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20. Right and left realism 20.左右现实主义
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0020
S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
This chapter focuses on realist criminologies which emerged in the late 1970s and early 1980s. The two main strands were right realism and left realism, so called because of the political leanings that influenced them. Realist criminologies were, in basic terms, theoretical developments grounded in and informed by sociological positivism (right realism) and critical criminologies (left realism). Realism itself is an important social scientific concept, developed to try to provide a basis for understanding social realities which are not directly observable or precisely measurable, but undoubtedly have material substance and affect human behaviour, such as the law. More recently, we have seen a further variation emerge in the form of ‘ultra-realist’ criminology, which seeks to challenge and extend the definition of ‘crime’ to encompass the idea of ‘social harm’, thereby making a connection with concerns about the environment or damaging state and corporate activity.
本章着重于20世纪70年代末和80年代初出现的现实主义犯罪学。这两大流派分别是右翼现实主义和左翼现实主义,之所以这样称呼是因为政治倾向影响了它们。从根本上说,现实主义犯罪学是建立在社会学实证主义(右翼现实主义)和批判犯罪学(左翼现实主义)基础上的理论发展。现实主义本身是一个重要的社会科学概念,它的发展旨在为理解不能直接观察或精确测量,但无疑具有物质实质并影响人类行为(如法律)的社会现实提供基础。最近,我们看到了以“极端现实主义”犯罪学的形式出现的进一步变化,它试图挑战和扩展“犯罪”的定义,以包含“社会危害”的概念,从而与对环境或破坏国家和企业活动的关注联系起来。
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引用次数: 0
28. Punishment 28. 惩罚
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0028
S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
This chapter discusses the place that punishment occupies as a response to crime. In many ways, the idea of punishment lies at the heart of our thinking about crime and criminal justice. It acts as a kind of balancing factor to the offence and seems like an obvious and natural consequence of a wrongful act, as in the biblical idea of ‘an eye for an eye’. However, the criminologist’s task is precisely to interrogate fundamental assumptions and to question the obvious. As such, there is a need to consider, with a critical eye, some well-established conventions such as the principle of ‘just deserts’ and the idea that we should make ‘the punishment fit the crime’. The chapter explores aspects of the historical development of punishment and its changing role in society and looks at particular forms of penal sanction, notably the death penalty, the use of imprisonment, and community-based alternatives to the deprivation of liberty. The chapter then assesses the role of the judiciary in administering punishments, the consequences of imposing punitive measures, and the criticisms of the use of punishment.
这一章讨论了惩罚作为对犯罪的回应所占据的地位。在许多方面,惩罚的概念是我们思考犯罪和刑事司法的核心。它作为一种平衡犯罪的因素,似乎是不法行为的一个明显而自然的结果,就像圣经中“以眼还眼”的概念一样。然而,犯罪学家的任务恰恰是质疑基本假设,质疑显而易见的事实。因此,有必要以批判的眼光来考虑一些已经确立的惯例,如“应得”原则和我们应该“量刑相称”的想法。本章探讨了惩罚的历史发展及其在社会中不断变化的作用的各个方面,并探讨了刑事制裁的特定形式,特别是死刑、监禁的使用以及以社区为基础的替代剥夺自由的办法。然后,本章评估了司法部门在执行惩罚方面的作用,实施惩罚性措施的后果,以及对使用惩罚的批评。
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引用次数: 0
33. Employability and careers 33. 就业能力及职业
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0033
Steven Case, P. Johnson, D. Manlow, Roger Smith, Kate Williams
This chapter highlights employability and career learning. The term ‘employability’ refers to the skills, attributes, and knowledge individuals need for successful careers. Many higher education institutions now include employability as an integral part of undergraduate courses. It may feel a little daunting to focus on employability while grappling with the demands of criminology studies, but both challenges can be tackled simultaneously. Developing an understanding of what employers are looking for will lead to more effective and targeted employability development, and taking the time to explore career options will result in better decision-making. The chapter introduces various tools and techniques to use to support employability development and career planning.
本章强调就业能力和职业学习。“就业能力”一词指的是个人成功职业所需的技能、属性和知识。许多高等教育机构现在将就业能力作为本科课程的一个组成部分。在努力应对犯罪学研究的要求的同时,关注就业能力可能会让人感到有点畏缩,但这两个挑战是可以同时解决的。了解雇主想要的是什么,将有助于更有效、更有针对性的就业能力发展,花时间探索职业选择将有助于做出更好的决策。本章介绍了用于支持就业能力发展和职业规划的各种工具和技术。
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引用次数: 0
5. Crime statistics 5. 犯罪统计数据
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0005
S. Case, P. Johnson, D. Manlow, Roger Smith, Kate Williams
This chapter evaluates the importance of crime statistics in criminological studies. Crime statistics can give an indication of how much ‘crime’ is happening, for example how many robberies or car thefts have been counted in a particular year and area. They also help to identify and assess trends and patterns, such as shifts in types of crimes and perpetrators, increases and decreases in the number of offences and in more serious acts of deviance, like assault or murder. This knowledge enables us to decide on the appropriate responses to crime, and for ‘society’ and its state agencies to implement those responses. The chapter then traces the development of UK crime statistics, looking at the two main sources of UK crime statistics: police recorded crime and the Crime Survey for England and Wales (CSEW).
