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Six Questions About Overcriminalization 关于过度定罪的六个问题
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2022-07-25 DOI: 10.1146/annurev-criminol-030421-040411
Douglas Husak
The allegation that criminal justice systems (and that of the United States in particular) have become guilty of overcriminalization is widely accepted by academics and practitioners on nearly all points along the political spectrum (Dillon 2012). Many commentators respond by recommending that states decriminalize given kinds of conduct that supposedly exemplify the problem. I urge those who are theoretically minded to proceed cautiously and address several preliminary matters that must be resolved before genuine progress is possible. In the absence of a position on several controversial normative and conceptual issues, discussions of overcriminalization and decriminalization are bound to be oversimplified and superficial. My review is organized around six of these issues. I invite commentators to examine ( a) what the criminal law is; ( b) what overcriminalization means; ( c) why overcriminalization is thought to be pernicious; ( d) whether overcriminalization is a de jure or de facto phenomenon, i.e., whether it is a function of the law on the books or the law in action; ( e) what normative criteria might be invoked to alleviate the predicament; and (  f ) whether and to what extent overcriminalization is a serious concern in our penal system. Even though these six issues are analytically distinct, positions about one invariably blur into commitments about the others. Although theorists rarely dissent from the claim that states are guilty of something called overcriminalization, uncertainties about the foregoing topics mar their treatments. I conclude that a deep understanding of the problem of overcriminalization depends on how these six issues are resolved. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
关于刑事司法系统(尤其是美国的司法系统)已经犯有过度刑事化的指控,几乎在政治光谱的所有方面都被学者和从业者广泛接受(Dillon 2012)。许多评论人士的回应是建议各州将某些被认为是问题例证的行为合法化。我敦促那些有理论头脑的人谨慎行事,处理在可能取得真正进展之前必须解决的几个初步问题。在对若干有争议的规范和概念问题缺乏立场的情况下,关于过度定罪和非定罪的讨论必然过于简单化和肤浅。我的评论围绕其中的六个问题展开。我邀请评论员来研究(a)什么是刑法;(b)过度定罪意味着什么;(c)为什么过度定罪被认为有害;(d)过度定罪是一种法律上的现象还是事实上的现象,即它是书面法律的功能还是实际法律的功能;(e)可援引哪些规范性标准来减轻这种困境;(f)过度定罪是否以及在何种程度上是我们刑事制度中的一个严重问题。尽管这六个问题在分析上是截然不同的,但对其中一个问题的立场总是模糊成对其他问题的承诺。尽管理论家们很少反对国家犯有所谓过度刑事化的说法,但上述主题的不确定性损害了他们的处理。我的结论是,对过度定罪问题的深刻理解取决于如何解决这六个问题。预计《犯罪学年度评论》第6卷的最终在线出版日期是2023年1月。修订后的估计数请参阅http://www.annualreviews.org/page/journal/pubdates。
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引用次数: 0
Don't Call It a Comeback: The Criminological and Sociological Study of Subfelonies 不要称之为回归:次重罪的犯罪学和社会学研究
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2022-01-13 DOI: 10.1146/annurev-criminol-070221-024802
Issa Kohler-Hausmann
After featuring prominently in early law and society research, the study of subfelony enforcement and processing was largely eclipsed by the study of mass incarceration. Of late, the subject matter has enjoyed a resurgence. This review addresses what things might be included in a study of subfelonies, what aspects about them researchers have studied, and why it might be theoretically interesting to study them.
