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1
Gyimah-Brempong, Kwabena. "Empirical Models of Criminal Behavior: How Significant a Factor is Race?" Review of Black Political Economy 15, no. 1 (June 1986): 27–43. http://dx.doi.org/10.1007/bf02903857.
Повний текст джерелаАнотація:
Empirical models of the supply of criminal offenses in the United States have shown a positive relationship between the proportion of the population that is non-white (RACE) and crime rates. Though non-whites in the United States possess more “criminal capital” than the average person, such studies do not take into consideration this excess criminal capital. Since RACE and the omitted excess criminal capital are correlated, it will pick up the influence of the excess criminal capital. Using cross-sectional data from Florida's municipalities, we show that after adjusting for excess criminal capital, RACE has no significant relationship with crime.
2
Carroll, Bruce A. "Book Review: Fair or Foul: Sports and Criminal Behavior in the United States." Criminal Justice Review 37, no. 2 (June 2012): 270–71. http://dx.doi.org/10.1177/0734016811420710.
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3
Lazzarini, Zita, Sarah Bray, and Scott Burris. "Evaluating the Impact of Criminal Laws on HIV Risk Behavior." Journal of Law, Medicine & Ethics 30, no. 2 (2002): 239–53. http://dx.doi.org/10.1111/j.1748-720x.2002.tb00390.x.
Повний текст джерелаАнотація:
Criminal law is one of the regulatory tools being used in the United States to influence risk behavior by people who have HIV/AIDS. Several different types of laws have been or could be used in this way These include:HIV-specific exposure and transmission laws — i.e., laws that explicitly mention and exclusively apply to conduct by people with HIV;public health statutes prohibiting conduct that would expose others to communicable diseases and/or sexually transmitted diseases (STDs); andgeneral criminal laws governing attempted murder and assault.
4
Anderson, Reyn C., and John S. Magney. "Recent Developments in Criminal Enforcement of US Antitrust Laws." World Competition 27, Issue 1 (March 1, 2004): 101–6. http://dx.doi.org/10.54648/woco2004007.
Повний текст джерелаАнотація:
The United States Department of Justice (``DOJ'') continues its aggressive pursuit of International Cartels. In addition to obtaining record levels of fines for corporations convicted of price fixing, the DOJ continues to seek more jail time for individual defendants found guilty of these crimes. The DOJ supports legislation now before Congress that would significantly increase penalties for both corporations and individuals convicted of antitrust violations. Increasingly, many of the individuals serving time in US prisons for antitrust crimes are foreign nationals not just US citizens. The threat of extradition to the United States on the basis of cartel behaviour looms ever larger. Recently, the DOJ has been aggressively placing foreign nationals that have been indicted in the United States on price fixing charges on Interpol's ``Red Notice'' list, subjecting them to possible arrest and detention by local officials as they enter or exit countries outside the United States. The DOJ has been using this procedure even where extradition to the United States on the basis of an antitrust offense would appear unattainable for lack of treaty support. Apparently in an increased spirit of cooperation with US cartel enforcement efforts, some countries have thus far acceded to this procedure nonetheless, providing substantial harassment impact. Whether this cooperation will continue or not remains to be seen.
5
Berry, Bonnie, and Earl Smith. "Race, Sport, and Crime: The Misrepresentation of African Americans in Team Sports and Crime." Sociology of Sport Journal 17, no. 2 (June 2000): 171–97. http://dx.doi.org/10.1123/ssj.17.2.171.
Повний текст джерелаАнотація:
Criminological literature and statistics show that African Americans are comparatively overrepresented in the United States criminal justice system. This study explores whether African American athletes are similarly overrepresented as criminally involved sports figures. Data abundantly illustrate that African Americans fare worse in all phases of criminal justice compared to whites. It has been speculated that African Americans, perhaps due to cultural influences or blocked opportunities, do commit more crime than other racial categories. There is equally strong reason to believe that the representation of African Americans in the criminal justice system is largely a result of racial bias on the part of social control agencies. Crime among athletes, regardless of race, can be explained through social forces, such as collective behavior, organizational influences, and social process. We conclude that African American athletes are socially expected to be engaged in crime and suggest a new approach to this area of study.
6
Hendricks, Peter S., Michael Scott Crawford, Karen L. Cropsey, Heith Copes, N. Wiles Sweat, Zach Walsh, and Gregory Pavela. "The relationships of classic psychedelic use with criminal behavior in the United States adult population." Journal of Psychopharmacology 32, no. 1 (October 17, 2017): 37–48. http://dx.doi.org/10.1177/0269881117735685.
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7
Boreiko, Halyna, and Vira Navrotska. "Abuse of the right to prosecution in criminal proceedings: The experience of Ukraine and the United States." Social Legal Studios 6, no. 4 (December 11, 2023): 38–47. http://dx.doi.org/10.32518/sals4.2023.38.
Повний текст джерелаАнотація:
Unfair use of the prosecutorʼs discretionary powers leads to violations of the rights, freedoms, and legitimate interests of a person. Examining the main ways of abusing the right to prosecution will help prevent negative manifestations in criminal proceedings that hinder the performance of its tasks. The purpose of the study is to identify specific examples of unfair behaviour by prosecutors in Ukraine and the United States during criminal proceedings. The paper uses a set of methods of scientific knowledge: abstraction, analysis, synthesis, comparative legal, formal legal, modelling methods. Some aspects of the implementation of criminal prosecution as the main procedural function of the prosecutor are examined. The main structural elements of the prosecutorʼs activity in the implementation of criminal prosecution and methods of abuse of discretionary powers in the implementation of this function are analysed. Examples of abuse of the right to prosecution are given both in Ukraine and in the United States. Separate criminal cases were considered, in which higher courts concluded that the prosecutor was abusing their right to prosecution (criminal prosecution). The legislation and legal positions of the highest court of the United States were used to compare and consider best practices. It is noted that although the American and Ukrainian models of criminal justice differ in many (primarily, formal) ways, they are based on numerous joint democratic and humanistic principles that serve to achieve justice in the field of countering crime. The need to take legitimate response measures when the prosecutor exercises their discretionary powers is justified. It is concluded that abuse of the right to prosecution exists by public prosecutors in criminal proceedings both in Ukraine and in the United States. It is demonstrated that the methods of such abuses are virtually the same and lead to violations of the rights, freedoms, and legitimate interests of participants in criminal proceedings, harm justice, and lead to a loss of public confidence since the discretionary powers granted to the prosecutor are often directed to convict and punish a person instead of searching for the truth, establishing justice. The conducted study will contribute to the development of measures to prevent the prosecutors from abusing the rights granted to them
8
Fondacaro, Mark R., and Megan J. O'Toole. "American Punitiveness and Mass Incarceration." New Criminal Law Review 18, no. 4 (November 1, 2015): 477–509. http://dx.doi.org/10.1525/nclr.2015.18.4.477.
Повний текст джерелаАнотація:
A recent National Academy of Sciences Report entitled, “The growth of incarceration in the United States: Exploring causes and consequences,” examined the drivers of the fourfold increase in incarceration rates in the United States and provided a firm recommendation for significant reduction in incarceration rates (Travis, Western, & Redburn, 2014). Policy makers representing the entire political spectrum are now publicly airing their views on the need for reform. Although public sentiment is generally favorably disposed toward reform in the abstract, when confronted with specific examples of crime, they tend to favor more punitive, retributive responses to crime. Retributive justifications for punishment that are deeply ingrained in our culture and our legal system, as well as our biological and psychological make-up, are a major impediment to constructive reform efforts. However, recent advances in research across neurobiological, psychological, and social levels of analysis suggest that following our retributive impulses to guide legal decision making and criminal justice policy is not only costly and ineffective in reducing crime, but unjust and increasingly difficult to justify morally. This article will draw on a body of research anchored in social ecological models of human behavior to argue for more forward-looking, consequentialist responses to crime that aim at the individual prevention of criminal behavior in the least restrictive and most cost-effective manner at both the front and back ends of our criminal justice system.
9
Shotwell, Trent. "Book Review: The State of American Policing: Psychology, Behavior, Problems, and Solutions." Reference & User Services Quarterly 59, no. 1 (December 11, 2019): 86. http://dx.doi.org/10.5860/rusq.59.1.7246.
