Secondary Victimization of Crime Victims by Criminal Proceedings

It is conceivable that criminal proceedings cause psychological harm to the crime victims involved, that is, cause secondary victimization. To investigate this hypothesis, negative and positive effects of criminal proceedings were investigated, as perceived by 137 victims of violent crimes who were involved in trials several years previously. Trial outcome and procedure variables were measured as potential causes of secondary victimization. Results show a high proportion of victims reporting overall negative effects. Powerful predictors were outcome satisfaction and procedural justice, but not subjective punishment severity, interactional justice, and psychological stress by criminal proceedings. The practical implications of the results pertain to whether victims should be advised to report the crime to the police or not, and to appropriate prevention and intervention measures of secondary victimization by criminal proceedings.     

Teaching Race and Crime

Abstract

This paper examines the experiences of a select group of faculty (N = 37) from across the country who teach courses related to race and crime. Using survey methodology, the researchers solicited the faculty members' views on the course as well as their experience in teaching the course. The research was also designed to determine the receptivity of students to the course, as well as the nature of the evaluation scores of instructors who teach these courses. Most instructors reported having had a good teaching experience and felt the course should be required. Respondents also indicated that their teaching evaluation scores for race and crime courses were generally in line with their scores for other courses. The research found very minimal differences between the teaching evaluation scores of white and nonwhite race and crime instructors. Students were perceived to be generally enthusiastic about taking this course.     

论刑事法的历史分析

历史分析，作为法学重要的研究方法之一，对于刑事法研究具有积极意义。对中国当代刑事法进行历史分析，并非去发现所谓的“民族精神”，而是寻找刑事法律制度得以形成的脉络，以及在法制演进中的政治、经济和文化因素。在刑事法学研究中运用这种分析方法，具体表现为历史比较研究、历史的社会研究以及历史的价值研究。对中国刑事法发展作历史研究，应区分不同时代，并有目的性地进行研究，进而挖掘其中可为当代刑事法发展利用的有益因素。     

Is restorative justice for sexual crime compatible with various criminal justice systems?

In addition to the more conventional approaches of the criminal justice system, this article suggests that there is a need for restorative justice as another method of addressing sexual crime. In support of this view, the present article explores the possibility of a hybrid justice system based on a complementary relationship between restorative justice and the criminal justice system. An analysis of the limits of the criminal justice system and the need for restorative justice in the contentious area of sexual crime will be followed by a detailed examination of key justice considerations when trying to marry both criminal justice and restorative justice perspectives. Such considerations include: the meaning of justice; legislation; sentencing principles; due process; victims’ rights; and the location of restorative justice within/alongside/outside the criminal justice system. The aim of this article is to determine whether it is possible to reconcile two seemingly juxtaposed methods of justice delivery in the context of sexual crime in order to create a hybrid system of justice that best protects and responds to the rights and needs of victims and offenders.     

实现公正：废除财产型犯罪的死开——兼谈刑法的谦抑性

根据刑法的谦抑性,从刑罚的报应主义和功利主义的不同角度,对以经济利益为目的,没有涉及到人身权利的财产型犯罪,包括经济犯罪、侵犯财产犯罪、贪污贿赂犯罪的死刑不符合刑罚的价值及谦抑性要求,应当废除。     

Parental management,ADHD, and delinquent involvement: Reassessing Gottfredson and Hirschi's general theory

A core proposition of Gottfredson and Hirschi's general theory of crime is that ineffective parenting fosters low self-control in children, which leads to delinquent conduct. Using a sample of 2,472 students, we examined the impact of attention deficit hyperactivity disorder (ADHD) on self-control and delinquency. The analysis revealed three main findings. First, low self-control was a strong predictor of both self-reported delinquency and self-reported arrests. Second, parental monitoring not only increased self-control, but had direct effects on both measures of delinquency. Third, the effects of ADHD on delinquency were largely through low self-control.     

论社会控制与刑事侦查

社会控制是一个由不同手段和方式组成、具有不同层次的体系,在现代社会的社会控制体系中,法律是主要的控制手段,法律与其他控制手段之间具有此消彼长的反比关系。我国的社会控制体系也因为社会的双重转型而发生了重大改变,整体上出现了社会控制层次单薄、手段单一、社会控制纽带断裂等问题,这些现象无论是对犯罪还是对刑事侦查都产生很大的影响,一方面使刑事侦查作为社会控制的重要手段不堪重负,另一方面也使刑事侦查基础工作和群众工作方式受到挑战。     

论犯罪控制视野中的刑事诉讼监督

犯罪控制并非程序正义的对立面,其目的之一即是对公民人权的保障。但是,犯罪控制的＂度＂把握不好就会有害于程序正义的实现。因此,有必要对犯罪控制进行＂度＂的控制,刑事诉讼监督即为方式之一,其关注点是人权与正义。新时期实施刑事诉讼监督,应坚持宽严相济刑事政策,吸取情境预防的经验,理顺法律监督内外部关系。     

论犯罪构成之主体要件不适格

刑事责任能力是指通过行为触犯刑法规范并承担刑事责任的资格。刑事责任能力内容包括犯罪能力和刑罚能 力。刑事责任能力是罪责的前提条件,先于犯罪行为存在。犯罪主体作为犯罪构成要件是不适格的,它不应该成 为犯罪构成要件。     

Punishment Goals of Crime Victims

Research on subjective punishment goals has focused on the perspective of third-party observers of criminal offenses and neglected the perspective of victims. This study investigates punishment goals among 174 adult crime victims (rape and nonsexual assault) for each participant's real criminal case. Scales measuring support for punishment goals are constructed by factor analysis of an 18-item list. Results show that 5 highly supported goals can be distinguished: retaliation, recognition of victim status, confirmation of societal values, victim security, and societal security. Analysis of relations between punishment goal scales and personal variables, situational variables, and demanded punishment severity corroborates the view that the punishment goals revealed can be classified according to the two independent dichotomies of moral versus instrumental goals, and micro versus macro goals.     

Prosecution in Europe: Varying Structures, Convergent Trends

Chapter 2 of the European Sourcebook attempts to show the differences as well as the common features of the prosecution services of the Council of Europe Member States. In order to do so the following five categories of statistics were collected: the total number of cases the prosecuting authority recorded as having been dealt with within a particular year; the number of cases brought before a court; the number of cases dropped; the number of cases dropped conditionally; the number of cases ended by the imposition of a sanction. The prosecution statistics of the European countries studied vary because of differences in the input structures. They are also affected by variations in output structures. These are determined by the powers that the prosecution authorities themselves possess. These variations between the prosecution systems within Europe cause significant differences in the resulting statistics and must be borne in mind when analysing the European Sourcebook data.     

Achieving and Managing Equality in the Criminal Justice Process: Do the New Equality Measures Go Far Enough?

Abstract: This article will explore some of the legal and organisational challenges facing the various agencies involved in the delivery of criminal justice, in the UK, in adhering to the Equality Act 2006, Equality Duties and the forthcoming Single Equality Act (which, proposes a Single Equality Duty). We will consider the impact of these changes with reference to European legislation. Of particular interest will be the themes of effective implementation of the current Duties, equality of access and equality of outcome for both victims and offenders to appropriate services to tackle offending behaviour and the prevention of crime. This article will highlight issues surrounding impact assessment and the role of agency discretion and regulation. We offer some comments on future directions and the role of the regulatory bodies including the Equalities and Human Rights Commission (EHRC).