我国刑法中应当设立“暴行罪”——以虐待儿童的刑法规制为中心

在我国许多虐待儿童的行为,由于没有造成轻伤以上的后果无法以故意伤害罪评价,由于加害被害双方不是家庭成员不能定为虐待罪,也无法以其他罪名有效规制,至多由公安机关处以15日的行政拘留,这样未充分体现对暴力行为的打击以及对人身的特别保护.为了惩罚和预防虐待儿童一类的暴行,为了严厉打击暴力犯罪,全面严密保护公民的人身权利,我们应借鉴日本、英美刑法的立法理念及法律规定,将暴行罪引入我国刑法,将以殴打或其他暴行侵犯他人身体的行为纳入刑法的评价视野,从而更有效地保护包括儿童在内的公民的人身安全.     

Association between homicide injury severity and benzodiazepine influence

There are case reports of offenders inflicting excessive injuries on their victims when under the influence of benzodiazepines. However, the potential association between benzodiazepine influence on the offender and victim injury severity in a general homicide population has not been studied. We investigated associations between offender positive testing for benzodiazepines or z-drugs (zolpidem, zopiclone and zaleplon) and victim injury severity. Data were drawn from 95 Swedish homicide cases from 2007–2009 in which offenders had known toxicology. There were no significant differences in injury severity between cases in which the offender tested positive vs. negative for benzodiazepines/z-drugs. Thus, the findings do not support the hypothesis that there is an association between benzodiazepine influence on the offender and victim injury severity in a general homicide population.

Key points

• Some previous studies have linked benzodiazepines to aggression, violence and excessive homicide injuries.
• The present study analysed the association between homicide injury severity and benzodiazepine status of the offender.
• Offenders who tested positive for benzodiazepines did not inflict more severe injuries on their victims.
• These findings do not support the hypothesis that benzodiazepine influence generally causes offenders to inflict more severe injuries on homicide victims.

     

Community violence to prison assault: A test of the behavioral continuity hypothesis

This large-scale study (N = 23,277) investigated the relationship between criminal history in the community and serious or assaultive prison misconduct, while controlling for the effects of inmate characteristics, general criminality, and custody level. Community violence variables included the rate of prior violent crime arrests and the types of prior violent crime, as well as a range of specific violent crimes of conviction. Behavioral continuity from community to prison was neither simple nor intuitively discernible, depending on the type, recency, and pattern of community criminality. Application of logistic regression models revealed that the omnibus measure of the rate of prior violent arrests was not related to either serious or assaultive prison misconduct. Prior arrests for assault and current convictions for robbery and/or assault, but not prior or current homicides, were associated with an increased risk for prison violence. Current conviction for a sexual assault had the strongest inverse relationship to prison violence, while prior arrests for sexual assault showed no relationship to prison violence. A more "nuanced" approach in assigning risk ratings based on prior criminal history and seriousness of offense is recommended. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

Crime and punishment in Russia and the United States: 1990–1998

Since the collapse of the Soviet Union in 1991, dramatic sociopolitical changes have affected the ability of the Russian criminal justice system to effectively process violent crimes. This paper compares the police and court processing of selected violent crimes in Russia and the United States during the period 1990–1998. Using data from the Russian Ministry of Internal Affairs and the U.S. Bureau of Justice Statistics, we examine the disposition of homicide, rape, robbery, and aggravated assault (i.e., serious bodily injury) cases in both countries during this period. Our findings indicate that while arrests and rates of homicide, robbery and aggravated assault decreased in the U.S. during this period, they increased in Russia. On the other hand, rape rates and arrests decreased in both countries during this period. Conviction rates as well as the percentage of defendants sentenced to prison in Russia were both higher than in the U.S. for each of the offenses studied during this period. We discuss implications of the findings and suggest additional research.     