Повний текст джерелаАнотація:
The State of American Policing: Psychology, Behavior, Problems, and Solutions by David J. Thomas observes the past and current roles of police in the United States. The purpose of this book is to closely examine the impact of policing minority members of the community and address recent instances of police use of deadly force. The author, David J. Thomas, provides expert perspective on policing with his background as a veteran police officer and criminal justice professor at Florida Gulf Coast University.
10
Matz, Adam K. "Community Corrections and the Health of Criminal Justice Populations." Journal of Health and Human Services Administration 41, no. 3 (September 2018): 348–83. http://dx.doi.org/10.1177/107937391804100305.
Повний текст джерелаАнотація:
Community supervision remains the most prevalent form of correctional control in the United States, with 1 in 53 adults on probation supervision. A large proportion of probationers, as well as parolees, possess distinct health issues associated with substance abuse, mental illness, and co-occurring disorders. These behavioral disorders influence and interact with criminal behavior patterns, commonly expressed as dynamic risk factors, necessitating increased collaboration with community service providers and health organizations. This article provides an overview of community corrections, health problems associated with community corrections populations, programming considerations, and notable barriers to expanding justice-health collaboration.
11
Berger, Raqota. "Deviant Group Membership – Joining, Leaving, and Behavior in Criminal Groups." International Journal of Social Science Studies 7, no. 6 (September 24, 2019): 1. http://dx.doi.org/10.11114/ijsss.v7i6.4427.
Повний текст джерелаАнотація:
Each year across the United States hundreds of thousands of individuals become involved in deviant groups, the most common being street gangs. Joining a deviant group is associated with higher rates of criminal offending, serious bodily injury, victimization, and even death. This study collected data from 124 individuals that have joined criminally-based groups at some point in their lives. These groups were identified by respondents as street gangs, crews, biker gangs, prison gangs, drug gangs, and car gangs. Most members joined their groups as teenagers ( = 15), and most left their groups during their early adult years. The average time spent in their respective groups was 6 years. The most common reasons for joining their groups was for friendship, family, respect, money, and protection. All respondents were involved in some sort of harmful behaviors while in their groups, the most common being drug and alcohol use, graffiti, vandalism, theft, and violence. Most of the study’s respondents had already left their respective groups (n = 70, 56.5%). The top reasons for leaving involved maturity, family responsibilities, parental responsibilities, legal problems, and employment. Generally, members from all types of groups studied stated that the group and lifestyle had a significant impact on their life and development (77%). Out of the major deviant groups analyzed in the study, it appears that belonging to a street gang may have largest overall impact, t(113) = 2.32, sig. = .002. This study provides further insight and information that could be of use for those working across a range of professions dealing with youth violence, behavioral problems, mental health issues, and education.
12
Whited, William H., Laura Wagar, Jon T. Mandracchia, and Robert D. Morgan. "Partners or Partners in Crime? The Relationship Between Criminal Associates and Criminogenic Thinking." International Journal of Offender Therapy and Comparative Criminology 61, no. 5 (July 28, 2016): 491–507. http://dx.doi.org/10.1177/0306624x15599605.
Повний текст джерелаАнотація:
Meta-analyses examining the risk factors for recidivism have identified the importance of ties with criminal associates as well as thoughts and attitudes conducive to the continuance of criminal behavior (e.g., criminogenic thinking). Criminologists have theorized that a direct relationship exists between the association with criminal peers and the development of criminogenic thinking. The present study empirically explored the relationship between criminal associates and criminogenic thinking in 595 adult male inmates in the United States. It was hypothesized that the proportion of free time spent with and number of criminal associates would be associated with criminogenic thinking, as measured by two self-report instruments, the Measure of Offender Thinking Styles–Revised (MOTS-R) and the Psychological Inventory of Criminal Thinking Styles (PICTS). Hierarchal linear regression analyses demonstrated that the proportion of free time spent with criminal associates statistically predicted criminogenic thinking when controlling for demographic variables. The implications of these findings on correctional practice (including assessment and intervention) as well as future research are discussed.
13
Gómez-Jara Díez, Carlos. "Corporate Culpability as a Limit to the Overcriminalization of Corporate Criminal Liability: The Interplay Between Self-Regulation, Corporate Compliance, and Corporate Citizenship." New Criminal Law Review 14, no. 1 (January 1, 2011): 78–96. http://dx.doi.org/10.1525/nclr.2011.14.1.78.
Повний текст джерелаАнотація:
This paper argues that there is clear sign of the overcriminalization of corporate conduct in America's criminal law and procedure: regardless of the evidence of a law-abiding behavior by a good corporate citizen, the corporation will be considered guilty if a member of its organization commits a crime within the scope of authority and with the intent to benefit the corporation. The paper explains that corporate culpability may function as a limit to this current overcriminalization as it demands in corporate criminal law what is requested in individual criminal law: that despite the agent's action and intent, the principal has not exercised some kind of due diligence. In turn, if evidence of that corporate due diligence is provided, no court should declare that a corporation is guilty. Such an approach is not only consistent with the basic tenets of criminal law, but it also reflects the different rationale for holding corporations criminally liable in modern society (as opposed to the times in which corporate criminal liability was enacted). A recent example of this overcriminalization tendency was provided by the 2nd Circuit's ruling in the case United States v. Ionia Management S.A., which is briefly discussed at the end of the paper.
14
Sporer, Celia. "Holocaust lessons for the criminal justice classroom." Journal of Interdisciplinary Studies in Education 8, no. 2 (December 30, 2019): 95–111. http://dx.doi.org/10.32674/jise.vi0.1390.
Повний текст джерелаАнотація:
The rise of antisemitic acts across the United States and worldwide and the general lack of Holocaust knowledge highlights the need to better integrate Holocaust education across disciplines, especially criminal justice. An undergraduate criminology class at Queensborough Community College (QCC) at the City University of New York (CUNY) was aligned with the goals and objectives of an on-campus exhibit, Conspiracy of Goodness, at the Kupferberg Holocaust Center. The exhibit focused on the rescuing behaviors of the village of Le Chambon during the Holocaust. Survey information suggested that prior to the class, students only had a rudimentary understanding of the Holocaust. During the semester students engaged with the exhibit, attended associated events and completed a paper comparing and contrasting the behaviors of Le Chambon with those of Jedwabne, Poland. Students selected and critically applied a criminological theory to explain the differences in behavior. Upon completion of the course, the majority of students showed an increased mastery not only of the facts of the Holocaust, but of their ability to think critically and make connections between historical events, criminological theories, and current events evidenced by their final papers, suggesting the benefit of aligning the studies of the Holocaust and criminal justice.
15
Bartol, Curt R., and Naomi J. Freeman. "History of the American Association for Correctional Psychology." Criminal Justice and Behavior 32, no. 2 (April 2005): 123–42. http://dx.doi.org/10.1177/0093854804272893.
Повний текст джерелаАнотація:
The history of the American Association for Correctional Psychology (AACP) is traced from 1954 to the present. The article offers some insights into the beginnings and development of correctional psychology in the United States, including those individuals most influential in that development. The history of AACP publications is also outlined, including the newsletter Correctional Psychologist and the scholarly journal Criminal Justice and Behavior. An entire list of AACP presidents is provided.
16
Milne, Emma. "Putting the Fetus First — Legal Regulation, Motherhood, and Pregnancy." Michigan Journal of Gender & Law, no. 27.1 (2020): 149. http://dx.doi.org/10.36641/mjgl.27.1.putting.
Повний текст джерелаАнотація:
The fetus-first mentality advocates that pregnant women and women who could become pregnant should put the needs and well-being of their fetuses before their own. As this Article will illustrate, this popular public perception has pervaded criminal law, impacting responses to women deemed to be the “irresponsible” pregnant woman and so the “bad” mother. The Article considers cases from Alabama and Indiana in the United States and from England in the United Kingdom, providing clear evidence that concerns about the behavior of pregnant women now hang heavily over criminal justice responses to women who experience a negative pregnancy outcome or who are perceived to have behaved in a way that could result in a negative outcome. This Article provides a new approach by bringing together a critical assessment of fetal protection laws with theories of motherhood ideologies and analyzing how such ideologies have resulted in legal developments not only in the US, where the fetus has been granted legal recognition in most states, but also in England and Wales, where the fetus continues to have no legal personality. The Article will conclude that the application of the fetus-first mentality within criminal law has resulted in dangerous legal developments that challenge women’s rights, while doing little to protect fetuses.
