试论渎职犯罪中直接经济损失与间接经济损失的司法认定

渎职犯罪的多个罪名中直接经济损失、间接经济损失直接影响法律责任的认定,因此经济损失的认定成为检察机关反渎职侵权部门应用《立案标准》、查办案件过程中必须予以先期解决的问题。本文拟对实务中涉及的几个问题进行探讨、梳理,以期助益于工作。     

TRACING CHARGE TRAJECTORIES: A STUDY OF THE INFLUENCE OF RACE IN CHARGE CHANGES AT CASE SCREENING,ARRAIGNMENT, AND DISPOSITION*

Although social scientists and legal scholars have made valuable headway in identifying and explaining the relationships between myriad demographic, social, and legal factors and case outcomes, a sizable gap in understanding remains with respect to how cases evolve across decision points and how charges change for different racial and ethnic groups at individual decision points and cumulatively. This gap is partially addressed in this study through the examination of charge decreases, increases, and no change at three essential decision points—case screening for prosecution, arraignment, and final disposition. The results show that, overall, screening and disposition were much more dynamic decision points than was arraignment and that one third of cases experienced a charge decrease at some point. Even though racial differences in charge reductions at case screening were not large, at arraignment and disposition, as well as cumulatively, Black and Latino defendants were less likely than White defendants to have charges decreased. Conversely, Asian defendants experienced even more favorable outcomes than White defendants as they were more likely to have charges reduced and less likely to experience an increase. These findings are framed in the context of focal concerns, cumulative disadvantage, and “charge reasonableness” arguments.     

REASSESSING THE BREADTH OF THE PROTECTIVE BENEFIT OF IMMIGRANT NEIGHBORHOODS: A MULTILEVEL ANALYSIS OF VIOLENCE RISK BY RACE,ETHNICITY, AND LABOR MARKET STRATIFICATION*

Researchers in the United States have increasingly recognized that immigration reduces crime, but it remains unresolved whether this applies to people of different racial–ethnic and economic backgrounds. By using the 2008–2012 area‐identified National Crime Victimization Survey (NCVS), we evaluate the effect of neighborhood immigrant concentration on individual violence risk across race/ethnicity and labor market stratification factors in areas with different histories of immigration. The results of our analysis reveal three key patterns. First, we find a consistent protective role of immigrant concentration that is not weakened by low education, low income, unemployment, or labor market competition. Therefore, even economically disadvantaged people enjoy the crime‐reduction benefit of immigration. Second, we find support for threshold models that predict a nonlinear, stronger protective role of immigrant concentration on violence at higher levels of immigrant concentration. The protective function of immigration also is higher in areas of longer histories of immigration. Third, compared with Blacks and Whites, Latinos receive a greater violence‐reduction benefit of immigrant concentration possibly because they live in closer proximity with immigrants and share common sociocultural features. Nevertheless, immigrant concentration yields a diminishing return in reducing Latino victimization as immigrants approach a near‐majority of neighborhood residents. The implications of these results are discussed.     

Solitary Confinement as Punishment: Examining In-Prison Sanctioning Disparities

Drawing on prior sentencing and prison scholarship, this study examines the use of solitary confinement as a form of punishment. Specifically, it assesses whether, given a prison infraction, minority inmates—and young, male, minority inmates in particular—are more likely to be placed in solitary and to be placed in it for longer durations. Multilevel regression analyses of state prison data suggest little support for the hypothesis that minority males, or young minority, males, are sanctioned more harshly than other inmates. The analyses identify, however, that males are more likely than females to be placed in solitary as a form of disciplinary punishment and that younger females are more likely to be placed in it than older females. The findings highlight that age and sex may interact to influence punishment decisions and raise questions about the precise roles of race and ethnicity in affecting punishment decisions. Implications of the findings for theory, research, and policy are discussed.     

Examining All-cause and Cause-specific Mortality among Former Prisoners in Pennsylvania

Former prisoners have a higher than expected risk of death following release from incarceration. However, little is known about the specific risk factors for post-release mortality among former prisoners. The current study uses a unique set of measures obtained from administrative records from Pennsylvania to examine demographic, custodial, behavioral, and criminal history factors that impact mortality risk following release from incarceration. Moreover, this study is the first to assess whether risk factors for post-release mortality are consistent or variable across race and ethnicity. Using data from the Pennsylvania Department of Corrections and mortality records from the Pennsylvania Department of Health we find several demographic, custodial, behavioral, and criminal history measures are related to post-release mortality risk. Moreover, while most risk factors for mortality are generally consistent across race and ethnicity, we find evidence that some custodial and criminal history factors vary by race and ethnicity.     