本章评估了犯罪统计在犯罪学研究中的重要性。犯罪统计数据可以表明有多少“犯罪”正在发生,例如,在特定的年份和地区,有多少起抢劫或汽车盗窃被统计出来。它们还有助于识别和评估趋势和模式,例如犯罪类型和肇事者的变化,犯罪数量的增加和减少以及袭击或谋杀等更严重的越轨行为。这些知识使我们能够决定对犯罪的适当反应,并为“社会”及其国家机构实施这些反应。然后,本章追溯了英国犯罪统计的发展,着眼于英国犯罪统计的两个主要来源:警察记录的犯罪和英格兰和威尔士犯罪调查(CSEW)。
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引用次数: 0
30. Alternatives to punishment 30.惩罚的替代方案
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0030
S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
This chapter evaluates the alternative means of responding to offenders and their crimes which have emerged in criminal justice and have been gaining wider recognition. Those who favour innovations of this kind tend to reject conventional assumptions and approaches, proposing new principles for the operation of the justice system. The chapter considers two distinct but similar challenges to conventional models of justice which have developed from this viewpoint: restorative justice and diversion. Restorative justice is based on the presumption that dealing with crime is a process rather than a single act or decision, that it involves collaboration between those with a stake in the offence, and that it emphasises healing as well as ‘putting things right’. Diversionary interventions, which can include community service, restitution, and education, as well as elements of restorative practice, provide an opportunity for the offender to avoid criminal charges or formal judicial processes, albeit sometimes by meeting certain conditional requirements.
本章评价了在刑事司法中出现并得到更广泛承认的对罪犯及其罪行作出反应的其他手段。那些支持这类创新的人倾向于拒绝传统的假设和方法,为司法系统的运作提出新的原则。本章考虑了从这一观点发展而来的对传统司法模式的两个不同但相似的挑战:恢复性司法和转移。恢复性司法是基于这样一种假设:处理犯罪是一个过程,而不是一个单一的行为或决定,它涉及与犯罪有利害关系的人之间的合作,它强调治愈和“纠正错误”。转移性干预措施包括社区服务、恢复原状和教育,以及恢复性做法的要素,为罪犯提供了避免刑事指控或正式司法程序的机会,尽管有时需要满足某些条件要求。
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引用次数: 0
15. Free will, classicism, and rational choice 15. 自由意志、古典主义和理性选择
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0015
S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
This chapter reflects on criminological theories. It begins by considering what a theory is, how a theory can be assessed, and exploring the overarching ideas in criminology. Criminological theory improves the understanding of why laws are made, how and why we enforce rules and punish those who break them, the effects of crime control, how and why people choose to break or obey rules, and the effects of rule breaking. The main theoretical schools in criminology include classicism, positivism, interpretivism, and critical criminology. The chapter then looks at the importance of free will and rational choice and demonstrates how these ideas in the 17th and 18th centuries underline the modern criminal justice system and may explain how and why we, as a society, feel we can and should punish those who choose to break the law.
这一章反映了犯罪学理论。它首先考虑什么是理论,如何评估理论,并探索犯罪学的总体思想。犯罪学理论提高了对为什么制定法律,我们如何以及为什么执行规则并惩罚违反规则的人,犯罪控制的影响,人们如何以及为什么选择违反或遵守规则,以及违反规则的影响的理解。犯罪学的主要理论流派包括古典主义、实证主义、解释主义和批判犯罪学。然后,本章着眼于自由意志和理性选择的重要性,并论证了17世纪和18世纪的这些思想如何强调现代刑事司法系统,并可能解释我们作为一个社会,如何以及为什么认为我们能够并且应该惩罚那些选择违法的人。
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引用次数: 0
13. Global criminology 1 13. 全球犯罪学1
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0013
S. Darke
This chapter presents an overview of global criminology, introducing the overarching theme and concept of globalisation and drawing comparisons between crime and justice in different countries. Today, criminologists who research other parts of the world increasingly turn to international definitions of crime, and international understanding of the causes of crime and the effectiveness and legitimacy of the various forms of crime control. In doing so, criminologists in the Global North are becoming more aware that they need to diversify the discipline further to include the knowledge and viewpoints of researchers from the Global South. The emerging area of global criminology is divided into two broad areas of research interest. The first, comparative criminology, focuses on identifying and understanding convergences and divergences in crime and justice between nations and regions. The second area, transnational criminology, explores the nature of organised, state, and corporate crimes and responses to organised crimes that cross borders.