17
Armenta, Amada. "Racializing Crimmigration." Sociology of Race and Ethnicity 3, no. 1 (July 8, 2016): 82–95. http://dx.doi.org/10.1177/2332649216648714.
Повний текст джерелаАнотація:
Deporting “criminal aliens” has become the highest priority in American immigration enforcement. Today, most deportations are achieved through the “crimmigration” system, a term that describes the convergence of the criminal justice and immigration enforcement systems. Emerging research argues that U.S. immigration enforcement is a “racial project” that subordinates and racializes Latino residents in the United States. This article examines the role of local law enforcement agencies in the racialization process by focusing on the techniques and logics that drive law enforcement practices across two agencies, I argue that local law enforcement agents racialize Latinos by punishing illegality through their daily, and sometimes mundane, practices. Investigatory traffic stops put Latinos at disproportionate risk of arrest and citation, and processing at the local jail subjects unauthorized immigrants to deportation. Although a variety of local actors sustain the deportation system, most do not see themselves as active participants in immigrant removal and they explain their behavior through a colorblind ideology. This colorblind ideology obscures and naturalizes how organizational practices and laws converge to systematically criminalize and punish Latinos in the United States.
18
Arora, Ashna. "Juvenile Crime and Anticipated Punishment." American Economic Journal: Economic Policy 15, no. 4 (November 1, 2023): 522–50. http://dx.doi.org/10.1257/pol.20210530.
Повний текст джерелаАнотація:
Can sanctions deter juvenile crime? Research indicates that they may not, as offending barely decreases when individuals cross the age of criminal majority and begin to face harsher sanctions. Several models of criminal behavior predict, however, that these small reactions close to the threshold may mask larger behavioral responses among individuals below the age threshold. Policy variation between 2007–2015 in the United States is used to show evidence consistent with these predictions—juvenile crime increases when the age of majority is increased. This increase is driven by younger age groups and is considerably larger than discontinuity estimates at the threshold. (JEL D91, J13, K42)
19
Lagodny, Otto. "Legally Protected Interests of the Abducted Alleged Offender." Israel Law Review 27, no. 1-2 (1993): 339–61. http://dx.doi.org/10.1017/s0021223700016988.
Повний текст джерелаАнотація:
Professor S. Z. Feller, to whom this article respectfully is dedicated, wrote a critical attack on the problem of concurrent criminal jurisdiction. The adverse consequence of more than one state claiming jurisdiction over a given criminal behaviour may be the abduction of the alleged offender by officials of one of these states. This issue was recently raised in the United States Supreme Court in theAlvarez-Machaincase. Chief Justice Rehnquist's holding allowing a U.S. court to try Dr. Alvarez-Machain, who was abducted by U.S. authorities, caused vehement national and international criticism. Subsequently, the United States District Court of Los Angeles acquitted Dr. Alvarez-Machain on 14 December 1992.The long list of abduction cases of recent history, together with the absence of a satisfying solution are alarming. I shall not attempt to cut this “Gordan's knot”, but rather shall focus on an issue that has as yet not been clearly addressed in the current debate.
20
Kirk, David S., Andrew V. Papachristos, Jeffrey Fagan, and Tom R. Tyler. "The Paradox of Law Enforcement in Immigrant Communities." ANNALS of the American Academy of Political and Social Science 641, no. 1 (March 30, 2012): 79–98. http://dx.doi.org/10.1177/0002716211431818.
Повний текст джерелаАнотація:
Frustrated by federal inaction on immigration reform, several U.S. states in recent years have proposed or enacted laws designed to stem the flow of illegal immigrants into the United States and to facilitate their removal. An underappreciated implication of these laws is the potential alienation of immigrant communities—even law-abiding, cooperative individuals—from the criminal justice system. The ability of the criminal justice system to detect and sanction criminal behavior is dependent upon the cooperation of the general public, including acts such as the reporting of crime and identifying suspects. Cooperation is enhanced when local residents believe that laws are enforced fairly. In contrast, research reveals that cynicism of the police and the legal system undermines individuals’ willingness to cooperate with the police and engage in the collective actions necessary to socially control crime. By implication, recent trends toward strict local enforcement of immigration laws may actually undercut public safety by creating a cynicism of the law in immigrant communities. Using data from a 2002 survey of New York City residents, this study explores the implications of perceived injustices perpetrated by the criminal justice system for resident willingness to cooperate with the police in immigrant communities.
21
CLEAR, TODD R., VAL B. CLEAR, and ANTHONY A. BRAGA. "Correctional Alternatives for Drug Offenders in an Era of Overcrowding." Prison Journal 73, no. 2 (June 1993): 178–98. http://dx.doi.org/10.1177/0032855593073002004.
Повний текст джерелаАнотація:
Given the severe overcrowding suffered by nearly all state and federal correctional systems, the antidrug movement in the United States faces extreme resource constraints. This article argues that patterns in the relationship between drug use and criminal behavior call for different correctional strategies. The utility of various nontraditional correctional alternatives for drug offenders is described based on the drug-crime relationship. Recent research on correctional strategies is applied to the special problems involved in the management of drug offenders.
22
Robb, Kevin S., and Shan Patel. "The United States, the International Criminal Court, and Afghanistan: The Rupturing of Mutual Accommodation." International Criminal Law Review 20, no. 6 (November 27, 2020): 1068–107. http://dx.doi.org/10.1163/15718123-bja10029.
Повний текст джерелаАнотація:
Abstract In September 2018, then U.S. National Security Advisor John Bolton delivered a speech that ushered in a new, more aggressive era of U.S. foreign policy vis-à-vis the International Criminal Court (icc). Washington’s disapprobation over the icc’s interest in the alleged crimes of U.S. personnel in Afghanistan has been seen as the cause for this change. While this is certainly partly true, little attention has been paid to Fatou Bensouda’s prosecutorial behaviour as an explanatory factor. Using the framework from David Bosco’s Rough Justice, this article demonstrates that a distinct shift in prosecutorial behaviour occurred when Fatou Bensouda took over as Chief Prosecutor. In contrast to Luis Moreno Ocampo’s strategic approach, avoidant of U.S. interests, Bensouda’s apolitical approach directly challenged the U.S. This shift in prosecutorial behaviour ruptured the ‘mutual accommodation’ that previously characterised the icc-U.S. relationship and, in turn, produced the shift in U.S. policy that now marginalises the Court.
23
Torres Quintero, Angélica Paola, Juliana Villanueva Congote, Maria Camila Jaramillo Bernal, Esteban Sotomayor Carreño, and Catherine Gutiérrez Congote. "Mental Health in the Attention Models for Juvenile Offenders. The Cases of Colombia, Argentina, United States and Canada." Universitas Médica 59, no. 4 (October 19, 2018): 1–6. http://dx.doi.org/10.11144/javeriana.umed59-4.infr.
Повний текст джерелаАнотація:
Abstract
Objective: To investigate how mental health is understood and approached in the attention models of detention centers for the convicted underage population in Argentina, Colombia, United States and Canada. Methodology: A literature search was conducted using the following key words: adolescence, mental health, juvenile justice, juvenile delinquency, risk factors, and interventions. Searches were done through the search engine Pubmed. Additionally, public institution websites for each country were consulted. Conclusions: Juvenile delinquency is now understood as a multi-factorial phenomenon with multiple areas of intervention within which economic, domestic and social factors are considered relevant, since these favor the development of criminal behavior. A similarity was found between Colombian and Argentinian systems; both are based on restorative justice that seeks reparation and not punishment; which is why there are no punitive measures. When comparing Canada and the United States, it can be seen that Canada is more similar to Latin-American countries than to the United States, given that the latter uses punitive measures focused on the offender.
