Disorder in Urban Neighborhoods
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What Is an International Crime? (A Revisionist History)
\\jciprod01\productn\H\HLI\58-2\HLI205.txt unknown Seq: 1 14-FEB-18 9:00 Volume 58, Number 2, Spring 2017 What Is an International Crime? (A Revisionist History) Kevin Jon Heller* The question “what is an international crime?” has two aspects. First, it asks us to identify which acts qualify as international crimes. Second, and more fundamentally, it asks us to identify what is distinctive about an international crime. Some disagreement exists concerning the first issue, particularly with regard to torture and terrorism. But nearly all states, international tribunals, and ICL scholars take the same position concerning the second issue, insisting that an act qualifies as an international crime if—and only if—that act is universally criminal under international law. This definition of an international crime leads to an obvious question: how exactly does an act become universally criminal under international law? One answer, the “direct criminalization thesis” (DCT), is that certain acts are universally criminal because they are directly criminalized by international law itself, regardless of whether states criminalize them. Another answer, the “national criminalization the- sis” (NCT), rejects the idea that international law directly criminalizes particular acts. According to the NCT, certain acts are universally criminal because international law obligates every state in the world to criminalize them. This Article argues that if we take positivism seriously, as every international criminal tribunal since Nuremberg has insisted we must, the NCT provides the only coherent explanation of how international law can deem certain acts to be universally criminal. I. INTRODUCTION The question posed by the title of this Article has two aspects. -
Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense
63 Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense Article 15: Criminal Offense A criminal offense is an unlawful act: (a) that is prescribed as a criminal offense by law; (b) whose characteristics are specified by law; and (c) for which a penalty is prescribed by law. Commentary This provision reiterates some of the aspects of the principle of legality and others relating to the purposes and limits of criminal legislation. Reference should be made to Article 2 (“Purpose and Limits of Criminal Legislation”) and Article 3 (“Principle of Legality”) and their accompanying commentaries. Article 16: Criminal Responsibility A person who commits a criminal offense is criminally responsible if: (a) he or she commits a criminal offense, as defined under Article 15, with intention, recklessness, or negligence as defined in Article 18; IOP573A_ModelCodes_Part1.indd 63 6/25/07 10:13:18 AM 64 • General Part, Section (b) no lawful justification exists under Articles 20–22 of the MCC for the commission of the criminal offense; (c) there are no grounds excluding criminal responsibility for the commission of the criminal offense under Articles 2–26 of the MCC; and (d) there are no other statutorily defined grounds excluding criminal responsibility. Commentary When a person is found criminally responsible for the commission of a criminal offense, he or she can be convicted of this offense, and a penalty or penalties may be imposed upon him or her as provided for in the MCC. Article 16 lays down the elements required for a finding of criminal responsibility against a person. -
Guilt, Dangerousness and Liability in the Era of Pre-Crime
Please cite as: Getoš Kalac, A.M. (2020): Guilt, Dangerousness and Liability in the Era of Pre-Crime – the Role of Criminology? Conference Paper presented at the 2019 biannual conference of the Scientific Association of German, Austrian and Swiss Criminologists (KrimG) in Vienna. Forthcoming in: Neue Kriminologische Schriftenreihe der Kriminologischen Gesellschaft e.V., vol. 118, Mönchengladbach: Forum Verlag Godesberg. Guilt, Dangerousness and Liability in the Era of Pre-Crime – the Role of Criminology? To Adapt, or to Die, that is the Question!1 Anna-Maria Getoš Kalac Abstract: There is no doubt that, in terms of criminal policy, we have been living in an era of pre-crime for quite some time now. Whether we like it or not, times have changed and so has the general position on concepts of (criminal) guilt, dangerousness and liability. Whereas once there was a broad consensus that penal repression, at least in principle, should be executed in a strictly post-crime fashion, nowadays same consensus has been reached on trading freedom (from penal repression) for (promised) security, long before an ‘actual crime’ might even be committed. In this regard the criminalisation of endangerment and risks only nomotechnically solves the issue of ‘actual’ vs. ‘potential’ crimes – in essence it merely creates a normative fiction of pre-crime crimes, whereas in reality ‘actual crimes’ do not exist at all. The starting point of criminalisation has clearly shifted away from the guilt of having committed a crime, to the mere dangerousness of potentially committing a crime, which potential as such is purely hypothetical and beyond the grasp of empirical proof. -
Considerable Research Has Focused on the Impact That Urban Contexts Have on Crime Rates
