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Identifying Aboriginal and Torres Strait Islander offenders and victims in judicial sentencing remarks 在司法判决中确认土著和托雷斯海峡岛民罪犯和受害者
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2023-02-28 DOI: 10.1177/26338076221140897
Sarah Clifford, Kalinda E Griffiths
Judicial sentencing remarks (JSRs) have been utilised by several researchers, as a publicly available data source, to explore topics such as alcohol and other drug involvement in intimate partner homicide; the use of therapeutic jurisprudence; narratives of mitigation for Aboriginal offenders; and the identification and impact of trauma in the sentencing of homicide offenders (to name a few). There is inconsistency in the existing literature regarding the methodology for identifying offenders as Aboriginal and/or Torres Strait Islander. Appropriate and correct identification of Aboriginal and Torres Strait Islander peoples in the criminal justice system is important because of the distinct differences in how Aboriginal and Torres Strait Islander peoples experience the criminal justice system, including sentencing and punishment. We retrospectively developed a manual algorithm to identify offenders and victims as ‘Aboriginal and/or Torres Strait Islander’, ‘non-Aboriginal and/or Torres Strait Islander’ or ‘Unknown’. This paper provides an overview of the development and the application of the algorithm and discusses the importance of transparency in Aboriginal and Torres Strait Islander identification processes when using JSRs as a data source.
几位研究人员已经将司法量刑评论(JSR)作为公开的数据来源,来探讨亲密伴侣谋杀中的酒精和其他药物参与等话题;使用治疗法学;土著罪犯减轻处罚的叙述;以及在对杀人罪罪犯判刑时对创伤的识别和影响(仅举几例)。关于将罪犯认定为土著和/或托雷斯海峡岛民的方法,现有文献存在不一致之处。在刑事司法系统中适当和正确地识别土著人和托雷斯海峡岛民是重要的,因为土著人和Torres海峡岛民在刑事司法制度中的经历,包括量刑和惩罚方面存在明显差异。我们回顾性地开发了一种手动算法,将罪犯和受害者识别为“原住民和/或托雷斯海峡岛民”、“非原住民和//或托雷斯群岛岛民”或“未知”。本文概述了该算法的发展和应用,并讨论了使用JSR作为数据源时,原住民和托雷斯海峡岛民身份识别过程中透明度的重要性。
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引用次数: 1
Acknowledgement of Reviewers 2022 审稿人致谢
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2023-02-17 DOI: 10.1177/26338076231152030
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引用次数: 0
How to win trust: The case of P2P financial fraud in China 如何赢得信任:中国P2P金融诈骗案
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-12-22 DOI: 10.1177/26338076221140894
T. Lo, W. Kan
Originally, the establishment of peer-to-peer lending (P2P) helped poor people to solve short-term financial problems or had a charitable nature. Along with its development, it became a financial method that helps people invest. It has been developing rapidly in China since 2007 and was claimed as a Ponzi scheme since many investors have been deceived. That is, P2P in China is viewed more as a fraud rather than a formal financial method. Although some studies have explored the overall picture of P2P, this study filled the research gaps by i) using court cases and media reports for analysis, and ii) adopting trust theory and the concept of guanxi, to explore the trust relationship in the P2P. To investigate the process and mechanism in P2P, the present study aimed to examine the situation of P2P investment in China and the trust-building process between investors and P2P companies by using trust theory. A case study method was adopted using published court and media cases. A thematic analysis approach was used to analyse the data. The results demonstrate that investors were guaranteed high financial returns by the companies, and they profited from their initial investments. However, they were commonly deceived in subsequent investments after their trust in the P2P companies was established through the initial gain. The results also reveal a trust-building process between investors and P2P companies through the quality of search, experience and credence as adopted in trust theory. The study complements the trust theory with Chinese cultural concepts such as authority and guanxi and reveals how these are applied in Chinese business malpractices.
