College programs in prison and upon reentry for men and women: a literature review

People in prison participating in college education are least likely to recidivate and most likely to be employed after incarceration. Almost no research exists on the collateral – negative and often unanticipated – consequences of a criminal conviction on access to college upon community re-entry. We review these few studies, the existing research on college in prison – with special attention to women’s needs; some new ‘hybrid’ programs with 2 years of college in prison plus 2 years in the community; and the rare studies that interview people applying to college upon re-entry. Their struggles can be overwhelming and require more research and activism.     

Sympathy for the devil: state engagement with criminal organisations in furtherance of public policy

Governments have long relied on non-state actors to assist in the implementation of public policy. Legitimate elements of civil society have become familiar instruments of governance. States have also engaged criminal actors to this end. This article will note examples of state collaboration with criminal interests, from pirates turned privateers during the 17th and 18th centuries, to the patriotic hackers of today. It will discuss the strategic considerations giving rise to such engagements, the pitfalls that may beset them, and the ethical considerations that might inform the decision by a state to enlist the services of illicit organisations.     

The Difference a Job Makes: Licit and Illicit Work Experiences and Aspirations at a Transitional Housing Facility for Women Leaving the Sex Industry

This investigation establishes a baseline understanding of how women exiting the sex industry understand the economic options available to them by reviewing their work experiences in the legal economy, histories of sex industry involvement, and their aspirations for legal work upon entering a yearlong residential program offered at a transitional housing facility. Specifically, it explores how prior work experience, type of sex industry involvement, and demographic characteristics such as race and age intersect with women’s legal work aspirations upon leaving the sex industry. Analysis indicates that women’s occupational choices are limited by prior experiences within the formal and informal economies and that women of color and poor women of all ethno-racial backgrounds are particularly likely to face disadvantages in both economic sectors. Findings accordingly indicate that rehabilitative settings must consider whether the career pathways they create lead to economic self-sufficiency and reduce the likelihood that women will return to life situations they express a desire to leave.     

刑事附带民事诉讼死亡、残疾赔偿金审判探析

死亡赔偿金、残疾赔偿金的刑事附带民事赔偿问题，囿于立法、司法解释不明确和矛盾、司法实践中当事人赔偿能力低下、大多无财产可供执行的困难等诸因素，在是否列入刑事附带民事的赔偿范围及如何判赔问题上存在颇多争议。笔者在综合考察研究相关的立法、司法解释及刑事附带民事赔偿审判实践的基础上，主张应当列入赔偿范围且应当全额判赔。但应当给原告出具风险告知书并尽可能争取调解解决。进入强制执行阶段後，如有财产的，全额执行；如无履行能力的，则应中止或终结执行。同时，对因中止或终结执行而生活极端贫困被害人及其抚养人应给予国家补偿救济或“低保”。     

Dilemmas and consequences of prior criminal record: a criminological perspective from England and Wales

This article considers the contemporary architecture of criminal record usage in England and Wales. We focus upon impact on ‘employment status’, partly because work is often now seen as key to good health and other self-esteem indicators in the modern world. First, we examine in the context of England and Wales, (a) the development of the contemporary criminal record system and extent of availability of prior record information in terms of employment (and other licensing purposes) and (b) the factors that helped shape the current architecture. Second, this article outlines what is known from the British criminological literature on employment and conviction records and what more is needed in terms of criminological research. Finally, we consider how convictions become ‘spent’ – in particular the English approach to ‘expungement’/sealing of the criminal record according to the 1974 Rehabilitation of Offenders legislation.     

