假释本质研究——兼论假释权的性质及归属

假释是一项历史悠久的刑罚执行制度,但刑法理论对假释的本质至今尚未形成统一的认识。在当代,假释已从一种国家对个别罪犯的恩惠演变成罪犯普遍享有的一种权利,是罪犯在自由刑执行过程中保持良善行为的结果。因而,在关于假释本质的各种学说中,假释权利说是合理的。假释权利说是以现代刑法思想为指导的对假释本质的全新的诠释,是国家对罪犯刑罚观念和关系的嬗变在假释本质理论上的具体反映。由假释的本质所决定,假释权应是一种行政权而非司法权,假释权应由行政性质的狱政部门或专门的假释委员会行使。     

Variables affecting parole outcomes

A comparison of parole officers and parole violators perceptions on factors related to recidivism was conducted to provide information which could contribute to increasing parole effectiveness and the development of correctional treautment strategies. The total population of parole viotators from a medium security correctional institution, and a systmatic random sample of parole officers were selected to form the research sample. The study consisted of 54 parole violators and 50 parole officers. The study necessitated the construction of a questionnaire. The variables under study included police and courts, society, parole supervision, imprisonment selfcontrol, personal attitude, and employment. A oneway analysis was conducted to compare the perceptions of the sample of parole officers and parole violators. Analysis of the data indicated that parole officers and parole violators view factors related to recidivism in markedly different ways. The author expresses special thanks for assistance and support to Dr. Billy Bramlett, Dr. Greg Riede, Dr. George Beto and Dr. Rodney Henderson, all of the College of Criminal Justice Institute, Sam Houston University.     

Discretionary Justice: Decision Making in a State Juvenile Parole Board

The literature in Criminal Justice is replete with commentary on both the virtues and injustices associated with adult parole board decision-making. There has been far less attention paid to juvenile parole boards in part because so few of them exist. Institutional release decisions in most states still remain the purview of juvenile institutional staff members. This paper examines parole Authority decision-making in a citizen-dominated state juvenile parole board. The paper focuses on the conduct of hearings, dispositional guidelines, criteria used by board members in decision-making and the advocacy role of parole officers and institutional staff. The influence of deinstitutionalization and least restrictive policies on parole Authority decision making is also discussed. During recent years, the literature in criminal justice has become replete with commentary on the virtues and injustices associated with parole board decision-making. Consequently, many questions have been raised about disparate sentences, the criteria used by parole boards in making decisions, unstructured discretion, and the pressing need for guidelines and statistically accurate parole prediction instruments. The intent of this paper is to examine parole decision-making in a state juvenile parole board where individualized treatment and rehabilitation have been long standing goals. The paper focuses upon the criteria used by board members in decision-making, the conduct of hearings, the guideline system used to determine a recommended length of confinement and the advocacy role of parole officers and institutional staff. The influence of deinstitutionalization and least restrictive policies on parole board decision-making is also discussed. The author is presently completing the second year of a two-year appointment as a member of the Parole Authority under discussion. Since December, 1983, the author has continuously observed and participated in approximately 300 individual parole hearings over thirty-seven hearing days.     

Collaborative behavioral management: integration and intensification of parole and outpatient addiction treatment services in the Step’n Out study

Integration of community parole and addiction treatment holds promise for optimizing the participation of drug-involved parolees in re-entry services, but intensification of services might yield greater rates of technical violations. Collaborative behavioral management (CBM) integrates the roles of parole officers and treatment counselors to provide role induction counseling, contract for pro-social behavior, and to deliver contingent reinforcement of behaviors consistent with contracted objectives. Attendance at both parole and addiction treatment are specifically reinforced. The Step’n Out study of the Criminal Justice–Drug Abuse Treatment Studies (CJ-DATS) randomly allocated 486 drug-involved parolees to either collaborative behavioral management or traditional parole with 3-month and 9-month follow-up. Bivariate and multivariate regression models found that, in the first 3 months, the CBM group had more parole sessions, face-to-face parole sessions, days on which parole and treatment occurred on the same day, treatment utilization and individual counseling, without an increase in parole violations. We conclude that CBM integrated parole and treatment as planned, and intensified parolees’ utilization of these services, without increasing violations.     

我国假释制度两极化改革构想

在两极化刑事政策导向下，西方国家的假释制度朝着严厉与宽缓两个方向发展。在严厉方面表现为选择性无害化的提出、三振出局法的出台以及实际刑运动的兴起等；在宽缓方面主要表现为中间制裁和强制假释。我国应当借鉴西方国家两极化的假释制度，坚持对严重暴力性犯罪假释的限制，同时放宽轻微犯罪的假释条件，并创建多元假释制度。     

THE EFFECTIVENESS OF A DEFINITE SENTENCE PAROLE PROGRAM

With the currently available evidence suggesting the failure of the treatment modality in corrections. parole systems throughout the United States have been the object of increasing criticism. This criticism is usually focused primarily at the indeterminate sentence and discretionary release to parole supervision, often considered integral components of a parole system. In this study, a parole system was examined that operates with definite sentencing and relatively less emphasis on discretionary release decision-making. The parole supervision aspect of this system was found to reduce markedly the post-release criminal activity of parolees as compared with a control group of discharges released from the same institutions, but not to parole supervision.     