在早期的法律和社会研究中占有突出地位之后,对次重罪的执行和处理的研究在很大程度上被对大规模监禁的研究所掩盖。最近,这一主题又重新流行起来。这篇综述阐述了亚重罪研究中可能包括的内容,研究人员研究了亚重罪的哪些方面,以及为什么研究亚重罪在理论上可能很有趣。
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引用次数: 2
Assessing the Impact of the Violence Against Women Act 评估《暴力侵害妇女法》的影响
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2022-01-13 DOI: 10.1146/annurev-criminol-030920-095322
Leigh Goodmark
The Violence Against Women Act (VAWA) has been hailed as the federal government's signature legislation responding to gender-based violence. VAWA, passed in 1994 and reauthorized three times since then, has created several new programs and protections for victims of gender-based violence. VAWA is, however, primarily a funding bill and what it primarily funds is the criminal legal system. But the criminal legal response to gender-based violence has not been effective in decreasing rates of gender-based violence or deterring violence. A VAWA that discontinued funding for the criminal legal system and instead focused on economics, prevention, and community-based resources—a noncarceral VAWA—could better meet the needs of victims of gender-based violence and target the underlying causes of that violence.
《暴力侵害妇女法》被誉为联邦政府应对基于性别的暴力的标志性立法。VAWA于1994年通过,此后三次重新授权,为基于性别的暴力受害者制定了几个新的计划和保护措施。然而,VAWA主要是一项资助法案,它主要资助的是刑事法律体系。但是,针对基于性别的暴力的刑事法律对策并没有有效降低基于性别暴力的发生率或遏制暴力。VAWA停止了对刑事法律系统的资助,转而专注于经济、预防和基于社区的资源——一种非永久性的VAWA——可以更好地满足基于性别的暴力受害者的需求,并针对暴力的根本原因。
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引用次数: 0
The Justice Department's Pattern-or-Practice Police Reform Program, 1994–2017: Goals, Achievements, and Issues 司法部模式或实践警察改革计划,1994-2017:目标、成就和问题
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2022-01-13 DOI: 10.1146/annurev-criminol-030920-102432
Samuel Walker
The Department of Justice's pattern-or-practice police reform program has been an unprecedented event in American policing, intervening in local and state law enforcement agencies as never before and requiring a sweeping package of reforms. The program has reached reform settlements with forty agencies, including twenty with judicially enforced consent decrees. Academic research on the program, however, has been fairly modest. Social scientists have largely focused on a few selected issues. There is no study of the full impact of the program on one agency, and there is no comprehensive study of the impact of the program as a whole. Evaluations of individual agencies have been generally favorable, although with backsliding in some agencies. This review argues that the combination of several major goals and the various elements of specific consent decree reforms have created a web of accountability that is unmatched by any previous police reform effort. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
司法部的模式或实践警察改革计划是美国警务领域前所未有的事件,前所未有地干预了地方和州执法机构,并要求进行全面的改革。该计划已经与40个机构达成了改革协议,其中20个机构通过了司法强制执行的同意令。然而,对该项目的学术研究却相当有限。社会科学家主要关注一些选定的问题。没有研究该计划对一个机构的全面影响,也没有全面研究该计划的整体影响。对个别机构的评价总体上是有利的,尽管有些机构的评价有所倒退。这项审查认为,几个主要目标和具体同意令改革的各种要素相结合,形成了一个以往任何警察改革努力都无法比拟的问责网络。《犯罪学年度评论》第5卷预计最终在线出版日期为2022年1月。请参阅http://www.annualreviews.org/page/journal/pubdates用于修订估算。
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引用次数: 1
Bail and Pretrial Justice in the United States: A Field of Possibility 美国的保释与审前司法:一个可能性的领域
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2022-01-13 DOI: 10.1146/annurev-criminol-030920-093024
Joshua Page, Christine S. Scott-Hayward
In this review of scholarship on bail and pretrial justice in the United States, we analyze how the field of bail operates (and why it operates as it does), focusing on its official and unofficial objectives, core assumptions and values, power dynamics, and technologies. The field, we argue, provides extensive opportunities for generating revenue and containing, controlling, and changing defendants and their families. In pursuit of these objectives, actors consistently generate harms that disproportionately affect low-income people of color and amplify social inequalities. We close with an analysis of political struggles over bail, including current and emerging possibilities for both reformist and radical change. In this, we urge scholars toward sustained engagement with people and organizations in criminalized communities, which pushes scholars to reconsider our preconceptions regarding safety, justice, and the potential for systemic change and opens up new avenues for research and public engagement.
