服刑人员分级处遇制度研究

分级处遏制度是行刑个性化和刑罚人道的重要内容,具有激励服刑人员改过自新的重要功能,同时也是监狱调控服刑人员改造行为建立良好监管秩序的重要手段。分级处遏制度本身具有较强的技术性和专业性,需要精巧的立法设计和科学的实施。而受旧有的行刑观念和制度的影响,我国现有的分级处遏制度还比较粗疏和薄弱,激励机制明显不足,对推动服刑人员的矫正工作相当不利。亟待从立法、运作措施和人员专业化等方面进行完善。     

Employment After Prison: A Longitudinal Study of Former Prisoners

Finding sustained employment is an important component of the transition from prison to the community for exiting prisoners. Anecdotal reports from former prisoners indicate that most individuals experience great difficulties finding jobs after their release. However, little systematic information is available about the employment experiences of individuals released from prison or the characteristics of former prisoners who are successful in locating employment. Using a causal framework, this paper examines the employment experiences of a multi-state sample of former prisoners, and identifies the individual factors influencing the likelihood of employment after release from prison, using data gathered from interviews with prisoners before and at multiple times after release. Findings indicate that consistent work experience before incarceration, connection to employers before release, and conventional family relationships improve employment outcomes after release. Individuals who relapse to drug use quickly after release, have chronic physical or mental health problems, and are older or nonwhite are employed fewer months after a period of incarceration.     

A Study of Methadone Maintenance For Male Prisoners: 3-Month Postrelease Outcomes

This study examined benefits of methadone maintenance among prerelease prison inmates. Incarcerated males with preincarceration heroin dependence (n = 197) were randomly assigned to (a) group educational counseling (counseling only); (b) counseling, with opportunity to begin methadone maintenance on release (counseling + transfer); or (c) counseling and methadone maintenance in prison, with opportunity to continue methadone maintenance on release (counseling + methadone). At 90-day follow-up, counseling + methadone participants were significantly more likely than counseling-only and counseling + transfer participants to attend drug treatment (p = .0001) and less likely to be reincarcerated (p = .019). Counseling + methadone and counseling + transfer participants were significantly less likely (all ps < .05) to report heroin use, cocaine use, and criminal involvement than counseling-only participants. Follow-up is needed to determine whether these findings hold over a longer period.     

监所在押人员的心理障碍研究

监所在押人员的心理障碍是指在被羁押事件的刺激作用下,个体在其认知因素的影响下表现出明显的心理困扰,如抑郁、焦虑、恐惧和愤怒等。而要克服在押人员的心理障碍就要改变其不合理的观念,对羁押事件进行建设性归因,改变其认知失调状态等,从而提高监所在押人员的心理适应性。     

狱政管理研究思路新探

本文对我国狱政管理的研究思路进行了反思,认为只有从多学科的角度拓展对狱政管理的研究,才能摆脱目前我国狱政管理工作的落后状况。     

Social Therapy Treatment of Criminal Offenders: A Survey of Pilot Institutions

This article reports on the theory and practice of ten social therapy institutions (sozialtherapeutische Anstalten) for offenders with a high risk of recidivism in the Federal Republic of Germany and West Berlin. On the basis of primarily psychotherapeutic concepts, these institutions have developed different approaches to everyday sociotherapy, largely abandoning traditional therapeutic procedures and involving all the staff in the course of treatment. The results achieved by these institutions are encouraging, but the continuity and further development are being jeopardized because of opposition from criminological and political quarters.     

Identification of Risk Factors for Self‐Injurious Behavior in Male Prisoners*

Abstract: Male prisoners with (n = 132) and without (n = 132) histories of engaging in self‐injurious behavior (SIB) were matched on conviction prefix and custody level. Conditional logistic regression revealed that a combination of risk factors from domains defined by developmental, offense history, mental health, and institutional functioning factors correctly classified 93% of the prisoners in the sample (ROC AUC = 0.89, S.E. = 0.005, p < 0.0001). Model specificity was 92.6% and sensitivity was 95.3%. False positive and false negative rates were 2.3% and 3.4%, respectively. Implications for the assessment of prisoners at risk for SIB as well as suggested future directions for SIB prisoner research are discussed.     

PPMs标准研究

环境污染很大程度上是在生产过程中产生的,PPMs标准就是对产品的加工和生产过程所制定的特定的环境标准。PPMs标准作为国际环境保护的一个重要措施,同时又成为影响WTO规则下自由贸易的一种壁垒方式,日益成为国际社会关注的重点。本文在对WTO法规内外PPMs标准研究的基础上,提出了对PPMs标准需客观地看待的观点,并对我国应当采取的法律对策提出粗浅建议。     

正当防卫限度的判断标准

正当防卫是各国刑事立法对公民个人所规定的一项重要的私力救济权利,对于保护个人、集体、国家的合法利益有着积极的作用.但该权利由于是公民个人行使,难免会因夹杂个人的感情色彩而运用不当,因此,世界各国在规定正当防卫制度的同时,对其都规定了较为严格的条件.如何正确掌握正当防卫的限度条件,区分正当防卫与防卫过当.这是司法实践中的一个重要问题.关于防卫过当的判断基准,存在主观说、客观说、折衷说等不同观点,由于主观说与客观说各自的不足,折衷说试图将二者统一起来,但折衷说的内容究竟以客观说还是主观说为基础,又存在不同观点.关于这点,应当结合各国的实际情况来认定,从我国的实际情况出发,应采以主观说为基础,兼采客观说的折衷说.     