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DeLisi, Matt, Erik J. Nelson, Michael G. Vaughn, Brian B. Boutwell, and Christopher P. Salas-Wright. "An Epidemiological Study of Burglary Offenders: Trends and Predictors of Self-Reported Arrests for Burglary in the United States, 2002-2013." International Journal of Offender Therapy and Comparative Criminology 62, no. 4 (September 29, 2016): 1107–27. http://dx.doi.org/10.1177/0306624x16670178.
Повний текст джерелаАнотація:
Burglary is serious property crime with a relatively high incidence and has been shown to be variously associated with other forms of criminal behavior. Unfortunately, an epidemiological understanding of burglary and its correlates is largely missing from the literature. Using public-use data collected between 2002 and 2013 as part of the National Survey on Drug Use and Health (NSDUH), the current study compared those who self-reported burglary arrest in the prior 12 months with and without criminal history. The unadjusted prevalence estimates of self-reported burglary arrest were statistically different for those with a prior arrest history (4.7%) compared with those without an arrest history (0.02%) which is a 235-fold difference. Those with an arrest history were more likely to report lower educational attainment, to have lower income, to have moved more than 3 times in the past 5 years, and to use alcohol, tobacco, illicit drugs, and engage in binge drinking. Moreover, those with prior arrest histories were younger and more likely to be male. There is considerable heterogeneity among burglars with criminal history indicating substantially greater behavioral risk.
25
Sah, Sunita, Christopher T. Robertson, and Shima B. Baughman. "Blinding prosecutors to defendants’ race: A policy proposal to reduce unconscious bias in the criminal justice system." Behavioral Science & Policy 1, no. 2 (October 2015): 69–76. http://dx.doi.org/10.1177/237946151500100208.
Повний текст джерелаАнотація:
Racial minorities are disproportionately imprisoned in the United States. This disparity is unlikely to be due solely to differences in criminal behavior. Behavioral science research has documented that prosecutors harbor unconscious racial biases. These unconscious biases play a role whenever prosecutors exercise their broad discretion, such as in choosing what crimes to charge and when negotiating plea bargains. To reduce this risk of unconscious racial bias, we propose a policy change: Prosecutors should be blinded to the race of criminal defendants wherever feasible. This could be accomplished by removing information identifying or suggesting the defendant's race from police dossiers shared with prosecutors and by avoiding mentions of race in conversations between prosecutors and defense attorneys. Race is almost always irrelevant to the merits of a criminal prosecution; it should be omitted from the proceedings whenever possible for the sake of justice.
26
Doleac, Jennifer L. "Encouraging Desistance from Crime." Journal of Economic Literature 61, no. 2 (June 1, 2023): 383–427. http://dx.doi.org/10.1257/jel.20211536.
Повний текст джерелаАнотація:
Half of individuals released from prison in the United States will be re-incarcerated within three years, creating an incarceration cycle that is detrimental to individuals, families, and communities. There is tremendous public interest in ending this cycle, and public policies can help or hinder the reintegration of those released from jail and prison. This review summarizes the existing empirical evidence on how to intervene with existing offenders to reduce criminal behavior and improve social welfare. (JEL D91, I18, I28, I38, K42, R23)
27
Horvath, Frank, and Robert Peters. "Polygraph Testing and Social Intolerance: A Warning to Examiners Outside of the United States." European Polygraph 16, no. 1 (October 1, 2022): 11–16. http://dx.doi.org/10.2478/ep-2022-0001.
Повний текст джерелаАнотація:
Abstract The use of polygraph testing in the applicant screening process for law enforcement positions is widely accepted in the United States and elsewhere. Generally, that testing includes questions related to past behaviors such as involvement in criminal activity, use of illegal drugs, falsified background information, employment misconduct and so forth. More recently some have advocated that such testing ought to include questions related to ‘social intolerance.” In this paper we argue that testing for such ‘intolerance’ is highly objectionable and is likely to encourage efforts to prohibit polygraph testing, especially so outside of the United States.
28
Arno, Claudia. "Proportional Response: The Need for More—And More Standardized—Veterans’ Courts." University of Michigan Journal of Law Reform, no. 48.4 (2015): 1039. http://dx.doi.org/10.36646/mjlr.48.4.proportional.
Повний текст джерелаАнотація:
Over the past two decades, judges and legislators in a number of states have recognized significant shortcomings in the ways traditional systems of criminal corrections address cases involving criminal offenders who are veterans of the U.S. armed services. This recognition has come at a time when policy-makers have similarly recognized that, for certain subsets of criminal offenders, “diversionary” programs may achieve better policy results than will traditional criminal punishment. In accordance with these dual recognitions, some states have implemented systems of veterans’ courts, in which certain offenders, who are also U.S. veterans, are diverted into programs that provide monitoring, training, and occupational and psychological counseling in lieu of imprisonment. Because these veterans’ courts have been created on an ad hoc, state-by-state basis, it remains unclear exactly how such courts should be implemented in order to be most effective. This Note argues that the evidence currently available suggests that veterans’ courts are a good policy choice, in that they can have a positive impact on state criminal systems by reducing recidivism among offenders and by conserving state resources. Accordingly, this Note argues, states should pursue diversionary programs for at least some subset of U.S. veterans because: (1) the U.S. government has already invested significant resources in training veterans and helping them to develop skills; (2) in many cases the behavior that leads to a veteran being incarcerated stems at least in part from service-related trauma, suggesting that addressing the trauma may correct the behavior; and (3) as a matter of equity, those who have served in defense of the United States may be due special consideration in light of their special sacrifices. This said, given the difficulties inherent in determining which veterans, in which cases, should be afforded the benefits of these diversionary programs, that there is no coordinated state action in this area, and that many of the potential benefits of veterans’ courts can best—or perhaps only—be realized through a standardized, uniform model, the federal government should promulgate standards for implementing such programs in state court systems.
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Elliott, Rebecca T. "Examining the Relationship Between Personality Characteristics and Unethical Behaviors Resulting in Economic Crime." Ethical Human Psychology and Psychiatry 12, no. 3 (December 2010): 269–76. http://dx.doi.org/10.1891/1559-4343.12.3.269.
Повний текст джерелаАнотація:
The current downward economic spiral in the United States has forced diffi cult, sometimes unethical financial decisions brought to public attention by high-profi le offenders. Previous research has not supported personality as a signifi cant factor in white-collar crime (Alalehto, 2003; Blickle, Schlegel, Fassbender, & Klein, 2006; Freeley, 2006). Current data and small research efforts indicate that some personality traits are more evident than others in the case of economic crime. Systematically examining personality traits as a factor in instances of embezzlement and fraudulent acts may provide insight into profi ling or deterring criminal behavior. Research examining personality and fraudulent behavior is warranted.
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Scott, Bettina M., Robert W. Denniston, and Kathryn M. Magruder. "Alcohol Advertising in the African-American Community." Journal of Drug Issues 22, no. 2 (April 1992): 455–69. http://dx.doi.org/10.1177/002204269202200219.
Повний текст джерелаАнотація:
Beverage alcohol is the most widely used, enjoyed, and abused addictive substance in the United States. Alcohol related problems — which range from alcoholism, cirrhosis, trauma, and criminal behavior to birth defects, cancer, and other long-term health problems — result in an estimated 100,000 deaths and cost the American society more than $135 billion each year. Alcohol abuse is the leading health and safety problem in the African-American community, making its health and social consequences especially severe. Given this backdrop, there are compelling reasons to be concerned when alcohol producers target African Americans with special advertising and promotions. It is important to examine the marketing and advertising practices of alcohol producers as they relate to African-American communities and their potential impact on alcohol-related behaviors.
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Finkelhor, David, and Melanie Johnson. "Has Psychiatric Medication Reduced Crime and Delinquency?" Trauma, Violence, & Abuse 18, no. 3 (December 13, 2015): 339–47. http://dx.doi.org/10.1177/1524838015620817.
Повний текст джерелаАнотація:
Several strands of research are consistent with the possibility that expansions in psychiatric medication usage have reduced crime and delinquency. Estimates suggest that medication usage has increased to as much as 9% of the youth population and up to 20% of the adult population in the United States and is high among populations associated with the criminal justice system. Studies show that four classes of commonly used psychiatric medication do reduce aggressive behavior, and crime rates are lower among diagnosed patients receiving such medications compared to those not. Prescriptions for medication increased fivefold for youth during the time that crime has declined in the United States and elsewhere, and two population-level analyses find some association between prescription rates and crime trends over time. However, true experimental studies are lacking, and one of the better trend studies does not show strong associations. This article proposes a research agenda for this issue.