CAPINDEX: Abstract descriptors

Both research and public policy efforts to determine levels of spouse abuse have been compromised, with significant incidence either uncounted or undercounted, owing to numerous factors: social stigma, victim guilt, evasive public policy, and sparse and/or technically inadequate research attempts. The CAPINDEX (Crimes-Against-Persons Index) is an estimation technique that tackles this persistent problem by using rates of well-reported violent crimes to predict the incidence of poorly reported violent crimes like spouse abuse. The numerical bases of the CAPINDEX, murder and aggravated assault, are well-reported and not subject to social class skewing. The relational approach of the technique is consistent with structural, cultural consistency, and ecological theories of violence. The technique is not only efficacious in estimating spouse abuse, but applicable to estimating sexual assault rates.     

Racial Bias in Case Processing: Does Victim Race Affect Police Clearance of Violent Crime Incidents?

Prior studies have illustrated racial differences in perceptions of police legitimacy. African‐Americans’ views, however, appear to be complex, shaped by perceptions of over‐enforcement of crimes committed by African‐American offenders coupled with under‐enforcement of crimes involving African‐American victims. Using data from the 2002 National Incident‐Based Reporting System, we examine whether victim race (alone, and in combination with offender race) affects police case clearance of four types of violent criminal incidents (homicide, aggravated assault, rape, and robbery) as a potential explanation of African‐Americans’ reduced levels of support for the police. Results suggest that the race of the victim, particularly in combination with the race of the offender, is related to police clearance of violent criminal incidents, but that this relationship is not as strong as those between agency, offense type, and situational characteristics of the incident. Implications for research and policy on police—community relations are discussed.     

The Effect of Victim Attitudes and Behaviors on Sexual Assault Victimization Severity: An Examination of University Women

The current study investigates a number of theoretically relevant victim characteristics to determine their impact on sexual assault victimization severity. Ordinary least squares regression analysis of survey responses from a sample of 204 university women indicated significant relationships between many of the variables of interest and increases in victimization severity. In particular, risk-taking behavior, delayed victim response strategies to sexual risk, increased number of lifetime sexual partners, and more frequent exposure to pornographic media significantly correlated with increasingly more severe forms of sexual assault. Future research directions and policy implications are discussed.     

Procedural Justice and Psychological Effects of Criminal Proceedings: The Moderating Effect of Offense Type

It is well-established that victims of crime have numerous preferences when encountering the criminal justice system. Often, research examines these preferences in terms of procedural justice, asserting that elements such as voice, respect, and fair treatment may lead to greater satisfaction and more positive experiences. Positive experiences also entail preventing secondary victimization by the legal system. Much of the research surrounding this topic, however, discusses victims of crime as a single entity. The current research examines if differences among crime victims, namely whether they suffered sexual or non-sexual victimizations, influence their legal preferences. Victims of sexual assault have undergone particularly traumatic and stigmatizing experiences that may warrant a greater need for expression and understanding of their harm. It is hypothesized that for victims of sexual assault, there will be a stronger association between procedural justice and negative psychological effects of criminal proceedings. Therefore, type of offense is examined as a moderator variable of this relationship. Hierarchical regression analysis indicated that there is in fact an interaction effect for procedural justice and psychological effects, suggesting that these preferences are more desired by victims of sexual assault.     

Extreme cases and the criminal justice system: responses to a traumatic sexual assault in India

ABSTRACT

This paper addresses criminal justice responses that came on the heels of a traumatic sexual assault in public space in India. The incident referred to as “Nirbhaya,” drew attention to the nation as well as the world the violence against women who on the one hand find themselves in public spaces designed for all denizens in this globalised world, yet, subject to sexploitation and devoid of safeguards and equal protection. In this paper we catalogue modifications to Indian criminal justice as a result of the Nirbhaya case to illustrate how extreme events help drive changes to the system in a large democracy, yet an economically developing one. More specifically, we address changes that have been incorporated in criminal laws, police procedures, and crime prevention efforts, as well as assess the degree to which these efforts have been effective.     