最初,P2P的建立是为了帮助穷人解决短期的财务问题,或者具有慈善性质。随着它的发展,它成为了一种帮助人们投资的金融方法。自2007年以来,它在中国迅速发展,由于许多投资者被欺骗,它被称为庞氏骗局。也就是说,P2P在中国被更多地视为一种欺诈,而不是一种正式的金融方式。虽然已有研究探究了P2P的全貌,但本研究填补了研究空白,采用法庭案例和媒体报道进行分析,采用信任理论和关系概念来探究P2P中的信任关系。为了探究P2P投资的过程和机制,本研究运用信任理论考察了中国P2P投资的现状以及投资者与P2P公司之间的信任建立过程。采用案例研究法,选取已公布的法院和媒体案例。采用专题分析方法对数据进行分析。结果表明,投资者从公司获得了较高的财务回报,他们从最初的投资中获利。然而,他们通过最初的收益建立起对P2P公司的信任后,在随后的投资中往往被欺骗。研究结果还揭示了投资者与P2P公司之间通过信任理论中所采用的搜索质量、经验和信誉建立信任的过程。该研究将信任理论与中国文化概念(如权威和关系)相补充,并揭示了这些概念如何应用于中国的商业不当行为。
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引用次数: 1
The influence of Indigenous status on the issue of police cautions 土著地位对警察警告问题的影响
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-12-22 DOI: 10.1177/26338076221146326
D. Weatherburn, B. Thomas
Over the last 20 years, a body of research has emerged in the United States (US) revealing that the country’s sentencing courts to treat young male African American (and Hispanic) offenders more harshly than white offenders, even after adjusting for relevant legal and contextual factors. Similar research in Australia has generally found that the effect of Indigenous status on adult bail/sentencing outcomes is either non-significant, or significant, but very small. The aim of this study is to explore the impact of race, age, and gender on police decisions to prosecute rather than caution to a juvenile offender. We employ a multilevel model with random intercepts to explore the impact of race, age, and gender on police decisions to prosecute rather than caution to a juvenile offender. The first level controls for offender/offence factors a police officer may legally consider when deciding whether or not to caution a young offender. The second level controls for the police patrol to which the police officer is attached. After adjusting for the effects of legally relevant factors, we find Indigenous juvenile offenders (regardless of sex) are more likely to be prosecuted than cautioned, compared with their non-Indigenous counterparts. There is also wide variation across local area commands in willingness to caution juvenile offenders. We conclude that further research is needed to obtain a better understanding of the factors responsible for racial disparity in the use of police cautions.
在过去的20年里,美国出现了一系列研究,表明该国的量刑法院对年轻的非裔男性(和西班牙裔)罪犯的待遇比白人罪犯更严厉,即使在调整了相关的法律和背景因素后也是如此。澳大利亚的类似研究普遍发现,土著身份对成年人保释/判刑结果的影响要么不显著,要么显著,但非常小。本研究的目的是探讨种族、年龄和性别对警方起诉而非警告青少年罪犯的决定的影响。我们采用了一个带有随机拦截的多层次模型来探索种族、年龄和性别对警方起诉而非警告青少年罪犯的决定的影响。警察在决定是否警告年轻罪犯时,可以合法考虑罪犯/犯罪因素的一级控制。警察所属的警察巡逻队的第二级控制。在调整了法律相关因素的影响后,我们发现,与非土著青少年罪犯相比,土著青少年罪犯(无论性别)被起诉的可能性比被警告的可能性更大。各地方司令部对青少年罪犯的警告意愿也存在很大差异。我们的结论是,需要进一步的研究,以更好地了解在使用警察警告时造成种族差异的因素。
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引用次数: 0
Exploring the potential of ‘working-making-doing’ with people who have lived experience of the criminal justice system 探索与有刑事司法系统生活经验的人“凑合工作”的潜力
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-12-04 DOI: 10.1177/26338076221142871
A. Hart
This book from well-established scholars of the criminal justice system contributes new insights to the developing field of ‘co-production’ with people who have lived experience of incarceration and criminalisation. Co-production efforts can fail to empower participants and disrupt the status quo if not sufficiently clear in method and intention. Using critical theory and Australian case studies, this book gives shape and coherence to co-production efforts and details the affordances, sensitivities and frictions of co-production practice. Despite its detailed account of the relational and institutional risks for practitioners and participants, the result is a manifesto for ‘working-making-doing together’ and the emancipatory potential of ‘looking from below’. This study offers a vital reference point for anyone engaging in this space.
这本书来自刑事司法系统的知名学者,为与有过监禁和刑事定罪经历的人“共同制作”这一发展领域提供了新的见解。如果方法和意图不够明确,合作制作可能无法赋予参与者权力,并破坏现状。本书运用批判性理论和澳大利亚案例研究,对合作生产的努力进行了塑造和连贯,并详细介绍了合作生产实践的可供性、敏感性和摩擦。尽管它详细描述了从业者和参与者的关系和制度风险,但其结果是一份“共同努力,共同行动”的宣言,以及“从下面看”的解放潜力。这项研究为任何参与这一领域的人提供了一个重要的参考点。
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引用次数: 1
Public health approaches to youth involvement in violence: Examining stakeholders’ perspectives in Australia and the United Kingdom 解决青年参与暴力问题的公共卫生办法:审查澳大利亚和联合王国利益攸关方的观点
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-11-29 DOI: 10.1177/26338076221135340
H. Klose, F. Gordon
Australia and the United Kingdom (UK) have each witnessed a ‘punitive turn’ in relation to youth justice responses. A lack of contextualisation, such as the impact of trauma and adverse childhood experiences on young people, is often overlooked by media outlets, governments and policymakers, in favour of individual pathologisation of young people. In direct contrast to these punitive responses, the public health approach (PHA) has emerged particularly in the UK; and it identifies experiences of trauma as one of the leading causes of violence within communities. Drawing on the perspectives of those working with children and young people, we critically explore whether the implementation of a PHA could be an effective approach to addressing the underlying causes of young people's involvement in violence. The paper focuses specifically on a case study of the youth justice system in Victoria, Australia and draws on domestic and global perspectives of key stakeholders, to consider whether the introduction of a PHA in Victoria, Australia, would position young people's diverse needs at the centre of policy change in youth justice and better outcomes for young people and communities.
