Asian Journal of Criminology最新文献_第4页

Rehabilitative Control and Penal Responsivity: Implementing Restraining Orders in Chinese Community Corrections 改造控制与刑罚回应：中国社区矫正中限制令的执行

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2024-03-07 DOI: 10.1007/s11417-024-09422-4

Jize Jiang

{"title":"Rehabilitative Control and Penal Responsivity: Implementing Restraining Orders in Chinese Community Corrections","authors":"Jize Jiang","doi":"10.1007/s11417-024-09422-4","DOIUrl":"10.1007/s11417-024-09422-4","url":null,"abstract":"<div><p>To facilitate effective community supervision to reduce recidivism, Chinese penal authorities have collectively adopted the policy of restraining orders (RO), which aim to monitor selected offenders and restrict their activities while serving their sentences. Despite the burgeoning literature on its normative underpinnings in the context of Chinese community corrections (CCC), research has yet to empirically examine how RO works in practice and what it implies for both CCC in particular and Chinese penalty in general. Drawing on observational and interview data from various actors involved in the implementation of RO, we show how restraining orders function beyond the ostensible objectives of strengthening surveillance and ensuring orderly communities. More importantly, RO policy works to screen out a particularly risky group of offenders for targeted control, either through individualized treatment or appropriate self-governance, which is subsequently framed as “rehabilitative control” in Chinese penal governance. The evidence further reveals that while RO implementation is responsive to victims’ needs and mobilizes community actors, it symbolizes a modernist approach to Chinese social control described as “penal responsivity.” The use of ROs within the CCC to actually govern specific offenders (rather than merely as a tool of strict supervision) suggests emerging ends of Chinese justice that are increasingly geared toward collective interests, social harmony, and community stability, and that is, above all, directed by the Party-state.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"19 2","pages":"183 - 202"},"PeriodicalIF":1.8,"publicationDate":"2024-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140077384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Relationism Theory of Criminal Justice—A Paradigm Shift 关系主义刑事司法理论--范式的转变

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2024-03-06 DOI: 10.1007/s11417-024-09419-z

Jianhong Liu

引用次数: 0

Fragmentation of Criminology: A Challenge or a Chance? 犯罪学的分裂：挑战还是机遇？

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2024-03-05 DOI: 10.1007/s11417-024-09420-6

Mehrdad Rayejian Asli

引用次数: 0

Gender Differences in Occupational Attitudes Among Chinese Judges 中国法官职业态度的性别差异

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2024-02-22 DOI: 10.1007/s11417-024-09418-0

Wei Wang, Ivan Y. Sun, Yao Ding, Susan L. Miller

引用次数: 0

Predicting Police Integrity: An Application of Support Vector Machines (SVM) to the Police Integrity Instrument 预测警察廉正：支持向量机 (SVM) 在警察廉政工具中的应用

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2024-02-14 DOI: 10.1007/s11417-024-09417-1

David A. Makin, Guangzhen Wu, Matthew Broussard, Bala Krishnamoorthy

引用次数: 0

Examining the Fairness of Criminal Judicial Procedures in China: a Quantitative Analysis of the Influential Factors in the Application of Technical Investigations in Drug-related Cases 试论中国刑事司法程序的公正性：对涉毒案件适用技术侦查影响因素的定量分析

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2024-02-06 DOI: 10.1007/s11417-024-09416-2

Zhengfa Zi, Pengfei Zhang, Qiannan Liu, Lening Zhang

{"title":"Examining the Fairness of Criminal Judicial Procedures in China: a Quantitative Analysis of the Influential Factors in the Application of Technical Investigations in Drug-related Cases","authors":"Zhengfa Zi, Pengfei Zhang, Qiannan Liu, Lening Zhang","doi":"10.1007/s11417-024-09416-2","DOIUrl":"10.1007/s11417-024-09416-2","url":null,"abstract":"<div><p>Amidst concerns from both Chinese and Anglo-American scholars regarding the deployment of technical investigative measures, questions have emerged about their potential misuse and the resulting impact on judicial procedure fairness, which encompasses procedural participation, equality, transparency, rationality, timeliness, and finality. This study explores procedural fairness issues in China’s criminal justice system by focusing on applying technical investigative measures in drug-related cases. We have gathered a sample of 800 verdicts of drug-related criminal cases with 1134 defendants from China Judgments Online. Employing logistic regression analysis, we investigated the influence of extra-legal and legal factors on applying technical investigative measures. Our research reveals that these factors significantly impact the utilization of technical investigative measures. Variables such as the defendant’s occupation, education, domicile, and ethnicity substantially influence the decision to deploy technical investigations. Furthermore, factors like the defendant’s crime type, severity, involvement in co-offending, and prior criminal records also affect the application of these measures. The results indicate that investigative agencies consider certain extra-legal factors when applying technical investigative measures that may result in potential misuse and consequently may affect the fairness of China’s judicial procedures. This study holds significant potential to inform and catalyze reforms within China’s criminal justice system.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"19 1","pages":"51 - 67"},"PeriodicalIF":1.8,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139860768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Sentencing Discrimination and Disparities in Bribery Cases in Malaysia: an Assessment 马来西亚贿赂案件中的量刑歧视和差异：一项评估

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2023-12-01 DOI: 10.1007/s11417-023-09415-9

