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Human Smuggling: Structure and Mechanisms 人口走私:结构与机制
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2020-01-01 DOI: 10.1086/708663
Paolo Campana
Human smuggling is a form of illegal trade in which the commodity is an assisted illegal entry into a country. While this is hardly a new phenomenon, evidence points to increased involvement of smugglers in facilitating these journeys. This has been linked to the hardening of entry policies in developed countries. Smuggling markets tend to possess low barriers to entry and remarkably similar organizational arrangements in all the main smuggling routes in the world: no monopolies and small, localized, and rudimentary hierarchies. There are clear separations between migrant smugglers and their protectors and between migrant smugglers and drug traffickers. The limited empirical evidence suggests that, rather than being involved in other unrelated criminal activities, smugglers often run small-scale legitimate businesses. There is very little evidence of direct involvement of traditional mafia-like organizations. Finally, smugglers, often in competition to attract migrants, have developed diverse strategies to foster transactions, including investing in their reputations, offering warranties, and bringing in third-party escrow services. Recent developments in information technology have facilitated use of social media and the internet.
人口走私是一种非法贸易形式,其中商品是协助非法进入一个国家的。虽然这并不是一个新现象,但有证据表明,走私者越来越多地参与为这些旅行提供便利。这与发达国家强化入境政策有关。走私市场往往具有较低的进入壁垒,在世界上所有主要的走私路线上都有非常相似的组织安排:没有垄断,有小型、本地化和初级的等级制度。移民走私者与其保护者之间以及移民走私者与贩毒者之间存在明显的分离。有限的经验证据表明,走私者往往经营小规模合法企业,而不是参与其他无关的犯罪活动。几乎没有证据表明传统的类似黑手党的组织直接参与其中。最后,走私者往往在竞争中吸引移民,他们制定了各种策略来促进交易,包括投资于自己的声誉、提供担保和引入第三方托管服务。信息技术的最新发展促进了社交媒体和互联网的使用。
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引用次数: 18
Women in Organized Crime 有组织犯罪中的妇女
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2020-01-01 DOI: 10.1086/708622
Rossella Selmini
The involvement of women in organized criminal activities such as street gangs, mafias, and illegal transnational markets, including human trafficking, human smuggling, and drug trafficking, is an important but understudied subject. Gendered studies and feminist theories can improve current knowledge and provide important new insights. They can enhance understanding of women’s roles, behavior, motivations, and life stories in all forms of organized crime and challenge traditional and established ideas about victims, perpetrators, violence, and agency. Women, in all those settings, occupy both passive, subordinate roles and more active, powerful ones. However, ideas that greater emancipation, labor force participation, and formal equality of women in our time have fundamentally affected women’s involvement in organized crime have not been validated. Borders between victims and perpetrators are often blurred. More research is needed on the effects of globalization and technological change, on the salience of conceptions of masculinity in relation to organized crime, and on conceptualization of violence in women’s personal lives and criminal actions.
妇女参与街头帮派、黑手党和非法跨国市场等有组织犯罪活动,包括人口贩运、人口走私和毒品贩运,是一个重要但研究不足的问题。性别研究和女权主义理论可以改善现有知识,并提供重要的新见解。它们可以增强对妇女在各种形式的有组织犯罪中的角色、行为、动机和生活故事的理解,并挑战关于受害者、施暴者、暴力和代理的传统和既定观念。在所有这些环境中,妇女既扮演被动的从属角色,也扮演更积极、更有权势的角色。然而,在我们这个时代,更大的解放、劳动力参与和妇女的正式平等从根本上影响了妇女参与有组织犯罪的想法尚未得到证实。受害者和犯罪者之间的界限往往很模糊。需要对全球化和技术变革的影响、男子气概概念在有组织犯罪中的重要性以及妇女个人生活和犯罪行为中暴力的概念化进行更多的研究。
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引用次数: 11
Outlaw Motorcycle Clubs and Organized Crime 非法摩托车俱乐部和有组织犯罪
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2020-01-01 DOI: 10.1086/708926
K. Lampe, A. Blokland
Outlaw motorcycle clubs have spread across the globe. Their members have been associated with serious crime, and law enforcement often perceives them to be a form of organized crime. Outlaw bikers are disproportionately engaged in crime, but the role of the club itself in these crimes remains unclear. Three scenarios describe possible relations between clubs and the crimes of their members. In the “bad apple” scenario, members individually engage in crime; club membership may offer advantages in enabling and facilitating offending. In the “club within a club” scenario, members engage in crimes separate from the club, but because of the number of members involved, including high-ranking members, the club itself appears to be taking part. The club can be said to function as a criminal organization only when the formal organizational chain of command takes part in organization of the crime, lower level members regard senior members’ leadership in the crime as legitimate, and the crime is generally understood as “club business.” All three scenarios may play out simultaneously within one club with regard to different crimes.
