危机干预模式在未成年缓刑人员矫正工作中的应用

未成年缓刑人员是社区矫正对象中的一个特殊群体。由于其心理、生理尚未成熟，因此羁押及刑事审判的过程会对其带来极大的冲击。被判处刑罚，埘未成年缓刑人员而言是一个严重的突发事件，对其本人及其家人都会造成巨大的压力，容易导致未成年缓刑人员存认知和情感上出现功能失调而无法应对种种闲难，从而可能出现离家出走、重新犯罪等行为。因此，如何存未成年缓刑人员的矫正工作中应用危机干预模式进行介入，使其取得心理平衡，对于促使其顺利回归社会、预防重新犯罪具有重要意义。     

未成年犯社区矫正分析

社区矫正在预防和控制未成年人犯罪方面具有十分重要的地位和作用,符合未成年犯的心理特征,有利于克服监禁刑的弊端,有利于和发达国家的刑罚模式接轨。我国社会主义的刑事政策、社会主义的法律体系以及日趋完善的社区和健全的司法行政体系资源为未成年犯罪人适用社区矫正提供了现实可能性。针对我国未成年犯社区矫正工作中存在的问题,笔者认为,更新行刑观念、对社区矫正进行科学定位、建立专门的社区矫正机构、配备专业的矫正人员、建立适合未成年人特点的社区矫正项目以及建立未成年犯社区矫正制度的评估体系是对未成年犯社区矫正制度完善的重要举措。     

广州市未成年人社区矫正工作的创新与试点——需求评估、介入措施与实际效果

一、背景对未成年人的矫正与介入是社区矫正工作的重点内容之一。由于未成年人在各项法庭程序、特别是刑事案件的审理、羁押过程中,心理上往往受到强烈冲击,同时其家庭、求学等社会环境也往往发生极大的改变,在审判之后也容易遇到许多生活和心理上的困难,从而使其在外部环境和内部心理方面都陷入困境,触发种种社会问题。     

创新未成年犯教育改造模式的实践与思考

未成年犯管教所作为一支重要的法治工作力量,应当主动在构建和谐社会中找准方向定好位,理顺思路抓重点:即要以科学发展观为统领,创新未成年犯教育改造模式,进一步提高未成年犯的教育改造质量,为努力推进和谐社会的构建作出自己应有的贡献。     

Evidence on the Effectiveness of Juvenile Court Sanctions

Purpose

The past decade has been witness to a proliferation of calls for evidence-based juvenile court sanctions—including various programs, interventions, services, and strategies or approaches—that reduce recidivism and improve mental health, drug dependency, and education outcomes. At the same time, an emerging body of work has identified “proven,” “evidence-based,” “best practice,” or, more generally, “effective” efforts to achieve these outcomes. Even so, grounds for concern exist regarding the evidence-base for these and other sanctions.

Methods

This paper describes the heterogeneity of sanctioning within juvenile justice and argues that, despite substantial advances in research, the heterogeneity severely delimits the generalizability of evaluations to date. It also raises questions about how much is in fact known about the effectiveness of many juvenile justice sanctions.

Conclusion

Extant research offers grounds for optimism. Even so, explicit articulation of the limitations of this research and the need for studies that examine external validity is important for developing evidence about “what works” in juvenile justice. Implications for research and policy are discussed.     

在侦查阶段为未成年犯罪嫌疑人提供法律援助的实践与思考

深圳市宝安区在贯彻落实《最高人民法院、最高人民检察院、公安部、司法部关于刑事诉讼法律援助工作的规定》（以下简称《两院、两部的规定》），深入开展法律援助工作中，创新法律援助服务工作机制，在公安侦查阶段为未成年人犯罪嫌疑人提供法律援助，及时有效地保护了未成年犯罪嫌疑人、被告人的合法权益，取得了良好的成效。     

Impact of the Young Offenders Act on Dispositions in the Juvenile Justice System of Canada

Following implementation of the Young Offenders Act (YOA) in April 1984, it was believed that a shift had occurred from an emphasis on rehabilitation and indeterminate sentences under the Juvenile Delinquents Act (JDA) to an emphasis on punishment and determinate sentences under the new legislation, and a subsequent increase in frequency and length of custodial dispositions. Research studies suggest that, while the number of youths charged and the number sentenced to probation has remained the same, committals to custody and average length of detention have increased. Furthermore, victim reconciliation and community service orders are being used more often as dispositions under the YOA, consistent with the principle of accountability of young offenders.