澳大利亚和联合王国(英国)在青年司法对策方面都出现了“惩罚性转变”。媒体、政府和政策制定者往往忽视了缺乏情境化,比如创伤和不良童年经历对年轻人的影响,而倾向于对年轻人进行个体病理化。与这些惩罚性回应形成直接对比的是,公共卫生方法(PHA)尤其在英国出现;它将创伤经历确定为社区内暴力的主要原因之一。根据那些从事儿童和年轻人工作的人的观点,我们批判性地探讨了实施PHA是否是解决年轻人参与暴力的根本原因的有效方法。该文件特别侧重于对澳大利亚维多利亚州青年司法系统的案例研究,并借鉴了主要利益相关者的国内和全球视角,以考虑在澳大利亚维多利亚州引入PHA是否会将年轻人的多样需求置于青年司法政策变革的中心,并为年轻人和社区带来更好的结果。
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引用次数: 1
Victim-blaming and image-based sexual abuse 指责受害者和基于形象的性虐待
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-11-29 DOI: 10.1177/26338076221135327
A. Flynn, E. Cama, A. Powell, A. Scott
Image-based sexual abuse (IBSA) is a growing, global problem. This article reports on a mixed-methods, multi-jurisdictional study of IBSA across the United Kingdom, Australia and Aotearoa/New Zealand. Attitudes of blame and minimisation of harms among a sample of the general population (n = 6109) were analysed using two multiple regression analyses that assessed the ability of three demographic and three experiential characteristics to predict attitudes. Interviews were also conducted with 43 stakeholders and analysed thematically. Survey respondents who attributed more blame and minimised harms to a greater extent tended to be men, heterosexual, and had experienced or perpetrated more IBSA behaviours. Those who reported greater engagement in sexual self-image behaviours were also more likely to minimise harms. Interview participants suggested attitudes of blame and minimisation may be linked to broader problematic attitudes around sexual violence and sexual double standards, with women more likely to experience blame for IBSA. Our findings are of international relevance and highlight the need for multifaceted policies, education campaigns and training that challenge these attitudes.
基于图像的性虐待(IBSA)是一个日益严重的全球性问题。本文报道了英国、澳大利亚和新西兰奥特亚IBSA的混合方法、多司法管辖区研究。普通人群样本中的指责态度和危害最小化(n = 6109)使用两个多元回归分析进行分析,该分析评估了三个人口统计学和三个经验特征预测态度的能力。还对43个利益攸关方进行了访谈,并按主题进行了分析。将更多的责任归咎于男性,并在更大程度上将伤害降至最低的调查对象往往是异性恋者,他们经历或实施了更多的IBSA行为。那些报告更多参与性自我形象行为的人也更有可能将伤害降至最低。访谈参与者表示,指责和最小化的态度可能与围绕性暴力和性双重标准的更广泛的问题态度有关,女性更有可能因IBSA而受到指责。我们的研究结果具有国际相关性,并强调需要采取多方面的政策、教育运动和培训来挑战这些态度。
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引用次数: 3
Book Review: Convict criminology for the future by Jeffrey Ian Ross & Francesca Vianello 书评:未来的罪犯犯罪学杰弗里·伊恩·罗斯和弗朗西斯卡·维亚内洛著
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-11-29 DOI: 10.1177/26338076221141114
Kevin Walby
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引用次数: 0
Experiences of trauma and alcohol and other drug use by domestic, family, and sexual violence offenders: A review of 6 months of sentencing remarks from the Supreme Court of the Northern Territory, Australia 家庭暴力、家庭暴力和性暴力罪犯的创伤经历以及酗酒和其他吸毒经历:对澳大利亚北领地最高法院6个月的判决评论的审查
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-11-07 DOI: 10.1177/26338076221129920
Sarah Clifford, C. Wright, M. Livingston, James A. Smith, Kalinda E Griffiths, Peter G Miller