非法摩托车俱乐部遍布全球。他们的成员与严重犯罪有关,执法部门经常认为他们是有组织犯罪的一种形式。非法的摩托车手参与犯罪的比例过高,但俱乐部本身在这些犯罪中所扮演的角色尚不清楚。三个场景描述了俱乐部和成员犯罪之间可能的关系。在“坏苹果”的情况下,成员单独犯罪;俱乐部的会员资格可能会为犯罪提供便利。在“俱乐部中的俱乐部”场景中,成员们从事的犯罪活动与俱乐部无关,但由于参与的成员数量众多,包括高级成员,俱乐部本身似乎也参与了犯罪活动。只有当正式的组织指挥系统参与组织犯罪,下级成员认为上级成员在犯罪中的领导是合法的,并且犯罪一般被理解为“俱乐部业务”时,俱乐部才可以说具有犯罪组织的功能。对于不同的犯罪,这三种情况可能同时在一个俱乐部中发生。
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引用次数: 16
Organized Crime and Criminal Careers 有组织犯罪与犯罪职业
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2020-01-01 DOI: 10.1086/707318
E. Kleemans, Vere van Koppen
Widely accepted findings in developmental and life-course criminology cannot be extended to criminal careers of organized crime offenders. While most offenders begin offending at a young age, criminal careers in organized crime are generally characterized by a late onset typically characterized by relatively serious offending. Different patterns exist for different groups, including early starters, adult-onset offenders, and offenders with no previous judicial contacts, but all studies find a significant share of adult-onset offenders. Social relationships, including family, friendship, and work ties, are importantly related to becoming involved in organized crime. Involvement mechanisms are diverse; both conventional and criminal capital are important. Children of organized crime offenders have a high risk of intergenerational continuity of crime. Factors that promote desistance for most offenders, such as employment, sometimes have different meanings for organized crime participants, as some occupations provide criminal opportunities and some work settings foster offender convergence. Widely used concepts such as specialization and desistance are less applicable because of the distinctive nature of organized crime offenses and careers. The most urgent issue for future research is to incorporate the roles of co-offenders into analyses of individual criminal careers.
在发展和生命过程犯罪学方面被广泛接受的研究结果不能扩展到有组织犯罪罪犯的犯罪生涯。虽然大多数罪犯在年轻时就开始犯罪,但有组织犯罪的犯罪生涯通常以起步较晚为特征,通常以相对严重的犯罪为特征。不同的群体存在不同的模式,包括早期犯罪者、成年犯罪者和以前没有司法接触的犯罪者,但所有研究都发现成年犯罪者的比例很大。社会关系,包括家庭、友谊和工作关系,与参与有组织犯罪有重要关系。参与机制多种多样;传统资本和刑事资本都很重要。有组织犯罪罪犯的子女具有代际犯罪连续性的高风险。促进大多数罪犯放弃的因素,例如就业,有时对有组织犯罪参与者具有不同的含义,因为有些职业提供犯罪机会,有些工作环境促进罪犯趋同。由于有组织犯罪和职业的独特性质,诸如专业化和制止等广泛使用的概念不太适用。未来研究最紧迫的问题是将共犯的角色纳入个人犯罪生涯的分析中。
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引用次数: 17
Collaboration and Boundaries in Organized Crime: A Network Perspective 有组织犯罪中的合作与边界:网络视角
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2020-01-01 DOI: 10.1086/708435
M. Bouchard
A network approach helps us better specify and model collaboration among people involved in organized crime. The focus on collaboration raises the boundary specification problem: Where do criminal organizations start, where do they end, and who is involved? Traditional approaches sometimes assume the existence of simple, rigid structures when complexity and fluidity are the norms. A network approach embraces this complexity conceptually and provides methodological guidelines for clarifying boundaries. Boundary specification in organized crime helps solve four puzzles. First, social boundaries: a network approach reduces confusion about social boundaries as criminal entrepreneurs interact with criminals and noncriminals in diverse contexts, only some of them illicit. Second, boundaries of group membership: network data and methods obviate the need for formal membership attributions. Third, ethnic boundaries network analyses reveal that the effective boundaries of criminal organizations are based on social relations, not attributes such as ethnicity. Fourth, recruitment: attending to the larger social environments in which organizations are embedded provides a clearer view of how mechanisms of recruitment cross seemingly rigid boundaries between members and prospective members.