A half century of parole rules: Conditions of parole in the United States, 2008

There is growing concern about revocations of parole for technical violations of parole conditions. This article represents a fifth survey of standard conditions of parole in the United States. In 2008 all fifty-two parole jurisdictions were surveyed and the standard conditions of supervision identified. The results indicate that the number and types of standard conditions of parole have increased in the recent past, but that over the past half century, parole rules have retained a focus on criminal behavior and enabling post release supervision. It is more likely that our conceptions about how best to respond to rule violations have undergone change.     

Examining the Effects of Community-Based Sanctions on Offender Recidivism

Offenders who violate their conditions of release (parole violators) pose a threat to public safety and a unique challenge for parole officials. Historically, parole officers have simply revoked the parole of these offenders and returned them to prison; however, increases in state correctional populations have forced many jurisdictions to experiment with sanctions administered by parole officers in the community. Community‐based sanctions are sanctions administered by parole officers as consequences for noncompliance with release conditions that are ultimately intended to reduce parole violators’ odds of recidivism. Yet, the effects of these types of sanctions are still relatively unknown. Drawing from perspectives on formal and informal social control, this study involved an examination of the effect of community‐based sanctions on parole violators’ odds of recidivism. Findings revealed that formal controls such as community‐based sanctions that were applied with certainty, severity, and in a swift manner along with informal controls such as measures of offenders’ stake in conformity had effects on parole violators’ odds of recidivism and time to recidivism.     

THE ROLE OF RACE AND ETHNICITY IN PAROLE DECISIONS*

The parole board plays an integral part in the reentry of offenders into the community from prison in most states; yet, little is known about the decision‐making practices of this group. In particular, few studies have used quantitative data to examine parole among a large group of offenders, and less is known about the direct and joint effects of race and ethnicity on this decision point. We extend previous work by considering variation in parole timing among a sample of young, serious offenders incarcerated in one state. Results from a series of proportional hazard models reveal substantial variation in parole timing. Consistent with the existing theoretical research on parole, parole actors are most concerned with community protection and heavily weigh measures of the current offense, institutional behavior, and the official parole guidelines score. The direct effects of race and ethnicity were also revealed. Black offenders spent a longer time in prison awaiting parole compared with white offenders, and the racial and ethnic differences are maintained net of legal and individual demographic and community characteristics. These findings provide important insight into the parole process and augment the existing theoretical work on disparities in decision making.     

AN ANALYSIS OF PAROLE DECISION MAKING USING A SAMPLE OF SEX OFFENDERS: A FOCAL CONCERNS PERSPECTIVE*

We use data from pre‐sentence investigations and official parole board records to study the correlates of parole release among a sample of men incarcerated for sexual offenses. Cox proportional hazard models are used to estimate change in the likelihood of parole over time, and the focal concerns theory provides the theoretical framework for the analyses. The findings suggest a complex interplay of legal and extralegal factors in understanding parole release decisions. Parole officials weigh heavily offense seriousness, institutional misconduct, and parole readiness scores in making release decisions. In addition, study results reveal that victim and offender age is a salient factor in determining parole judgments. Overall, the current analysis provides a baseline for future research on parole decision making in general, and sexual offenders, in particular.     

个人言语风格识别应用于案件侦查

个人言语风格具有差异性、稳定性、反映性,在案件言语材料中能反映出制作人社会属性和个人属性。实践中,检材言语材料和样本言语材料达到一定条件后,侦查技术人员可通过个人言语风格识别,确定侦查破案的范围及方向,最终确定作案人。     

Predicting parole decision in Kansas via discriminant analysis

Discriminant analysis was used in this case study to assess differences among variables considered to be important in the parole decision-making process in Kansas. A subjective rating scale completed by parole board members and socio-demographic data were examined. The analysis indicated that eight variables in the rating scale, including parole plan and recidivism risk, were important variables in deciding whether or not to parole an inmate. Socio-demographic variables especially significant were age of inmate at hearing, class of felony, and history of alcohol usage. Suggestions are made about how the parole authority in Kansas could refine parole guidelines using the rating scale (as a measure of parole risk) combined with a measure of offense seriousness (utilizing objective data from the computerized information system available in Kansas). Consequent political, ethical, and legal concerns are acknowledged.     

Parole release decisions revisited: An analysis of parole release decisions for violent inmates in a southeastern state

In an attempt to discover the major predictors of parole decision-making in one southeastern state, this study examined the cases of 762 inmates under the supervision of the Alabama Department of Corrections who were eligible for parole from June 1, 1993 through May 31, 1994. Of the 762 eligible inmates, only 138 (18 percent) were granted parole. Using parole disposition (granted or denied) as the dependent variable, this study investigated the offense, offender, and general parole variables and their impact on parole decisions. Logistic regression findings indicated that the strongest predictors of parole release decisions were the length of the original sentence assessed for the offense, the total number of felonies for which the inmate was serving time, and the warden and senior officers' recommendations. These variables, which were also significant at the bivariate level of analysis, explained approximately 47 percent of the variation in the dependent variable. A major concern of the study was the generalizability of the findings.     