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DeLuca, Joseph S., John Vaccaro, Amalia Rudnik, Nicole Graham, Anna Giannicchi, and Philip T. Yanos. "Sociodemographic Predictors of Sex Offender Stigma: How Politics Impact Attitudes, Social Distance, and Perceptions of Sex Offender Recidivism." International Journal of Offender Therapy and Comparative Criminology 62, no. 10 (August 9, 2017): 2879–96. http://dx.doi.org/10.1177/0306624x17723639.
Повний текст джерелаАнотація:
Stigma toward general criminal offenders has been found to be particularly salient among community members who identify as politically conservative; however, less is known about how political identification relates to stigma toward sex offenders. This is a particularly important area of inquiry, given that criminal jurisprudence and politics legitimatize stigmatizing labels attributed to sex offenders through laws and policies that apply specifically to this group. A nonrandom sample ( N = 518) of participants living in the United States was recruited for this survey study. Findings indicated that a specific aspect of conservative political ideology—right-wing authoritarianism (RWA)—significantly predicts negative attitudes and intended social distancing behavior toward sex offenders, even when controlling for other important predictors, such as education and prior contact. RWA was found to be the strongest predictor of negative attitudes and estimations of sex offender recidivism, and also significantly predicted intended social distancing behavior. Implications for addressing stigma toward sex offenders are discussed.
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King, Ryan D., and Denise Obinna. "Violent Crime and Immigrant Removals: Reasons and Determinants of Immigrant Deportations, 1908-1986." Migration Letters 15, no. 2 (April 28, 2018): 239–54. http://dx.doi.org/10.33182/ml.v15i2.371.
Повний текст джерелаАнотація:
This research describes and explains changes in non-citizen deportations from the United States between 1908 and 1986. Using data from historical immigration yearbooks, we first document and quantify the primary reasons given for removing immigrants from U.S. soil. A key finding is that perceived dispositional defects and threatening behavior (e.g., criminal behavior, mental or physical defects) accounted for a large proportion of deportations in the early 20th century, but these gave way to administrative rationales (e.g., improper documentation) as immigration law and the enforcement bureaucracy expanded. Results of time-series analyses further suggest that the homicide rate is correlated with deportations for administrative reasons and with deportations based on perceived dispositional defects and threatening behavior. Implications and relevance for understanding current immigration debates are discussed.
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Шкабин, Геннадий, and Gennadiy Shkabin. "CRIMINALLY-LEGAL MAINTENANCE OF OPERATIONAL-INVESTIGATIVE ACTIVITY IN AUSTRALIA AND THE UNITED STATES: THE EXPERIENCE FOR THE RUSSIAN LEGISLATOR." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 80–85. http://dx.doi.org/10.12737/article_593fc343c04c73.33901692.
Повний текст джерелаАнотація:
For a relatively long time there is consideration of criminal law maintenance for secrecy activity of law enforcement agencies in order to combat crime in the legislation, judicial practice and jurisprudence of some foreign countries. In many states this process has undergone numerous changes. The article presents the experience of legal regulation of causing harm during performance of activities, which is called operational-investigative in Russia. The provisions of legal acts and court decisions of Australia and the United States as the countries with the most developed regulatory and scientific basis for solving these problems are analyzed. It is noted that in both countries the root cause of the formation of the regulatory framework dedicated to harm causing during covert operations were specific criminal cases. The legislation of Australia, which establishes the procedure for controlled operations causing harm to the objects of criminal law protection, is considered. The conditions of the legitimacy of the controlled behavior are described. Attention is paid to the border admissibility of acts as well as the release of the Australian legislator since 2010, the so-called auxiliary crime during a controlled operation. Legal maintenance for acts of secret FBI employees in USA, conditions of their lawful conduct and the limits of harm causing are described. The author comes to a conclusion that the representatives of US law enforcement-enforcement agencies have extremely broad powers during operational implementation. Based on the review conclusions, including and recommendations for the improvement of the Russian legislation are drawn.
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Zbigniew Lasocik. "The Professional Criminal." Archives of Criminology, no. XXVI (May 5, 2002): 17–51. http://dx.doi.org/10.7420/ak2001-2002b.
Повний текст джерелаАнотація:
The article seeks to sum up all that has been said on the subject of professional criminality in the past half-century. It was never any part of the author’s aim to offer an analysis of contemporary professional crime. He viewed his task in much more modest terms. First of all he presents the origins of professional crime in a historical perspective and adduces the traditional definitions of the phenomenon dating to the first decade of the 20th century. Next he addresses the issue of empirical determination of the scale of professional crime and presents more recent approaches to description of this kind of criminality and attempts to define the concept of professional criminal. In an account with a primarily sociological focus the emphasis is on the origins of professional criminality seen as one of many mechanisms regulating the behavior of individuals. Historical sources indicate that professional criminality made its appearance during the late Middle Ages when feudal social structures were overtaken by a process of disintegration. The rise of this type of crime was made possibile by the materialization of conducive social and economic conditions such as changes in social structure and mass production. Professional crime is a product of modern societies, which employ money and produce surpluses of goods. In primitive societies there are not enough goods in the possession of the average citizen for the professional criminal to make a livelihood from larceny and for this occupation to be viable as one of the forms of organized social activity. Scholars did not discern this problem until the end of the 19th century. The first one to introduce the idea of the professional criminal to the language of criminology, law and sociology was F. Liszt. This was at a time when lawyers, anthropologists and sociologists were engaged in debates and arguments on the subject of repeated criminality and ways of tackling crime of this type. It was then that there came the first definition of professional criminality. There was agreement among many analysts of that period that the most important thing was to recognize that wrongdoers polish their expertise in the art of committing crime and make such activities a permanent source of income. Simultaneously, in the United States there came the beginnings of in-depth studies of social phenomena, including crime, pioneered by the Chicago School. One result of the new investigative approach was the first studies of professional crime, notably Edwin Sutherland’s well-known work The Professional Thief. The traditional definition of the concept of professional criminal derives precisely from this period, that is the first half of the 19th century. Though investigations in Europe and the United States followed a variety of directions the findings with regard to the principal characteristics of professional criminals were substantially similar. The basic characteristic was seen to be the fact that professional criminals earn their living from committing crimes, which means that the time normally devoted to employment is in their case devoted to planning and carrying out criminal activities. A second salient characteristic was possession of the requisite knowledge, skills and experience in the field of criminal activity. Another influence on this kind of career choice is a sense of identification with the criminal world and a hostile attitude to the representatives of law and order although the professional criminal also knows how to deal with them in a crisis situation (e.g. arest). Despite the existence of a host of writings on the subject of professional criminality and agreement among many authors about its principal characteristics, voices questioning the existence of such a category as the professional criminal continue to make themselves heard. The aforementioned works also includes ones whose authors attempted empirical verification of the existence of such a category of criminals and determination of the scale of professional criminality as a social phenomenon. Here investigation encountered obstacles as it was found that the more or less generally accepted definition of professional criminal did not easily lend itself to the process of operationalization. None the less, as a result of research conducted in various countries, in various periods and by diverse methods scholars have succeeded in establishing that professional criminality does exist and is a widespread phenomenon rather than the elite occupation that it might appear to be based on the proposed definitions. Students of the subject suggest that the number of persons meeting the definition (even in its simplest version) should be estimated in thousands rather than double digits. Professional criminality is from a legal point of view a phenomenon of no interest. The commission of a crime by a perpetrator who can be characterized as a professional criminal does not in most cases weigh for anything in determining the degree of criminal responsibility. However, professional crime is of interest as a social phenomenon, which explains why the literature on the subject is dominated by works with a typically sociological approach. Scholarly inquiry revolved around a number of problems which in terms of the intrinsic nature of the phenomenon discussed here are of the essence. Of these the most important are the relationship between professional criminals and their social environment and with the wider community, their attitude to law enforcement agencies, social status, rationalization of their behavior, and the machinery of recruitment to this group. Though the relations between the criminal and the “occupational” group take a diversity of forms, it is those of a normative character which