在这篇关于美国保释和审前司法的学术综述中,我们分析了保释领域是如何运作的(以及为什么它是这样运作的),重点关注其官方和非官方目标、核心假设和价值观、权力动态和技术。我们认为,该领域为创造收入、遏制、控制和改变被告及其家人提供了广泛的机会。在追求这些目标的过程中,行为者不断造成伤害,对低收入有色人种造成不成比例的影响,并加剧了社会不平等。最后,我们分析了保释问题上的政治斗争,包括当前和正在出现的改革派和激进变革的可能性。在这方面,我们敦促学者们与犯罪化社区的人们和组织进行持续的接触,这将促使学者们重新考虑我们对安全、正义和系统性变革潜力的先入为主的看法,并为研究和公众参与开辟新的途径。
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引用次数: 6
The Centrality of Child Maltreatment to Criminology. 儿童虐待在犯罪学中的中心地位。
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2022-01-01 DOI: 10.1146/annurev-criminol-030920-120220
Sarah A Font, Reeve Kennedy

Despite sufficient evidence to conclude that maltreatment exposure affects the risk of crime and delinquency, we conclude that the unique effects of child maltreatment on crime and delinquency, and the mechanisms through which those effects operate, remain poorly identified. Key challenges include insufficient attention to the overlap of child maltreatment with various forms of family dysfunction and adversity and a lack of comprehensive measurement of the multiple, often comorbid, forms of child maltreatment. We then consider potential impacts of the child welfare system on the maltreatment-crime link. Because the child welfare system typically provides voluntary, short-term services of unknown quality, it likely neither increases nor reduces risks of delinquency and crime for most children who encounter it. For the comparatively small subset of children experiencing foster care, impacts on delinquency and crime likely vary by the quality of environments within and after their time in care - issues that, to date, have received too little attention.

尽管有足够的证据表明虐待会影响犯罪和少年犯罪的风险,但我们得出的结论是,儿童虐待对犯罪和少年犯罪的独特影响,以及这些影响的运作机制,仍然缺乏明确的认识。主要挑战包括对儿童虐待与各种形式的家庭功能障碍和逆境重叠的问题重视不足,以及缺乏对儿童虐待的多种形式(往往是合并症)的综合衡量。然后,我们考虑儿童福利制度对虐待-犯罪联系的潜在影响。由于儿童福利系统通常提供的是质量未知的自愿短期服务,因此对于大多数遇到这种情况的儿童来说,它既不会增加也不会减少犯罪和犯罪的风险。对于经历寄养的相对较小的一部分儿童来说,对犯罪和犯罪的影响可能会因寄养期间和寄养后的环境质量而有所不同——迄今为止,这些问题得到的关注太少了。
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引用次数: 10
Sanctions, Perceptions, and Crime 制裁、认知和犯罪
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2021-10-04 DOI: 10.1146/annurev-criminol-030920-112932
R. Apel
The interplay of sanctions, perceptions, and crime has special significance in criminology and is central to a long tradition of perceptual deterrence research as well as to more recent scholarship on crime decision-making. This article seeks to review this body of research as it pertains to three basic questions. First, are people's perceptions of punishment accurate? The evidence indicates that people are generally but imperfectly aware of punishments allowed under the law but are nevertheless sensitive to changes in enforcement, especially of behaviors that are personally relevant. Second, does potential apprehension affect people's perceived risk and behavior when faced with a criminal opportunity? A highly varied body of literature supports the conclusion that perceptions are sensitive to situational cues and that behavior is sensitive to perceived risk, but these links can be weakened when individuals are in emotionally or socially charged situations. Third, do people revise their risk perceptions in response to crime and punishment experiences? Studies of perceptual change support the contention that people systematically update their perceptions based on their own and others’ experiences with crime and punishment. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