Pilot Study of Automated Bullet Signature Identification Based on Topography Measurements and Correlations*†

Abstract: A procedure for automated bullet signature identification is described based on topography measurements using confocal microscopy and correlation calculation. Automated search and retrieval systems are widely used for comparison of firearms evidence. In this study, 48 bullets fired from six different barrel manufacturers are classified into different groups based on the width class characteristic for each land engraved area of the bullets. Then the cross‐correlation function is applied both for automatic selection of the effective correlation area, and for the extraction of a 2D bullet profile signature. Based on the cross‐correlation maximum values, a list of top ranking candidates against a ballistics signature database of bullets fired from the same model firearm is developed. The correlation results show a 9.3% higher accuracy rate compared with a currently used commercial system based on optical reflection. This suggests that correlation results can be improved using the sequence of methods described here.     

A Clinical Study of Competency to Consent to Hospitalization and Treatment in Geriatric Inpatients*

Abstract: This study used a Competency Questionnaire modified for medical surgical patients (CQ‐Med). Twenty‐nine patients (ages 65–94 years) admitted to a geriatric medicine unit were studied. Along with the CQ‐Med, patients were administered several WAIS‐R subtests, the Blessed Dementia Scale (BDS), and Mini Mental State Exam (MMSE). Additionally, a blind forensic evaluation for competency to consent to hospitalization and treatment was performed for the purpose of validation of the CQ‐Med. Results of the study found that, as expected, increased age was correlated with decreasing performance on the CQ‐Med and decreased findings of competence by clinical exam. However, there was great variability within each age group, demonstrating individual differences in the progress of declining competency. CQ‐Med scores also correlated well with the WAIS‐R subtest raw and scaled scores. Scores on the MMSE and BDS were less well correlated. The CQ‐Med may be a useful adjunct in assessing declining competency in geriatric patients.     

Validation of Walkway Tribometers: Establishing a Reference Standard*

Abstract: Tribometers are mechanical devices used to measure walkway coefficient of friction (COF) for the purpose of assessing slip risk. The purpose of this study was to define a tribometer reference standard and use it to assess the performance of various tribometers. Eighty subjects were randomly assigned to walk across one of four wet walkway surfaces (polished black granite, porcelain, vinyl composition tile, and ceramic tile) to establish the relative slipperiness of each surface. Eleven tribometers were subsequently used to measure and rank the COF of all four surfaces. Our results revealed that only four of the 11 tribometers (Wessex pendulum, Sigler pendulum, Mark II, and Mark III) met our compliance criteria by both correctly ranking all four surfaces and differentiating between surfaces of varying degrees of slipperiness. Our protocol demonstrates that human gait‐based measures of slipperiness can be used to create reference standards against which tribometer measurements can be validated.     

Management of Victimized Patients in Greek Primary Care Settings: A Pilot Study

The study explored the perceptions and practices of general practitioners (GPs) regarding the identification and management of victimized patients in primary care settings. A qualitative study was conducted employing three focus groups and a total of 18 GPs drawn from Greek General Practice Networks. Participants discussed issues of identification, assessment, recording, and referral of victimized patients at their clinical setting. Important points raised were the role ambiguity in the management of the victimized patients, the lack of confidence in diagnosing the problem, the discomfort in discussing Intimate Partner Violence (IPV) with their patients, the mistrust in the referral services, and the confidentiality issues affecting their recording practices. This preliminary information is expected to guide large-scale surveys and future interventions.     

技术中介机构法律规制研究

技术中介机构是为技术主体提供实现技术创新和应用的各种技术服务的新型中介组织,是加速技术产业化、促进技术市场发展的重要力量.我国技术中介机构的发展尚处起步阶段,规范化程度低,未能发挥促进技术市场高效运转的作用,其中立法研究的阙如是重要原因.因此,应加强技术中介机构立法研究,明确其法律性质、发展模式、立法模式等基本理论问题,以实现其规范化运作.     

The Political Styles and Organizational Strategies of American Prosecutors: Examples from Nine Courthouse Communities*

This paper focuses on the relationship between the political styles and organizational strategies of prosecutors in nine medium-sized courthouse communities in the United States. Three political styles are identified and a choice model developed that rests on the prosecutors' satisfaction or dissatisfaction with the status of their offices and on their view regarding the expected value of conflict. In turn these styles lead to different organizational strategies in which bureaucratization and office culture, given the mediating effects of office size and staff loyalty, are used as policy tools to achieve prosecutor goals.     

PRISONERS' FAMILIES A Study of Some Social and Psychological Effects of Incarceration on the Families of Negro Prisoners

This study examines the effects of imprisonment on the families of inmates. Likert scaling procedures were used to meaaire three components of change occurring in 93 families subsequent to the incarceration of the family head. These are: change in sociol acceptance, change in economic status, and change in the degree of sexual and emotional frustration of the wife. Findings indicate that finances and sexual-emotional frustrations underwent significant change and became problematic for a majority of families. Contrary to expectations, changes in social acceptance of the families were neither significant nor problematic except for a small minority.     

Firm Risk Management in the Face of Product Liability Rules*

This paper addresses the issue of corporate risk management strategies in dealing with products liability law. It views risk management as the dependent variable. How do attributes of the firm and of the law of products liability influence the risk management practices of the corporation? Drawing on the work of Oliver Williamson and others, the paper views the firm as a boundedly rational organization that must devote significant resources in monitoring and controlling its agents. This is especially costly in an environment where the measure of adequate performance (i.e. the design, manufacturing and marketing of a non-defective product) is uncertain and where the criteria used by legal actors (judges and juries) to judge product defectiveness, may vary substantially from the criteria used by the firm's engineers and scientists. Both the costs of control and the level of legal uncertainty are variables. Together they combine to shape a firm's risk management strategy.