Investigating the influence of neighborhood context on levels of violence in Medellín and Chicago Magdalena Cerdá, MPH DrPH 1 Jeffrey Morenoff, PhD 2 1Department of Epidemiology, School of Public Health, The University of Michigan 2Department of Sociology, The University of Michigan 1 Abstract Limited information is available about the ways communities impact violence in developing countries. We tested the association between neighborhood characteristics and violence in Medellín, Colombia, and Chicago, USA, using a household survey of 2494 respondents in 166 neighborhoods in Medellín, and 3094 respondents in 342 neighborhoods in Chicago. In Chicago, poverty and lower collective efficacy are predictive of higher perceptions of violence and rates of homicide. A closer examination by neighborhood poverty however, reveals that levels of perceived violence only differ by levels of collective efficacy in mid-low-poverty neighborhoods. In Medellín, collective efficacy is more pronounced in contexts of high disadvantage, and it is associated, on average, with higher levels of perceived violence and homicide. In both cities, higher levels of collective efficacy in high-poverty neighborhoods are associated with higher homicide. The study questions the notion of “social organization” as a homogeneously beneficial process across cultural and socioeconomic contexts. 2 Introduction Urban sociological research has highlighted the pathways through which the socioeconomic environment can affect the systematic distribution of levels of violence. One of the most promising emerging theories linking community processes and crime is collective efficacy theory. This theory critically builds upon social disorganization theory and calls attention to the role that social trust and norms of reciprocity, along with purposive social control, can play as mediators in the association between material deprivation and crime (Galea et al. -
Collective Efficacy As a Task Specific Process
Collective efficacy as a task specific process: Examining the relationship between social ties, neighborhood cohesion and the capacity to respond to violence, delinquency and civic problems Rebecca Wickes John R. Hipp Elise Sargeant Ross Homel Post-print. Published in American Journal of Community Psychology. 2013. 52(1-2): 115-127. 1 Abstract In the neighborhood effects literature, collective efficacy is viewed as the key explanatory process associated with the spatial distribution of a range of social problems. While many studies usefully focus on the consequences of collective efficacy, in this paper we examine the task specificity of collective efficacy and consider the individual and neighborhood factors that influence residents’ perceptions of neighborhood collective efficacy for specific tasks. Utilizing survey and administrative data from 4,093 residents nested in 148 communities in Australia, we distinguish collective efficacy for particular threats to social order and assess the relative importance of social cohesion and neighborhood social ties to the development of collective efficacy for violence, delinquency and civic/political issues. Our results indicate that a model separating collective efficacy for specific problems from social ties and the more generalized notions of social cohesion is necessary when understanding the regulation potential of neighborhoods. Key words: collective efficacy, social ties, social cohesion, community 2 Introduction Over the last decade, scholars working within the neighborhood effects paradigm have shifted their focus from the role of neighborhood structural features and social ties to the collective processes that protect against a range of neighborhood problems. Central to this shift is the uptake of collective efficacy theory, a theory initially established in psychology to explain group performance (Bandura 1997). -
Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article 8 reproduce the text contained in depositary notification C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis, 15 bis and 15 ter replicate the text contained in depositary notification C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010. The table of contents is not part of the text of the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations, http://treaties.un.org. Rome Statute of the International Criminal Court Published by the International Criminal Court ISBN No. 92-9227-232-2 ICC-PIOS-LT-03-002/15_Eng Copyright © International Criminal Court 2011 All rights reserved International Criminal Court | Po Box 19519 | 2500 CM | The Hague | The Netherlands | www.icc-cpi.int Rome Statute of the International Criminal Court Table of Contents PREAMBLE 1 PART 1. ESTABLISHMENT OF THE COURT 2 Article 1 The Court 2 Article 2 Relationship of the Court with the United Nations 2 Article 3 Seat of the Court 2 Article 4 Legal status and powers of the Court 2 PART 2. -
Teacher Leadership and Collective Efficacy: Connections and Links
