Criminal Justice Ethics最新文献_第3页

Vigilantism and Trust in the System 警惕主义和对制度的信任

Criminal Justice Ethics Pub Date : 2023-01-02 DOI: 10.1080/0731129X.2023.2170866

Travis Dumsday

引用次数: 0

Applying the Imminence Requirement to Police 在警察中应用即时性要求

Criminal Justice Ethics Pub Date : 2023-01-02 DOI: 10.1080/0731129X.2023.2187188

B. Jones

引用次数: 1

Drug Wars, Drug Violence, and Drug Addiction in the Americas 美洲的毒品战争、毒品暴力和毒瘾

Criminal Justice Ethics Pub Date : 2023-01-02 DOI: 10.1080/0731129X.2023.2170659

D. Courtwright

引用次数: 0

What is Fundamental in Criminal Law? 什么是刑法的基础?

Criminal Justice Ethics Pub Date : 2022-09-02 DOI: 10.1080/0731129X.2022.2144059

Garrath Williams

{"title":"What is Fundamental in Criminal Law?","authors":"Garrath Williams","doi":"10.1080/0731129X.2022.2144059","DOIUrl":"https://doi.org/10.1080/0731129X.2022.2144059","url":null,"abstract":"This lengthy, masterful monograph follows Simester’s previous joint book with Andreas von Hirsch. Crimes, Harms, and Wrongs focussed on the activities states should criminalize. Resisting “unified, grand theory,” it argued that criminal activities must combine two features: First, they must be wrongful. Second, they must be related to harm—activities need not be directly harmful, but their prohibition must prevent significant harm. Like the previous book, Fundamentals of Criminal Law holds that law is a “multi-function tool” (3). Criminal law prevents wrongs and harms; it communicates the gravity of these wrongs; it interrogates and tries suspects; it labels the guilty and imposes penalties on them. As the previous book stressed, criminal law has a distinctively moral aspect. “Whether in preventive or punitive mode, the criminal law speaks with a moral voice” (4). Those convicted are subject to “official moral condemnation” (7). But this point is logically secondary. Above all, criminal law issues moral prohibitions (72). In other words, Simester’s general approach has three features. It is instrumentalist—criminal law should be understood in terms of the functions it serves. It is pluralistic—there is no overarching function or unified theory. Not least, it claims to be deontological—the prohibition, condemnation and punishment of serious wrongs represent important functions in their own right (9). Given the previous work, Fundamentals of Criminal Law assumes that states should criminalize some activities, and instead focusses on the conditions which someone must meet, to merit the condemnation and sanctions associated with criminal conviction. The book thus concerns what legal theorists call “the general part” of criminal law—its “broad structure of responsibility, culpability, and wrongdoing” (11). This structure is","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45703015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Vanishing Promise of Police Reform 警察改革的希望正在消失

Criminal Justice Ethics Pub Date : 2022-09-02 DOI: 10.1080/0731129X.2022.2144058

C. Morrison

引用次数: 0

“Stand Your Ground”: A Clarification “坚持你的立场”:澄清

Criminal Justice Ethics Pub Date : 2022-09-02 DOI: 10.1080/0731129X.2022.2143647

P. Toner

引用次数: 0

False Reporting in the Norwegian Police: Analyzing Counter-productive Elements in Performance Management Systems 挪威警方的虚假报告：绩效管理体系中的反生产因素分析

