看守所未决羁押人员诉讼权利保障问题研究

未决羁押人员在看守所被羁押的过程中,享有的知悉权、控告权以及申诉权等一系列诉讼权利不能充分行使,其原因是多方面的,我们不仅要转变诉讼理念,还要完善相关法律制度,加强监督,这样才能有效保障未决羁押人员的诉讼权利。     

如何防范看守所滋生“牢头狱霸”——重庆市云阳县检察院试行在押人员未决羁押表现评鉴制度

重庆市云阳县位于长江三峡库区,现有人口130余万,刑事案件年均发生率0.2%,其中因严重刑事犯罪被看守所羁押的未决在押人员月均羁押量达230人左右,给看守所的监管造成了一定压力。特别是近年来发生的未决在押人员恃强凌弱、打架斗殴、辱骂他人、强吃强拿的"牢头狱霸"现象,更是严重破坏了看守所的监管秩序,危害了在押人员的合法权益,干扰了刑事诉讼活动的正常进行。针对"牢头狱霸"现象,云阳县检察院深入看守所调查研究,分析"牢头狱霸"形成的原因,查找"牢头狱     

比较法视野中的未决羁押场所设置

长期以来,对于犯罪嫌疑人、被告人在刑事审判前被羁押的场所问题,我国学者并没有给予足够的重视,甚至不将其作为重要的学术问题加以研究。然而,随着一些学者对我国未决羁押制度的反思,尤其是在刑讯逼供屡禁不止和难以得到有效遏制的背景下,理论界开始逐步注意到未决羁押场所设置并非一个小问题,而是与公民的人权保障有着千丝万缕的联系。于是,学术界开始强烈呼吁对我国的未决羁押制度进行改革,建议看守所脱离公安机关的领导,划归司法行政机关管辖,以便减少公安机关的刑讯逼供等问题。但令人遗憾的是,似乎很少有人对此进行周密的论证。为此,…     

论未决羁押的司法审查

未决羁押应当进行严格的司法审查,应当有司法权保障,令状主义,比例性,例外性等权利保障的要求。西方国家普遍建立了针对未决羁押的司法审查,而我国缺乏羁押的有效的司法审查机制,必须建立针对未决羁押的司法审查机制。     

论新刑诉法中看守所的预防刑讯功能

看守所之所以作为羁押场所出现在我国的刑事诉讼体系之中,应当归结于刑事诉讼法羁押制度的需求.羁押是刑事诉讼制度中不可或缺的一部分,至少从时下的社会发展状况看是这样的.离开羁押制度,看守所制度也就成了“无本之木,无源之水"了.因此,看守所展现的形态模式,是由刑事诉讼制度所决定的.而看守所在我国刑事诉讼体系中所承担的角色,也伴随着刑事诉讼法的不断完善,而悄然发生着改变.2012年的新刑诉法突出了看守所在诉讼活动中的主体地位,使之成为独立、唯一的未决羁押场所,不依附于其他办案单位.尤其是强化了其预防刑讯逼供等侵犯人权现象的重要功能.     

比较法视野中的未决羁押撤销、变更机制探析

在未决羁押适用期间,撤销、变更未决羁押的机制以减少羁押适用、救济被羁押者权利为基本目的,其完备程度直接影响整个未决羁押制度的人权保障程度与法治化水平.从两大法系多个代表性国家和地区的规定来看,未决羁押撤销、变更机制建立在严格限制未决羁押适用的基本理念之上,具体包括启动原因、启动途径、审查程序以及律师帮助等多方面内容.不同国家、地区的相关规定既有差异之处,也呈现诸多一致或趋同的地方.     

未决羁押制度问题及其司法救济

羁押是所有的强制措施之中最为严厉的一种,其运用会使受无罪推定保护之人自由被剥夺。在我国司法实践中未决羁押得到了广泛和普遍适用,成为一种常态。羁押措施在我国法律中不是一种法定的强制措施,同时羁押的适用也没有制度化,没有一整套相关的制度加以规范。未决羁押制度的缺失,导致了我国未决羁押出现了恣意化、惩罚化的倾向。从无罪推定的理念考察,未决羁押应当受到比已决羁押更加严格的司法控制,被羁押人应当受到比已决犯更佳充分的制度保障。因此,必须对我国现行未决羁押措施进行制度化、法制化。     

透视未决羁押之非公正性及其对策

未决羁押作为一项独立的刑事强制措施,我国立法并未设置,而是作为逮捕后之状态自然延续。尽管未决羁押在现代法治社会中发挥着特定的作用,但是这不能掩盖其非公正的实质。在理念层面,未决羁押无可避免地与无罪推定——现代刑事诉讼核心原则相冲突,也与以保障具体人权为目标现代司法相背驰;同样,在实践中,未决羁押执行权的非独立化,未决羁押使用率的高居不下,超期羁押事态继续蔓延等致使公正的天平早已失衡。因此,基于保障制度公正之需要,未决羁押例外原则,控告式司法审查制度及通过立法赋予未决羁押场所中立化等改革措施势在必行。     

未决羁押者的劳动权保护:一个宪政维度的分析

在我国刑事诉讼实践中,未决羁押者被强迫劳动、超强度超时间劳动以及克扣劳动报酬等现象较为普遍,有些地方还相当严重.从宪政维度分析,劳动是未决羁押者的权利而非强制性义务;未决羁押者的劳动权是宪法意义上的劳动权而非劳动法意义上的劳动权利;未决羁押者的劳动权既不同于普通社会劳动者,也有别于已被定罪的囚犯,具有相当的特殊性.应当采取有效措施,完善未决羁押者的劳动权保护制度,以提升其整体的权利保障水平.     

