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Book review: Privatising Justice: The Security Industry, War and Crime Control, by Wendy Fitzgibbon and John Lea 书评:《司法私有化:安全产业、战争和犯罪控制》,作者:温迪·菲茨吉本和约翰·利亚
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-02-17 DOI: 10.1177/1748895820987319
Harriet Burgess BL
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引用次数: 0
Book review: A Criminology of Moral Order 书评:《道德秩序的犯罪学
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-02-14 DOI: 10.1177/1748895820911796
Emma Milne
explicitly considering ‘how the larger, social contexts in which mothers must operate contribute to her lethal violence’ (p. 13). By contextualising women’s violence against their infants in the structures of ideologies of ‘good mothering’, Smithey outlines how women assess their parenting actions and the behaviour of their infant against unrealistic standard, coming to the inevitable conclusion that they are simply not good enough mothers. As such, the crying of the baby and the inability to escape that crying, due to social-cultural circumstances that constrict parenting activities for all but the wealthy, results in a situation whereby force to gain compliance is not an unreasonable or unexpected next step for a mother. As such, Smithey roots mother’s fatal assaults of their infants firmly within the structures of patriarchy, exposing another consequence of gender economic and cultural inequality. As a conclusion of her analysis, Smithey briefly touches on the unhelpfulness of criminal justice and social services interventions, identifying the condemnation of ‘bad mothering’ as an element of the problem, rather than part of the solution, particularly in relation to stringent punishments and criminal justice responses (which is common in the United States comparative to legal jurisdictions that have the offence of infanticide, such as the England and Wales, Canada and New Zealand). As part of this conclusion, Smithey carefully skirts around the question of women’s agency in committing these violent acts. An assessment of agency was not a focus of Smithey’s analysis and so my comments here are not to note a limitation of the book. However, the complex and compelling analysis that Smithey presents lends itself to further develop this idea of agency and what role criminal control and punishment should play in response to maternal infant filicide if, as Smithey argues, the causes of this violence are entirely rooted in patriarchal capitalism, the oppression of women by men, and devaluation and disregard for the stresses and strains of raising children. The question of women’s agency as criminal offenders is one that has been at the focus of feminist criminology for decades and that still requires theorisation, particularly in light of sociological analysis of criminal activity, such as that provided by Smithey. Overall, this is a compelling book that provides an excellent overview of the issue of maternal violence towards their infants. The data presented and sociological theorisation is impressive. The book is well written, and the reader is walked through the theory, identifying the steps towards fatal maternal violence. The selected extracts from the interviews add depth and dynamic to the theorisation, supporting Smithey’s arguments and facilitating understanding.
明确地考虑“母亲必须在其中运作的更大的社会背景如何促成她的致命暴力”(第13页)。通过将女性对婴儿的暴力行为置于“好母亲”的意识形态结构中,斯密西概述了女性如何根据不切实际的标准评估自己的育儿行为和婴儿的行为,从而得出不可避免的结论,即她们根本不够好母亲。因此,由于社会文化环境限制了除富人以外的所有人的养育活动,婴儿的哭声和无法逃避的哭声导致了一种情况,即强迫母亲服从并不是不合理或意想不到的下一步。因此,史密斯将母亲对婴儿的致命攻击牢牢地根植于父权制的结构中,揭示了性别、经济和文化不平等的另一个后果。作为她分析的结论,斯密西简要地谈到了刑事司法和社会服务干预的无用性,将谴责“坏母亲”视为问题的一个因素,而不是解决方案的一部分,特别是在严厉的惩罚和刑事司法反应方面(与有杀婴罪的司法管辖区相比,这在美国很常见,如英格兰和威尔士、加拿大和新西兰)。作为结论的一部分,史密斯小心翼翼地回避了女性在实施这些暴力行为中的代理问题。对代理的评估并不是斯密西分析的重点,所以我在这里的评论并不是要指出这本书的局限性。然而,Smithey提出的复杂而令人信服的分析有助于进一步发展代理的概念,以及犯罪控制和惩罚在应对母亲杀害婴儿的行为中应该扮演什么角色,如果正如Smithey所认为的那样,这种暴力的原因完全植根于父权资本主义,男性对女性的压迫,以及对抚养孩子的压力和压力的贬低和忽视。女性作为罪犯的代理问题几十年来一直是女权主义犯罪学的焦点,这仍然需要理论化,特别是考虑到对犯罪活动的社会学分析,比如斯密西提供的。总的来说,这是一本引人注目的书,提供了对母亲对婴儿的暴力问题的一个很好的概述。所呈现的数据和社会学理论令人印象深刻。这本书写得很好,读者通过理论,确定了致命的母亲暴力的步骤。从访谈中挑选的摘录增加了理论的深度和活力,支持了史密斯的论点,促进了理解。
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引用次数: 0
Book review: Queer Histories and the Politics of Policing (Queering Criminology and Criminal Justice), by Emma K Russell 书评:《酷儿历史与警务政治》(《酷儿犯罪学与刑事司法》),作者:艾玛·K·罗素
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-02-14 DOI: 10.1177/1748895820918444
Justin Bengry
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引用次数: 0
Disentangling practitioners’ understandings of child sexual exploitation: The risks of assuming otherwise? 解开从业者对儿童性剥削的理解:假设不是这样的风险?