网络方法有助于我们更好地明确和示范参与有组织犯罪的人之间的合作。对合作的关注引发了边界规范问题:犯罪组织从哪里开始,在哪里结束,谁参与其中?传统方法有时假设存在简单的刚性结构,而复杂性和流动性是规范。网络方法在概念上包含了这种复杂性,并提供了澄清边界的方法指导。有组织犯罪的边界规范有助于解决四个难题。首先,社会边界:网络方法减少了对社会边界的混淆,因为犯罪企业家在不同的背景下与犯罪分子和非犯罪分子互动,其中只有一些是非法的。第二,群体成员的边界:网络数据和方法消除了对正式成员归属的需要。第三,族群边界网络分析表明,犯罪组织的有效边界是基于社会关系而非族群等属性。第四,招聘:关注组织所在的更大的社会环境,可以更清楚地了解招聘机制如何跨越成员和潜在成员之间看似严格的界限。
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引用次数: 28
What Makes Mafias Different? 是什么让黑手党与众不同?
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2020-01-01 DOI: 10.1086/708826
L. Paoli
Organized crime, a fuzzy concept, has been defined in many different, sometimes contradictory ways. Five sets of mafia organizations have for decades been considered the core of organized crime: the American Cosa Nostra, the Italian Cosa Nostra and ‘Ndrangheta, Chinese triads, and Japanese yakuza. These organizations—mafias for short—share seven typifying characteristics: longevity and thus premodern roots and, with rare exceptions, male-only membership; large size; a formalized and complex internal structure; an elaborate cultural apparatus meant to generate lifelong commitment, new identity, and fictive kinship ties; multifunctionality; the goal of political dominion and capacity to provide governance services; and long-standing popular legitimacy and power-sharing with local state authorities. The first and the last characteristics point to reasons for the mafias’ consolidation and persistence: except for the American Cosa Nostra, all emerged in contexts of state weakness or absence and benefited from willingness of state representatives to acknowledge their power. Reduced willingness of state authorities and communities to accept mafias’ power, coupled with premodern features of their structure and culture, explain a further common trait: with the partial exception of the ‘Ndrangheta, all have experienced considerable decline in recent decades.
有组织犯罪是一个模糊的概念,有许多不同的,有时是相互矛盾的定义。几十年来,五大黑手党组织一直被认为是有组织犯罪的核心:美国的Cosa Nostra、意大利的Cosa Nostra和Ndrangheta、中国的三合会和日本的yakuza。这些组织(简称黑手党)有7个典型特征:长寿,因此有前现代的根源,除了极少数例外,成员都是男性;大尺寸;内部结构:正式的和复杂的内部结构;一种精心设计的文化装置,旨在产生终身承诺、新的身份和实际的亲属关系;多功能性;政治统治的目标和提供治理服务的能力;以及长期以来的民众合法性和与地方政府的权力分享。第一个和最后一个特征指出了黑手党巩固和持续存在的原因:除了美国的Cosa Nostra,所有这些都是在国家软弱或缺席的背景下出现的,并受益于国家代表承认其权力的意愿。国家当局和社区接受黑手党权力的意愿降低,再加上其结构和文化的前现代特征,解释了另一个共同特征:除了“Ndrangheta”的部分例外,近几十年来,所有这些组织都经历了相当大的衰落。
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引用次数: 10
How Mafias Migrate: Transplantation, Functional Diversification, and Separation 黑手党如何迁移:移植、功能多样化和分离
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2020-01-01 DOI: 10.1086/708870
Federico Varese
Many policy makers and some academics believe that mafias move easily between countries and with little difficulty quickly become deeply rooted. The reality is more complicated. Mafiosi often move away from their home territories because they are forced to do so rather than because they relocate for strategic reasons; that kind of transplantation abroad tends to be unsuccessful. Whether transplantation succeeds depends on the presence of mafiosi and local factors, such as whether markets, construction, or illegal drugs are booming and poorly regulated. Under some conditions, transplantation results in wholesale separation between the original organization and the outpost. Mafiosi abroad often neither plan nor hope to achieve the kinds of control of territories, industries, and markets they exercise at home but to buy or sell illegal commodities, thereby engaging in a process of functional diversification.