are of overriding significance. It is thanks to the criminal group that he acquires professional criminal status and the group which lays down the system of rulet for the criminal’s social and professional conduct and which forms the natural infrastructure for criminal activity. On the other hand, every criminal is also a member of society to which he is connected by a multiplicity of ties. If he is to function in the community at all normally, even if it is only on the fringes of social life, he has somehow to rationalize his behavior which is, at bottom, directed against society. The most frequent way in which he does this is by questioning the honesty of all other participants in the social situation or by moral disparagement of his victim. There is no agreement among scholars on the question of nature of the professional criminal’s attitude to “normal” society. Some maintain that it is negative, others that it is positive. The former stress the fact that a negative attitude is a simple consequence of employing rationalization mechanisms which place the perpetrator of crimes in a conflict or at best hostility relationship with society. According to the opposite school of thought professional criminals try to maintain the best possible relations with society and are sympathetically disposed towards it since its success and well-being are for them a guarantee of rich pickings. However, there is a special relationship between professional criminals and the representatives of law enforcement. A natural consequence of their chosen career is that they are in a state of permanent conflict with the guardians of law and order. However, conflict does not necessarily mean enmity. Police officers regard the elite of the criminal world with a peculiar kind of respect, especially thieves who do not resort to violence. Though professional criminals treat police officers or prison guards as their adversaries they acknowledge their superiority at the moment of apprehension. They then go out of their way to gain an officer’s favor and will not shrink from attempting bribery and occasionally even passing on information. The normative character of the professional criminal’s relations with the criminal group means that the machinery of recruitment of new members becomes the crux of the matter. On this point, too, researchers’ opinions are divided. There are those who contend that the phenomenon of recruitment exists and that it is the crucial element in the creation of occupational identity and internalization of group norms. The critics of this view readily cite empirical data which indicate that criminals themselves deny the existence of a phenomenon of recruitment and its performance of any kind of regulatory function. The so-called traditional method of defining professional crime, given currency by European legal theorists and American sociologists in the first half of the 19th century, has come under criticism in recent decades. Researcher representing various theoretical schools have gathered empirical evidence that calls in question the existence of a category of professional criminals who make their living solely from crime, specialize in one kind of crime and are closely connected with the criminal world, the latter being their point of reference and source of norms and rules of conduct. The reality seems to be more complicated. Among criminals there are some who are beyond question professionals and specialists in some area of activity but have never belonged to any sort of criminal community. There are also felons who have strong links to criminal groups but engage in a diversity of criminal activity and do not aspire to any form of specialization. It is becoming increasingly frequent to treat the criminal community not as a reference group but as a natural infrastructure for criminal activity. A question that arises in this context concerns the connections between professional crime and organized crime which for years was treated by criminology as a separate and distinct phenomenon. In the crime patterns of recent decades there have also appeared other developments (car theft, cybercrime) with respect to which the traditional method of defining professional crime has proved useless. The questions raised and the doubts voiced have confronted criminology with the necessity of redefining professional criminality. However, if the phenomenon is viewed in a somewhat broader perspective it has to be noted that one of the most important challenges for contemporary criminology might prove to be reorientation of theoretical reflection on the subject of definition and classification of criminal behavior in general and by the same token reorientation of our way of thinking about construction of typology of crime.
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Douglas, Emily, and Jennifer Vanderminden. "A Longitudinal, Multilevel Analysis of Homicide Against Children Aged 0–9 Years Using State-Level Characteristics: 1979–2007." Violence and Victims 29, no. 5 (2014): 757–70. http://dx.doi.org/10.1891/0886-6708.vv-d-12-00085.
Повний текст джерелаАнотація:
Annually, over a thousand children are the victims of homicide in the United States Homicide among younger children, 0–9 years of age, is usually perpetrated by parents and caregivers. Researchers neither have tracked changes in the homicide rate among young children over time nor have they used theory to understand what factors may drive these changes. In this analysis of state-level data, we used longitudinal growth modeling and ecological theory to examine changes in homicide rate against children aged 0–9 years from 1979 to 2007. Our results indicate that states are relatively consistent, over time, in their homicide rates. Furthermore, a cultural context of criminal and risky behavior is positively associated with homicide against children. We discuss implications for future research and prevention.
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Keitner, Chimène I. "Attribution by Indictment." AJIL Unbound 113 (2019): 207–12. http://dx.doi.org/10.1017/aju.2019.34.
Повний текст джерелаАнотація:
The challenges of attributing malicious cyber activity—that is, identifying its authors and provenance with a sufficient degree of certainty—are well documented. This essay focuses on a phenomenon that I call “attribution by indictment.” Since 2014, the United States has issued more than a dozen indictments that implicate four foreign states in malicious cyber activity: China, Iran, Russia, and North Korea. Ten of these indictments were issued in 2018, suggesting that this practice is likely to continue and even intensify in the near term. Attribution by indictment uses domestic criminal law, enforced transnationally, to define and enforce certain norms of state behavior in cyberspace. This essay analyzes the U.S. practice of attribution by indictment as a response to malicious cyber activity.
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Schehr, Robert. "The Emperor’s New Clothes." Texas A&M Law Review 2, no. 3 (January 2015): 385–432. http://dx.doi.org/10.37419/lr.v2.i3.2.
Повний текст джерелаАнотація:
United States Supreme Court and jurisprudential rationalizations for the constitutionality, centrality, and finality of plea-bargaining signify intellectual dishonesty, ignorance of human behavior and decision-making, and a statesanctioned threat to personhood and liberty in the United States of America. It is the Author’s purpose to expose the imperious practice of plea-bargaining for what it is—a cynical and intellectually dishonest institutional remedy for an unwieldy judicial system that has knowingly rationalized the practice to facilitate expedient resolution of ever-increasing caseloads. In order to establish plea practice as constitutional, the Supreme Court was forced to employ a jurisprudential discourse that shifted from the due-process language found in criminal law, especially the protections afforded by the Fifth and Sixth Amendments, towards contract law where defendants personifying homo economicus are “free” to negotiate away their rights. Beginning in 1930, and again in 1970, the Supreme Court applied an entirely novel standard to the adjudication of criminal cases, and it rationalized its decision on the need for efficiency. What is at stake is nothing less than the integrity of the Constitution, the Bill of Rights, and whatever still remains of an American sense of personhood under the law. The erosion of our rights that are so intimately associated with freedom due to plea-bargaining is an unprecedented injustice that cannot continue.
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Korman, Benjamin A. "Recruitment discrimination of lifetime classic psychedelic users is unjustified: Evidence from employees' motivation-based workplace absenteeism." Journal of Psychedelic Studies 6, no. 3 (January 16, 2023): 203–10. http://dx.doi.org/10.1556/2054.2022.00240.
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AbstractBackground and aimsAlthough large-scale population studies have linked the use of classic psychedelics (lysergic acid diethylamide, psilocybin, or mescaline) to reduced odds of physical health problems, mental health problems, and criminal behavior, the roughly 35 million adults in the United States who have used classic psychedelics are nonetheless stigmatized in the American job market. Various federal organizations in the United States automatically reject applicants on the sole basis of prior psychedelic use, thereby practicing an open form of legal discrimination against these applicants. The present study investigates whether this discrimination can be justified based on associations between lifetime classic psychedelic use and motivationally-based workplace absenteeism.MethodsUsing pooled cross-sectional data from the National Survey on Drug Use and Health (2013–2019) on 193,320 employed adults in the United States, this study tests whether lifetime classic psychedelic use predicts the number of workdays employees skipped in the last month (i.e., motivationally-based workplace absenteeism).ResultsAfter adjusting for sociodemographics, physical health indicators, and other substance use, no significant association between lifetime classic psychedelic use and motivationally-based workplace absenteeism is found.ConclusionThis study builds on classic psychedelic research that is just beginning to take work-specific outcomes into account and offers empirical justification for the elimination of arbitrary drug-based recruitment policies in the workplace.
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Epperson, Matthew W., Amy Blank Wilson, and Gina Fedock. "The Promise of Research to Advance Smart Decarceration." Criminal Justice and Behavior 48, no. 1 (December 3, 2020): 3–9. http://dx.doi.org/10.1177/0093854820977587.
