Lanying Huang, Chuen-Jim Sheu, Yi-Fen Lu, Yi-Chun Yu, Mark S. Umbreit
{"title":"Restorative Justice (XIU-FU-SHI-SI-FA) in Taiwan: Traditional Practices and Modern Developments","authors":"Lanying Huang, Chuen-Jim Sheu, Yi-Fen Lu, Yi-Chun Yu, Mark S. Umbreit","doi":"10.1007/s11417-022-09377-4","DOIUrl":"10.1007/s11417-022-09377-4","url":null,"abstract":"<div><h2>Abstract </h2><div><p>“Restorative Justice,” firstly a research concept and later a criminal justice practice, was introduced into Taiwan at the beginning of the twenty-first century. This paper reviews how RJ grounded in the Taiwanese district prosecutors’ offices and gradually grows into a grassroots social movement. We propose that the RJ advancement benefits from open-minded policymakers, dedicated academics, and innovative facilitators. The facilitators trained from 2011 to 2012 became key players to spread the RJ practices to other criminal justice sectors and beyond. In addition, the third wave of judicial reform further enabled the embedding of the RJ procedure in the Juvenile Justice Act, the Code of Criminal Justice Procedure, the Prison Act, and the Detention Act. We compare the discourse of RJ advocacy in the east and the west and address the importance of cultural sensitivity, terminology translation, and the meaning of localized practice. In conclusion, we reflect on the existing evaluation reports of the Taiwanese RJ model and provide recommendations for future development.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"189 - 208"},"PeriodicalIF":1.9,"publicationDate":"2022-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47362111","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}
{"title":"Victim Welfare, Social Harmony, and State Interests: Implementing Restorative Justice in Chinese Environmental Criminal Justice","authors":"Jize Jiang, Zhifeng Chen","doi":"10.1007/s11417-022-09376-5","DOIUrl":"10.1007/s11417-022-09376-5","url":null,"abstract":"<div><p>While there have been abundant studies on restorative justice (RJ) in China and across the globe, research has paid scant attention to the increasing incorporation of RJ into the framework of Chinese environmental criminal justice (ECJ) and its mounting prominence in handling ECJ cases. To broaden our understanding of RJ in China, this study empirically examines the forms, functions, and foundations of RJ ideals and practices manifested in contemporary Chinese legal responses to environmental crime. Drawing on various sources of qualitative data, we find that RJ in ECJ uses a state-led-and-coordinated network of community organizations and residents (including groups of environmental victims) to account for victim welfare, offenders’ new responsibilization, and public engagement. Furthermore, we argue, as a peculiar form of law’s responsiveness in the wake of China’s swift transition to modernity, RJ in Chinese ECJ works to reinforce the declining legitimacy of the authoritarian state and enhance decreasing trust in the state’s ability to govern. Implications for better understanding and implementing RJ within the ECJ field are also presented and discussed.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"171 - 188"},"PeriodicalIF":1.9,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42118681","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}
{"title":"Policing Child Protection: Motivational Postures of Contesting Third Parties","authors":"Valerie Braithwaite, Mary Ivec","doi":"10.1007/s11417-022-09374-7","DOIUrl":"10.1007/s11417-022-09374-7","url":null,"abstract":"<div><p>Child protection reform has been difficult, despite evidence that practice should be more child-centred, respectful and responsively inclusive of family and communities. An Australian survey of 387 third parties working with statutory child protection authorities revealed widespread support for reform, but significant opposition to child protection authorities. Only police aligned themselves with child protection authorities. Welfare and family workers were most likely to have defiant postures of resistance and disengagement and to criticize child protection authorities for their bureaucratic ritualism, poor accountability, low trustworthiness and social exclusion. Lawyers and special service providers shared some of these criticisms, while health and educational professionals remained neutral. System reform is likely to grind to a halt when essential third parties are adopting oppositional positions. Principle-led communities of practice that are multidisciplinary and community-inclusive may offer the best hope for cutting through reform gridlock and broadening and deepening capabilities.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"425 - 448"},"PeriodicalIF":1.9,"publicationDate":"2022-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09374-7.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49014197","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}
{"title":"Asian Criminology—Elaborating Its Concepts, Approach, Paradigm, and Future","authors":"Jianhong Liu","doi":"10.1007/s11417-022-09375-6","DOIUrl":"10.1007/s11417-022-09375-6","url":null,"abstract":"<div><h2>Abstract\u0000</h2><div><p>Criminologists have witnessed the significant growth of Asian Criminology since the establishment of the Asian Criminological Society. This paper reviews the development of Asian Criminology to answer key conceptual questions and clarify confusion and misunderstandings and their associated mistaken implications. The paper elaborates on the key concepts, mission, approach, and paradigm of Asian Criminology to further point out special opportunities provided by diverse contexts in Asia to enhance the discipline of criminology. It also discusses the approach for the future growth of criminology in Asia.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"391 - 399"},"PeriodicalIF":1.9,"publicationDate":"2022-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49560435","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}