Christine Siew Pyng Chong, Suresh Narayanan, Andrew K. G. Tan

{"title":"Sentencing Discrimination and Disparities in Bribery Cases in Malaysia: an Assessment","authors":"Christine Siew Pyng Chong, Suresh Narayanan, Andrew K. G. Tan","doi":"10.1007/s11417-023-09415-9","DOIUrl":"10.1007/s11417-023-09415-9","url":null,"abstract":"<p>Sentencing differences can arise from discriminatory sentences and sentence disparities. Only the former has been examined in Malaysia. This study addresses the gap using data on convicted bribe offenders between 2010 and 2021. Results show that while discriminatory sentencing arising from non-legal considerations exists, their effects on fines and imprisonment were not always uniform or in the same direction. Only being male unequivocally disadvantaged the offender. Professionals and whitecollar offenders paid higher fines, government servants and bribe solicitors served longer jail sentences, Malay judges handed out longer jail terms than their non-Malay counterparts, and the year 2021 was characterized by shorter jail terms relative to other periods. In the case of sentencing disparities, all differences are attributable to judicial discretion, exercised correctly or otherwise. Of greater concern, however, is the significant negative association between the severity of penalties imposed (fines and imprisonment) and the amount of corrupt money misappropriated. This seriously undermines the deterrent effect and fairness of the judicial system. Findings also suggest that the conclusion of a previous study that bribery offenders in Malaysia receive preferential treatment based on their social, political, and personal characteristics is not only sweeping but inaccurate and has to be modified.</p>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"19 1","pages":"27 - 49"},"PeriodicalIF":1.8,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138627256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Stability or Change in Age-Crime Relation in Taiwan, 1980–2019: Age-Period-Cohort Assessment 1980-2019 年台湾年龄与犯罪关系的稳定或变化：年龄-时期-队列评估

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2023-11-29 DOI: 10.1007/s11417-023-09412-y

Yunmei Lu, Darrell Steffensmeier

{"title":"Stability or Change in Age-Crime Relation in Taiwan, 1980–2019: Age-Period-Cohort Assessment","authors":"Yunmei Lu, Darrell Steffensmeier","doi":"10.1007/s11417-023-09412-y","DOIUrl":"10.1007/s11417-023-09412-y","url":null,"abstract":"<div><p>In this study, we use 1980–2019 longitudinal age-arrest data from Taiwan and applied the age-period-cohort-interaction (APC-I) model (Luo & Hodges, 2022) to examine the stability or change in the age-arrest distributions across five offenses. We focus on two research questions: (1) whether the shape of age-arrest curves in Taiwan diverges from the Hirschi and Gottfredson’s (HG) invariant premise after accounting for period and cohort effects; and (2) whether any observed period or cohort effects on age patterns vary depending on offense type. Findings indicate overall consistency in the shape of Taiwan’s age-arrest distributions after adjusting for period and cohort effects, which are characterized by relatively older peak ages and symmetrical spread-out distributions that diverge considerably from HG’s invariant projection and prototypical US age-arrest patterns. In addition, we find that period effects have contributed to higher arrest rates in recent years, and cohort effects have impacted somewhat the shape of Taiwan’s age-arrest distributions. These findings, along with recent cross-sectional evidence from Taiwan, South Korea, and India (Steffensmeier et al., 2017; 2019; 2020), further confirm that the aggregate age-crime relationship is robustly influenced by country-specific processes and historical and social transformations.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 4","pages":"433 - 458"},"PeriodicalIF":1.8,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139214979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Correction to: Application of Situational Action Theory in Japan Using Vignette Survey 更正：利用小插图调查在日本应用情境行动理论

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2023-11-24 DOI: 10.1007/s11417-023-09414-w

Kyoko Fujino

引用次数: 0

The Spatial Dimension of Police Legitimacy: An Exploration of Two Pacific Island States 警察合法性的空间维度：对两个太平洋岛国的探索

IF 1.8 4区社会学

Asian Journal of Criminology Pub Date : 2023-11-02 DOI: 10.1007/s11417-023-09413-x

Tyler Cawthray, Melissa Bull

{"title":"The Spatial Dimension of Police Legitimacy: An Exploration of Two Pacific Island States","authors":"Tyler Cawthray, Melissa Bull","doi":"10.1007/s11417-023-09413-x","DOIUrl":"10.1007/s11417-023-09413-x","url":null,"abstract":"<div><p>The police legitimacy literature is grounded predominantly in studies from the Global North. In these contexts, technology and economic resources allow policing institutions to exercise significant reach in ways that mitigate the challenges to service delivery posed by distance and geography while the bureaucratic state relationally distances these same institutions from the public. This scholarship tends to take these governmental ‘fixes’ as given. In Global South contexts, these fixes are less reliable. The complexities of policing in dispersed states—rural, remote, and island—are frequently mentioned within scholarship. However, the question of how spatial relations impact police legitimacy and services largely remains a passing concern. In this paper, we argue that in the Global South, spatial relations are important elements contributing to police legitimacy. This argument is made by reframing the rural and remote policing literature to explore how spatial archipelagic features influence how policing by the state occurs. This work is used as our analytical scaffold in two case studies of the Solomon Islands and Tonga that illustrate how space influences local views of police. We argue that space is a key contextual characteristic that needs to be considered within future police legitimacy research and theorisation.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 4","pages":"459 - 478"},"PeriodicalIF":1.8,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-023-09413-x.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135932970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0