Повний текст джерелаАнотація:
This paper describes the concept of “Smart Decarceration” and introduces the special issue of Criminal Justice and Behavior entitled “Research to Advance Smart Decarceration Policies, Programs, and Interventions.” The concept of Smart Decarceration originated nearly a decade ago as the United States reached a tipping point in mass incarceration, and it focuses on three interrelated outcomes: substantially reducing the use of incarceration and other forms of punishment; reversing racial disparities and other inequities in the criminal justice system; and promoting safety and well-being, particularly for communities that have been most impacted by mass incarceration. Ultimately, Smart Decarceration efforts should prioritize reducing the overall footprint of the criminal justice system, while building capacity outside of the system to support safety, health, and well-being. Research plays a critical role in advancing Smart Decarceration, as new forms of knowledge and evidence must be developed to replace ineffective and unjust policies and practices associated with mass incarceration. The paper discusses approaches to research that move beyond typical criminal justice outcomes and focus on the multifaceted goals of Smart Decarceration. The six articles in this special issue are introduced, highlighting their foci across ecological levels and the breadth of the criminal justice continuum, centering populations most impacted by incarceration, and identifying practice and policy innovations.
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Lowe, Maria R., Angela Stroud, and Alice Nguyen. "Who Looks Suspicious? Racialized Surveillance in a Predominantly White Neighborhood." Social Currents 4, no. 1 (July 31, 2016): 34–50. http://dx.doi.org/10.1177/2329496516651638.
Повний текст джерелаАнотація:
In recent decades, neighborhoods across the United States have begun to employ digital media to monitor their communities for outsiders who are seen as suspicious. Yet, little is known about these surveillance practices and their consequences at the individual and neighborhood levels. Such monitoring behaviors are important to analyze not only because of the ways that perceptions of criminal threat are often racialized but also because of the role that private citizens play in initiating contact between strangers and the police. Based on an analysis of e-mails submitted to a listserv in a liberal, predominantly white neighborhood from September 2008 through August 2009, this article explores how residents identify, discuss, and respond to people whom they define as suspicious. Findings show that most suspicious person e-mails focus on black men who are also more likely to be portrayed as unique threats to neighborhood safety. These results suggest that listserv surveillance practices foster racialized notions of criminal threat that both reinforce the boundaries of predominantly white neighborhoods and reproduce the perception of black men as criminals.
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Aizer, Anna, and Joseph J. Doyle. "Juvenile Incarceration, Human Capital, and Future Crime: Evidence from Randomly Assigned Judges *." Quarterly Journal of Economics 130, no. 2 (February 2, 2015): 759–803. http://dx.doi.org/10.1093/qje/qjv003.
Повний текст джерелаАнотація:
Abstract Over 130,000 juveniles are detained in the United States each year with 70,000 in detention on any given day, yet little is known about whether such a penalty deters future crime or interrupts social and human capital formation in a way that increases the likelihood of later criminal behavior. This article uses the incarceration tendency of randomly assigned judges as an instrumental variable to estimate causal effects of juvenile incarceration on high school completion and adult recidivism. Estimates based on over 35,000 juvenile offenders over a 10-year period from a large urban county in the United States suggest that juvenile incarceration results in substantially lower high school completion rates and higher adult incarceration rates, including for violent crimes. In an attempt to understand the large effects, we found that incarceration for this population could be very disruptive, greatly reducing the likelihood of ever returning to school and, for those who do return, significantly increasing the likelihood of being classified as having an emotional or behavioral disorder.
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Sheveleva, Svetlana, and I. Teneneva. "VOYEURISM: CRIMINAL AND CRIMINOLOGICAL ASPECTS." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7, no. 3 (December 12, 2022): 209–22. http://dx.doi.org/10.29039/2413-1733-2021-7-3(2)-209-222.
Повний текст джерелаАнотація:
One of the types of paraphilia is voyeurism, i.e., secretly spying on the intimate actions of other people. From the point of view of medicine, voyeurism is recognized as a disorder of sexual preference, in art it has found expression in the paintings of famous masters, but from the point of view of morality it remains in the plane of religiously conditioned prohibitions, and psychologists say that the considered form of sexual behavior is dangerous not only for the psyche of the actor, but also for the victim. Within the framework of the presented research, the authors offer an analysis of the legal reaction of foreign countries to this form of sexual deviation, consider the types of punishments, and also present a criminological portrait of voyeurism. In the legal systems of foreign countries (Great Britain, Belgium, Singapore), voyeurism is recognized as a sexual crime; in the United States, Germany, New Zealand, and some states of Australia, the act in question is recognized as a crime that violates the «right to privacy». Separate statistical data on the specified acts in separate countries (where such counting is conducted) are presented, the reasons of growth of such encroachments and ways of their implementation are defined. In Russia, such acts receive a criminal-legal assessment on the grounds of Article 137 of the Criminal Code of the Russian Federation, which should be considered as a «legislative compromise», since in the actions of a voyeur, the main motive is sexual, and violation of privacy is not the goal. Some statistical data indicate an increase in such attacks in the world, but in Russia, the paraphilia in question is mainly the subject of research by psychologists, sexologists, and journalists. No serious criminological or criminal law studies were conducted. The presented research is the first attempt to study this phenomenon in the legal aspect, suggesting the beginning of a scientific discussion. It is concluded that in the conditions of digitalization of society, voyeurism as a form of sexual deviation will continue to develop, so it is necessary to adopt a set of legal measures aimed at protecting the rights of victims.
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Mrvić-Petrović, Nataša. "Criminal law approach to regulating non-consensual pornographic deepfake." Bezbednost, Beograd 66, no. 2 (2024): 5–23. http://dx.doi.org/10.5937/bezbednost2402005p.
Повний текст джерелаАнотація:
The paper examines the needs and possibilities of applying the criminal law mechanism to prevent the deepfake pornography (digital pornographic content created by the use of artificial intelligence). The criminological characteristics of the phenomenon are described. The legislation of the United States of America, Great Britain, Switzerland, Russia and China, as well as the regulations of the European Union related to the prevention of gender-based violence and liability for the dissemination of deepfakes, was analyzed. Analysis of the Criminal Code of Republic of Serbia showed that legal reform is required because adequate legal protections cannot be provided to the victims of unauthorized publishing of deepfake pornography. The conclusion is that criminal legal intervention to the non-consensual pornographic deepfakes is necessary, because the creation and distribution of deepfake porn violates personal rights, social morals and public interest. Criminalizing such behavior would be primarily in the interest of protecting the rights of victims, although it is not expected to have a greater practical significance. Prohibition of making and online distribution of sexually explicit deepfake porn must be harmonized with the legal protection of privacy of digital services users and with proactive measures of cyber security.
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Małgorzata Szwejkowska. "In Search of Effective Methods of Prison Rehabilitation – An Example of the United States." Archives of Criminology, no. XL (September 16, 2018): 431–58. http://dx.doi.org/10.7420/ak2018j.
