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International Journal of Law Crime and Justice最新文献

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Effects of bounded rationality on prosecutorial decision making: Analysis of penalties on corporate fraud violators 有限理性对检察决策的影响:对企业欺诈行为的处罚分析
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-11-23 DOI: 10.1016/j.ijlcj.2023.100634
Claire Nolasco Braaten , Lily Chi-Fang Tsai
{"title":"Effects of bounded rationality on prosecutorial decision making: Analysis of penalties on corporate fraud violators","authors":"Claire Nolasco Braaten ,&nbsp;Lily Chi-Fang Tsai","doi":"10.1016/j.ijlcj.2023.100634","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100634","url":null,"abstract":"<div><p>Our study analyzes data from the Corporate Prosecution Registry of the University of Virginia School of Law and Duke University School of Law. This registry provides information on federal organizational prosecutions in the United States, including detailed information about every federal organizational prosecution since 2001, as well as deferred and non-prosecution agreements with organizations since 1990. We examine a subset of corporate violators, namely those who allegedly committed five types of fraud, namely, accounting fraud, mail fraud and wire fraud prosecutions, health care fraud, securities fraud, and tax fraud. We utilize the framework of bounded rationality of decision making to hypothesize that prosecutors are influenced by internal and external factors that affect the total penalties ultimately levied on corporate violators. Specifically, our results indicate that corporate penalties are significantly more likely to be lower when U.S. Department of Justice sections are involved in the prosecution and the company's country of incorporation has a Free Trade Agreement with the U.S. but significantly more likely to be higher when the violator is a U.S. public company.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"76 ","pages":"Article 100634"},"PeriodicalIF":1.1,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.sciencedirect.com/science/article/pii/S1756061623000605/pdfft?md5=9dee8711a22c0f2979078f4589161491&pid=1-s2.0-S1756061623000605-main.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138430620","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
“I just took the beating”: Indigenous peoples’ experiences with police use of force “我只是挨了一顿”：土著人民在警察使用武力方面的经历
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-10-08 DOI: 10.1016/j.ijlcj.2023.100630
Erick Laming
{"title":"“I just took the beating”: Indigenous peoples’ experiences with police use of force","authors":"Erick Laming","doi":"10.1016/j.ijlcj.2023.100630","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100630","url":null,"abstract":"<div><p>Police use of force is a critical area of concern, in Canada, North America, and globally. Drawing on in-depth interviews with 40 Indigenous community members, this article provides insight into direct and vicarious experiences with police use of force. The research illustrates that most Indigenous respondents have experienced police use of force—either directly, vicariously, or both. Most of the experiences with police use of force involved physical types of encounters. In many cases, individuals were injured but did not receive medical attention. The findings underscore the variety of ways Indigenous peoples have experienced police use of force and how these encounters have had negative long-term impacts. Policy implications such as stronger accountability and reporting mechanisms for documenting use of force as well as the implementation of body-worn cameras for police are examined.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"75 ","pages":"Article 100630"},"PeriodicalIF":1.1,"publicationDate":"2023-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49805970","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
Responding to ‘image-based domestic abuse’ 应对“基于图像的家庭虐待”
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-10-07 DOI: 10.1016/j.ijlcj.2023.100631
Kirsty Welsh
{"title":"Responding to ‘image-based domestic abuse’","authors":"Kirsty Welsh","doi":"10.1016/j.ijlcj.2023.100631","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100631","url":null,"abstract":"<div><p>This paper questions whether the law is equipped to respond to the range of behaviours that characterise domestic abuse, especially those behaviours that are associated with coercion and control and, in particular, the disclosure of private sexual images to this end. A willingness to recognise notions of intimate terrorism and coercive control as an integral part of this gendered harm has now been embedded in our legislative regime through the enactment of s.76 Serious Crime Act. Alongside, s.33 Criminal Justice and Courts Act 2015 has criminalised so-called ‘revenge porn’ through prohibiting the disclosure of intimate sexual images. In this paper, I argue that neither of these offences truly reflect the experiences of women and both involve barriers to justice. In particular, I argue that, where coercion and the disclosure of private sexual images/threats to disclose the same, or other demeaning images coincide, the legal framework is particularly ill-equipped to respond.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"75 ","pages":"Article 100631"},"PeriodicalIF":1.1,"publicationDate":"2023-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49805969","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
Non serviam: Narrative dimensions of organized crime resistance and susceptibility 非服务性：有组织犯罪抵抗和易感性的叙事维度
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-10-04 DOI: 10.1016/j.ijlcj.2023.100627