Criminal Justice Ethics Pub Date : 2022-09-02 DOI: 10.1080/0731129X.2022.2146321

Helene O. I. Gundhus, Olav Niri Talberg, C. T. Wathne

{"title":"False Reporting in the Norwegian Police: Analyzing Counter-productive Elements in Performance Management Systems","authors":"Helene O. I. Gundhus, Olav Niri Talberg, C. T. Wathne","doi":"10.1080/0731129X.2022.2146321","DOIUrl":"https://doi.org/10.1080/0731129X.2022.2146321","url":null,"abstract":"Despite the growing body of work exploring the weaknesses of police performance systems and the displacement of their goals, less attention has been given to why police officers resist and circumvent by false reporting. Whether police report honestly on their activities is a matter of considerable significance given the role that police have in a broadly democratic society, and the overall question is whether the false reporting undermines the integrity of the police or if it is a collective coping strategy that safeguards the police ethos? This survey reveals that 25% of respondents (n = 2248) had manipulated the numbers at least once in the previous year. To identify why they did so, the variables selected for analysis are those determining their view of the Management by Objective (MBO) system, how far they have participated in the MBO process and how often they are unable to assist a member of the public. Our results show that men are more likely to manipulate the numbers than women and non-leaders are more likely to do so than leaders. Respondents were more likely to submit false reports if they had not participated in the MBO process, were not motivated by MBO goals, believed the MBO indicators misdirected their focus and frequently felt that they were forced to reject members of the public they would like to help. Our findings further show that public servants can be corrupted, though they do not “bring” vices to work with them, but rather acquire vices through what is required of them.","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42690330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Can a Machine Sentence Justly? 机器能公正地宣判吗？

Criminal Justice Ethics Pub Date : 2022-09-02 DOI: 10.1080/0731129X.2022.2136867

Aziz Z Huq

{"title":"Can a Machine Sentence Justly?","authors":"Aziz Z Huq","doi":"10.1080/0731129X.2022.2136867","DOIUrl":"https://doi.org/10.1080/0731129X.2022.2136867","url":null,"abstract":"Jesper Ryberg and Julian Roberts teach ethics and criminology at Roskilde University and the University of Oxford respectively. In Sentencing and Artificial Intelligence, they have curated a powerful and compelling collection of essays on the application of a new technology to an old problem. Their edited volume focuses on the application of predictive computational tools, often called “artificial intelligence” (AI) or “machine learning,” to the task of determining the punishment that a convicted offender will receive. As their professional orientations might lead one to expect, their book focuses on normative rather than empirical or technical questions. The resulting essays, written by scholars from the United States, Canada, the United Kingdom, and the European Union (but not the Global South), do not advance a single thesis or follow a singular argumentative thread. They instead engage with in interrelated suite of normative questions. These include due process (or the procedural obligations owed by the state to individuals); non-discrimination entitlements; and the defendant’s claims to an “accurate” judgment (so far as facts go) or the opportunity to call for “mercy” in the exercise of sentencing-related discretion. All of these issues, as I shall discuss below, are addressed at what we might call a “mid-level” of generality—i.e. by taking as the object of study institutions and practices at a certain level of abstraction. This decision results in discussion generic enough to be located in any one of a number Western European or North American jurisdictions, whether guided by civil or common law. Indeed, it is quite striking that the reader does not encounter much by way of a case study or a specific description of AI-driven sentencing for the first sixty pages of the book. When specific tools are discussed, moreover, details are also scant. For Aziz Z. Huq is Professor at the University of Chicago Law School, Chicago, IL, USA. Email: huq@uchicago.edu Criminal Justice Ethics, 2022 Vol. 41, No. 3, 268–277, https://doi.org/10.1080/0731129X.2022.2136867","PeriodicalId":35931,"journal":{"name":"Criminal Justice Ethics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44988750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Quasi-Universal Forensic DNA Databases 准通用法医DNA数据库

Criminal Justice Ethics Pub Date : 2022-09-02 DOI: 10.1080/0731129X.2022.2141021

Seumas Miller, Marcus Smith

引用次数: 2

The Elusive Concept of Dangerousness: The State of the Art in Criminal Legal Theory and the Necessity of Further Research 难以捉摸的危险概念:刑法理论的发展现状及进一步研究的必要性

Criminal Justice Ethics Pub Date : 2022-05-04 DOI: 10.1080/0731129X.2022.2102837

Max de Vries, J. Bijlsma

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引用次数: 1