许多政策制定者和一些学者认为,黑手党在国家之间流动很容易,而且很快就会根深蒂固。现实情况更为复杂。黑手党经常离开他们的家乡,因为他们是被迫离开的,而不是因为他们出于战略原因搬迁;国外的那种移植往往是不成功的。移植是否成功取决于黑手党和当地因素的存在,例如市场、建筑或非法药物是否蓬勃发展和监管不力。在某些情况下,移植会导致原始组织和前哨之间的大规模分离。国外的黑手党通常既不计划也不希望实现对国内领土、行业和市场的控制,而是买卖非法商品,从而参与功能多样化的过程。
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引用次数: 14
Index 指数
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2019-05-01 DOI: 10.1086/703453
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引用次数: 0
The Wild West of Sentencing Reform: Lessons from California 量刑改革的狂野西部:加州的经验教训
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2019-01-01 DOI: 10.1086/701714
R. Weisberg
As the United States became notorious for mass incarceration, California received outsized attention. Not so much for the sheer volume of California imprisonment but because of its chaotic operation. Populist political mood swings led to Eighth Amendment violations that caused a federal court to declare the whole system unconstitutional, a decision ultimately upheld by the US Supreme Court in Brown v. Plata, 563 U.S. 493 (2011). The state responded with innovations commonly referred to as realignment, which include a dramatic devolution of incarcerative power from state to county, among other major changes. Disaster has been avoided, thanks to clever low-level and low-visibility workings of legal and political mechanisms to control populist democracy. But the DNA of California’s mode of governing cautions that nothing remains stable without foundational reform.
当美国因大规模监禁而臭名昭著时,加州受到了极大的关注。不是因为加州监狱的数量,而是因为其混乱的运作。民粹主义政治情绪的波动导致违反第八修正案,导致联邦法院宣布整个制度违宪,这一决定最终由美国最高法院在Brown v. Plata, 563 U.S. 493(2011)中维持。作为回应,该州采取了一些创新措施,通常被称为重新调整,其中包括将监禁权从州大幅下放到县,以及其他重大变化。灾难得以避免,这要归功于控制民粹主义民主的法律和政治机制巧妙的低级别和低可见度运作。但加州治理模式的基因提醒我们,没有根本性的改革,任何事情都不会保持稳定。
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引用次数: 3
The Evolution of Sentencing Guidelines in Minnesota and England and Wales 明尼苏达州、英格兰和威尔士量刑指南的演变
2区 社会学 Q1 CRIMINOLOGY & PENOLOGY Pub Date : 2019-01-01 DOI: 10.1086/701797
Julian V. Roberts
Sentencing guidelines were an exclusively American enterprise until recently. Since 2004, however, other countries have joined in. Contrasting approaches are exemplified by systems developed by the Minnesota Sentencing Guidelines Commission and the Sentencing Council of England and Wales. Minnesota’s guidelines are set out in grids that categorize cases by offense and criminal history. Each cell sets out ranges of sentences that are presumed to be appropriate. The English guidelines are step-by-step decision trees, one for each principal offense category. Each jurisdiction created an approach that fits its sentencing environment. The Minnesota grids are more restrictive and generate high levels of judicial conformity and consistency. The English guidelines allow greater discretion, possibly at the cost of consistency. However, the English approach provides ampler guidance on use of different dispositions, sentencing of multiple crimes, appropriate reductions to reflect guilty pleas, and other subjects. Neither the Minnesota Commission nor the English Council has been particularly self-critical. Minnesota’s main grid has changed little since 1980. England’s guidelines have evolved considerably, but the council has ignored calls to play a more active role in controlling the use of custody and hence the size of the prison population.
直到最近,量刑指南一直是美国独有的事业。然而,自2004年以来,其他国家也加入了进来。明尼苏达州量刑指南委员会和英格兰和威尔士量刑委员会开发的系统就是对比方法的例证。明尼苏达州的指导方针是按照犯罪和犯罪史对案件进行分类的网格。每个单元格都列出了被认为合适的句子范围。英语的指导方针是循序渐进的决策树,每个主犯类别都有一个。每个司法管辖区都制定了适合其量刑环境的方法。明尼苏达州的网格限制性更强,产生了高度的司法一致性和一致性。英国的指导方针允许更大的自由裁量权,可能会以一致性为代价。然而,英国的方法在不同处置方式的使用、多项罪行的量刑、反映认罪的适当减刑以及其他主题方面提供了更为典型的指导。明尼苏达委员会和英国议会都没有特别自我批评。明尼苏达州的主电网自1980年以来几乎没有变化。英格兰的指导方针已经发生了很大的变化,但该委员会忽视了在控制羁押使用以及监狱人口规模方面发挥更积极作用的呼吁。
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引用次数: 9
期刊
Crime and Justice-A Review of Research
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