Parole decision making in Colorado

During the past decade parole decision making in the United States has come under severe scrutiny. One response has been for researchers to intervene and develop parole guideline matrices for use by state parole boards. The research reported here describes such an effort in Colorado. Our data were derived from the records of 292 parolees during a two year period. A systematic sampling process, taking every other docket number from the parole board's monthly eligibility lists, initially produced 1,500 potential parolees. From this list, a 20 percent sample was drawn at random. This yielded a workable guideline matrix that produced less than 13 percent variance from Colorado parole board decisions. The article discusses the procedures for developing the matrix and how it was implemented by the parole board.     

Retributive Whisper: Communicative Elements in Parole

The aims of retributive or nonutilitarian sentencing are said to conflict with parole as part of a determinate sentencing framework. In this article, we claim that a nonutilitarian approach to punishment does not necessarily conflict with parole. In particular, by adopting core elements of Duff's framework of communicative sentencing, we argue that parole inherently holds a communicative meaning in the form of retributive whisper and can thus be reconciled with a nonutilitarian approach to punishment. In addition, we explore a way to enhance the communicative potential in the parole process and suggest that by recognizing and further incorporating the inherent communicative message in parole we can increase or maximize the board's communicative potential. Finally, we discuss some benefits that can emerge from adapting a communicative sentencing framework to the parole process.     

保外就医法医学鉴定研究(附54例分析)

目的为探索当前我国保外就医的特点，揭示保外就医中存在的问题，为制定有关政策法规提供参考依据，同时探讨保外就医的审查过程中法医学鉴定的必要性。方法两名研究人员从1992—1997年6年期间的司法鉴定资料中筛选出与保外就医有关的法医学鉴定案例，三名研究人员根据既定条件确定研究对象，并进行统计学分析。结果符合条件者共54例，主要年龄范围为20—50岁，罪名分类发现经济性犯罪明显多于非经济性犯罪，前者51例（94．4％），后者3例（5．55％）。提出保外就医申请的理由以单纯病名和主要症状者居多，少有提出辅助症状者，法医学鉴定表明检查结果与申请理由一致者为14例（25．92％），不一致者为40例（74．04％）；进一步鉴定揭示患有疾病确需保外就医者仅为3例（5．55％），而无需保外就医者高达51例（94．4％），其中无病者32例（59．25％），夸大病情者19例（35．18％）。结论本研究提示当前保外就医中犯罪装病、夸大病情等现象明显严重，这与保外就医所经历的中间环节缺乏有效的监督体制有关。因此，单纯以医疗系统进行保外就医鉴定是难以保证法律的公正执行。     

Examining Predictors of Parole Release in a Rural Female Jail Population

Parole has long been a linchpin of correctional practices but few studies have examined discretionary parole release in a female population. The current study examines factors, both static risk and dynamic needs, that influence parole decision making in a rural female jail population. The researchers collected data on parole releases from a rural county jail over a 3-year period beginning in 2012 (N?=?138). Offenders obtained a recommendation for parole release from a reentry assessment team that met at the jail each month to evaluate cases for parole eligibility. Logistic regression was used to explain variance in the factors considered by the reentry assessment team and it was evident that both static risk factors and dynamic needs play a role in discretionary parole release. We also examined obstacles or challenges that female offenders face when paroling to a rural location. Several policy recommendation related to the study are addressed.     

检察机关对减刑、假释程序监督的立法完善

检察机关作为国家的专门法律监督机关，在减刑、假释程序中应当享有特定的法律地位。由于法律规定的不完善，我国检察机关在减刑、假释程序中的监督职能很不健全。应当努力通过立法完善，重新设计我国刑罚执行中的减刑、假释程序，拓宽检察机关在减刑、假释程序中的参与权，赋予检察机关对减刑、假释进行监督的必要措施和手段。     

Meet the new boss: Institutional change and loose coupling in parole and probation

The authors use the institutional theory of organizations to argue that historical changes in parole and probation are ceremonial in the sense that they are aimed at an institutional audience and have had little effect on the day-to-day work of line-level officers. A review of the history of community corrections in the US suggests that parole and probation can be described in four eras, each era marked by a particular pattern of institutional authority and by corresponding changes in the structure, goals, and policies of parole and probation. By loosely coupling the work of street-level parole and probation agents to organizational goals and policies and minimizing caseload problems via surveillance and information-gathering techniques, the day-to-day activity of parole and probation officers has been largely unaffected.     

对假释适用的例外性规定和禁止性规定的理性剖析

假释适用的例外性规定的实质是在假释制度的公正与效益价值产生矛盾时的价值取向问题。公正和正义在任何时侯都应当成为假释制度首要的价值诉求,因而假释的例外性规定是不合理的。从国家的立场和功利的角度分析,假释禁止性规定的设立有其现实的合理性。但从刑罚发展的历史趋势分析,假释禁止性规定的存在是不合理的,在将来对刑法进行修订时,应取消假释的禁止性规定。