Suchergebnisse

While pollutants recognize no jurisdictional boundaries and, therefore, constitute a threat to people everywhere, there has been little effort to utilize criminal sanctions within the framework of international law to control them. A partial explanation for this may be the fact that there is really no effective enforcement mechanism for international criminal law; the United Nations International Criminal Court is still on the drawing board. Certain pollution offenses have become matters of international criminal law by being subjected to universal jurisdiction under national law. However, there are many problems that have inhibited the use of criminal sanctions for protecting the environment on a national level and these carry over into the international level. These include: qualification, quantification, strict liability, vicarious liability, corporate liability, proof, abuse of power, changing priorities, inadequate enforcement, and countervailing penalization policies and trends toward decriminalization. Even a cautious use of the criminal sanction to combat pollution will succeed only if there is a strong public awareness of the problem and a determination to control it; threats to the environment are not yet adequately perceived as posing a problem.

While pollutants recognize no jurisdictional boundaries &, therefore, constitute a threat to people everywhere, there has been little effort to utilize criminal sanctions within the framework of international law to control them. A partial explanation for this may be the fact that there is really no effective enforcement mechanism for international criminal law; the UN International Criminal Court is still on the drawing board. Certain pollution offenses have become matters of international criminal law by being subjected to universal jurisdiction under national law. However, there are many problems that have inhibited the use of criminal sanctions for protecting the environment on a national level & these carry over into the international level. These include: qualification, quantification, strict liability, vicarious liability, corporate liability, proof, abuse of power, changing priorities, inadequate enforcement, & countervailing penalization policies & trends toward decriminalization. Even a cautious use of the criminal sanction to combat pollution will succeed only if there is a strong public awareness of the problem & a determination to control it; threats to the environment are not yet adequately perceived as posing a problem. HA.

Cover -- Title Page -- Copyright Page -- Editor's Note -- Contents -- List of Figures -- List of Tables -- Foreword -- Part 1 -- 1. Criminology and Criminal Law: Science versus Policy and the Interaction of Science and Law -- 2. A Perspective on Stranger Violence -- 3. Researching and Conceptualizing Drunk Driving: An Invitation to Criminologists and Criminal Law Scholars -- 4. The Forgotten Criminology of Genocide -- 5. Criminologists as Expert Witnesses in Criminal Law Cases: The Growing Intersection between Criminology and Criminal Law -- 6. The Measurement of Police Delinquency -- 7. Police Enforcement of Quality-of-Life Offending: A Critique -- 8. Sanctioning Serious Juvenile Offenders: A Review of Alternative Models -- 9. From Individualization of the Offender to Individualization of the Victim: An Assessment of Wolfgang's Conceptualization of a Victim-Oriented Criminal Justice System -- 10. Sentencing Disparity and Sentencing Guidelines -- Part 2 -- 11. Punishment Policy and Commensurate Complexity -- 12. Measuring Justice: Unpopular Views on Sentencing Theory -- 13. Punishment, Division of Labor, and Social Solidarity -- 14. Back to the Future: A Reminder of the Importance of Sutherland in Thinking about White-collar Crime -- 15. The Social Reaction to Treason within a Pluralistic Society: The Pollard Affair -- 16. Technological and Other Changes: Boundary Crossings in the Control of Deviance -- 17. The Theoretical Development of "CPTED": Twenty-Five Years of Responses to C. Ray Jeffrey -- 18. Justifiable able Homicide by Civilian -- 19. The Most-Cited Scholars and Works in Criminological Theory -- Author Index -- Subject Index

Classical penology was conceived in France in the eighteenth century, and then eclipsed all over the world in the nineteenth, when Lombroso conjured up the picture of the born criminal. It was finally laid to rest in the United States in the twentieth century. Its basic tenet had been simple enough: the legislature in its infinite wisdom would seek and find the appropriate punishment for every crime.This can be accomplished if a crime is defined narrowly enough, perhaps by the creation of subcategories of that crime, so as to encompass all potential perpetrators who will each incur the same amount of criminal guilt. All perpetrators in the same subcategory are then entitled to the exact same amount of punishment in expiation of their criminal guilt. This system, so it was thought, ideally adjusts the punishment to achieve a balance between the crime and its harm and the criminal and his guilt, without going into undue subtleties of minute variations in the guilt of perpetrators in the same sub-category. Consequently the codes of the eighteenth and nineteenth centuries could satisfy themselves with defining and categorizing crimes in terms of the harm created and the specific mens rea inquestion.

"Criminology is a young discipline. In fact, the term "criminology" is only a little more than a century old. But in this brief time, criminology has emerged as an important social and behavioral science devoted to the study of crime and criminal behavior, and the society's response to both. Criminology fosters theoretical debates, contributes ideas and constructs, develops and explores new research methodologies, and suggests policies and solutions to a wide range of crime problems that dramatically affect the lives of countless people in the United States and around the world. Problems as vital and urgent as those addressed in this book are challenging, exciting, and, at the same time, disturbing and tragic. Moreover, these problems are immediately relevant to all of our lives. This is especially true today, when crimes here and abroad touch so many lives, in so many ways. Our goal with this book has been, and remains, to discuss these problems, their origins, and their possible solutions in a clear, practical, straightforward fashion that brings the material to life for students. We invite faculty and students alike to join the authors' in traveling along criminology's path, exploring its expanding boundaries, and mapping out its future"--

Understanding criminology -- An overview of criminology -- Measuring crime and criminal behavior patterns -- Schools of thought throughout history -- Explanations of crime and criminal behavior -- Psychological and biological perspectives -- Strain and culture deviance theories -- The formation of subcultures -- Social control theory -- Targets and victims of crimes -- Alternative explanations of crime: labeling, conflict, and radical theories -- Types of crime -- The concept of crime -- Violent crimes -- Crimes against property -- Organizational criminality -- Drug-, alcohol-, and sex-related crime -- Comparative criminology.