法律语境中弱势群体概念构建分析

弱势群体本质上是一个社会学概念,法律语境中的弱势群体既包括经济贫困群体,也包括权利贫困和能力贫困群体。弱势群体应根据人的社会地位、生存状况而非生理特征和体能状态来界定,它在形式上是一个虚拟群体,是社会中一些生活困难、能力不足或被边缘化、受到社会排斥的散落的人的概称。     

The Punitive Repertoire of Children's Homes and Reformatories

Although equality before the law is one of the fundamental principles of modern democracy, current Western research has shown that discrimination exists within the justice system when enforcing traditional crimes. However, in Scandinavian research on economic crime, the question of equal treatment has been neglected. Based on Swedish data of suspected offenders during 2003, we examined whether different social groups received differential treatment in investigations of traditional and economic crimes. Further, we compared the Regular Police with the Economic Crimes Bureau (ECB) to examine whether the professional specialization of street-level bureaucrats influence the occurrence of differential treatment. We also examined the efficiency of the authorities and more specifically to what extent they issue a waiver of prosecution, a prosecutor's fine, or a court indictment. Besides supporting earlier research on traditional crime, our results show that differential treatment also exists in relation to economic crime, but the patterns of differential treatment are not identical with the ones for traditional crimes. We also found that the two agencies, the ECB and the Regular Police, treat diverse social groups differently. Although the ECB is somewhat more efficient, professional specialization does not appear to be an important factor concerning the issue of differential treatment. It exists regardless of investigating authority. Further action is being taken more often in relation to men and those with a lower level of education at both agencies. However, in some cases the suspect's background does have a different effect on the work of the two agencies, with the ECB less often taking further action against ‘Swedes’ and those on ‘high incomes’, while the Regular Police less often take further action against ‘immigrants’ and those on ‘low and middle incomes’.     

看守所在押人员心理特征刍议

分析在押人员的心理特征，有的放矢地进行教育改造，不仅是配合侦查、起诉、审判工作顺利进行的需要，也为保障看守所安全所必需。本文着重对在押人员心理特征及其影响因素进行了探讨。     

An Empirical Review of Family Group Conferencing in Juvenile Offenses

This study reports the results of an effect size analysis of the effectiveness of family group conferencing (FGC) on recidivism and satisfaction in juvenile offenses. Analyses were conducted on nine studies consisting of 2,880 juveniles. The average recidivism effect size for all studies showed no FGC treatment effect on recidivism. A total satisfaction effect size was calculated by the mean score of all satisfaction variables for victims, offenders, and supporters. The average total satisfaction effect size was moderate. The average effect size for satisfaction of victim, offender, and supporters was calculated for all satisfaction variables. The average total satisfaction effect size for victims was strong, moderate for offenders, and mild for parents and supporters. Between groups, comparisons were conducted to examine differences in overall satisfaction by participant group. While there were higher effect sizes for victims compared to supporters and offenders, there were no statistically significant differences between groups. Results find no support for the effectiveness of FGC in reducing recidivism. Results do show higher effect sizes for FGC in comparison to control groups in satisfaction with the criminal justice process. Recommendations for methodological improvements in future FGC research are discussed.     

Sex,Dementia, Capacity and Care Homes

This paper addresses the appropriate legal and policy approach to sexual conduct involving people with dementia in care homes, where the mental capacity of one or both partners is compromised. Such conduct is prohibited by sections 34–42 of the Sexual Offences Act 2003, but this article asks whether this blanket prohibition is necessarily the appropriate response. The article considers a variety of alternative responses, eventually arguing that clearer guidance regarding prosecution should be issued.     

Group Treatment for Aggressive Women: An Initial Evaluation

There is virtually no information or research on group treatment for women who may behave abusively to intimate partners. The Calgary Counseling Centre has offered a group treatment program for such clients, Responsible Choices for Women, over the past several years. This paper describes the group format, the demographic characteristics of the 64 women who began the group, and a comparison of those who completed treatment versus those who dropped out. The pre/mid/post-test group evaluation utilized measures of physical and non-physical partner abuse, self-esteem, depression, clinical stress, marital satisfaction, family relations, locus of control, sex roles, and assertiveness. The repeated measures analysis on data from 33 women found statistically significant improvements on non-physical abuse of partner, clinical stress, generalized contentment, self-esteem and assertiveness, using a conservative p-value of .009, given the use of multiple tests. Clinical implications of these results are described.

