Asian Journal of Criminology最新文献

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Cyber Victimisation, Restorative Justice and Victim-Offender Panels 网络受害者,恢复性司法和受害者-罪犯小组
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2023-02-17 DOI: 10.1007/s11417-023-09396-9
Teresa Lancry A. S. Robalo, Razwana Begum Bt Abdul Rahim
{"title":"Cyber Victimisation, Restorative Justice and Victim-Offender Panels","authors":"Teresa Lancry A. S. Robalo,&nbsp;Razwana Begum Bt Abdul Rahim","doi":"10.1007/s11417-023-09396-9","DOIUrl":"10.1007/s11417-023-09396-9","url":null,"abstract":"<div><p>In recent years, individuals study and work from home with some degree of normality. Technology and the Internet have become an essential part of life. This increased reliance on technology and constant engagement with the online world has its negative repercussions. However, it has increased the number of offenders involved in cybercrimes. Considering the aftermath of cybercrimes and the need to address the impact of cybercrimes on victims, this paper reviews the existing mechanisms, such as legislation, international frameworks and conventions. The main purpose of this paper resides in the discussion of the possible use of restorative justice in supporting the needs of the victims. Taking into consideration the cross-border nature of many of these offences, other solutions have to be considered in order to give the victims a chance to be heard and to heal the wounds caused by the crime. This paper argues for the use of victim-offender panels, which are meetings between a group of cyber victims and a group of convicted cyber offenders, allowing victims to express the harm caused by the crime, to be healed and giving room for the offenders to feel remorse, lessening thus the likelihood of recidivism, under the umbrella of reintegrative shaming.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 1","pages":"61 - 74"},"PeriodicalIF":1.9,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-023-09396-9.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10835928","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: 2
The Effects of Wartime on Discrimination in the Punishment of Arab vs. Jewish Defendants in the Israeli Criminal Law System 战争对以色列刑法体系中阿拉伯人与犹太人被告刑罚歧视的影响
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2023-02-13 DOI: 10.1007/s11417-023-09395-w
Tomer Einat, Sharon Toys
{"title":"The Effects of Wartime on Discrimination in the Punishment of Arab vs. Jewish Defendants in the Israeli Criminal Law System","authors":"Tomer Einat,&nbsp;Sharon Toys","doi":"10.1007/s11417-023-09395-w","DOIUrl":"10.1007/s11417-023-09395-w","url":null,"abstract":"<div><p>The present article follows upon a previous one dealing with the discrimination of Arab defendants in Israel. If focuses on the effect of wartime on this discrimination by analyzing the acceptance or rejection of requests on behalf of Jewish compared to Arab defendants to revoke convictions in misdemeanors by Israeli magistrate courts in the past 20 years, as a function of periods of heightened hostilities and the judges’ ethnicity. The findings contradict those of the few and outdated studies conducted in the West, by pointing to the lack of influence of wartime situations, regardless of the judges’ or the defendants’ ethnicity. The conclusion is that particular periods of heightened hostilities do not affect the punitive policy against ethnic minorities in a country that consistently discriminates such minorities and is constantly engaged in war or violent conflict.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 1","pages":"43 - 60"},"PeriodicalIF":1.9,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43163847","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
Review of Lening Zhang, Neighborhood Organization and Social Control in Changing Urban China – A Cross-Cultural Perspective 张乐宁、城市变迁中的邻里组织与社会控制——跨文化视角
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2023-02-03 DOI: 10.1007/s11417-023-09394-x
Dan He
{"title":"Review of Lening Zhang,\u0000 Neighborhood Organization and Social Control in Changing Urban China – A Cross-Cultural Perspective","authors":"Dan He","doi":"10.1007/s11417-023-09394-x","DOIUrl":"10.1007/s11417-023-09394-x","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 3","pages":"349 - 351"},"PeriodicalIF":1.9,"publicationDate":"2023-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47849228","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
Review of Adam K. Ghazi-Tehrani and Henry N. Pontell, Wayward Dragon: White-Collar and Corporate Crime in China Adam K.Ghazi Tehrani和Henry N.Pontell《任性的龙:白领与中国的公司犯罪》述评
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2023-01-13 DOI: 10.1007/s11417-023-09393-y
Mengliang Dai
{"title":"Review of Adam K. Ghazi-Tehrani and Henry N. Pontell, Wayward Dragon: White-Collar and Corporate Crime in China","authors":"Mengliang Dai","doi":"10.1007/s11417-023-09393-y","DOIUrl":"10.1007/s11417-023-09393-y","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 1","pages":"79 - 81"},"PeriodicalIF":1.9,"publicationDate":"2023-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46844848","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: 2
Unpacking Shame and Confucian Relationalism in Taiwanese Restorative Justice 台湾恢复性司法的解耻与儒家关系论
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-11-21 DOI: 10.1007/s11417-022-09392-5
Reynol Hsueh-Hung Cheng, Meredith Rossner
