the United States: A Contextual Exploration

European criminology obviously means more than simply the collaborative efforts (on drugs, restorative justice, youth gangs) between researchers and scholars from Europe. In this essay, the author compares and contrasts American criminology with criminology in Europe (as it exists in individual countries), without aiming for the essence of European criminology. She points to differences between the US and Europe with regard to the criminological enterprise (such as history, scale, degree of institutionalisation, accessibility, diversity in theory and method, the critical and self-reflexive stance, and focal research questions), and to the differences in doing science, doing justice, and doing crime. American criminology is a powerful influence in Europe, although there may be a tendency to overestimate the importance of American criminology, because of the dominance of English-language publications. American criminology has made many positive contributions to the field of the study of law, crime and social control, and it continues to do so. However, if one defines the essence of American criminology as being policy-oriented, methodologically-driven, and lacking theoretical lustre, diversity, and critical edge, then the fear of Americanisation of European criminology is well-placed. It is not the criminological enterprise of the US per se, but rather the notion of Americanisation which is really at issue here.     

大连地区故意杀人案件的犯罪学统计分析

近几年我国命案（指故意杀人、故意伤害致死和爆炸、投毒、放火、抢劫、强奸、绑架致人死亡8类案件）的发案率有上升的趋势,而故意杀人案件的发案率又居命案之首,因此,对故意杀人案件进行犯罪学研究对于控制命案发案率、构建社会主义和谐社会,既具有深刻的理论意义又具有重要的现实意义。文章通过对故意杀人案件进行犯罪学统计分析,揭示了当前故意杀人犯罪的特点及规律,并尝试提出预防犯罪的对策与策略。     

Beyond the property debate: animal welfare as a public good

Abstract

Animal protection is socially constructed through laws specifying which animals should be protected and how. Most jurisdictions codify animal abuse by specifying the legal protections granted to animals. While these vary between jurisdictions, western legal systems generally provide for better levels of animal protection by incorporating animal welfare and wildlife crime laws into criminal justice systems. UK legislation has long held that animal welfare is a public good, thus animals should be protected in the public interest. However, despite the protective provisions of animal protection laws they generally fall short of giving animals actual rights, protection exists only to the extent that animal and human interests coincide. Animals’ legal status as property dictates that much anti-animal abuse and wildlife crime legislation is about allowing animal exploitation commensurate with human interests. However, UK legislation in the form of the Animal Welfare Act 2006 subtly shifts this position in respect of domestic animals by imposing a duty of care towards companion animals. This paper argues that by requiring owners and responsible persons to give active consideration to the needs of individual companion animals, the Animal Welfare Act provides animals with a level of protection that amounts to a form of legal rights.