Повний текст джерелаАнотація:
In its introduction, the article characterises - in a most comprehensible way - themain objectives of criminal sanctions and their role in preventing crime, according tothe most commonly expressed opinions on the subject from American scholars. It isfollowed by a brief history of assessing the risk of committing an offence in the UnitedStates in recent decades. The risk assessment process was developed before World WarII as a tool to predict possible recidivism in the case of inmates released on parole, butit has been in more common use since 1980s. While the “What works?” movementinitially emerged in the United States, one needs to remember the publication of Robert Martinso’s report that created the “Nothing works” (concerning prison rehabilitation)doctrine. It aided the justification of severe changes in punitive prison policies inthe 1970s that continued well into the 1990s, with the slogans “tough on crime, toughon the causes of crime” being more prominent. It took more than a decade to reestablishsome hope in prison rehabilitation programmes and allow the paradigm shiftsto happen – from the retribution “being tough on offenders” policy to more creativeapproaches towards offenders. By constructive approaches to working with offenders,one means the use of effective methods and techniques to alter criminal behaviourof inmates to prevent their possible relapse into crime (crime prevention).The main goal of the article is to present the most fundamental system in the UScriminal justice system that is most commonly applied nowadays: the Risk-Need-Responsivity (RNR) model and its principles to offender assessment. The aforementionedprinciples were laid down by Canadian scholars, Donald Arthur Andrews andJames Bonta. In that model, “risk” means the identification of specific factors thatare associated with recidivism (in general, depending on a specific crime, e.g. sexualoffenders or offenders who committed violent crimes). Andrews and Bonta argue thata number of factors need to be considered in any comprehensive theory of criminalbehaviour, including biological or neurological issues, inheritance, temperamentand social and cultural factors, while also noting that criminal behaviour is a multifactorialissue. “Need” assesses criminogenic needs and targets them in prison treatmentprogrammes for elimination, while “responsivity” intends to maximise the offender’sability to learn how to combat possible recidivism through rehabilitative intervention,providing cognitive behavioural treatment – with the said intervention being tailoredto the learning style, motivation, abilities and strengths of the offender.Risk assessment is applied during different stages of the criminal procedure: beforesentencing and during the period of time when the criminal sanction is executed, i.e.while serving a custodial sentence. It must be noted that, in the US justice system, judgesare not the only people obliged to assess the potential risk of an offender relapsinginto crime in the future. Prison officers are also tasked with such assessment. Throughthe application of the RNR model, it is possible for the prison staff to divide inmatesinto specific groups, depending on security levels and adequate treatment programmes.In that case, the assessment tools based on the RNR model not only allow a predictionof a possible relapse into crime, but also a proper allocation of convicts to rehabilitationprogrammes provided within prisons. A convict undergoes an evaluation before andafter the treatment. Such evaluations are imposed on most prisoners, so performingthem does have an impact on the financial and human resources of a given penitentiaryunit.The most important question, “What works in prison?” is answered by the majorityof scholars through propositions of providing cognitive and behavioural skill programmesto the convicts. They have clear criteria to ensure that objectives, methods andapplication of rehabilitation programmes correspond with the needs of criminaloffenders. The conclusion of the research is meant to prove that providing offenders with such treatment (based upon the RNR model) may have a positive effect on re -ducing the risk of relapse into crime in the future. However, the appropriate methodsof treatment are based not only on psychotherapy (or, sometimes, on pharmacologicaltreatment), but also on education, vocational training, personal development, strengtheningself-control mechanisms and improving interpersonal skills.
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Vila, Bryan. "Human Nature and Crime Control: Improving the Feasibility of Nurturant Strategies." Politics and the Life Sciences 16, no. 1 (March 1997): 3–21. http://dx.doi.org/10.1017/s0730938400020153.
Повний текст джерелаАнотація:
The same evolutionary and ecological principles that organize our understanding of organisms and organic communities can be used to help understand criminal behavior and our responses to it. This approach suggests solutions for an important dilemma that confronts the United States. The dilemma is that preoccupation with problems such as gang violence, drug abuse, and street crime increasingly diverts resources and attention away from child development problems associated with the health, education, and welfare of young people. Just as a consensus is emerging about the importance of balancing traditional criminal justice system approaches to crime control with nurturant approaches that address child development concerns, child development program resources are dwindling. This dynamic is driven by a vicious cycle of media sensationalism, political expediency, and public impatience that encourages ineffective “quick fixes” for crime. An evolutionary ecological approach to crime control suggests ways to reverse this vicious cycle and increase the political, programmatic, and economic feasibility of child development programs.
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Maschi, Tina, and Dhweeja Dasarathy. "Aging With Mental Disorders in the Criminal Justice System: A Content Analysis of the Empirical Literature." International Journal of Offender Therapy and Comparative Criminology 63, no. 12 (May 8, 2019): 2103–37. http://dx.doi.org/10.1177/0306624x19843885.
Повний текст джерелаАнотація:
To fill a current gap in the literature on aging, mental health, and the criminal justice system, a content analysis of international peer-reviewed research studies was conducted. A comprehensive literature search was conducted to identify English language research studies published in 2018-19. Forty-four articles were located using keyword search terms, such as aging, mental health, and criminal justice. The methods and major findings were analyzed using deductive and inductive approaches. It was found that the majority of the research studies were conducted in the United States and England. The results of the inductive analyses revealed major themes related to mental health detection and access to services, comorbid conditions, and the relationship of age, mental health, criminal behavior, and the social determinants of mental health. Findings from this review have significant implications for advancing epidemiological research, practice, and policy, especially as it relates to the influence of the social determinants of health of aging on life course mental health and criminal justice involvement. Research findings about the correlates and consequences of the social determinants of health, especially as it relates to aging, mental health, and criminal justice involvement, can be used to inform prevention and intervention efforts that target the social determinants of life course health and criminal justice involvement. It also provides a comprehensive assessment of the m methods used in prior studies to help improve future studies in this important area of investigation.
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Davidson Mhonde, Rochelle, Breonna Riddick, Aayushi Hingle, Cameron Shaw, Danielle Rudes, Harold Pollack, John Schneider, Xiaoquan Zhao, and Faye S. Taxman. "“I Just Don’t Know What to Believe”: Sensemaking during the COVID-19 Pandemic among Criminal Legal Involved Communities." International Journal of Environmental Research and Public Health 19, no. 22 (November 15, 2022): 15045. http://dx.doi.org/10.3390/ijerph192215045.
Повний текст джерелаАнотація:
During the COVID-19 pandemic in the United States, those involved with the criminal legal system experience disproportionate vulnerability to infection, transmission, and mortality, facing additional systemic barriers due to criminal legal involvement (CLI) (e.g., prior incarcerations or probationary status affecting employability or housing security). We use Weick’s (1979) model of sensemaking as a theoretical framework to inform our examination of CLI individuals’ experiences during the pandemic. The primary objective of this paper is to explore the process of sensemaking amid misinformation, trust/mistrust, and vulnerability during the pandemic among CLI communities in three central states (Illinois, Louisiana, and Arkansas). We conducted seven online focus groups (n = 44), between December 2020 and January 2021, from the targeted communities about their awareness of misinformation, trusted or distrusted sources, attitudes about COVID-19 health behaviors (including testing, protective behaviors such as mask-wearing and social distancing, and vaccination), and experiences with the criminal legal system during the pandemic. The concept of equivocality was at the core of the narratives shared among participants, with uncertainty emerging as a meta-theme across all focus groups. The findings of this study should prove useful for those who are developing messaging to combat mis/disinformation and overcome mis/distrust with the medical system and government institutions among those who are disenfranchised.
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Baer, Andrew S. "The Men Who Lived Underground: The Chicago Police Torture Cases and the Problem of Measuring Police Violence, 1970-2016." Journal of Urban History 44, no. 2 (February 2, 2017): 262–77. http://dx.doi.org/10.1177/0096144217691770.
Повний текст джерелаАнотація:
Historical data on the use of force by police officers in the United States are unreliable or nonexistent. Available data, moreover, focus primarily on the behavior of patrolmen on the streets while neglecting violence by detectives during criminal investigations. Through an examination of a police torture scandal in Chicago from the early 1970s through the late 1990s, this article explains why violence during custodial interrogation often goes undocumented. In Chicago, the primary method of discovering, correcting, or preventing custodial abuse—pretrial motions to suppress statements—proved inadequate. By including the work of detectives, this article argues that a true measurement of police violence, impossible in practice, would likely be much higher than official data suggest.
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Degiorgio Worthy, Lisa. "Self-Reported Inmate Conduct." Prison Journal 97, no. 1 (December 15, 2016): 79–93. http://dx.doi.org/10.1177/0032885516679390.
Повний текст джерелаАнотація:
This article applies Walters’s criteria of dynamic factors in prison assessment to assess the predictive capabilities of the Prison Inmate Inventory (PII) in a sample of offenders from a southeastern state in the United States. Nested negative binomial regression was used, as well as ROC/AUC (receiver operating characteristics/area under the curve) to evaluate accuracy. The results show that beyond the effects of demographic and static variables, dynamic factors incrementally improved model fit and estimated counts of female inmates, non-White inmates, and inmates reporting more disciplinary actions and violent behavior. All PII scales demonstrated accuracy above .50; however, only two were within the range considered acceptable for criminal justice instruments. Practical implications have been discussed.