对我国未决羁押制度的研究

在刑事诉讼案件进行过程中,要对犯罪嫌疑人实施未决羁押,这涉及到了公民的人身自由,因此,在实施未决羁押时要万分谨慎。未决羁押主要包括三个方面的羁押:刑侦羁押、起诉羁押、以及审判羁押。当前,我国的未决羁押制度尚不完善,逮捕与羁押在其程序上尚未分离,未决羁押救济等工作也不到位,这严重侵犯了刑事人的人身合法权利。本文主要对未决羁押的概念进行了分析,并对我国当前的未决羁押现状进行了阐述,结合国外先进的未决羁押经验、手段,对我国的未决羁押制度构建完善提出了几点意见,以期能够为我国的未决羁押制度的重组构建提供参考、借鉴。     

Education, empowerment and community based structural reinforcement: an HIV prevention response to mass incarceration and removal

In the context of US urban jails, incarceration is often seen as an opportune intervention point for prevention interventions in public health. For the detained individual, it is an opportunity to reflect on individual choices and the potential for changes in one's life course. For population focused public health professionals, jail detention facilities represent a concentration of health risks, and an opportunity to have an impact on a significant portion of those at risk for HIV and other health concerns. This paper presents an innovative education and empowerment model that bridges across jail walls, beginning on the inside, and continuing on the outside of jail where individuals continue to be challenged and supported toward positive health and social choices. The intervention also seeks to foment community activism in the communities to which jail detainees return, thus aiming to have a structural impact. This paper examines both the intervention model and the challenges of examining the effectiveness claims for the intervention at multiple levels.     

A comparative evaluation of a new generation jail

This study reports findings from an evaluation of a new generation jail in a large southwestern state. The jail is one component of a complex containing a traditional jail, an indirect supervision facility (barracks), and the new generation jail. Using survey and operational data, we compare the new generation jail to the other two facilities. The findings provide generally positive support for the effectiveness of the new generation jail. Inmates and staff were much more satisfied with the physical facilities. Staff perceived it as more secure, though they reported only limited advantages in safety and security. Violence and disciplinary problems were substantially lower. However, no savings in staffing levels were noted, nor were there differences in job satisfaction for staff in the new generation jail. We discuss the implications of the findings and suggest additional directions for jail evaluations.     

看守所实施新刑事诉讼法实证研究报告

对五个省看守所的调研发现,总体上看守所实施刑事诉讼法的相关文本规定取得了良好的效果,修改后刑事诉讼法赋予看守所相应的职责,比如保障律师会见权、讯问在看守所内进行、对三个月以下的短刑犯执行刑罚等直接与看守所相关的条款,都得到了严格的遵循与适用.另一方面从更为宏观的角度上来看,看守所实施新刑事诉讼法的现有成效只是良好的开端,许多间接相关的条款,比如保障民事权利、法律援助等,甚至是看起来与看守所执法无关的条款,比如录音录像、非法取证的固定取证等,都有必要继续研究,拓展看守所的相关功能,创造条件予以适用,真正、完整地贯彻刑事诉讼法的立法精神与文本规定.     

Jail inmates’ perspectives on police interrogation

ABSTRACT

Few studies have examined police interrogation strategies from suspects’ perspectives, yet assessing suspects’ views about interviewer approaches could provide important insights regarding confession decision making. The current study is the first American survey to assess a diverse sample of adult jail inmates’ views on police interrogation tactics and approaches. The study explored US jail inmates’ (N?=?418) perspectives about how police should conduct interrogations. Potential dimensionality among 26 survey items pertaining to police tactics was examined using exploratory factor analysis. Group differences according to demographic and criminological variables were also explored. Four factors emerged, conceptualized as Dominance/Control, Humanity/Integrity, Sympathy/Perspective-Taking, and Rapport. Respondents most strongly endorsed Humanity/Integrity and Rapport strategies and were unsupportive of approaches involving Dominance/Control. Gender differences emerged for Dominance/Control and Humanity/Integrity, and Black respondents were more likely to value strategies related to Sympathy/Perspective-Taking. Suspects endorsed interrogation strategies characterized by respect, dignity, voice, and a commitment to the truth; they reported aversions to the false evidence ploy and approaches involving aggression. Overall, results from this incarcerated sample suggest that interviewees may be more responsive to rapport-building, non-adversarial strategies.     