International Journal of Teacher Leadership Volume 4, Number 1, Fall 2013 http://www.csupomona.edu/~education/ijtl/index.shtml ISSN: 1934-9726 Teacher Leadership and Collective Efficacy: Connections and Links Mary Lynne Derrington University of Tennessee, USA Pamela S. Angelle University of Tennessee, USA Teacher leadership studies have identified attributes of teachers who assume leadership roles. This study expands the literature by adding the theoretical frame of collective efficacy. The Teacher Leadership Inventory and the Teacher Efficacy Belief Scale – Collective were administered in two states to 1193 teachers in 50 schools; 719 teachers completed the surveys. Findings indicate a strong relationship between a faculty’s collective efficacy and the extent of teacher leadership in a school. The exception to this relationship is the finding that principal selection of teacher leaders is negatively correlated with teacher leadership. Introduction Collective efficacy is an organizational construct that researchers identify as promoting or increasing school capacity. Regarding student achievement, Bandura (1993) posited that “Faculties’ beliefs in their collective instructional efficacy contribute significantly to their schools’ level of academic achievement” (p. 117). Leadership capacity is evident when a group of teacher leaders believe they can bring about change, desire to work for change, and have the knowledge and skills to do so (DiRanna & Loucks-Horsley, 2001). Research on teacher leadership discusses various Constructs including -
Crime Prevention & Violence Reduction Action Plan
City of Philadelphia Crime Prevention & Violence Reduction Action Plan Philadelphia Police Department June 2020 Danielle M. Outlaw Police Commissioner The Philadelphia Roadmap to Safer Communities Page 1 Contents Our Current Crime Challenge 5 Current Strategies 7 Performance Goals: Violent Crime Reduction 9 Our Pillars 10 Operating Model Redesign: Information Flow & Strategic Collaboration 13 Action Plan 17 Conclusion 37 Page 2 Letter from the Commissioner On September 27, 2018, Mayor Jim Kenney issued an urgent “Call to Action” mandating that the Cabinet and senior leadership develop a plan to dramatically reduce homicides and shootings in the City of Philadelphia. Despite the City’s best efforts, property and violent crimes have continued to rise. Moreover, the numbers of homicides and shooting victims were at their highest levels since 2007 and 2010, respectively. Since my appointment as Police Commissioner, the Philadelphia Police Department has launched a progressive Crime Prevention and Violence Reduction Strategy. This strategy is based on research, thorough evaluation of current and past strategies, and input from internal and external stakeholders. Our findings illuminate the need to reinforce and expand our current “Operation Pinpoint” strategy by grounding our work in common goals - increase community safety, and enhance this strategic framework to foster effective collaboration to reduce violent crime. This report outlines our plan to curb violence in Philadelphia. This action plan is a living document that will be revisited and revised as conditions dictate, in order to best respond and serve the City of Philadelphia and our communities. As law enforcement professionals, we constantly adapt to ever changing landscapes whether driven by shifts in leadership, resources, community needs, the environment, law or technology. -
Understanding Deviance: Connecting Classical and Contemporary Perspectives
Understanding Deviance: Connecting Classical and Contemporary Perspectives Preface Tammy L. Anderson Acknowledgments Part 1: Classic and Contemporary Approaches to Deviance Section 1. Defining Deviance Introduction Tammy L. Anderson. 1. Rules for the Distinction of The Normal and the Pathological Emile Durkheim Durkheim defines deviance from a statistical standpoint, or by the prevalence of deviance in society. He seeks an objective criterion by which social phenomena can be rendered normal, or pathological and deviant. From this perspective, Durkheim claims to measure the condition of society. His approach to deviance is different from the moral and social reaction definitions of deviance included in this section. 2. Notes on the Sociology of Deviance Kai T. Erikson Erickson relies on morals, customs, and traditions that are often tied to religious doctrine to define deviance. His view is that deviance sets boundaries for acceptable behavior and strengthens solidarity among citizens. His approach breaks from Durkheim’s statistical view and is more in tune with Becker’s social reaction approach. 3. Definitions of Deviance and Deviance and the Responses of Others from Outsiders Howard S. Becker Becker’s work is considered a classic social reaction definition where deviance is anything people so label. He argues that deviance is not an objective fact, contrary to Durkheim’s position. Instead, Becker reasons, it is something people define and redefine through social interaction. 4. Defining Deviance Down Daniel Moynihan Moynihan’s article is a newer classic in the field of deviance that cautions against reclassifying unacceptable behaviors as acceptable, or trivializing their significance and impact. By moving away from objective standards for behavior and endorsing a core set of values, as Becker and Erickson propose, Moynihan believes society enters dangerous territory and compromises itself. -
Misdemeanor Enforcement Trends Across Seven U.S. Jurisdictions