美国养老院的“化学暴力”

滥用抗精神病药物在好莱坞大片中,人们常常能看到利用药物来控制不服从命令的人的镜头,这与把人绑到桌椅上的做法没有什么两样。现如今,这一切竟在美国的养老院中真实上演。美国许多居民把年迈的亲人送至养老院接受照顾后发现,他们原来尽管体弱多病但还能够进行交流,可是进了养老院后却判若两人,性情大变。究其原因,在于控制行为药物的滥用,其中包括药性强烈的抗精神病药物。     

团体诉讼：群体性事件有效化解的一种路经

转型中国社会治理中频频出现的群体性事件大多因官民矛盾的激化而引发。与时下流行的行政化解手段相比,通过司法这一理性交往渠道更能妥善消解群体性事件引发的危机。相较于个人诉讼及集团诉讼而言,团体诉讼因其所固有的制度比较优势,对部分群体性事件的化解更具实效。透过失地农民、出租车司机及环境污染受害者等三类典型群体性事件粗略的微观观察．可以为团体诉讼化解群体性事件机制的构建提供有益的启示。     

群体性事件的界定及其多维分析

目前对群体性事件的含义还存在诸多不同的看法。群体性事件一词有一个由“群众闹事”、“聚众闹事”逐渐发展为“群体性治安事件”的过程。通过对几种代表性界定的研究和对群体性事件的多维分析,群体性事件是由人民内部矛盾引发的,由利益要求、观念主张相同或相近的群众形成群体,聚众以非法的形式或手段来主张合法权益表达意愿的,有较大社会危害性应依法妥善处置的事件。     

An Evaluation of a Parent Group for Survivors of Intimate Partner Violence

Researchers continue to demonstrate the significant physical and mental health consequences to women who experience intimate partner violence (IPV) and children exposed to IPV. However, more research is needed to examine group interventions that support mothers, their children, and the parent-child relationship in the aftermath of IPV. We analyzed data provided by women who participated in a 12-week parent group. The objectives of the parent group were for mothers to better understand their children’s developmental experience of IPV and to break the secret of domestic violence in their family. The sample included 15 women who completed the group and the baseline, midpoint, and endpoint surveys. Eleven of these women also completed a semi-structured interview three months following the group. Survey items and interview topics focused on group process and outcomes. Women reported the group helped them feel less alone in their experience of IPV and they valued having a space to learn and discuss new concepts that related to their experiences and their children’s experiences of IPV. They reported more confidence in identifying their child’s feelings and being a safe person to whom their children could express their anger. Women also reported they developed greater coping and communication tools, and a strengthened mother-child bond, through group participation. Group interventions are an important format for learning and sharing for some mothers who have experienced IPV, though more evaluation is needed on what components of these group interventions are the most supportive of mothers’ healing and growth.

     

Group Size, Group Heterogeneity, and Voting Rules: An Application of the Buchanan-Tullock Model to the European Union

In The Calculus of Consent, Buchanan and Tullock develop a theory of voting rules in which the optimal rule is determined by minimizing the sum of voters' external and decision costs. Other researchers have extended the Buchanan-Tullock model to include the effects of group size and heterogeneity on external and decision costs and, subsequently, on the optimal voting rule. Despite the prominence of the Buchanan-Tullock model in the constitutional, legal, and public-choice literature, their theory has not (to our knowledge) been tested. In this paper we test the Buchanan-Tullock model by examining the establishment and evolution of voting rules in the European Union. Over the past four decades, the European Union has experienced significant changes in number and heterogeneity, and we interpret the general movement towards, and call for, less inclusive voting rules as support for Buchanan and Tullock's original theory.