孕妇不适用死刑的国际人权法与国内法比较研究

孕妇不得适用死刑历来是从对象上严格限制死刑适用的一个重要举措.从国际人权法规定来看,对孕妇不得适用死刑重在对孕妇"不得判处"和"不得执行"死刑,我国有关法律规定和司法解释虽然是两者兼顾,但并不能排除对孕妇判决和执行死刑的可能性,由此有必要在保护孕妇、新生儿及新生儿的母亲包括流产后内妇女权益的立法精神指导下尽快完善有关规定.     

The Prevalence of Domestic Violence Among Pregnant Women Who Were Attended in Iran University of Medical Science Hospitals

The prevalence of domestic violence (DV) during pregnancy could be high and is associated with significant psychological and physical impairment for mother and the fetus. The major objective of this study was to determine the prevalence of DV in expectant mothers who have attended the Iran University of Medical Sciences’ Hospitals (IUMS). In this cross-sectional study, 1,800 subjects were interviewed using a modified questionnaire to determine the prevalence of DV. Consecutive sampling was performed in six major hospitals of IUMS according to the number of referred patients. The prevalence of DV was found to be 60.6% including three types of physical, psychological, and sexual violence with the prevalence of 14.6, 60.5 and 23.5%, respectively. Severe physical DV was 5.3%. Severe psychological and sexual DV were also found in about 24.6 and 3.4% of cases, respectively. DV had a high prevalence in this study. It is recommended that all accessible pregnant women be screened for DV. Study of the prevalence of DV within the community with a larger sample size, and using cluster-sampling methodology would be of immense value.     

孕妇不适用死刑的立法目的及其目的论解释

由于忽视对立法目的的探讨和提炼,对如何理解审判的时候怀孕的妇女存在聚讼。以限制死刑主体,废止孕妇死刑为目的,可以对此作出和谐统一的、合目的的解释。审判时包括整个刑事诉讼程序与死刑判决执行程序。孕妇应指怀孕的所有情形,包括正在怀孕、曾经怀孕和异常怀孕等。刑法第49条与相关司法解释、刑诉法第211条等的规定不存在矛盾。     

The Buffering Effect of Social Support between Domestic Violence and Self-Esteem in Pregnant Women in Tehran,Iran

The study aimed to investigate the prevalence of domestic violence (DV) in pregnant women and to explore relationships of self-esteem and social support (SS) relating to DV. Six hundred young mothers were investigated. 28.2 % reported that they experienced some type of DV during pregnancy. The occurrence of physical abuse was not related to self-esteem or SS. When verbal violence was reported, satisfaction with SS was lower and self-esteem was lower by trend. Self-esteem was substantially lower when sexual violence was indicated. The number of people available for support did not provide a substantial buffering effect, but the perceived quality of SS did. Higher education in the mother and husband, and women’s employment represented protective conditions against the occurrence of DV.     

Little Women

Abstract

Despite the growing trend of waiving youth to adult/criminal court, little is known about how convicted youth experience adult prison. To date, no research has been published about girls in adult prisons. In this study, intensive interviews were conducted with 22 girls serving time in a women's prison in the Midwest, as well as four staff working in the girls ' unit. The findings describe the complex lives of girls housed in an adult women's prison, in particular, their difficulties in gaining access to adequate schooling, work training, counseling, and health care. We also address the girls' contact with adult women prisoners, as well as their relationships with staff at the prison. Beyond improving their conditions of confinement, our research highlights the need to consider the appropriateness of placing girls in adult institutions.     

Women Police

Abstract

This study investigated the use of force by and against women police officers using survey data from a large sample of female and male officers in six departments. Results suggested that female officers and same-gender female-female officer pairs used less force, and were less likely to use physical force, in police-citizen encounters when compared to their male counterparts. There was no evidence supporting the proposition that citizens used less force against female officers compared with male officers. In fact, the findings indicated that citizens used significantly more force against female officers relative to male officers in domestic calls. Although female officers were more likely to engage in underpredicted policing; that is, use less force than the situation would normally dictate, underpredicted policing was not related to an increase in the likelihood of officer injury. Implications for women officers, police use of force, and the institution of policing are discussed.     

Influences of Childhood Abuse on Parenting Perspectives of Pregnant Cohabitors

Using thematic analysis, we examine the effects of childhood abuse regarding parenthood for pregnant cohabitors from qualitative interviews. Participants (N?=?18; 10 women and 8 men) recalled childhood abuse during the Adult Attachment Interview. Three themes emerged: (1) “Learning what not to do,” whereby abuse is discussed as something not to continue, and harmful toward children; (2) “Use but modify parents’ discipline,” whereby individuals state that they will employ methods of their parents, but in ways different for their children; and (3) “Ambiguous,” whereby discussions are unclear and confused about how the abuse will affect their parenting. These results suggest that even when pregnant cohabitors want to parent differently than their own parents, they may not have relevant models or skills. For practitioners, we suggest interventions aimed at providing alternative models for how to parent, and effective and appropriate disciplining methods, as ways to deter intergenerational abuse.     

Protecting Battered Women

Abstract

Summary. Domestic violence is a major societal problem that affects millions of people. The American legal system is attempting to assist victims of domestic violence by designing laws that offer various types of protection. The civil laws have been expanded to provide protection to more people, such as dating partners, same-sex couples, and people who offer help to victims. In addition, a victim of domestic violence can seek a particularized form of relief, designed for their specific situation. The laws will vary between jurisdictions, but the movement is towards more complete and effective laws that assist people who are in violent situations.     

Women Warriors:

The study of American Indian and Alaska Natives peoples is a highly complex and multifaceted one which must occur within the context of their culture and society. This paper examines the issues of crime and alcohol among American Indians, and the importance of women in American Indian society and culture.     

Women law Professors

Until recently, women were rarely found on the faculties of the nation's law schools. The few who were tended to teach at their alma maters and specialized in only a few subject areas. This article reports the extent to which women have become part of the tenure track faculties of the nation's law schools. The author finds that women have made considerable progress toward becoming tenure track law teachers. She finds, however, that women law professors continue to be academically inbred in disproportionate numbers and overrepresented in some subject areas.     

The Needs of Women Offenders

Abstract

Recent corrections research indicates that programs and community services providing assistance and training for women offenders are lacking. Using a sample of 402 female felony offenders, women's needs, including those thought to be criminogenic (i.e., characteristics and circumstances that heighten an individual's recidivism risk), are examined to determine whether certain groups of women possess similar sets of needs. Cluster analysis is used to identify combinations of needs shared within subgroups of female felons. Identification of common and co-occurring needs, particularly those associated with high risk for recidivism, can assist program staff, advocates for women offenders, and correctional administrators in determining what combination of program elements should be available to women, and the degree to which programming must address multiple domains.