【刑罰と犯罪】
Punishment and Crime P 348 p. 17
Kleck, Gary, Sever, Brion 著
目次
Punishment and Crime List of Tables Acknowledgements Chapter 1 – Introduction The Scope of the Book The Historical Context: Recent American Trends in Punishment American Punishment Levels Compared to Other Nations A Word About Meta-analysis Chapter 2 – Theory: The Mechanisms by Which Legal Punishment Might Reduce Crime Theoretically Plausible Mechanisms by Which Legal Punishment Could Affect Crime The Conditions Under Which Punishment is Most Likely to Deter Crime Properties of Punishment that Could Condition its Deterrent Impact Attributes of Prospective Offenders that Could Condition the Deterrent Effect of Punishment Situational Factors that Could Condition the Deterrent Effect of Punishment Threats Nonlinearity of the Effects of Punishment – Threshold and Diminishing Returns Patterns Chapter 3 – Deterrence and the Rational Choice Model of Criminal Behavior – The Case of the Disappearing Theory The Rational Choice Model The Significance of Limits on Information Weak or Invalid Criticisms of the Model Arguably Valid Criticisms of the Model Stronger Criticisms of the Model What Kinds of Behavior Do Accord with the Rational Choice Model? The Disappearing Theory Is Street Crime "Rational" in the Sense of Yielding More Benefit than Cost? The Implications of Constricted Rationality for Target Selection, Situational Crime Prevention, and Crime Displacement The Predictive Ability of the Rational Choice Model of Criminal Behavior Conclusions Chapter 4 – General Methodological Problems in Punishment Research Common Methodological Problems of Macro-Level Studies Aggregate Objective Risks as Proxies for Individual Subjective Perceptions of Risks Causal Order – Two-way Causation Between Crime and Punishment Confounding Factors – The Degree of Social Condemnation of Crime Confusing Deterrence with Displacement Ratio Variables, Measurement Error, and Artifactual Associations Distinguishing Deterrent Effects of Punishment from Incapacitative Effects Common Methodological Problems of Individual-Level Studies Measurement of the Dependent Variable - Measuring Criminal Behavior through Self-Reports Measuring the Chief Independent Variables – Perceptions of Punishment Risks Should Tests of Deterrence Be Offense-Specific? Causal Order and Two-Way Effects Vignette Methods Panel Studies, the Time Interval Between Waves, and Two-way Causation Failing to Control for Informal Controls The Use of Convenience Samples of Low-Criminality Middle-Class Students Unmeasured Criminal Propensity Differences in Studies of Special Deterrence The Evolution of Research Methods on Deterrence Chapter 5 – Individual-Level Research on General Deterrence – The Impact of Perceptions of Legal Risk on Criminal Behavior Chapter 6 – Individual-Level Research on the Effects of Punishment on the Punished – Special Deterrence The Effect of the Experience of Punishment on Later Offending The Effect of the Experience of Punishment on Perceptions of Legal Risk What Does Affect Perceptions of Legal Risk? Whose Perceptions are Most Affected? Chapter 7 – Macro-Level Research on the Effect of Punishment Levels The Impact of Levels of Certainty of Punishment on Crime Rates The Impact of Levels of Severity of Punishment on Crime Rates The Impact of Levels of Swiftness of Punishment on Crime Rates Chapter 8 - The Impact of Capital Punishment on Murder Rates The Impact of the existence of death penalty statues The Impact of Execution Frequency - The Short-term Impact of Executions - The Impact of Publicity about Executions Chapter 9 – The Missing Link Between Macro-Level and Individual-Level Effects: The Impact of Macro-level Punishment Levels on Individual Perceptions of Legal Risk Chapter 10 – Incapacitative Effects of Incarceration and the Impact of Imprisonment Rates Chapter 11 – Crime-Increasing Effects of Punishment - Labeling Effects on Self-Concept – Identity Transformation Stigmatization and Social Isolation of the Punished from the Law-Abiding Structural Impediments to Conventional Paths to Success: Blocking of Educational and Employment Opportunities Effects of Incarceration on Inmates –Hardening of Pro-Criminal Attitudes, Increased Knowledge of Criminal Techniques Effects of Incarceration on Children and Spouses of Inmates Effects of Mass Incarceration on Communities of the Punished Diversion of Resources from Other Crime-Reducing Efforts Chapter 12 – Conclusions Summary of the Effects of Punishment on Crime - Retribution – The Thirst that Can Never be Quenched Policy Implications General Principles of Smart Punishment – Making the Best Use of Punishment Resources Increases in certainty are more likely to reduce crime than increases in severity Severity is the Enemy of Certainty The Crime Control Returns of Punishment Eventually Diminish The Prisons Will Always Be Full – One Criminal In Means One Let Out Specific Implications for Public Policy Repeal mandatory minimum penalties, mandatory Add-On Penalties, Three-Strikes laws, and other severity-oriented provisions that force waste of punishment resources Minimize use of prison for drug offenses and other market crimes Substitute intermediate sanctions for incarceration, for low and moderate serious offenses, such as day fines for property crimes, probation with frequent drug monitoring for drug-related crimes Ration prison sentences available to each local court Alternatives to Punitive Crime Control Expand Cost-Effective Treatment Accompanying and Following Punishment Expand Treatment in the Community, esp. for drug offenders Job Training Linked with Jobs Creation Support for Families – Child care, parent training, role model programs Index
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