Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law

Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.     

Self‐Esteem,the Fear of Crime,and the Decision to Protect Oneself From Victimization

This research extends prior work that examines self‐esteem as an outcome of protective behaviors against crime victimization by focusing instead on the moderating influence of self‐esteem on the relationship between the fear of crime and the decision to protect oneself from victimization. The fear of crime is conceptualized as two separate components (fear of victimization and perceived risk) in accordance with prior work. Self‐esteem is conceptualized as three separate components (worth, efficacy, and authenticity), and measured with a recently designed instrument for capturing each aspect of self‐esteem separately. Data are collected through surveys of a population at high risk for victimization (undergraduate college students). Logistic regression analyses demonstrate that self‐esteem does play a role for deciding whether to engage in protective behaviors, and that the specific components of self‐esteem moderate defensive behavioral outcomes differently. Specifically, the self‐worth, self‐efficacy, and authenticity components of self‐esteem influence the decision to carry protection, but not the decision to take a self‐defense class. Implications for both the fear of crime and self‐esteem literatures are addressed.     

犯罪圈的扩张及其合理限制——以我国刑事立法的变迁为视角

犯罪圈的扩张是我国刑事立法的主导方向,现代化的发展、权利的保护是犯罪圈在特定时期不断扩大的主要原因。立法上的犯罪化的内在根据,在于行为具有应受刑罚处罚程度的社会危害性。犯罪圈的扩张应当受到合理限制：遵循刑法的谦抑性原则,考虑新增罪名与其他罪名的关系,考虑国民的感受与认同并理性对待民意,在注重入罪的同时,也应做到及时地出罪。     

Mentoring Siblings of Gang Members: A Template for Reaching Families of Gang Members?

Mentoring has become a popular model of intervention to reduce the risk of offending, and has been proposed as an effective tool to tackle the risk of gang membership. This paper reviews the existing literature on mentoring and reports on a qualitative evaluation of a mentoring programme targeted at young people ‘at risk’ of gang membership in an English city. The study highlights important issues around these interventions. Although we found it a useful way to engage otherwise hard‐to‐reach families, important limitations remain: their potential labelling impact and their limited impact in isolation from other more ambitious measures.     

Suicide,Religion, and Latinos: A Macrolevel Study of U.S. Latino Suicide Rates

Since the publication of Durkheim's Suicide more than a century ago, researchers have been examining the relationship between religion and suicide, and race/ethnicity and suicide. However, no study has examined how religion influences U.S. Latino suicide rates. This study fills a gap in the literature by applying three competing theses to the study of Latino suicide. Results show that (1) religious contextual variables significantly affect Latino suicide rates, (2) U.S.‐born Latinos benefit from religious communities, regardless of denomination or measurement used, and (3) foreign‐born Latinos only benefit from Catholic adherents and homogeneity.     

论聚众淫乱罪的刑事立法——以无被害人犯罪为研究视角

聚众淫乱罪属于无被害人犯罪的一种类型。我国刑法中聚众淫乱罪分为公然与秘密两种类型。从无被害人犯罪的角度,秘密的聚众淫乱行为入罪不具备法益侵害性、不符合刑法谦抑性、不符合社会需要和民意,应当除罪化。公然的聚众淫乱符合犯罪的本质,应当犯罪化。并且二人的公然淫乱也应当入罪。     

高校开设犯罪心理与自卫防身课程的价值与方案探讨

文章从理论层面和前瞻性角度分析论述了在市场化、智能化、信息化、国际化的社会发展中，论述了高校开设犯罪心理与自卫防身课程的必要性、可行性。同时对开设此类课程的方案进行了探讨。     

诈欺不法原因给付财物与利益之刑法分析

诈欺基于不法原因给付的财物或者财产性利益的场合下是否成立诈骗罪,德国、日本和我国的立法、判例和学说都有所不同。在诈欺的对象是财物的场合下,基于不法原因给付的财物在因诈欺行为交付之前,也是民事法上保护的对象等原因,应当肯定诈骗罪的成立。在诈欺的对象是财产性利益的场合下,不法利益本身并非民事法上应当得到保护的利益,不应得到刑法保护,应否定财产罪的成立。     

Changes in At-Risk American Men's Crime and Substance Use Trajectories Following Fatherhood

Fatherhood can be a turning point in development and in men's crime and substance use trajectories. At-risk boys (N = 206) were assessed annually from ages 12 to 31 years. Crime, arrest, and tobacco, alcohol, and marijuana use trajectories were examined. Marriage was associated with lower levels of crime and less frequent substance use. Following the birth of a first biological child, men's crime trajectories showed slope decreases, and tobacco and alcohol use trajectories showed level decreases. The older men were when they became fathers, the greater the level decreases were in crime and alcohol use and the less the slope decreases were in tobacco and marijuana use. Patterns are consistent with theories of social control and social timetables.     

The Guidance Function of Cases of Misappropriation of Public Funds in Transitional China—With the Reference to Criminal Trial of the Supreme People’s Court of China as a Sample of Analysis

相对于贪污、受贿等传统型腐败犯罪, 挪用公款罪不是常态性罪名, 而是针对社 会转型刑法应对的成果。该罪的立法、司法过程中存在着诸多纠结, 这使得判例参考 的价值凸显。最高人民法院十分重视对该罪判例的公布, 这为现实裁决提供了指导和 参考作用。最近10年所公布挪用公款罪判例折射出司法的重心是: 注重主体身份的实 质公务性、从形式合理性理解“归个人使用”、慎重解释“公款”的内涵。判例公布 在有利于同案同判的同时, 也成为促进理论与实践的助推器。

关键词: 腐败犯罪 挪用公款 社会转型 判例 ?刑事审判参考?

Compared with the traditional offenses of embezzlement, bribe-taking and so on, the misappropriation of public funds is not a routine charge but a result of the response of criminal law to social transition. The fact that a number of difficulties have arisen in legislative and judicial procedures relating to this offense makes the value of case reference material significant. The Supreme People’s Court of China attaches great importance to the publication of cases of misappropriation of public funds, which offer guidance and reference for real-life adjudication. Cases publicized in the last decade reflect a judicial emphasis—they focus on the official nature of the duties performed by the subject, on understanding “for individual use” from the viewpoint of formal rationality and on a cautious interpretation of the connotations of “public funds.” Publicizing such cases facilitates reaching the same verdict in similar cases and at the same time acts as a catalyst for the advancement of theory and practice.