An assessment of risk factors for early death among a sample of previously incarcerated youth

Most previous research regarding early death prior to, or during, young adulthood among previously detained delinquent youth has focused predominantly on males or on their cause of death. This study extends previous research by evaluating potential factors that are associated with early death in a random sample (N?=?999) of formerly detained youthful offenders in New York stratified by gender (50% female). Existing case records were referenced with the National Death Index to determine if the formerly detained youth were deceased by the time they would have reached age 28. Regression analyses were run to determine if any of 16 sociodemographic, offense history, weapons/gang involvement, mental health, substance use, child maltreatment, child welfare, or family environmental risk factors measured in their childhood or adolescence were associated with early death. Two additional regression analyses were run to determine if those risk factors differentially impacted early death for males vs. females. Of the variables measured, however, only gender was significantly related to early death – compared to females, males were 2.3 times more likely to have prematurely died. Additionally, in the model run separately for females, being an African-American female was protective against early death. These findings are compared to findings from the existing literature.     

The American jail: Problems,politics, prospects

Discussions of America’s local jails inevitably center around their plethora of problems. Not only are these problems pervasive, but they are also enduring. Numerous proposals have been advanced to improve jail conditions and operations. Most have failed to such an extent that some scholars have speculated that jails are simply immune to reform. It is the contention of this article that most of the problems facing contemporary jails are rooted in the uniquepolitical nature of the jail as an organization. Consequently, serious efforts to affect change in jail conditions must recognize the limited options placed upon jail reforms by the political environment, or they must originate from outside the local political setting.     

Dithranol: an unusual agent to produce artificial (false) bruise: a case report

Injuries are simulated by people for various reasons and may be labeled as "false/fictitious/forged." These may be self-inflicted or self-suffered. One such "injury" is an artificial/false bruise that may be produced by applying the juices of various irritant vegetable poisons. However, the present case is of an inmate of jail who used dithranol for producing 20 such artificial bruises on the back of his body. The purpose of such an act was to bring a charge of torture/beating against the jail officials.A good, thorough history taking and detailed and meticulous examination of the affected area, supplemented by relevant investigations and photography by a trained forensic expert, are a must to differentiate the "true" from the "false."     

Exploring turnover intent correlated to jail and prison officials: A Taiwanese perspective

Although a review of literature related to turnover intent in the correctional workplace has focused primarily on prison officers, jailers have frequently been overlooked. Specifically, a comparison between jail and prison officers’ perceptions in Taiwan is limited. In order to fill the gap, our study was based on three objectives: (1) surveying Taiwanese correctional officers who experienced the “get-tough-on-crime” policy during the early 2000s, (2) testing for differences in turnover intent between jail and prison officers, and (3) examining personal and workplace environmental factors in order to determine whether distinct turnover intent exists among prison and jail officers. A self-report survey administered to 799 Taiwanese correctional officers (with an adjusted response rate of 89%) demonstrated that jail and prison officers had moderately high levels of turnover intent with no significant difference. When turnover intent correlates were further examined, job dangerousness, organizational harmony, and commitment were significant predictors for both prison and jail officers, thus suggesting that environmental factors have the most robust impact. In terms of personal characteristics, tenure and position were significantly related to prison officers’ turnover intent. Conversely, age represented the significant factor among jail respondents.     

Women and Men in Jail: Attitudes Towards and Experiences of Domestic Violence

This study explores the pre-arrest domestic violence victimization and attitudes towards domestic violence reported by women and men confined in a Midwestern metropolitan jail. Results indicated that women in the jail sample had more fear for the safety of battered women than men in the jail sample. Women in jail were more likely than men in jail to view the legal system as a deterrent to domestic violence. Logistic regression models were constructed to explore associations between jail detainees’ pre-arrest experiences of domestic violence and their gender, age, education, race, parental status and other violent victimizations. The variables associated with pre-arrest domestic violence victimization were being a woman, a parent, a victim rape and a victim of threats with a deadly weapon.     

THE RACE/ETHNICITY DISPARITY IN MISDEMEANOR MARIJUANA ARRESTS IN NEW YORK CITY

RESEARCH SUMMARY: This article examines the growth in marijuana misdemeanor arrests in New York City (NYC) from 1980 to 2003 and its differential impact on blacks and Hispanics. Since 1980, the New York City Police Department (NYPD) expanded its use of arrest and detention for minor offenses under its quality-of-life (QOL) policing initiative. Arrest data indicate that during the 1990s the primary focus of QOL policing became smoking marijuana in public view (MPV). By 2000, MPV had become the most common misdemeanor arrest, accounting for 15% of all NYC adult arrests and rivaling controlled substance arrests as the primary focus of drug abuse control. Of note, most MPV arrestees have been black or Hispanic. Furthermore, black and Hispanic MPV arrestees have been more likely to be detained prior to arraignment, convicted, and sentenced to jail than their white counterparts. POLICY IMPLICATIONS: In light of the disparities, we recommend that the NYPD consider scaling back on MPV enforcement and reducing the harshness of treatment by routinely issuing Desk Appearance Tickets when the person is not wanted on other charges, so that most MPV arrestees would not be detained. Furthermore, we recommend that legislators should consider making smoking marijuana in public a violation and not a misdemeanor. Lastly, we suggest ways that NYC could monitor the effectiveness of these policy modifications to assure that the city continues to meet its goals for order maintenance.