论《刑法修正案（八）》第46条之完善

《刑法修正案（八）》第46条规定了＂严重污染环境罪＂,删去了《刑法》第338条的＂致使公私财产遭受重大损失或者人身伤亡的严重后果＂。但是,如果舍弃传统的经济价值核算方式,而生态价值核算尚不具有司法上的可操作性,则＂严重污染环境＂难以明确,该修正条文将适得其反。保持现有的财产损失和人身伤亡的后果要件,增加对生态损害后果的考量,或具有权宜性,但更符合法制发展的渐进性精神。     

雇佣关系与法人作品构成要件

创作社会化要求更精确的非个人作品权属规则。现有法人作品研究重视其与职务作品的区分,轻视其与委托作品的区分,忽略了雇佣关系对作品归属的决定性影响。将非雇佣作品判定为法人作品的司法实践违背了产权原则,不符合对法人作品和委托作品的文义解释和体系解释,与比较法经验不符,同时存在法政策缺陷。所以法人作品必须以雇佣关系为要件,非基于雇佣关系产生的非个人作品是委托作品。     

Journey to murder: examining the correlates of criminal mobility in sexual homicide

Although the empirical research on the journey to crime seems to indicate that most crimes are committed close to home, only a few studies have specifically examined the journey to crime in cases of sexual homicide. Using a sample of 214 sexual homicide cases, the current study investigates, using logistic regression, offenders who travel during the crime to those offenders who commit their crime, all at the same location. Current findings suggest that sexual murderers who engage in intra-crime travel tend to use a vehicle in the commission of their offence, target adult victims who are involved in the sex trade and move the body post murder.     

“用人单位”的刑法意义探讨——以强迫职工劳动罪为视角

"用人单位"本是劳动法中的概念,但是,经过《刑法》第244条的进一步确认,又赋予其刑法意义。根据罪刑法定原则,"用人单位"可以构成强迫职工劳动罪的单位犯罪主体。对此,不论从刑法与其他部门法的关系,还是按单位犯罪的代罚制原则,以及根据适用刑法人人平等原则,乃至从司法解释的合法性上来看,劳动法中的"用人单位"概念在刑法上均可以得到合理、合法的解释。     

The judicial response to crime and the criminal: A utilitarian perspective

This paper examines the hypothesis that the sentencing decision of the criminal court is consistent with utilitarian principles and that the judiciary uses the length of incarceration as an instrument for the maximization of societal well-being. A theoretical model is developed, whose principal arguments are offender and offense attributes, resource costs, the availability of alternative sanctions, and the general crime rate. Four questions are considered: (i) How does a utilitarian court respond to a general increase in crime? (ii) How does the availability of alternative sanctions affect the length of incarceration ? (iii) How does a utilitarian court respond to offenders who are more likely to recidivate? (iv) How does the court respond to offenders who commit more serious offenses? The model is empirically evaluated, using cross-sectional data for the state of Georgia for individuals sentenced to prison in 1978 for a UCR index offense. The theoretical model provides few specific behavioral rules for the court to follow. Answers to the foregoing four questions are shown to depend upon both the efficacy of sanctions and the cost of the administration of those sanctions. It is not possible to predict, for example, how a utilitarian court should respond to a rise in crime or how it should respond to offenders who are likely to commit more serious offenses. The empirical analysis shows that, in fact, the sentence length varied inversely with the general offense rate, with the likelihood of imprisonment, and with the length of postprison probation. The evidence also indicates that sentences vary with the individual's original record but not with the offender's age or race. With the exception of possible gender bias, the court's sentencing behavior was consistent with utilitarian principles.     

Still Paying for the Past: Examining Gender Differences in Employment Among Individuals with a Criminal Record

Although many studies have examined employment outcomes of those with criminal convictions, no study to date has examined gender differences in employment outcomes of individuals with criminal convictions using a nationally representative sample of individuals from the United States. In this study, we use data from the 1997 National Longitudinal Survey of Youth to examine differences in employment after a criminal conviction for females and males. Results reveal that for women with a conviction, a drug offense and having dependent children limit the number of weeks of employment. For males, race, education, age at first conviction, and a subsequent conviction predict the number of weeks employed. Implications for policy and future research are discussed.     

The economics of crime and criminal law: An antithesis to sociological theories?

The relationship between sociology and economics of crime has been dominated by mutual prejudice and misunderstanding. This paper tries to contribute to a change of this stale of affairs by showing that, on the one hand, the economics of crime does not as a method imply politically conservative policy recommendations and, on the other hand, that insights of the sociology of crime may enrich the economic approach considerably. This is done via a brief survey of the economics of enforcement, the literature on the relation of income distribution and unemployment on crime, and the literature relating sociological theories of crime to methodological individualism.     