{"title":"Review of Jeffrey T. Martin, Sentiment, Reason, and Law","authors":"Jianhua Xu","doi":"10.1007/s11417-022-09373-8","DOIUrl":"10.1007/s11417-022-09373-8","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"475 - 476"},"PeriodicalIF":1.9,"publicationDate":"2022-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46813412","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}
{"title":"Review of Sarah Brayne, Predict and Surveil: Data, Discretion, and the Future of Policing","authors":"Chen Shi","doi":"10.1007/s11417-022-09372-9","DOIUrl":"10.1007/s11417-022-09372-9","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"477 - 478"},"PeriodicalIF":1.9,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49257233","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}
Ming Hwa Ting, Xuexin Xu, Chi Meng Chu, Pierce Lai, Dongdong Li
{"title":"Understanding the Intergenerational Transmission of Criminal Justice Involvement: a Multi-birth-Cohort Study in Singapore","authors":"Ming Hwa Ting, Xuexin Xu, Chi Meng Chu, Pierce Lai, Dongdong Li","doi":"10.1007/s11417-022-09371-w","DOIUrl":"10.1007/s11417-022-09371-w","url":null,"abstract":"<div><p>This study aimed to ascertain the impact of parent’s criminal justice involvement on offspring’s contact with the criminal justice system in Singapore. It further analyzed how various aspects of parent’s criminal justice involvement influence the extent of the intergenerational transmission. Linked administrative data of five full birth cohorts (1965, 1970, 1975, 1980, 1985; <i>N</i> = 93,829) and their children were analyzed (<i>N</i><sub><i>children</i></sub> = 183,015). Restricted mean survival time (RMST) analyses were conducted, and results suggested that children whose parent had contact with the criminal justice system had fewer crime-free years compared to children whose parent did not have any criminal justice contact. In addition, the impact of paternal and maternal involvement with the criminal justice system was greater on daughters than sons; the impact of custodial sentences was greater than that of noncustodial sentences; and it was also found that a higher frequency of parent’s criminal justice involvement increased the likelihood of children’s contact with the criminal justice system. Intergenerational transmission of criminal justice involvement was observed in Singapore, and so the findings highlighted the importance of supporting families of offenders to disrupt the negative cycle of offending behavior.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"449 - 473"},"PeriodicalIF":1.9,"publicationDate":"2022-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09371-w.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45224617","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}
{"title":"Self-Control, Contextual Factors, and Delinquency: Assessing the Interactional Effects Among A Sample of Youth in Rural China","authors":"Xin Jiang, Xiaojin Chen","doi":"10.1007/s11417-022-09370-x","DOIUrl":"10.1007/s11417-022-09370-x","url":null,"abstract":"<div><h2>Abstract\u0000</h2><div><p>This study investigated the predictive strength of self-control relative to contextual factors in school, family, and peer groups and its interconnections with these factors in explaining adolescent delinquency among a Chinese population. Using data elicited from a survey of 587 Chinese students in 7th to 9th grades from rural areas in Guangdong Province of China, we found that self-control is an important predictor of delinquency. Moreover, contextual factors exert independent effects on delinquency with strength that rivals or exceeds that of self-control in a collectivistic cultural setting. Importantly, we found that the effects of self-control on delinquency are contingent upon contextual factors such as care-taking quality, bonding in school, and children’s involvement in unsupervised activities and association with delinquent peers. Overall, these findings shed light on the value of an integrative approach that accounts for independence and interconnection of individual and contextual mechanisms to address the complexity that self-control theory implies in cross-cultural settings.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"401 - 423"},"PeriodicalIF":1.9,"publicationDate":"2022-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50044155","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}
{"title":"Self-Control, Contextual Factors, and Delinquency: Assessing the Interactional Effects Among A Sample of Youth in Rural China","authors":"Xin Jiang, Xiaojin Chen","doi":"10.1007/s11417-022-09370-x","DOIUrl":"https://doi.org/10.1007/s11417-022-09370-x","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 1","pages":"401 - 423"},"PeriodicalIF":1.9,"publicationDate":"2022-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"52735354","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}
{"title":"Review of Björn Ahl, Chinese Courts and Criminal Procedure Post-2013 Reforms","authors":"Zhuozhen Duan","doi":"10.1007/s11417-022-09368-5","DOIUrl":"10.1007/s11417-022-09368-5","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 2","pages":"289 - 291"},"PeriodicalIF":1.9,"publicationDate":"2022-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50015841","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}