制裁、感知和犯罪的相互作用在犯罪学中具有特殊的意义,并且是感知威慑研究的悠久传统以及最近关于犯罪决策的学术研究的核心。本文试图回顾这一研究机构,因为它涉及三个基本问题。首先,人们对惩罚的感知是否准确?证据表明,人们一般但不完全了解法律允许的惩罚,但对执法的变化,特别是对与个人有关的行为很敏感。第二,潜在的逮捕是否会影响人们面对犯罪机会时的感知风险和行为?各种各样的文献都支持这样的结论,即感知对情境线索敏感,行为对感知到的风险敏感,但当个人处于情感或社交紧张的情况下,这些联系可能会减弱。第三,人们是否会根据犯罪和惩罚经历改变他们的风险认知?对知觉变化的研究支持这样一种观点,即人们根据自己和他人的犯罪和惩罚经历系统地更新自己的知觉。预计犯罪学年度评论第5卷的最终在线出版日期是2022年1月。修订后的估计数请参阅http://www.annualreviews.org/page/journal/pubdates。
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引用次数: 7
The Impact of Incarceration on Recidivism 监禁对累犯的影响
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2021-09-29 DOI: 10.1146/annurev-criminol-030920-112506
Charles E. Loeffler, D. Nagin
The US prison population stands at 1.43 million persons, with an additional 740,000 persons in local jails. Nearly all will eventually return to society. This review examines the available evidence on how the experience of incarceration is likely to impact the probability that formerly incarcerated individuals will reoffend. Our focus is on two types of studies, those based on the random assignments of cases to judges, called judge instrumental-variable studies, and those based on discontinuities in sentence severity in sentencing grids, called regression discontinuity studies. Both types of studies are designed to account for selection bias in nonexperimental estimates of the impact of incarceration on reoffending. Most such studies find that the experience of postconviction imprisonment has little impact on the probability of recidivism. A smaller number of studies do, however, find significant effects, both positive and negative. The negative, recidivism-reducing effects are mostly in settings in which rehabilitative programming is emphasized and the positive, criminogenic effects are found in settings in which such programming is not emphasized. The findings of studies of pretrial incarceration are more consistent—most find a deleterious effect on postrelease reoffending. We also conclude that additional work is needed to better understand the heterogeneous effects of incarceration as well as the mechanisms through which incarceration effects, when observed, are generated. For policy, our conclusion of the generally deleterious effect of pretrial detention adds to a larger body of evidence pointing to the social value of limiting. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
美国监狱人口为143万人,另外还有74万人在地方监狱。几乎所有人最终都会回归社会。本综述考察了监禁经历如何可能影响以前被监禁的人再次犯罪的可能性的现有证据。我们的重点是两种类型的研究,一种是基于随机分配给法官的案件,称为法官工具变量研究,另一种是基于量刑网格中判决严重程度的不连续,称为回归不连续研究。这两种类型的研究都是为了解释监禁对再犯影响的非实验估计中的选择偏差。大多数此类研究发现,定罪后监禁的经历对再犯的概率影响不大。然而,少数研究确实发现了显著的影响,既有积极的,也有消极的。减少累犯的消极影响主要出现在强调康复方案的环境中,而积极的犯罪影响则出现在不强调这种方案的环境中。对审前监禁的研究结果更为一致——大多数研究发现,审前监禁对释放后的再犯有有害影响。我们还得出结论,需要做更多的工作来更好地理解监禁的异质性效应,以及观察到的监禁效应产生的机制。就政策而言,我们关于审前拘留的普遍有害影响的结论,增加了更多的证据,指向限制的社会价值。预计犯罪学年度评论第5卷的最终在线出版日期是2022年1月。修订后的估计数请参阅http://www.annualreviews.org/page/journal/pubdates。
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引用次数: 32
Analytic Criminology: Mechanisms and Methods in the Explanation of Crime and its Causes 分析犯罪学:解释犯罪及其原因的机制与方法
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2021-09-23 DOI: 10.1146/annurev-criminol-030920-091320
P. Wikström, Clemens Kroneberg