{"title":"Unpacking Shame and Confucian Relationalism in Taiwanese Restorative Justice","authors":"Reynol Hsueh-Hung Cheng,&nbsp;Meredith Rossner","doi":"10.1007/s11417-022-09392-5","DOIUrl":"10.1007/s11417-022-09392-5","url":null,"abstract":"<div><h2>Abstract\u0000</h2><div><p>While Braithwaite’s Reintegrative Shaming Theory is the basis of restorative justice policy in Taiwan, little research has been conducted to understand how the theory and its rationale are integrated into restorative practice in Taiwanese juvenile justice. The unique political and cultural context Taiwan, including its embrace of Confucian relationalism, presents an opportunity to refine our understanding of how shame may operate in restorative justice encounters. Based on a review of restorative justice programmes in Taiwanese juvenile justice, governmental documents, and academic scholarship, this paper will explore the work of shame in Taiwanese restorative justice, focusing on the unique characteristics of shaming in the context of Confucian relationalism. We then propose a framework that links shame, relationalism, and transformation, which can help understand the practice of restorative justice within Taiwanese juvenile justice. This framework can be beneficial to the future development of restorative justice theory and practice in Confucian relationalistic societies and beyond.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"209 - 230"},"PeriodicalIF":1.9,"publicationDate":"2022-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45210577","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
Social Context and the Static and Dynamic Age–Crime Relationship in the Republic of Korea 社会语境与韩国的静态与动态年龄-犯罪关系
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-11-14 DOI: 10.1007/s11417-022-09391-6
Byunggu Kang, David M. Hureau
{"title":"Social Context and the Static and Dynamic Age–Crime Relationship in the Republic of Korea","authors":"Byunggu Kang,&nbsp;David M. Hureau","doi":"10.1007/s11417-022-09391-6","DOIUrl":"10.1007/s11417-022-09391-6","url":null,"abstract":"<div><p>The age–crime curve has been regarded as a stylized fact of the age–crime relationship. However, recent studies have found that some Asian countries have an age–crime distribution that deviates from the archetypal age–crime curve. This variation has been attributed to cultural factors associated with age effects. Using age-specific arrest data from Korea for the years 1976 through 2019, this study offers a complementary explanation of divergent age–crime patterns across countries. We make an empirical case that the observed difference between the Korean age–crime distribution and the archetypical age–crime curve in Western countries cannot be due to contextual influence on age effects alone. The age–crime relationship in Korea shows both static and dynamic characteristics. The age–period–cohort analysis of variance shows that age effects largely explain the age–crime relationship, but period and cohort effects also explain the change in the age–crime relationship over time. Moreover, the extent to which each effect manifests depends on the type of crime. Based on our findings, we propose hypotheses regarding the role of social context in shaping each effect. We suggest that cultural factors largely shaped age effects by creating age-graded changes in the social control mechanism and in routine activities. In addition, we suggest that other contextual factors, such as population dynamics, simultaneously shaped period and cohort effects by changing the level of social control, and routine activities across birth cohorts. Both cultural and historical dimensions of social context are required to understand divergent age–crime patterns across countries.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 1","pages":"21 - 41"},"PeriodicalIF":1.9,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41839753","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
Hostage Justice and Wrongful Convictions in Japan 日本的人质司法与错判
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-11-05 DOI: 10.1007/s11417-022-09384-5
David T. Johnson
{"title":"Hostage Justice and Wrongful Convictions in Japan","authors":"David T. Johnson","doi":"10.1007/s11417-022-09384-5","DOIUrl":"10.1007/s11417-022-09384-5","url":null,"abstract":"<div><p>Few people convicted of crime have been exonerated in Japan, leading some commentators to claim that the country does not have a problem with wrongful convictions. But this view is mistaken. Japan’s wrongful conviction problem is probably much larger than it appears. Criminal suspects in Japan have a duty to receive interrogation even after they have invoked their right to silence, leading to long and intense questioning that can overbear their will. On average, interrogations in Japan last 30 to 50 times longer than interrogations in the USA. Japan also detains many suspects who do not confess, and restricts their meetings with family and friends, thereby raising the risk of false confession and wrongful conviction. This system of Hostage Justice is enabled by Japanese law and by Japanese courts especially. Japan needs to tame its interrogation practices, which will continue to produce high risks of false confession until its judiciary acknowledges that it is dangerous to permit police and prosecutors to question suspects for dozens or hundreds of hours.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"9 - 32"},"PeriodicalIF":1.9,"publicationDate":"2022-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43135965","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
State Compensation of Exonerees in Capital Cases: the Chinese Experience 死刑案件中被驱逐者的国家赔偿:中国经验
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-11-05 DOI: 10.1007/s11417-022-09387-2
Moulin Xiong, Aoqi Zheng
