Asian Journal of Criminology最新文献

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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
Association Between Disabilities, Educational Attainment, Literacy, and Intimate Partner Violence: Findings from the Indian National Family Health Surveys 残疾、受教育程度、识字率和亲密伴侣暴力之间的关系:来自印度全国家庭健康调查的结果
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-11-02 DOI: 10.1007/s11417-022-09389-0
Cooper A. Maher, Brittany E. Hayes
{"title":"Association Between Disabilities, Educational Attainment, Literacy, and Intimate Partner Violence: Findings from the Indian National Family Health Surveys","authors":"Cooper A. Maher,&nbsp;Brittany E. Hayes","doi":"10.1007/s11417-022-09389-0","DOIUrl":"10.1007/s11417-022-09389-0","url":null,"abstract":"<div><h2>Abstract\u0000</h2><div><p>Intimate partner violence (IPV) is widespread across the Global South, including India, due to cultural and patriarchal norms that encourage and facilitate such behaviors. These include age at marriage, community- and individual-level encouragement of IPV, and limited access to education across the Global South, particularly for women. Despite this, little research has sought to disentangle the role that disabilities play in affecting women’s risk of IPV in India. The current study analyzes a sample of currently married women (<i>N</i> = 114,901) from the nationally representative 2015–2016 and 2019–2021 National Family Health Surveys (NFHS) to assess whether a relationship exists between these dimensions, while controlling for well-known IPV correlates, with physical IPV and controlling behaviors. Logistic regression analyses revealed that persons with cognitive/intellectual disabilities as well as blind respondents were more likely to experience physical IPV. Blind respondents were also more likely to experience controlling behavior. Further, findings indicate that those with no or some education were more likely to experience physical IPV relative to those with higher education. Findings from the current study demonstrate the need for IPV reduction policies to ensure that adequate accommodations are available to facilitate help-seeking behaviors among persons with disabilities. Tailored prevention policies are also needed which consider both context- and location-specific factors associated with risk.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 1","pages":"1 - 20"},"PeriodicalIF":1.9,"publicationDate":"2022-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09389-0.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10818951","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: 1
Continuation of Systemic Failures: from Cui Ning to Contemporary Wrongful Conviction Cases in China 制度失灵的延续:从崔宁到当代中国冤假错案
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-10-25 DOI: 10.1007/s11417-022-09388-1
Ming Hu, Bin Liang
{"title":"Continuation of Systemic Failures: from Cui Ning to Contemporary Wrongful Conviction Cases in China","authors":"Ming Hu,&nbsp;Bin Liang","doi":"10.1007/s11417-022-09388-1","DOIUrl":"10.1007/s11417-022-09388-1","url":null,"abstract":"<div><p>The wrongful conviction of Cui Ning is a famous short novel first recorded in the Song dynasty. It tells of a story about the wrongful conviction and execution of two innocent people, Cui Ning and madam Chen. In this study, we pay particular attention to systemic failures that led to the miscarriage of justice in this case, including presumption of guilt, use of torture, improper influence of public opinion, lack of effective defense rights and appeal procedures, and lack of checks and balances within the criminal justice system. We further examine continuation of these systemic failures in four contemporary wrongful conviction cases including Teng Xingshan (1987), She Xianglin (1994), Nie Shubin (1995), and Huugjilt (1996). The continuation of these systemic failures provides important lessons to China’s contemporary criminal justice system.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"75 - 94"},"PeriodicalIF":1.9,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43510181","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
Confession and the Crime Control Model: an Analysis of Exonerated Death Penalty Cases in China 认罪与犯罪控制模式:中国死刑无罪案例分析
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-10-25 DOI: 10.1007/s11417-022-09383-6
Hong Lu, Honglan Shuai, Yudu Li, Jianhong Liu, Bin Liang
{"title":"Confession and the Crime Control Model: an Analysis of Exonerated Death Penalty Cases in China","authors":"Hong Lu,&nbsp;Honglan Shuai,&nbsp;Yudu Li,&nbsp;Jianhong Liu,&nbsp;Bin Liang","doi":"10.1007/s11417-022-09383-6","DOIUrl":"10.1007/s11417-022-09383-6","url":null,"abstract":"<div><h2>Abstract </h2><div><p>Confessions clearly have probative value when they are truthful. When not, however, they may lead to disastrous consequences. While the due process model provides procedural safeguards to ensure the voluntariness of a confession, under the crime control model, the reliability of a confession is the main emphasis, given its truth-finding priority. Two forces coexisted in China in the past three decades that warrant a close examination of the nature and goal of confessions: the impact of “strike-hard” campaigns and political pressure to swiftly crack down on serious crimes and the growing international pressure on human rights protections and China’s steady progress in improving procedural safeguards for the criminally accused. Citing 103 wrongfully convicted death penalty cases in China from 1983 to 2012, this study examines two inter-related questions regarding coerced confessions: (1) the extent and characteristics of confessions and torture, and (2) the goal of extracting confessions through torture. This analysis sheds light on the myth of the truth-finding goal under the crime control model and discusses policy implications of China’s current confession laws and death penalty reforms.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"33 - 54"},"PeriodicalIF":1.9,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09383-6.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44066456","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
Introduction: Wrongful Convictions and Exonerations in Asia 导言:亚洲的错判与免责
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-10-24 DOI: 10.1007/s11417-022-09385-4
Hong Lu, Bin Liang
{"title":"Introduction: Wrongful Convictions and Exonerations in Asia","authors":"Hong Lu,&nbsp;Bin Liang","doi":"10.1007/s11417-022-09385-4","DOIUrl":"10.1007/s11417-022-09385-4","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"1 - 7"},"PeriodicalIF":1.9,"publicationDate":"2022-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44465277","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: 1
Review of David T. Johnson: The Culture of Capital Punishment in Japan 大卫·T·约翰逊:日本死刑文化述评
IF 1.9 4区 社会学
Asian Journal of Criminology Pub Date : 2022-10-15 DOI: 10.1007/s11417-022-09382-7
Bin Liang
{"title":"Review of David T. Johnson: The Culture of Capital Punishment in Japan","authors":"Bin Liang","doi":"10.1007/s11417-022-09382-7","DOIUrl":"10.1007/s11417-022-09382-7","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 1","pages":"75 - 77"},"PeriodicalIF":1.9,"publicationDate":"2022-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09382-7.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48180875","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
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