Misdemeanor Enforcement Trends Across Seven U.S. Jurisdictions October 2020 Becca Cadoff, M.P.A., Preeti Chauhan, PhD, Erica Bond, J.D. Table of Contents Page The Research Network on Misdemeanor Justice 1 Key Findings 3 Why Do Misdemeanor Arrests Matter? 4 Overall Trends in Misdemeanor Enforcement Rates 6 Misdemeanor Trends by Demographics 9 Trends by Race & Ethnicity 9 Trends by Age 13 Trends by Sex 16 Misdemeanor Trends by Charge 18 Supplementary Analyses 20 Future Research on Misdemeanor Enforcement 22 Conclusion 23 References 25 Appendix A: List of Research Network Reports 29 Appendix B: Data Definitions & Limitations 30 The Data Collaborative for Justice (DCJ) at John Jay College of Criminal Justice houses a group of research initiatives that raise important questions and share critical research about the criminal legal system and its role in creating safe, just, and equitable communities. DCJ conducts data analysis and research on enforcement in the community, the adjudication of cases in the courts, and the use of confinement in jails and prisons. DCJ’s work has informed policy reforms, facilitated partnerships between researchers and government agencies across the country, spurred new scholarly research on lower-level enforcement, and has been cited extensively in the press. For more information about the Data Collaborative for Justice please visit: https://datacollaborativeforjustice.org/ Misdemeanor Enforcement Trends Across Seven October 2020 U.S. Jurisdictions The Research Network on Misdemeanor Justice In 2016, the Data Collaborative for Justice (DCJ) at John Jay College launched the Research Network on Misdemeanor Justice (“the Research Network”) with the goal of analyzing data and producing research to inform policy conversations and reforms related to lower-level enforcement, particularly misdemeanor arrests. -
Making Sociology Relevant to Society
Journal of Criminal Justice and Popular Culture The Social Construction of Copycat Crime July, 2021, Vol. 21 (Issue 1): pp. 104 – 127 Surette, Helfgott, Parkin, & O’Toole Copyright © 2021 Journal of Criminal Justice and Popular Culture All rights reserved. ISSN: 1070-8286 The Social Construction of Copycat Crime in Open Access Media Ray Surette University of Central Florida & Jacqueline B. Helfgott Seattle University & William Parkin Seattle University & Mary Ellen O’Toole George Mason University 104 Journal of Criminal Justice and Popular Culture The Social Construction of Copycat Crime July, 2021, Vol. 21 (Issue 1): pp. 104 – 127 Surette, Helfgott, Parkin, & O’Toole Abstract Examination of copycat crimes presented in digital mass media has important implications for understanding the nature of the contagion effect and its impact on potential copycat perpetrators in addition to understanding the impact of media-mediated crime on the public at large. While the crime content found in traditional legacy media has been extensively studied, open-access digital media crime content has not been well examined. Irrespective of a growing interest in copycat crime, there has been limited empirical research on the phenomena and none on open access portrayals of it. Addressing this research gap, the results from a one-day dedicated exploration of open-access data concerning copycat crime was conducted at Seattle University in 2018. Twenty students in twelve teams of 1 to 3 students collected open access data on copycat crime. The compiled open access copycat crime portrait was examined regarding crime types, perpetrator and victim characteristics, sources of copycat crime generators, and factors forwarded as causes of copycat crime. -
Critical Criminal Justice Issues
U.S. Department of Justice Office of Justice Programs National Institute of Justice CriticalCritical CriminalCriminal JusticeJustice IssuesIssues TaskTask ForceForce ReportsReports FromFrom thethe AmericanAmerican SocietySociety ofof CriminologyCriminology toto AttorneyAttorney GeneralGeneral JanetJanet RenoReno FOREWORD There is a discernible urgency to the crime issue. Crime and the fear of crime rank as the most important issues in public opinion polls. Some communities resemble war zones where gunshots ring out every night. Other cities struggle to create islands of civility amid threats to public order posed by low-level criminal behavior that eludes traditional measures. Appropriately, public policymakers and administrators in the criminal justice system are responding to the issue of crime in all its complexity. Every aspect of the infrastructure of our traditional criminal justice policy is undergo- ing fundamental rethinking. Our approaches to policing, adjudication, sentencing, imprisonment, and community corrections are changing in significant ways. Indeed, communities that are suffering from crime are changing their interactions with the agencies of the criminal justice system as the concepts of community policing, community prosecution, and community justice take on real meaning in cities and towns around the country. This combination—a sense of urgency on the part of the public and a rapidly changing policy response—creates a compelling need for policy-relevant research. When Attorney General Janet Reno addressed the American Society of Criminology at its annual meeting in November 1994, she challenged Society members to translate their re- search findings into recommendations that would benefit the practitioners and policymakers who confront the issues of crime and justice. The reports presented in these pages are the response to that challenge.