非法拘禁罪及其立法之质疑

非法拘禁罪是严重侵害公民人身权利的犯罪 ,对其构成要件的分析有助于对非法拘禁罪的认定。非法拘禁罪的立法本身存在一定的缺陷 ,这是需要解决的问题 ,非法拘禁罪的刑事立法应予完善。     

Long-term consequences of being placed in disciplinary segregation†

Being placed in restrictive housing is considered one of the most devastating experiences a human can endure, yet a scant amount of research has been conducted to test how this experience affects core indicators of prisoner reentry such as employment and recidivism. In this article, we use Danish registry data, which allow for us to link penal conditions to postrelease outcomes, to show how the reentry outcomes of individuals placed in disciplinary segregation, which is placement in restrictive housing because of disciplinary infractions, compare with those sanctioned for in-prison offenses but not placed in segregation. The results from matched difference-in-differences analyses show that Danish inmates placed in disciplinary segregation experience larger drops in employment and larger increases in the risk of being convicted of a new crime in the 3 years after release from a correctional facility than do Danish inmates who were sanctioned for a serious offense but not placed in disciplinary segregation as a result. Because being placed in disciplinary segregation, and restrictive housing more broadly, is so common, these results indicate that restrictive housing placement may be a key moderator of the effects of incarceration that merits more attention from criminologists, provided the associations shown here represent causal effects and generalize.     

Solitary Confinement as Punishment: Examining In-Prison Sanctioning Disparities

Drawing on prior sentencing and prison scholarship, this study examines the use of solitary confinement as a form of punishment. Specifically, it assesses whether, given a prison infraction, minority inmates—and young, male, minority inmates in particular—are more likely to be placed in solitary and to be placed in it for longer durations. Multilevel regression analyses of state prison data suggest little support for the hypothesis that minority males, or young minority, males, are sanctioned more harshly than other inmates. The analyses identify, however, that males are more likely than females to be placed in solitary as a form of disciplinary punishment and that younger females are more likely to be placed in it than older females. The findings highlight that age and sex may interact to influence punishment decisions and raise questions about the precise roles of race and ethnicity in affecting punishment decisions. Implications of the findings for theory, research, and policy are discussed.     

补充侦查应当受侦查羁押期限的限制

根据我国《刑事诉讼法》的规定，逮捕后的侦查羁押期限最长不能超过7个月，因特殊原因超过7个月的，需报请全国人大常委会批准。在审查起诉阶段，检察机关可以将案件退回公安机关补充侦查，补充侦查是侦查活动的一种特殊情况，应受最长侦查羁押期限的限制。检察机关对那些不符合起诉条件且需要退回补充侦查的案件，应当先审查案件是否已用尽最长的侦查羁押期限，再作出是否退回补充侦查的决定。     

特留份制度探析

特留份是为保护被继承人的较近的血亲和配偶的利益为一定范围的法定继承人特别保留的一定份额的遗产。特留份最早起源于罗马法。罗马法以“不伦遗嘱之诉”为首开始形成了一套限制家父滥用遗嘱自由权的制度,即特留份制度。特留份制度是对遗嘱自由的限制。在其发展过程中日耳曼法对大陆法系,特别是法国法系国家特留份制度的形成起了决定性作用。现已被大多数国家采用。“特留份”与我国继承法中的“必要的遗产份额”相比较有其异同。我国应设立特留份制度。     

Editorial

This article discusses the emergence of the prison system in Sweden during the nineteenth century against the background of the broader context of prison history. Although the number of prisoners had quadrupled already in the first half of the century, it was in the second half that the system was developed. As in many other nations, a heated debate took place on the question of which of the opposing systems – the Philadelphia or the Auburn system – should be chosen. In Sweden this battle between the systems ended with an almost total victory for a Philadelphia‐like system, i.e., on the principle of solitary confinement. During the second half of the nineteenth century, a system built on solitary confinement expanded at the same time as the penal policy took on a more disciplinary character, a tendency that became especially evident at the turn of the century. This expansion continued even after many other nations more or less abandoned solitary confinement. This article argues that this expansion was the result of several factors, the most important being the unprecedented disciplinary possibilities of solitary confinement. The article also argues that this development created a form of ‘successful’ institutions, i.e., well administered, secure and calm institutions, which became one important reason for the remarkably high degree of legitimacy that the Swedish prisons have enjoyed during the twentieth century.     

National Council of Juvenile and Family Court Judges Passes a Set of Practice Reform Resolutions

The National Council of Juvenile and Family Court Judges (NCJFCJ) recently passed resolutions and policy statements on how to improve the lives of youth and families involved with juvenile or family courts. These resolutions address the needs of homeless youth and their families, juvenile probation and adolescent development, and the need for independent oversight of youth confinement facilities.     

Taking stock: A Meta-Analysis of the Predictors of Restrictive Housing

Two competing views on the use of restrictive housing have emerged in the literature. The first position has argued that restrictive housing helps make correctional institutions safer and more secure environments, largely by incapacitating violent and dangerous inmates. In contrast, a second perspective has maintained that restrictive housing not only causes serious psychological damage and increases criminal coping, but also that it has served as a mechanism for officials to punish certain groups of inmates unfairly. This study tests these competing hypotheses by meta-analyzing the literature on the predictors of placement in restrictive housing. The results of this investigation provide support for both perspectives. The implications of the study’s findings are discussed.     

Beneath the Surface

Abstract

A rural county with a high Hispanic population showed small disproportionate minority contact (citation or arrest) in initial analysis of federally required Disproportionate Minority Confinement (DMC) studies, but closer examination of a random sample of all juveniles arrested in 2000 showed that a subtle, but significant disparity still existed when a more detailed examination was conducted. While overt discrimination did not appear to be extreme, stereotypes still negatively influenced Hispanic/Law Enforcement relations at various levels, and Hispanics were still over-represented in contacts and confinement. Three areas were examined to explain/inform these lingering disparity issues: Cultural, Economic and Structural factors.