Criminology is a smorgasbord of disparate theory and poorly integrated research findings. Theories tend to focus either on people's crime propensity or the criminogenic inducements of environments; rarely are these two main approaches effectively combined in the analysis of crime and its causes. Criminological research often either avoids questions of causation and explanation (e.g., risk factor approach) or is based on research designs that yield highly partial accounts (e.g., place-oriented experimental work). To advance knowledge about crime and its causes and prevention, we argue that there is a need for an analytic criminology that allows key theoretical insights and central empirical findings about people's crime propensities and environments’ criminogenic inducements and their combination to be integrated based on an adequate action theory. In this review, we outline this approach and its main methodological implications and discuss how its focus on why and how questions leads to a characteristic integration of theory development, methods, and research. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
犯罪学是一个由不同的理论和综合性较差的研究结果组成的大杂烩。理论倾向于关注人们的犯罪倾向或环境的犯罪诱因;在分析犯罪及其原因时,这两种主要方法很少有效地结合在一起。犯罪学研究通常要么避免因果关系和解释问题(例如,风险因素方法),要么基于产生高度偏倚的研究设计(例如,面向地点的实验工作)。为了提高对犯罪及其原因和预防的认识,我们认为有必要建立一种分析犯罪学,使人们的犯罪倾向和环境的犯罪诱因及其组合的关键理论见解和中心实证结果能够基于适当的行动理论进行整合。在这篇综述中,我们概述了这种方法及其主要的方法论含义,并讨论了它对为什么以及如何问题的关注如何导致理论发展、方法和研究的特征性整合。《犯罪学年度评论》第5卷预计最终在线出版日期为2022年1月。请参阅http://www.annualreviews.org/page/journal/pubdates用于修订估算。
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引用次数: 13
Gang Research in the Twenty-First Century 二十一世纪的帮派研究
IF 6.9 1区 社会学 Q1 Social Sciences Pub Date : 2021-09-16 DOI: 10.1146/annurev-criminol-030920-094656
Caylin Louis Moore, Forrest Stuart
For nearly a century, gang scholarship has remained foundational to criminological theory and method. Twenty-first-century scholarship continues to refine and, in some cases, supplant long-held axioms about gang formation, organization, and behavior. Recent advances can be traced to shifts in the empirical social reality and conditions within which gangs exist and act. We draw out this relationship—between the ontological and epistemological—by identifying key macrostructural shifts that have transformed gang composition and behavior and, in turn, forced scholars to revise dominant theoretical frameworks and analytical approaches. These shifts include large-scale economic transformations, the expansion of punitive state interventions, the proliferation of the Internet and social media, intensified globalization, and the increasing presence of women and LGBTQ individuals in gangs and gang research. By introducing historically unprecedented conditions and actors, these developments provide novel opportunities to reconsider previous analyses of gang structure, violence, and other related objects of inquiry. Expected final online publication date for the Annual Review of Criminology, Volume 5 is January 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
近一个世纪以来,帮派研究一直是犯罪学理论和方法的基础。21世纪的学术继续完善,在某些情况下,取代了长期持有的关于帮派形成、组织和行为的公理。最近的进展可以追溯到经验社会现实和帮派存在和行动的条件的变化。我们通过识别改变帮派组成和行为的关键宏观结构转变,进而迫使学者修改主导的理论框架和分析方法,得出了这种本体论和认识论之间的关系。这些变化包括大规模的经济转型,惩罚性国家干预的扩大,互联网和社交媒体的扩散,全球化的加剧,以及女性和LGBTQ个人在帮派和帮派研究中的越来越多的存在。通过引入历史上前所未有的条件和行动者,这些发展为重新考虑以前对帮派结构、暴力和其他相关调查对象的分析提供了新的机会。预计犯罪学年度评论第5卷的最终在线出版日期是2022年1月。修订后的估计数请参阅http://www.annualreviews.org/page/journal/pubdates。
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引用次数: 5
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Annual Review of Criminology
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