The Northern Territory (NT) has the highest rates of domestic, family and sexual violence (DFSV) in Australia. Although we know that alcohol and other drug (AOD) use and trauma both contribute to DFSV in the NT, some specifics remain unknown. This paper aims to (a) describe the extent of AOD involvement in criminally serious DFSV, (b) describe the volume of trauma experienced by convicted criminally serious DFSV offenders, and (c) qualitatively explore the judicial recognition of the intersections between alcohol and trauma. To do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. A content analysis of all DFSV JSRs from July to Dec 2020 was undertaken (n = 64). A structured coding instrument was developed to extract quantitative and qualitative variables through repeated reviews by multiple authors. Descriptive statistics regarding demographics, number of significant traumatic events experienced, and AOD involvement were generated. The qualitative data from which these statistics were generated was used to explore the interplay between trauma and AOD involvement. The majority of offenders had experienced at least one form of trauma. The social determinants of health underpinned a significant amount of this trauma, with housing, poverty, and unemployment frequently described. The use of alcohol as a maladaptive coping mechanism was explicitly recognised. There was frequent judicial recognition of the intersections between trauma, alcohol, and violence, however addressing trauma as an essential part of rehabilitation processes was rare. Trauma and AOD use were widespread among convicted DFSV offenders, with alcohol involved in the majority of incidents. Further research is required to understand the bio-psycho-social factors involved in the relationship between trauma, alcohol, and DFSV. Systematic piloting and trialling of interventions is necessary to determine what approaches are effective for preventing DFSV and reducing recidivism for people with intersecting experiences of trauma and AOD concerns.
北领地(NT)是澳大利亚家庭暴力、家庭暴力和性暴力(DFSV)发生率最高的地区。虽然我们知道酒精和其他药物(AOD)的使用和创伤都有助于北领地的DFSV,但一些细节仍不清楚。本文旨在(a)描述AOD参与严重的刑事DFSV的程度,(b)描述被定罪的严重DFSV罪犯所经历的创伤量,以及(c)定性地探讨司法对酒精和创伤之间交叉点的认识。为此,我们回顾了北达科他州最高法院的司法量刑判决书(JSRs)。对2020年7月至12月期间所有DFSV JSRs的内容进行了分析(n = 64)。通过多名作者的反复审查,开发了一种结构化编码工具来提取定量和定性变量。产生了关于人口统计学、经历的重大创伤事件数量和AOD参与的描述性统计数据。从这些统计数据中产生的定性数据被用于探索创伤与AOD累及之间的相互作用。大多数罪犯都经历过至少一种形式的创伤。健康的社会决定因素在很大程度上支持了这种创伤,住房、贫困和失业经常被描述。使用酒精作为一种适应不良的应对机制得到了明确承认。司法上经常承认创伤、酒精和暴力之间的交集,但很少将创伤作为康复过程的一个重要组成部分来处理。在被定罪的DFSV罪犯中,创伤和AOD的使用很普遍,其中大多数事件涉及酒精。需要进一步的研究来了解创伤、酒精和DFSV之间关系的生物心理社会因素。有必要对干预措施进行系统的试点和试验,以确定哪些方法对有创伤和AOD交叉经历的人有效地预防DFSV和减少再犯。
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引用次数: 1
Transnational organized crime and COVID: A book review essay 跨国有组织犯罪与COVID:一篇书评文章
IF 1.4 3区 社会学 Q2 CRIMINOLOGY & PENOLOGY Pub Date : 2022-11-07 DOI: 10.1177/26338076221135329
Nathan P. Jones
COVID-19, Gangs, and Conflict. Edited by John P. Sullivan and Robert J. Bunker. A Small Wars Journal–El Centro Reader. Bloomington: Xlibris. 2020. Photos. Endnotes. Contributor biographies. Prologue. Foreword. Postscript. Afterword. Selected References. pp. 153. Paperback $12.17. Kindle $3.99. Criminal Contagion: How Mafias, Gangsters and Scammers Profit from a Pandemic. By Tuesday Reitano and Mark Shaw. London: Hurst and Company, 2021. ISBN 9781787384460. Notes. Index. pp. 320. Hardcover $26.95.
COVID-19、帮派和冲突。约翰·p·沙利文和罗伯特·j·邦克编辑。一个小战争杂志-埃尔森特罗读者。布鲁明顿:Xlibris, 2020。照片。尾注。贡献者传记。序言。前言。Postscript。后记。选择引用。153页。平装书12.17美元。Kindle 3.99美元。犯罪传染:黑手党、黑帮和骗子如何从流行病中获利。周二雷塔诺和马克·肖报道。伦敦:Hurst and Company, 2021。ISBN 9781787384460。笔记。索引。320页。精装书26.95美元。
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引用次数: 0
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Journal of Criminology
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