Gender difference or indifference? Detective decision making in sexual assault cases

Prior research examining sexual assault case decision making has failed to account for the demographic characteristics of the criminal justice practitioners charged with making case decisions. Inclusion of such information is important because it provides researchers with a greater understanding of how criminal justice practitioners' own gender, race, age, and past experiences affect their judgments. This study seeks to examine whether gender differences exist in detectives' arrest decisions in sexual assault cases. Victim, suspect, incident, and detective characteristics are collected from police case and investigatory files on 328 criminal sexual assault cases involving adult female victims reported to a large Midwestern police department in 2003. Logistic regression is used to determine whether detective gender predicted the odds of arrest after controlling for incident, victim, and suspect characteristics. It is hypothesized that cases involving female detectives would be more likely to result in arrest after controlling for other incident, victim, and suspect characteristics. However, contrary to expectations, female detectives are significantly less likely than male detectives to arrest suspects in sexual assault cases even after controlling for the influence of other factors shown to predict arrest. The findings support prior research that suggests female practitioners may not necessarily be more sensitive toward female victims despite previous assumptions that this would hold true. The findings suggest that efforts to hire female police officers for the purposes of dealing with female-related victimization may ultimately undermine efforts to improve victim experiences with the criminal justice system. They further suggest that both researchers and police administrators need to rethink the best ways to serve female victims beyond hiring mandates.     

Procedural Justice and Dutch Victim Policy

This paper opens with a brief discussion of the traditional role of the victim in the criminal justice system and the changes which have been made in the Netherlands in order to improve the position of victims of crime. In addition, the author discusses the arguments put forward by policymakers and examines the implementation of victim policy. Next, procedural justice is introduced as a theory from which one could consider the possible impact of victims' experiences in the criminal justice system on their relationship with the justice system. The author goes on to present research which examines the impact of procedural justice on victims' attitudes towards legal authorities. The paper closes with a discussion of the importance of procedural justice issues for criminal justice policymakers and legal practitioners.     

Men who batter women: A study in power

The purpose of this study was to determine the relationship between a batterer's perception of his partner's power and the severely of violent tactics. Subjects for this study were 21 males, who had been arrested for domestic assault. Batterers whose educational level was higher than their partners used more severity violent tactics in assault. A correlation was found between reward power and severity of abuse, indicating that batterers perceive their partners as having a high ability to reward.     

EXPLORING THE INTERSEXUAL NATURE OF VIOLENT CRIMES*

Data on criminal homicides (from the Uniform Crime Reports) and aggravated assaults and simple assaults (from the National Crime Surveys) are analyzed to determine the extent to which violent crimes occur within or between sexes. The routine activities approach is used to develop hypotheses, and those hypotheses are tested using models that estimate the proportion of ingroup and outgroup crimes “expected.” With the exception of homicides, in which women murder men more often than expected, each of these violent crimes occurs within sexes more often than expected. There is a strong relationship between the type of violence (simple assault, aggravated assault, and homicide) and the extent to which the target of female aggression is a male.     

The Role of Perpetrator Alcohol Use in the Injury Outcomes of Intimate Assaults

Little research has been conducted on the role of perpetrator alcohol use in the injury outcomes of intimate assaults, although alcohol use by an intimate partner may be related to more severe assault outcomes (physical injury and need for medical attention) than is no alcohol use. The role of perceived perpetrator alcohol use in the injury outcomes of intimate assaults (N = 909) was analyzed using 1992–1996 National Crime Victimization Survey data. Logistic regression analyses demonstrated that perpetrator alcohol use was associated with increased likelihood of physical injury and marginally associated with more medical attention seeking by the victim when demographic variables and assault characteristics were controlled. Suggestions for future research on the relationship between alcohol and intimate assault outcomes are presented.     

TRENDS IN THE GENDER GAP IN VIOLENT OFFENDING: NEW EVIDENCE FROM THE NATIONAL CRIME VICTIMIZATION SURVEY*

Recent research has compared male and female trends in violent offending in Uniform Crime Report (UCR) arrest data with similar trends derived from victims' reports in the National Crime Victimization Survey (NCVS) and has concluded that the two data sources produce contrary findings. In this article, we reassess this issue and draw different conclusions. Using pooled National Crime Survey (NCS) and NCVS data for 1973 to 2005, we find that the female‐to‐male offending rate ratios for aggravated assault, robbery, and simple assault have increased over time and that the narrowing of the gender gaps is very similar to patterns in UCR arrest data. In addition, we find that these patterns are in part caused by larger decreases in male than female offending after the mid‐1990s and not by recent increases in violent offending rates among females. We conclude that changes in the gender gaps in aggravated assault, robbery, and simple assault are real and not artifacts; therefore, these changes deserve serious attention in future research. We conclude with a discussion of several hypotheses that might account for a narrowing of the gender gap in nonlethal violent offending over time.     