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-02-10 DOI: 10.1177/1748895821993525
S. Weston, Gabe Mythen
This article reports findings from a qualitative study investigating the efficacy and the effects of a child sexual exploitation awareness raising intervention with young people. Drawing on in-depth interviews with members of a multi-agency team set up to prevent child sexual exploitation, we elucidate the way in which practitioners communicate the problem of child sexual exploitation and how risk registers are deployed to assess the dangerousness of young people’s behaviours. In examining practitioners’ understandings of child sexual exploitation, we illuminate the ways in which educative interventions in this domain are informed by a confluence of policy guidelines and personal/experiential perceptions. Unravelling the tensions arising between these two frames of interpretation, we illustrate that – despite routine recourse to embedded professional knowledge – underlying moral and cultural assumptions alongside anxieties about childhood sexuality influence practitioners’ understandings of the nature of risk, who is at risk and the context in which risks manifest themselves.
本文报告了一项定性研究的结果,该研究调查了对年轻人进行儿童性剥削提高认识干预的效果和影响。通过对为防止儿童性剥削而成立的多机构小组成员的深入采访,我们阐明了从业者沟通儿童性剥削问题的方式,以及如何部署风险登记册来评估年轻人行为的危险性。在研究从业者对儿童性剥削的理解时,我们阐明了这一领域的教育干预措施是如何通过政策指导方针和个人/经验观念的融合来提供信息的。解开这两种解释框架之间产生的紧张关系,我们表明,尽管通常求助于嵌入式专业知识,但潜在的道德和文化假设以及对儿童性行为的焦虑影响着从业者对风险性质、谁处于风险中以及风险表现的背景的理解。
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引用次数: 3
Exploring criminal justice policy transfer models and mobilities using a case study of violence reduction 通过减少暴力的案例研究探讨刑事司法政策的转移模式和流动性
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-02-08 DOI: 10.1177/1748895821991607
William Graham, A. Robertson
Although there is growing interest in criminal justice policy transfer, a dearth of empirical research in this area has been acknowledged. This article addresses this gap by presenting the results of research conducted on a case of policy transfer of a criminal justice programme, focused on group/gang violence reduction, from America to Scotland. Policy transfer models were used to develop, frame and conduct the analysis of what was considered a ‘successful’ programme transfer; however, it was found that no single model could fully account conceptually for a key finding of the research, namely a policy transfer ‘backflow’. This article details the key processes, mechanisms and outcomes of the policy transfer and in doing so reflects on the usefulness of orthodox and non-orthodox/social-constructionist policy transfer approaches in understanding the outcomes of this case of criminal justice programme transfer.