Fabio Indìo Massimo Poppi
{"title":"Non serviam: Narrative dimensions of organized crime resistance and susceptibility","authors":"Fabio Indìo Massimo Poppi","doi":"10.1016/j.ijlcj.2023.100627","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100627","url":null,"abstract":"<div><p><span>This study delves into the narrative criminological facets of Agnew's (2016) four-factor theory on crime resistance and susceptibility, particularly within the realm of organized crime. Drawing insights from thirty-two interviews with college students and other young adults residing in a Mafia-influenced area, the study observes that the four inducements to crime—Negativity, Pleasure and Sensation Seeking, Conventional Efficacy and Perceived Social Support<span>, and Environmental Sensitivity—also manifest as narratives<span> that inspire or induce a resistance to an affiliation with organized crime. Nevertheless, the distinct nuances of narrative criminology and the unique characteristics of organized crime reveal additional influencing factors. Cultural and discursive narrative themes, such as </span></span></span>Familism, Opportunities and Careerism, and Ambiguities and Contradictions, highlight the capacity of narrative criminology to unearth dimensions and interpretations often overlooked by more traditional methodologies. Given these considerations, this study represents the inaugural endeavor to integrate narrative criminology within a formal theory of crime resistance and susceptibility.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"75 ","pages":"Article 100627"},"PeriodicalIF":1.1,"publicationDate":"2023-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49805967","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
The weakest link? Investigative issues in serial sexual assault that lead to wrongful conviction 最薄弱的环节？导致错误定罪的连环性侵调查问题
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-09-30 DOI: 10.1016/j.ijlcj.2023.100632
Marina Sorochinski , Matthew Barry Johnson , Rossol Gharib
{"title":"The weakest link? Investigative issues in serial sexual assault that lead to wrongful conviction","authors":"Marina Sorochinski ,&nbsp;Matthew Barry Johnson ,&nbsp;Rossol Gharib","doi":"10.1016/j.ijlcj.2023.100632","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100632","url":null,"abstract":"<div><p>Wrongful conviction of an innocent person is an extreme type of injustice that plagues the criminal justice system today. Wrongful conviction for a sexual offense is especially traumatic for the individual due to the inherent stigma surrounding this type of crime; however, there is a dearth of research focusing on the unique aspects of both the offense and the investigation that may contribute to those convictions. The current study sought to answer the following research questions: 1-Are most sexual assault wrongful convictions in series inter-racial? 2- Does relational misattribution play a role in wrongful conviction for sexual assault? 3-Where in the series do wrongful convictions occur? 4-Do wrongful convictions in serial sexual assault cases occur primarily due to behavioral inconsistency on the part of the perpetrator (i.e., the crime for which there is a wrongful conviction appears to be significantly different from the rest of the series) leading to linkage blindness? 5-To what extent does police misconduct and other investigative issues play a role in mishandling of the offense as a one-off as opposed to part of series? Data for this study included 43 violent sexual series where a proven wrongful conviction was present for at least one of the crimes. Results suggest that thorough investigation, evidence testing, and the ability to reopen cases after similar incidents can reduce wrongful sexual assault convictions. Distinguishing between group and solo offending, stranger and acquaintance offenses, and developing investigative models that account for serial crime behavior change can improve investigative accuracy.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"75 ","pages":"Article 100632"},"PeriodicalIF":1.1,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49848532","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
Exploring the impact of cyberbullying and cyberstalking on victims' behavioural changes in higher education during COVID-19: A case study 探讨新冠肺炎期间网络欺凌和网络跟踪对高等教育受害者行为变化的影响：一项案例研究
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-09-28 DOI: 10.1016/j.ijlcj.2023.100628
Anna Bussu , Manuela Pulina , Sally-Ann Ashton , Marta Mangiarulo
{"title":"Exploring the impact of cyberbullying and cyberstalking on victims' behavioural changes in higher education during COVID-19: A case study","authors":"Anna Bussu ,&nbsp;Manuela Pulina ,&nbsp;Sally-Ann Ashton ,&nbsp;Marta Mangiarulo","doi":"10.1016/j.ijlcj.2023.100628","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100628","url":null,"abstract":"<div><p>This study explores cyberbullying and cyberstalking in higher education from the victims' perspective. It presents a novel contribution byutlising a convenience sample of students and staff in a university setting in England. Their perceptions as victims were collected through a semi-structured online survey during the COVID-19 pandemic. This temporal setting helps to explore how external traumatic events, collective restrictions, and increased internet use affect online social interactions. A quantitative method is employed to gain a deeper understanding of the complexity of human behaviour and factors that contribute to changes in the everyday lives of victims. Despite the exploratory nature of this study, the empirical insights provide valuable contributions that can inform the development of innovative best practice and evidence-based policies to support victims in higher education.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"75 ","pages":"Article 100628"},"PeriodicalIF":1.1,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49848533","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