{"title":"State Compensation of Exonerees in Capital Cases: the Chinese Experience","authors":"Moulin Xiong,&nbsp;Aoqi Zheng","doi":"10.1007/s11417-022-09387-2","DOIUrl":"10.1007/s11417-022-09387-2","url":null,"abstract":"<div><p>In 1994, China passed its first State Compensation Law (SCL) for wrongfully convicted individuals who can file claims for loss of life or freedom, physical injury, and property loss due to illegal state actions in administrative and criminal cases. The 2010 amended SCL added mental damage compensation and mandated and prioritized a negotiation procedure. The current study used 144 capital exonerees to examine whether and how state compensation was claimed by and/or awarded to these exonerees in China. Our analyses revealed that almost all of the state compensation claims received compensation, and the amount claimed and the amount awarded had increased exponentially over time. In addition, after mental damage compensation was permitted in 2010, capital exonerees had successfully obtained such awards. However, despite of the increased compensation amounts over the years, the winning rates across almost all categories (e.g., mental damage, life/physical injury claims) decreased over time, and the standard of national daily average salary played a more important role on the increased amounts claimed and awarded than the SCL based on results of multivariate analyses. Policy recommendations were discussed to help improve the state compensation system in China.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"121 - 145"},"PeriodicalIF":1.9,"publicationDate":"2022-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09387-2.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47279347","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
Understanding Causes for Wrongful Convictions in Vietnam: a View from the Top and the Bottom of the Iceberg 了解越南误判的原因:从冰山的顶部和底部看
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-11-04 DOI: 10.1007/s11417-022-09390-7
Lan Chi Le, Yen Hai Hoang, Hang Thanh Bui, Duc Quang Nguyen, Son Thanh Mai, Hai Thanh Luong
{"title":"Understanding Causes for Wrongful Convictions in Vietnam: a View from the Top and the Bottom of the Iceberg","authors":"Lan Chi Le,&nbsp;Yen Hai Hoang,&nbsp;Hang Thanh Bui,&nbsp;Duc Quang Nguyen,&nbsp;Son Thanh Mai,&nbsp;Hai Thanh Luong","doi":"10.1007/s11417-022-09390-7","DOIUrl":"10.1007/s11417-022-09390-7","url":null,"abstract":"<div><p>Wrongful convictions have severe consequences and effects on the values, dignity, and self-esteem of the innocent and their beloved ones. While Vietnam is implementing the rule of law to ensure the protection of citizens’ fundamental rights, recent and serious wrongful conviction cases suggest a need to enhance the effectiveness and credibility of criminal justice reform. Using several cases for examples from Vietnam, this study examines two levels of factors that contribute to wrongful convictions: (i) the acknowledged causes (the top of the iceberg) and (ii) the hidden roots (beneath the surface). In addition, we compare the case of Vietnam to the findings from other Asian nations, notably those of East Asia. We conclude that the causes for wrongful convictions are embedded in the criminal justice process and culture, and eradication of wrongful convictions requires careful planning and innovative reforms that address the root causes of the problems. Relevant policy and practical recommendations are offered to deal with the factors leading to wrongful convictions in Vietnam.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"55 - 73"},"PeriodicalIF":1.9,"publicationDate":"2022-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09390-7.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41457471","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: 2
Public and Professionals’ Perceptions of Wrongful Convictions in Pakistan: Scale Development and Validation 巴基斯坦公众和专业人士对错误定罪的看法:规模发展和验证
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-11-02 DOI: 10.1007/s11417-022-09386-3
Sughra Bibi, Asif Khan, Le Cheng, Suhail Shahzad, Arshad Nawaz Khan
{"title":"Public and Professionals’ Perceptions of Wrongful Convictions in Pakistan: Scale Development and Validation","authors":"Sughra Bibi,&nbsp;Asif Khan,&nbsp;Le Cheng,&nbsp;Suhail Shahzad,&nbsp;Arshad Nawaz Khan","doi":"10.1007/s11417-022-09386-3","DOIUrl":"10.1007/s11417-022-09386-3","url":null,"abstract":"<div><p>Wrongful convictions (WC) have been widely studied in law and social sciences, yet, previous research lacks a clear conceptualization and rigorous scientific measurement scale to measure stakeholders’ WC perceptions. Given the significance of stakeholders’ perceptions in influencing policy reforms and transforming the criminal justice system, developing such a measurement scale offers an effective tool to comprehensively understand the relationship between WC and criminal justice system errors/misconduct and guide policymaking. In this study, based on samples of multiple stakeholders in Pakistan, we adopted qualitative and quantitative techniques for WC perception scale development and empirical testing. The results indicated that WC in the criminal justice system context consists of six dimensions, including perceptions of errors and misconduct by the police, prosecutor, judiciary, defense attorney, eyewitness, and forensics. The resulting WC perception measurement scale demonstrated an acceptable level of reliability and validity. The WC perception latent construct with the six resultant dimensions was tested with a structural equation model to assess the association of each perceived sub-construct with WC perception. The findings indicated that the legal professionals, policymakers, and the general public tend to believe that the prosecutors’ and police errors and misconduct are the prime reasons for WC in Pakistan. This study also provides theoretical and practical implications for future studies in relevant fields.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"95 - 120"},"PeriodicalIF":1.9,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49238731","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
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