虽然人们对刑事司法政策转移的兴趣越来越大,但人们承认,这方面的实证研究缺乏。本文通过介绍对刑事司法方案(侧重于减少团体/帮派暴力)从美国到苏格兰的政策转移案例的研究结果,解决了这一差距。政策转移模型被用来制定、构建和分析什么是“成功的”方案转移;然而,研究发现,没有一个单一的模型可以在概念上完全解释研究的一个关键发现,即政策转移“回流”。本文详细介绍了政策转移的关键过程、机制和结果,并在此过程中反映了正统和非正统/社会建构主义政策转移方法在理解刑事司法方案转移案件结果方面的有用性。
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引用次数: 4
Silence, joint enterprise and the legal trap 沉默、联合企业与法律陷阱
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-02-08 DOI: 10.1177/1748895821991622
Susie Hulley, T. Young
The so-called ‘wall of silence’ presents a threat to successful police investigations and criminal trials. Explanations for it have focused on cultural narratives, including distrust in the police, a ‘no snitching’ culture and manipulative ‘professional criminals’. Drawing on a study of serious multi-handed violence and ‘joint enterprise’ as a legal response, this article highlights the role of the law, and its agents, in generating silence among young suspects, whose primary concern is the legal risks of talking. Yet, these young people face a precarious trap, as their silence is interpreted as guilt by the police, propelling them towards charge. This article concludes that to avoid over-charging and to encourage young people with knowledge of serious violence to talk, structural change is needed. The system must reverse the legal rules regarding silence and reform the law on secondary liability to reduce the legal risks of talking.
所谓的“沉默之墙”对警方的成功调查和刑事审判构成了威胁。对这一现象的解释主要集中在文化叙事上,包括对警察的不信任、“禁止告密”的文化和善于操纵的“职业罪犯”。通过对严重的多手暴力和作为法律回应的“联合企业”的研究,本文强调了法律及其代理人在使年轻嫌疑人保持沉默方面的作用,他们主要担心的是说话的法律风险。然而,这些年轻人面临着一个危险的陷阱,因为他们的沉默被警察解释为有罪,推动他们走向指控。这篇文章的结论是,为了避免过度收费,并鼓励了解严重暴力的年轻人说话,需要进行结构性改革。该制度必须扭转关于沉默的法律规则,改革关于次要责任的法律,以减少说话的法律风险。
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引用次数: 2
A new front in the history wars? Responding to Rubenhold’s feminist revision of the Ripper 历史战争的新战线?回应鲁本霍尔德对开膛手的女权主义修正
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-02-05 DOI: 10.1177/1748895821992460
P. Bleakley
Hallie Rubenhold’s The Five: The Untold Lives of the Women Killed By Jack the Ripper has drawn the criticism of the community of amateur sleuths dubbed ‘Ripperologists’ for its revisionist perspective, which claims that the canonical five victims of Jack the Ripper were not all sex workers. Rubenhold’s victim-centred approach has opened a new front in the history wars, as Ripperologists accuse her of historical denialism in pursuit of a feminist agenda. This article assesses Rubenhold’s methods, and her contribution to historical criminology, as well as considering why dominant historical narratives of crime prove so resistant to reinterpretation.
哈莉·鲁本霍尔德的《五人:被开膛手杰克杀害的女人的不为人知的生活》因其修正主义的观点而受到业余侦探社区的批评,这些业余侦探被称为“开膛手学家”,它声称开膛手杰克的五个典型受害者并不都是性工作者。鲁本霍尔德以受害者为中心的方法在历史战争中开辟了一条新战线,因为开膛手学家指责她为了追求女权主义议程而否认历史。本文评估了Rubenhold的方法,以及她对历史犯罪学的贡献,并考虑了为什么主流的犯罪历史叙述如此难以重新解释。
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引用次数: 1
‘Dragonisation’ revisited: A progressive criminal justice policy in Wales? “龙化”重访:威尔士进步的刑事司法政策?
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-02-01 DOI: 10.1177/1748895821990428
Jonathan Evans, R. Jones, Nerys Musgrove
The concept of ‘dragonisation’ was the first authoritative attempt to engage with criminal justice policy in post-devolution Wales. Its central claim, that devolution created the space and conditions for progressive justice policy to flourish in Wales while remaining part of the unitary England and Wales jurisdiction, remains largely unchallenged more than a decade since it first entered Welsh criminological vocabulary. By reviewing policy developments and drawing upon empirical research, this article revisits dragonisation to assess the extent to which Welsh policy has continued to diverge from England since the formative years of devolution. The arguments presented here contribute to emerging discussions over the future of criminal justice policy in Wales and form part of a wider criminological research agenda aimed at producing fine-grained territorial analyses of criminal justice practices, including differences within the same jurisdiction.
