《国家赔偿法》第17条第(一)项适用之探讨

在国家不承担刑事赔偿责任的六种法定情形中,对于《国家赔偿法》第17条第(一)项的理解存在着较大的分歧,导致法律适用不一。以国家赔偿的归责原则为基础,探求刑事诉讼各阶段“公民自己故意作虚伪供述,或者伪造其他有罪证据”与刑事赔偿的关系,进而对《国家赔偿法》第17条第(一)项国家不承担赔偿责任的法定情形提出司法与立法建议。     

Inmates’ Experiences with Prison Visitation

Prison visitation is an important tool used to strengthen inmates’ social ties and incentivize good behavior in prison. Nevertheless, prison visits do not always go well for inmates, and we know little about why that is. Accordingly, in the current study we examined inmates’ varied experiences with prison visitation. We used data collected from 228 visited inmates who reported on 701 of their adult visitors, and identified whether visits typically made inmates feel guilty, stressed, sad, loved, comforted, and/or supported, and if inmates often argued with their visitors. Results from multilevel models indicated marked variability in inmates’ experiences with visitation, shaped by: who visits, how often they visit, inmates’ pre-prison behaviors, prison life, and demographic factors. These findings suggest that resources for conflict resolution may be needed during visitation, and that family-centric correctional interventions that recognize the variation we have uncovered here might hold promise in maximizing the effectiveness of visitation.     

刑案无辜者虚假有罪供述的识别

目前通过诉讼程序对无辜者作出的虚假有罪供述识别乏力,可识别的案件种类较少且具有被动性、偶然性、滞后性特点。为此,应将识别的重心前移至侦查阶段,拓展识别的路径,对无辜者的言语、非言语行为、生理心理及供述内容本身进行识别。     

新型毒品滥用与反社会人格——一个犯罪心理学的透视

如果从犯罪心理学的视角,分析新型毒品滥用群体的人格特征,结合考察新型毒品与传统毒品之间的区别,则不难发现,新型毒品的心理依赖性背后,事实上反应了吸毒者群体中一种共性人格特征;而这种共性人格特征实际又与反社会人格障碍之间有着千丝万缕的联系,其深层原因,在于新型毒品对于反社会人格障碍者而言,是一种释放自身被规范所压抑的人格的最具吸引力,且最少责任的媒介。这就为我们提供了一条矫治新型毒品滥用者的新思路。     

Female prisoners' understanding of ‘bullying’ and their methods of coping: a multinational perspective

Abstract

Whilst prison bullying is a well-researched form of aggressive behaviour, recent studies have suggested that there may be discrepancy between how prisoners and researchers understand the term ‘bullying’. Interviews with 26 female prisoners were subject to constant comparison framework analysis. More than 150 themes were identified. These suggested that whilst there is overall agreement between prisoners and researchers as to what behaviours constitute bullying, a consensus does not exist within the prisoner population. Behaviours identified as bullying behaviours by prisoners are also reported as methods of coping. Cultural differences in behaviour and how these relate to perceptions of aggression were identified by the women prisoners. The findings of this study have implications for researching bullying in institutions such as prisons, and for managing and intervening with bullies in prisons.     

Mexican‐American homicide in phoenix, 1980–1991: A comparative and descriptive analysis

Race and ethnicity has emerged as one of the most important variables in explaining differences in homicide perpetration and victimization patterns in the U.S. Most research on minorities and homicide has tended to focus exclusively on African‐Americans, while excluding other minority groups such as Native Americans, and Latinos. In this study we examine patterns of homicide among Mexican Americans in Phoenix from 1980 through June 1991. These patterns are compared to those displayed by non‐Latino African Americans, and non‐Latino whites in Phoenix for the same time period.     

Accumulating meaning,purpose and opportunities to change ‘drip by drip’: the impact of being a listener in prison

Established in 1991, the Listener scheme, regulated by the Samaritans, is currently the best-established peer support scheme in place to help reduce suicide in prisons. Each prison Listener team is comprised of a group of inmate volunteers who provide face-to-face emotional support to their peers. Although the scheme has been in operation for over 20 years, empirical research on the scheme is limited. A deeper understanding of how being a Listener affects prisoners' attitudes, beliefs, emotions and experiences of imprisonment is needed. The present study is a qualitative analysis on the experience of being a Listener and the impact it has on individuals and their prison experience. Interviews were analysed using interpretative phenomenological analysis. The analysis revealed two main superordinate themes: ‘Listening and Personal Transformation’ and ‘Countering Negative Prison Emotions’. These themes are unpacked and the analysis focuses on their implications for desistance and offender reform. Results suggest that prisoners who adopt Listener roles experience profound internal changes, shifts in self-identity and gain meaning and purpose from prison. Implications for how such schemes may be utilised in the future and suggestions for further research are offered.