Gender and Injury Risk in Incidents of Assaultive Violence

This study investigates the situational characteristics that determine the presence and severity of injury in incidents of assaultive violence. The analysis uses merged data from the National Crime Victimization Survey and the Supplementary Homicide Reports for the years 1992-2008, in order to model the determinants of victim injury. The analysis includes all incidents of attempted or completed, non-sexual assault against victims 12?years of age or older. Injury severity is classified into one of four possible levels: no injury, minor injury, serious injury (requiring doctor, hospital, or emergency room care), and lethal injury. Special attention is given to the way in which gender modifies the influence of situational elements on the presence and degree of victim injury. While the results suggest that the situational determinants of injury are by and large uniform for male and female victims, important gender differences are observed in the salience of relational distance.     

RACIAL ANIMOSITY AND INTERRACIAL CRIME*

The primary objective of this study is to determine the effect of a victim's race on the likelihood of him or her being seriously injured during the commission of an interracial crime. We also assess the probability of a homicide occurring during an interracial crime. A multilevel city analysis shows that black offenders are no more apt than white offenders to injure their victims seriously during an interracial robbery or rape. A black offender also does not have a greater proclivity to kill his or her victim during the commission of an interracial crime. Some evidence suggests that white victims are more likely than black victims to suffer serious physical harm during an aggravated assault. Results also reveal that contextual factors related to racial animosity, such as residential segregation, white‐to‐black economic inequality, and black‐to‐white unemployment, fail to have any moderating effect on either the severity of victim injury or the likelihood of a homicide occurring during an interracial crime. Overall, the results generated in this study tend to cast doubt on the validity of racial animosity theory. Our findings also lead us to question the veracity of the oftenmade claim that black‐on‐white crimes are punished more severely because these types of offenses are somehow more heinous in circumstance. At least in regard to serious victim injury and victim death, black‐on‐white crime is no more violent than white‐on‐black crime.     

Not Just a Boy's Club

Abstract

The extant literature suggests that habitual criminality among women is rare and that female career criminals are ostensibly nonexistent. Using the criminal records of 500 male and female adult recidivists, this study applies the concept of career criminality to women and describes how this application has specific gendered elements. Like their male peers, women are chronic, versatile offenders engaged in violent, property, and public-order offending. Women are disproportionately engaged in forgery, fraud, and prostitution whereas men are disproportionately engaged in rape, robbery, and aggravated assault. No gender differences existed for a variety of additional offenses and criminal justice system statuses. However, significant gender differences exist for social demographic characteristics, such as age and timing of onset, and criminal career parameter indicators, such as span of criminal career. These data and analyses indicate that the career criminal classification has important implications for criminal career research and gender-based criminology.     

WAGE INEQUALITY AND CRIMINAL ACTIVITY: AN EXTREME BOUNDS ANALYSIS FOR THE UNITED STATES, 1975–1990*

The past decades in the United States have been characterized by a widening in the distribution of wage income. While much research has attempted to uncover the causes of these earnings trends, much less is known about their impact upon social and economic factors. This study examines evidence for links between changes in distribution of wage income and criminal activity. Using extreme bounds analysis in conjunction with ordinary least squares regression, the study shows that robust results linking wage inequality and crime are obtainable across a rich set of model specifications for the violent crimes of murder and assault. No evidence is found linking wage inequality with the crimes of robbery and burglary. Results are inconclusive for larceny/theft, motor vehicle theft, and forcible rape. These results should be viewed as a first stage in examining the link between wage inequality and criminal activity. Research into the specific behavioral complexities underlying these relationships should be considered to affirm these results.