“dragonisation”的概念是权力下放后威尔士首次尝试参与刑事司法政策。它的核心主张是,权力下放为进步司法政策在威尔士蓬勃发展创造了空间和条件,同时仍然是英格兰和威尔士统一管辖区的一部分,自它首次进入威尔士犯罪学词汇以来的十多年里,它基本上没有受到质疑。通过回顾政策发展并借鉴实证研究,本文重新审视了德拉贡主义,以评估自权力下放形成之年以来,威尔士政策与英格兰的分歧程度。这里提出的论点有助于对威尔士刑事司法政策的未来进行新的讨论,并构成更广泛的犯罪学研究议程的一部分,该议程旨在对刑事司法实践进行精细的地域分析,包括同一管辖范围内的差异。
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引用次数: 5
Exploring the role of Spanish judges in the investigation and prosecution of human trafficking for the purpose of sexual exploitation 探讨西班牙法官在调查和起诉为性剥削目的贩运人口方面的作用
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-01-18 DOI: 10.1177/1748895820984820
Carmen Meneses-Falcón, Antonio Rúa-Vieites, Jorge Uroz-Olivares
This study explores the difficulties that Spanish judges face during the judicial investigation and trial of the trafficking of human beings for sexual exploitation. Here, we highlight the issues of judges’ lack of training and the saturation of the courts due to the excessive work that these crimes entail. To collect data, responses from 71 Spanish judges were collected through a questionnaire, and nine semi-structured interviews were conducted in three Spanish provinces (Barcelona, Malaga and Madrid). Noteworthy findings include the fact that almost half of the judges had dealt with a case involving this type of crime and that a third ended up closing the case. In the responses received, the lack of victims’ collaboration in the judicial process was highlighted as one of the difficulties as was the lack of resources to investigate these crimes and the involvement of other crimes.
本研究探讨了西班牙法官在对贩运人口进行性剥削的司法调查和审判过程中面临的困难。在这里,我们强调了法官缺乏培训以及由于这些罪行所带来的过度工作而导致法院饱和的问题。为了收集数据,通过问卷调查收集了71名西班牙法官的答复,并在西班牙三个省(巴塞罗那、马拉加和马德里)进行了九次半结构化访谈。值得注意的调查结果包括,几乎一半的法官处理过涉及这类犯罪的案件,三分之一的法官最终结案。在收到的答复中,强调受害者在司法程序中缺乏合作是困难之一,缺乏调查这些罪行和涉及其他罪行的资源也是困难之一。
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引用次数: 2
Correctional oversight bodies’ resources and protections across the European Union: Are their hands tied? 欧盟各地惩教监督机构的资源和保护:他们被束缚了吗?
IF 1.5 3区 社会学 Q1 Social Sciences Pub Date : 2021-01-12 DOI: 10.1177/1748895820986966
E. Aizpurua, M. Rogan
Oversight bodies play a critical role in upholding human rights standards in prison. Several international instruments require states to establish independent forms of prison oversight and to give them the powers they need to conduct their work. Resources are central to the effectiveness and independence of oversight bodies. Of equal importance is the ability of prison oversight bodies to offer protections against reprisals for those who choose to speak to them and for their own staff. In this article, we provide results from the first survey of prison oversight bodies in the European Union and the United Kingdom, focusing on the resources and protections which prison oversight bodies in these states have to enable them to conduct their work. Our results suggest the need to strengthen the financial independence of prison oversight bodies, with slightly less than half of the bodies having their own budget to monitor prisons. Bodies which had their own budgets had a greater number of staff members and a greater variety of professional backgrounds among their members, likely influencing their ability to fulfil their mandate. Our results also point to the need to develop further protection mechanisms against reprisals for those who speak with inspectors as well as for staff from prison oversight bodies.
监督机构在维护监狱人权标准方面发挥着关键作用。若干国际文书要求各国建立独立形式的监狱监督,并赋予其开展工作所需的权力。资源对监督机构的效力和独立性至关重要。同样重要的是,监狱监督机构是否有能力保护那些选择向它们说话的人及其工作人员不受报复。在本文中,我们提供了对欧盟和英国监狱监督机构的首次调查结果,重点关注这些国家的监狱监督机构为开展工作所拥有的资源和保护。我们的研究结果表明,需要加强监狱监督机构的财政独立性,只有略少于一半的机构有自己的预算来监督监狱。拥有自己预算的机构的工作人员人数较多,其成员的专业背景也更为多样化,这可能影响到它们履行任务的能力。我们的研究结果还指出,有必要进一步制定保护机制,防止与检查员交谈的人以及监狱监督机构的工作人员遭到报复。
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引用次数: 4
期刊
Criminology & Criminal Justice
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