The present study attempts to determine the impact of the YOA on judicial dispositions for 13 to 15 year old young offenders at the Provincial Court (Family Division), Frontenac County, by attempting to control for the nature of the cases and the type of individual brought before the courts. The hypothesis examined is that the YOA has not caused a change in youth court dispositions.

Differences were, in fact, found between dispositions used and it was shown by matching youths under each Act on age, sex, offence, and previous history, that similar youths do not necessarily receive the same dispositions; the probability of receiving a more severe form of disposition is greater for youths under the YOA than for youths with similar background characteristics and current offence under the JDA. Individuals who are given a particular disposition under the JDA and the YOA were also found to differ in terms of background characteristics. A number of reasons for the discovery of a change in dispositions are discussed.     

Effectiveness of the Restorative Justice Process on Crime Victims and Adult Offenders in Thailand

In this paper, the researchers draw on research findings of the restorative justice process for adult offenders in Thailand run by probation officers during the pre-investigation stage. The evaluation study was conducted in 2009, aiming to analyze the effect of restorative justice on victims and offenders. The researchers investigate various key aspects, such as rates of satisfaction and perception of fairness, changing attitudes of victims and offenders, response to the victim’s needs, offender’s accountability, and reoffending rate. Factors associated with these aspects were also analyzed. A quasi-experimental research design was applied and the research findings showed that victims and offenders participating in the restorative justice process were significantly more satisfied with almost all evaluated outcomes than those who did not. However, the study did not find any significant difference in the re-offending rate between offenders in the experimental and comparison groups. Finally, the study found that two factors, i.e. victim’s income and victim–offender relationship, significantly related to the victim’s satisfaction. Victims who had low income were more likely to be satisfied with the outcome than those who had high income and victims who previously knew the offender were more likely to be satisfied with the process than those who did not.     

Programs for Men who Perpetrate Domestic Violence: An Examination of the Issues Underlying the Effectiveness of Intervention Programs

This review paper seeks to explore some of the reasons why rehabilitation programs for male perpetrators of domestic violence appear to be less effective in reducing recidivism than programs for other offender groups. It is argued that while the model of systems response to domestic violence has predominated at the inter-agency level, further consideration might be given to way in which men’s intervention groups are both designed and delivered. It is concluded that the program logic of men’s domestic violence programs is rarely articulated leading to low levels of program integrity, and that one way to further improve program effectiveness is to incorporate some of the approaches evident in more general violence prevention programs and from what is know about good practice in general about offender rehabilitation.

The Effects of Visitation on Incarcerated Juvenile Offenders: How Contact with the Outside Impacts Adjustment on the Inside

The present study investigates how visitation from parents impacts youths’ mental health in the first two months of incarceration in a secure juvenile facility. A diverse sample of 276 male, newly incarcerated serious adolescent offenders (14–17 years) was interviewed over a 60-day period. Results indicate that youth who receive visits from parents report more rapid declines in depressive symptoms over time compared to youth who do not receive parental visits. Moreover, these effects are cumulative, such that the greater number of visits from parents, the greater the decrease in depressive symptoms. Importantly, the protective effect of receiving parental visits during incarceration exists regardless of the quality of the parent–adolescent relationship. Policy changes that facilitate visitation may be key for easing adjustment during the initial period of incarceration.     

Exercising Options: An Assessment of the Use of Alternative Sanctions for Drug Offenders

In this paper, we explore a relatively unexamined area of sentencing—the use of alternative sanctions. While researchers have discussed the potential uses and misuses of alternative sanctions, few have focused on who receives them and why. We argue that, while alternative sanctions have the potential to be useful tools, they also open “windows of discretion” that may disadvantage certain groups. We use quantitative and qualitative data from Washington State to explore how alternative sanctions are applied in cases involving felony drug offenders. The results of quantitative analyses are largely consistent with current theories of sentencing in that court officials rely heavily on indicators of danger and blameworthiness in determining when to apply alternative sanctions. Qualitative analyses, however, suggest that decisions about alternative sanctions are complex, and that court officials’ beliefs about the fairness and efficacy of sentencing options influence the extent to which they will use available alternatives. Implications for criminal justice theory, public policy, and future research are discussed.