应用枕骨大孔面积判定性别的研究进展

性别是个体识别的主要生物学指标之一,是法医学鉴定不明骨骼残骸的重要初始步骤。枕骨大孔因其解剖学位置的隐匿性、形态学的稳定性、性别与种族的差异性成为法医学性别判定的研究热点,其中枕骨大孔面积是枕骨大孔区域中进行性别判定准确率较高的指标之一。本文以枕骨大孔面积为主要研究对象,就国外学者通过干颅骨样本、CT影像、CBCT影像测量枕骨大孔面积判定性别的方法进行总结,对国内应用枕骨大孔面积进行性别判定研究提供参考。     

Loyalty,Justice, and Rights: Royce and Police Ethics in Twenty-First-Century America

The killings of Trayvon Martin, Michael Brown, Eric Garner, Tamir Rice, Alton Sterling, Philando Castile, and others have instigated widespread debate concerning the ethics and politics of police behavior toward young black men in America. In this article, I show how Josiah Royce’s philosophy of loyalty provides a useful theoretical framework for diagnosing and working to overcome strained relations between police and black citizens in the United States. I begin by establishing the relevance of Royce’s thought to the realm of police ethics. Then, I argue that Royce’s notion of loyalty to loyalty is a useful and powerful lens through which we can examine the practice of police discretion, particularly as it comes to bear on racial profiling and use of force. I conclude by offering what I regard as Roycean recommendations aimed at ameliorating the fractured relationship between police and blacks in America today.     

Race,Crime, and Criminal Justice

Fifty years ago, the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson did not frequently mention race and ethnicity in its discussion of and recommendations for the criminal justice system, but it did have a lot to say about race and crime. Through the use of arrest rates to measure racial differentials in criminal involvement, the Commission concluded that Blacks commit more crime as a consequence of Black people living in greater numbers in criminogenic “slum” conditions. To address racial differences, the Commission favored the Great Society programs of Johnson's War on Poverty. Contemporary criminologists continue to debate the racial distribution of crime, the causes of crimes, and the best policies to reduce crime and racial differentials. The Commission did not anticipate the current debate among scholars regarding how much racial disproportionality exists in the criminal justice system and its causes and consequences. The policies that led to mass incarceration have been significant drivers of continued criminal justice racial disparity. Those policies are inconsistent with the recommendation in The Challenge of Crime in a Free Society (1967), upending the pursuit of a more fair and just system.     

Murder in Black and White

Abstract

In this paper we will tell the story of “The Poisoning of the Late Levi Smelser.” Through detailed examination of both the media reports and official documents, the ensuing narrative portrays how race and gender influence the criminal justice processes of late antebellum New Orleans. As the story unfolds, two types of accounts emerge. We come to know the major participants in this case, Kitty, the slave, Levi Smelser, the victim, Theresa Smelser, the widow, and Adam Scott, the young foreman of Smelser's tin and copper shop, in their ordinary and comfortable lives before the murder. Secondly, we see these same characters play shifting roles of guilt and innocence in the planning and implementation of the murder as the newspapers reveal, magnify and glorify new “particulars,” day-by-day. This story is actually composed of a number of plots and constitutes a “scenario” of crime creation by sources of the mass media and related groups. As a scenario, the story represents “an interactional moment or site of meaning creation.”     

No fats,femmes, or Asians: the utility of critical race theory in examining the role of gay stock stories in the marginalization of gay Asian men

In the last few decades, proponents of critical race theory have uncovered everyday forms of injustice that continue to affect the lives of men and women of color by exposing the subtle forms of racism that exist in the stock stories told by the dominant group as well as the counterstories told by subaltern groups. However, rarely have we examined the stock stories articulated by subaltern groups to marginalize other subaltern groups. In this paper, I consider the stock stories told by gay White men and the counterstories expressed by gay Asian men to examine subtle forms of racism within the gay community. I argue that we need not only to reveal how the stories narrated by the dominant group continue to maintain social inequality, but that we also need to consider how subaltern groups help to maintain social inequality by adapting the language of the dominant group to use against other subaltern groups.