Implementation issues with hot spot policing 热点警务的执行问题
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-09-28 DOI: 10.1016/j.ijlcj.2023.100629
Barak Ariel
{"title":"Implementation issues with hot spot policing","authors":"Barak Ariel","doi":"10.1016/j.ijlcj.2023.100629","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100629","url":null,"abstract":"<div><p>Although the science behind hot spot policing is robust and grounded in theory, implementation issues prevent it from becoming commonplace in everyday policing. The mounting evidence suggests that “hot spot policing” (Sherman and Weisburd 1995) is rarely applied in police routines. The paper critically discusses three common problems with the implementation of this approach into policy: officers' motivation, organisational resistance, and technological failures. Two competing solutions are proposed to these endemic issues: instituting specialised hot spot policing units or outsourcing the job of ‘cooling down’ hot spots to alternative non-police entities, partially or wholly.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"75 ","pages":"Article 100629"},"PeriodicalIF":1.1,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49805968","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: 3
Child homicide in Ontario, Canada: Comparing criminal justice outcomes 加拿大安大略省儿童凶杀案：刑事司法结果比较
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-09-13 DOI: 10.1016/j.ijlcj.2023.100625
Anna Johnson, Myrna Dawson
{"title":"Child homicide in Ontario, Canada: Comparing criminal justice outcomes","authors":"Anna Johnson,&nbsp;Myrna Dawson","doi":"10.1016/j.ijlcj.2023.100625","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100625","url":null,"abstract":"<div><p>Child homicide remains responsible for a high number of child deaths despite decreasing in recent decades. Much of the research on child homicide has focused specifically on filicide or the broader characteristics of child homicide. Little research has examined whether the degree of intimacy between victims and perpetrators in child homicide cases may impact criminal justice outcomes. Focusing on 603 cases of child homicide between 1985 and 2018 in Ontario, Canada, this exploratory study compares the criminal justice outcomes of perpetrators with a familial relationship, non-familial relationship, and no prior relationship with the victim. Results show that familial perpetrators were less likely to be convicted of murder. Stereotypes about intimacy and violence that may impact criminal justice outcomes in child homicide cases are explored. Suggestions for future research on the effect of intimacy on criminal justice outcomes are highlighted, and policy implications are also discussed.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"75 ","pages":"Article 100625"},"PeriodicalIF":1.1,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49805961","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
Out in the cold? The experiences of foreign national prisoners in Iceland's open prisons 在寒冷的天气里？冰岛开放式监狱中外籍囚犯的经历
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-09-08 DOI: 10.1016/j.ijlcj.2023.100626
Francis Pakes
{"title":"Out in the cold? The experiences of foreign national prisoners in Iceland's open prisons","authors":"Francis Pakes","doi":"10.1016/j.ijlcj.2023.100626","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100626","url":null,"abstract":"","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"75 ","pages":"Article 100626"},"PeriodicalIF":1.1,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49848534","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
Delegated safeguarding or surveillance by proxy? Education: The prevent statutory duty in action 委托保护或代理监督？教育：预防法定义务在行动中的作用
IF 1.1 4区 社会学
International Journal of Law Crime and Justice Pub Date : 2023-09-01 DOI: 10.1016/j.ijlcj.2023.100604
Aram Ghaemmaghami , Naheem Jabbar
{"title":"Delegated safeguarding or surveillance by proxy? Education: The prevent statutory duty in action","authors":"Aram Ghaemmaghami ,&nbsp;Naheem Jabbar","doi":"10.1016/j.ijlcj.2023.100604","DOIUrl":"https://doi.org/10.1016/j.ijlcj.2023.100604","url":null,"abstract":"<div><p>Research generated by Prevent is abundant. The majority of studies focus on the delivery of Prevent as a Countering Violent Extremism (CVE) initiative but rarely question the methodological pretences that underpin its practices. There is mounting pressure from the public sphere and sections of the research community that is casting doubt on Prevent's effectiveness as a policy as well as its potential to cause harm to the vulnerable communities it professes to serve through the pre-criminal space it occupies. This qualitative investigation evaluates the implementation of Prevent and its Statutory Duty at the community level, drawing on the experiences of Local Authority (LA) Prevent managers and their pastoral networks, which are predominantly populated by schools and education providers. It questions the validity of the Prevent manager's evidence base, using the Foucauldian concept of governmentality and the Bourdieusian conception of the educational field to navigate this dynamic.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"74 ","pages":"Article 100604"},"PeriodicalIF":1.1,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49783363","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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