强迫职工劳动罪初探

根据无刑罚即无犯罪原则,应认为强迫职工劳动罪的犯罪主体是直接责任人员,所谓单罚制在刑法分则中并无体现。暴力、胁迫、殴打、非法拘禁等均是限制人身自由的手段。从立法完善的角度考虑,应规定本罪的主体包括自然人和单位,将罪状修改为“以限制人身自由的方法强迫他人劳动,情节严重的……,”并增设转化犯的规定。     

故意传播艾滋病行为的刑法适用

故意传播艾滋病的行为,不构成我国刑法中的传播性病罪,在当代的医疗水平下,可以认为该行为构成故意杀人罪。在审判时,被害人没有死亡的,只能追究行为人故意杀人未遂的刑事责任。经被害人承诺的故意传播艾滋病行为,也构成故意杀人罪。危及公共安全的故意传播艾滋病行为则会构成以危险方法危害公共安全罪。     

Earnings prospects,matching effects,and the decision to terminate a criminal career

This study represents an effort to investigate the age pattern of criminal involvement from an economist's perspective. It presents a dynamic stochastic model of sequential search and match evaluation which is used to explain the reasons for, and the timing of, the decision to terminate a criminal career. The behavioral implications derived from the theoretical model are tested using individual National Longitudinal Survey of Youth data. Estimation results strongly support the prediction of a negative relation between theoption value of retaining a criminal career and desistance decisions. More specifically, the effects of current and future expected criminal earnings are shown to be negative, substantial, and statistically significant in determining desistance probabilities. Retiring behavior is also significantly responsive to variables measuring personal costs of punishment and the availability and attractiveness of a legal income-generating activity in ways consistent with theoretical expectations.     

我国刑法中“恐怖活动犯罪”的认定

“制造社会恐怖”是恐怖活动犯罪特有的犯罪目的 ,正确理解恐怖活动犯罪的这一犯罪目的的内容 ,以及由这一目的决定的恐怖活动犯罪的罪过结构和客观特征 ,是司法实践中认定恐怖活动犯罪 ,正确适用刑法相关规定的基本前提。     

The Effect of Distributive Justice on Willingness to Pay for Municipality Child Care: An Extension of the GEF Hypothesis

Public-goods dilemmas are characterized by conflicts between self-interest and the welfare of a group or society at large. Research has identified several factors that enhance cooperation in such dilemmas. However, less is known about how concern for distributive justice affects willingness to contribute in asymmetric public-goods dilemmas. To test the hypothesis that contributions to a common resource is related to perceived fairness, experiments were performed to investigate willingness to pay to the social service of child care in hypothetical societies. Experiment 1 aimed at replicating a previous survey study (Biel et al., 1997). Experiments 2 and 3 were extensions. In all three experiments subjects were asked to indicate how fair they considered different distributions of the quality of child care provided by their municipality. These distributions corresponded to the principles of equality, equity, and need. University students (32, 48, and 32 in the three experiments, respectively) served as subjects. Ratings of perceived fairness were positively related to willingness to pay. Other factors also positively related to willingness to pay included ability to pay, personal need, expected payment from others, and the number of households who had to contribute in order to maintain the quality. Furthermore, decreasing municipality size increased willingness to pay.     

退耕还林工程中的职务犯罪——以天水市为例

国家自1999年实施退耕还林工程以来，取得了显著的生态效益和经济效益：西部地区脆弱的生态环境得以明显改善，农村产业结构得到了重大的调整。但在推进退耕还林项目的过程中，一些主管、经手退耕还林补助粮款的林业、乡镇、村组干部利用职务之便，贪污、挪用、克扣、截留补助粮款的行为呈高发态势，涉案金额巨大，社会影响恶劣。造成该类犯罪频发的原因是多方面的，既有监督机制阙如、档案管理混乱、检查验收流于形式等外在因素，也有基层组织人员心理失衡、居功思想严重、法制观念淡薄等自身因素。职是之故，在治理该类犯罪时应坚持“打防并举、标本兼治”的原则，既要建章立制、加强教育，还要重拳出击，震慑犯罪。