本章介绍了全球犯罪学的概述,介绍了全球化的总体主题和概念,并比较了不同国家的犯罪和司法。今天,研究世界其他地区的犯罪学家越来越多地转向犯罪的国际定义,以及对犯罪原因的国际理解,以及各种形式的犯罪控制的有效性和合法性。在这样做的过程中,全球北方的犯罪学家越来越意识到,他们需要进一步使这一学科多样化,以包括来自全球南方的研究人员的知识和观点。全球犯罪学这一新兴领域分为两大研究兴趣领域。第一,比较犯罪学,侧重于识别和理解国家和地区之间犯罪和司法的趋同和分歧。第二个领域,跨国犯罪学,探讨有组织、国家和企业犯罪的性质以及对跨国界有组织犯罪的反应。
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引用次数: 0
6. Crime and the media 6. 犯罪与媒体
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0006
Steven Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
This chapter focuses on research into various forms of media and their long, complex relationships with crime. In today’s increasingly multi-media world, most people can access crime-related information and stories through a wide variety of media and can publish and distribute their own views and accounts, if they choose. The chapter first outlines some of the ways in which criminologists examine the media and analyse the ways in which it has been used to represent (either directly or indirectly) ‘facts’ and opinions about crime. It then looks at how this can reflect wider and less obvious considerations, such as social concerns and attitudes to different groups, such as young people and migrants, before exploring how crime is depicted in fiction and popular entertainment. Finally, the chapter discusses the effects of media representations of crime, considering the ways in which the media could be seen as criminogenic (causing crime), for example that it can facilitate and provide a platform for crimes, such as cybercrime, and the ways it could be seen to have a positive influence on crime.
本章重点研究各种形式的媒体及其与犯罪的长期复杂关系。在当今日益多媒体化的世界里,大多数人都可以通过各种各样的媒体获取与犯罪有关的信息和故事,如果他们愿意,也可以发表和传播自己的观点和叙述。本章首先概述了犯罪学家研究媒体的一些方法,并分析了媒体被用来(直接或间接地)表达有关犯罪的“事实”和观点的方式。然后,在探索小说和流行娱乐如何描绘犯罪之前,它会研究这如何反映更广泛和不太明显的考虑,例如社会关注和对不同群体(如年轻人和移民)的态度。最后,本章讨论了媒体对犯罪的影响,考虑到媒体可以被视为犯罪(导致犯罪)的方式,例如,它可以促进和提供犯罪平台,如网络犯罪,以及它可以被视为对犯罪产生积极影响的方式。
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引用次数: 0
23. Criminal justice principles 23. 刑事司法原则
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0023
S. Case, P. Johnson, D. Manlow, Roger Smith, K. Williams
This chapter describes the key principles of the criminal justice system. These key principles behind the abstract aims of criminal justice include the rule of law, adversarial justice, and restorative justice. The chapter particularly focuses on the rule of law doctrine to illustrate its status as the ultimate authority for democratic systems of justice around the world, but it also reflects on three of its supplementary concepts: an independent judiciary, due process, and human rights. Meanwhile, the traditional adversarial contest in a courtroom between two opposing sides means such hearings can lack impartiality as the role of the judge is limited to ensuring that the rules are followed. The restorative justice principle offers a different dimension, one that prioritises repairing the harms suffered by the injured parties.
本章描述了刑事司法制度的主要原则。刑事司法抽象目标背后的关键原则包括法治、对抗性司法和恢复性司法。本章特别关注法治原则,以说明其作为世界各地民主司法制度的最终权威的地位,但也反映了其三个补充概念:独立的司法机构、正当程序和人权。与此同时,传统的法庭上对立双方的对抗性竞争意味着这种听证会可能缺乏公正性,因为法官的作用仅限于确保规则得到遵守。恢复性司法原则提供了一个不同的维度,它优先考虑修复受害方所遭受的伤害。
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引用次数: 0
8. Hate crime 8. 仇恨犯罪
Pub Date : 2021-06-30 DOI: 10.1093/he/9780198835837.003.0008
A. Nurse, M. Walters
This chapter addresses hate crimes, which are complex, as these offences can be linked to both personal gain or even profit, as well as concepts such as ‘difference’ and ‘othering’. This area of criminology came about primarily because the civil rights movements in the US and the UK raised the profile of racist and (later) homophobic violence so that they became important political and social issues. The chapter looks at a range of different types of hate crime, including offences based on prejudice towards victims because of their disability, race or ethnicity, religion or beliefs, sexual orientation, and gender identity. It also identifies some of the factors that can affect these offences in ways that are not immediately obvious. These elements include the influence politicians can have, especially when using language that excludes minority groups and portrays them as a threat to the public or as somehow being ‘Other’ (different and arguably not to be trusted).
这一章讨论了仇恨犯罪,这是复杂的,因为这些罪行可能与个人利益甚至利润以及“差异”和“他者”等概念有关。这一犯罪学领域的出现主要是因为美国和英国的民权运动提高了种族主义和(后来的)同性恋暴力的形象,使它们成为重要的政治和社会问题。本章探讨了一系列不同类型的仇恨犯罪,包括基于残疾、种族或民族、宗教或信仰、性取向和性别认同而对受害者产生偏见的犯罪。它还确定了一些可能以不明显的方式影响这些犯罪的因素。这些因素包括政治家可能具有的影响力,特别是当使用排除少数群体的语言并将他们描绘成对公众的威胁或某种程度上是“他者”(不同的,可以说是不值得信任的)时。
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引用次数: 0
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The Oxford Textbook on Criminology
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