Child Sexual Abuse Perpetrated by Women: Case Series and Review of the Literature

The literature on child sexual abuse (CSA) perpetrated by female sexual offenders (FSOs) is exiguous, and many studies have focused on judicial databases. The present retrospective study, instead, analyzed clinical and judicial data of a group of both victims and alleged FSOs, to additionally include women who have not been convicted by the criminal justice system, but who hold strong clinical suspicions of being perpetrators of CSA. The medical records and the Court files of 11 children and their eight suspected FSOs have been collected and critically reviewed in light of the literature to date. This approach allowed for a deeper understanding of the relationship between child and FSO. The authors hypothesize that the victims’ severe psychopathological outcomes were a result of a failure to develop appropriate attachments with their prospective caregivers, which could have been damaged by the pathological relationship with FSOs, who were the victims’ caregivers.     

MI Implementation in Juvenile Justice: A Case Report

Motivational interviewing (MI) is a communication style focused on enhancing clients’ own motivation towards change. In the justice system MI has evidence to support that it enhances communication and change behaviors in youth. As most MI training is designed for healthcare settings training and implementation of MI must be adapted to fit the juvenile justice model. This includes both rehabilitation and restorative justice. Here we describe the details that allowed one county small county in Pennsylvania to roll out MI training and initial skills review in less than 6 months. The case reviews the details of planning, trainings, and timing of activities. We then discuss what elements of those details fit into a greater implementation plan that may be applied elsewhere. Four key elements were instrumental to implementation: 1) appreciation of JPO time constraints, 2) cost containment 3) using blending to enhance JPO flexibility with MI use, and 4) policies that normalize use of MI. This outline may assist other courts in their own implementation efforts.     

“韦伯命题”之争及其启示

上世纪初,韦伯提出并论证了韦伯命题——中国司法属于非形式主义的卡迪司法。近百年以后,中国大陆就这一命题的真伪进行了长达10多年的高水准学术论辩。如果正确理解了韦伯社会学思想的核心概念——理想类型——及其衍生的卡迪司法的真谛,并运用整体的观念来评价中国司法,则韦伯命题的成立是无可置疑的,否定论者所列举的实证材料,并不是韦伯立论的基点。韦伯命题之争有复杂的时代背景,它的背后涉及法律文化是否存在普适性价值、不同时空中的法律文化是否存在可比性、如何客观认知和理性对待本族法律文化传统、法律现代化是否可欲及其价值取向等重大的法理问题,特别是对形式主义司法的认知与评价这一重大的司法哲学问题。这些与中国司法未来走向息息相关的时代性问题都值得法学界认真对待。     

Peace Pedagogy and Interpretative Frameworks of Distrust: State–Society Relations in the Colombian Peace Process

The Havana Peace Accords of 2016 sought to end five decades of internal conflict in Colombia. As well as disarming the FARC, they promise to bring state institutions to abandoned regions and enable citizen participation. However, there is an obstacle to this which has consistently been overlooked by Juan Manuel Santos' government: a chronic distrust in the state dating back to colonialism. This article draws on ethnographic research with the Colombian government's ‘peace pedagogy’ team, tasked innovatively with educating citizens about the Havana Accords and incorporating them in the co-production of peace. It shows that citizens' learning about state policies, and reception of state efforts to shape that learning, are filtered through pre-existing perceptions of the state: in Colombia, interpretative frameworks of distrust. This ethnography illuminates state–society relations in the Colombian peace process, offering implications for ongoing implementation of the Accords, and posing questions for other countries in transition, arguing that historically-constituted perceptions of the state should be taken into account when communicating government policies to society.     

An Examination of the Relationship Between Media Exposure and Fear of Victimization: Implications of the Superpredator Narrative on Juvenile Justice Policies

The media allow crime to infiltrate the public’s consciousness in every conceivable way, thereby playing a major role in shaping the public’s opinion and attitude toward crime and crime issues (Barak, 1995; Fields & Jerin, 1996; Kappeler & Potter, 2005). Reporters constantly talk about crime, and crime related stories dominate the headlines of local and national newspaper outlets (Dowler, 2003; Pizarro et al, 2007). Some of the most highly rated television programs are based on crime plots and people across social, political, and racial demographics are constantly engaged in crime dialogue generated from local or national news stories. When the focus of these mediums is on youth they become even more profound and contentious. The images portrayed conjure up stereotypes that lead to fear and inflammatory remarks that become entrenched into the national lexicon. The current study uses data from the National Opinion Survey of Crime and Justice to test the relationship between crime-related media viewership and fear of victimization within a nationally representative adult sample. Approximately 42.67% of respondents reported regularly watching crime shows and about the same proportion (42.83%) believed their local media paid too much attention to violent crime. In addition to regular crime-show viewership, confidence in the police, gender, and recent contact with the police were associated with fear of victimization. This article adds to an existing body of research through a largely unexplored area in the administration of justice. It does so within the context of the U.S. juvenile justice system.     

论我国征收立法中公共利益的规范模式

“公共利益”是启动征收程序的前提性要件。在公共利益的规范模式上,我国物权法应采折衷主义立法例,不应明文禁止商业征收,但应明文规定公共利益的决策和形成机制,并建立相应的行政和司法救济途经。     

欧盟通用产品安全法律制度初探

欧盟通用产品安全法律制度的框架是通过两项具有里程碑意义的指令 (GPSD 92 / 5 9和GPSD 2 0 0 1/ 95 )来建立和完善的。这两项指令均为采用产品安全立法新模式的横向指令 ,即直接规定对生产者和销售商的通用产品安全义务———只能将安全产品投放市场。本文通过对两项指令重要条款的比较分析 ,介绍了欧盟通用产品安全法制的发展及现状     

在惩罚犯罪与保障人权之间：关于监听的法律思考

监听是世界各国为应付犯罪形势的新变化而发展起来的一种高技术化、高隐密性的强制侦查措施，其出现对于侦查机关打击和惩罚犯罪发挥了极其重要的作用。但是另一方面，监听的采用又严重侵犯了公民隐私权，因此，各国都对监听的采用规定了严格的法律程序，以防止侦查机关滥用监听，过度分割公民权利。我国刑事诉讼立法上对监听缺乏明确规定，这不利于保障公民人权，应当加以改进。     

家事事件程序的法理分析

台湾学者邱联恭教授提出了诉讼法理与非讼法理交错适用理论,家事事件程序交错适用诉讼法理和非讼法理是必要的和可能的,通常有三种情形.家事诉讼与非讼的集中交错以裁量权和对审权为中心.家事审判职权主义的特征使它与非讼程序有着某些相统点,因此家事诉讼事件可以一定程度的非讼化.