监狱精神病罪犯问题及法律规制

对精神健康问题的关注程度标志着一个国家文明程度的提升,相应地对精神病人的刑事处遇政策也体现了一个国家刑事法治的发达水平,目前,监狱精神病犯人数有所增加,对这些特殊人群的关爱和保障要尽快提上议事日程,应当结合监狱的具体实际,建立罪犯服刑能力鉴定机制,强化“司法审查关”;构建强制治疗程序,发挥其防卫社会、治疗疾病和保障人权的功能;在监狱系统设立专门的精神病医院或监区,以维护监狱安全和保障罪犯权利。     

Female sex offenders: severe victims and victimizers

Although there is an extensive body of literature concerning male sexual offenders, there is a marked lack of articles describing sexual offenses committed by females. The authors present a review of the existing literature on this topic and describe five cases of female sexual offenders and four cases of female sexual abusers. Implications for the effective assessment and treatment of this unique population are discussed.     

罪刑法定与刑法解释的冲突

公正是刑法精神的核心.作为一种观念,罪刑法定在价值选择上偏向于刑法的安全性,重视形式公正;作为一种司法实践活动,刑法解释的最高价值目标是如何冲破罪刑法定的束缚以实现实体公正.罪刑法定与刑法解释于是出现了两种冲突:在现实中,刑法的稳定性与社会无穷发展的矛盾,使刑法解释在某些方面不可避免地要背离罪刑法定;但依法治原则,如何以牺牲最小的实体公正来换取形式公正应成为法治国家刑事司法的最高理念.     

Alcohol and drug consumption among sexual offenders

Purpose

To evaluate the role of alcohol and drug consumption between sexual offenders against boys and girls.

Method

It was an observational, retrospective and cross-sectional study carried out by the Ambulatory for the treatment of sexual disorders of ABC Medical College, Santo André, São Paulo, Brazil (ABSex). The sample comprised 104 convicts, over 18 years old, sentenced only for sexual crimes against children (below 11 years old). Alcohol and drug consumption, sexual abuse history, sexual impulsivity, and risk of recidivism were evaluated.

Results

The sexual offenders against boys showed higher alcohol consumption problems than sexual offenders against girls (χ² = 19.76, 1 d.f., p < 0.01). The severity of alcohol consumption was also significantly higher in the sexual offenders against non-related boys than in the sexual offenders against non-related girls (p = 0.037, ANOVA). After adjustment for other variables, such as monthly income before the penalty and alcohol consumption at the moment of the crime, the alcohol consumption severity in sexual offenders against boys was significantly higher than in sexual offenders against girls (OR = 1.05, CI 1.01–1.08, p < 0.01).

Conclusions

Alcohol use or abuse is associated with the perpetration of sexual aggression. The role of alcohol consumption seems to be greater in sexual offenders against boys than in girls and this can contribute to criminal recidivism.     

Causes of death in hospitalized intravenous drug abusers

The authors reviewed at autopsy the causes of death of 274 patients with evidence of intravenous drug abuse who had been admitted to a large public hospital. There were 127 who died from diseases unrelated to intravenous drug abuse, and in 41% of these, chronic alcoholism was implicated. Deaths from overdose syndromes and drug-related organ pathology comprised only 11% of all cases. The mean age at death was 39 years. There was a male/female ratio of 3.6:1. Half of all patients died from infection--72 from acquired immunodeficiency syndrome (AIDS) alone. These findings indicate that persons hospitalized with a history of intravenous drug abuse usually die from causes other than overdose and that AIDS and chronic alcoholism are significant problems. Emphasis should be placed upon detecting "hidden" intravenous drug deaths to provide more accurate statistical information.     

Modeling the longitudinal impact of legal sanctions on narcotics use and property crime

Structural equation models are used to confirm the suppressive effects of legal sanctions, e.g., probation and parole, on narcotics use and property crime. Both concurrent and longitudinal effects of legal sanctions are tested within two different models, which together span the entire addiction career. The findings indicate that (1) the suppressive effects of legal sanctions are evident only when legal sanctions are operationalized as parole or probation officer contact where urine monitoring is utilized; (2) only concurrent suppressive effects are statistically significant, and longitudinal suppressive effects are not; (3) both narcotics use and property crime are suppressed by legal sanctions, although the latter is less responsive than the former to intervention by the criminal justice system; and (4) suppressive effects tend to be more pronounced later in the addiction career. The significance of the findings and the implications for criminological theory related to issues regarding surveillance effects are emphasized.     

A comparison of punishment exchange rates between offenders under supervision and their supervising officers

Previous research revealed gender and racial differences in offender preferences for prison compared to alternative sanctions, in the amount of an alternative sanction offenders would serve to avoid prison, and in the severity ranking of criminal sanctions. Nevertheless, opinions of officers who supervised those clients have all but been ignored. In this study, this literature was extended by comparing perceptions of Kentucky probation and parole officers regarding the amount of alternative sanctions that offenders would serve to avoid one year of imprisonment to perceptions of the offenders whom they supervised regarding the same topic. Based on analysis of data from an electronic survey of approximately 230 probation and parole officers and approximately 600 probationers and parolees, results suggested that there were significant differences in “exchange rates” of officers when compared to those of offenders. Justifications for these findings and their implications for correctional policy and practice are discussed.     

Examining legal authoritarianism in the impact of punishment severity on juror decisions

Recent Supreme Court decisions point to an increased reliance on juries to determine a defendant's sentence. Evidence is mixed on whether jurors are more likely to convict when the potential punishment is mild. The current study examined this issue, as well as the impact of legal authoritarianism (LA) (Kravitz, D. A., Cutler, B. L., & Brock, P. 1993. Reliability and validity of the original and revised legal attitudes questionnaire. Law and Human Behavior, 17, 661–677. doi: 10.1007/BF01044688), on jurors’ decisions. An ethnically diverse sample of participants completed the individual difference measure prior to viewing a videotaped, reenacted criminal trial. We manipulated the severity of the punishment the defendant would receive if convicted. Results indicated LA moderated the effect of punishment severity on verdict. Specifically, at higher levels of punishment severity, civil libertarians convicted less, while legal authoritarians convicted more. That is, the severity-leniency effect held for civil libertarians, but not for legal authoritarians. As juries become more responsible for determining a defendant's sentence, attorneys should be aware of the defendant's potential sentence and use voir dire to identify jurors who are higher on LA.     

Female homicide offenders: Trends over time in an institutionalized population

The records of 460 female homicide offenders, admitted to a state prison for women between 1940–66 and 1981–83, were examined to determine changes in the character of the offender and the criminal event itself. While there were several respects in which the contemporary murderess differs from her predecessor, overall the data have questioned the extent to which changing roles for women have influenced the character of female homicide over time. Whatever influence the women's movement might have had on middle- and upper-class women, the contemporary murderess seems as far from liberation as her sisters in the '40s, '50s, and '60s.     

Female sex offenders who abuse children whilst working in organisational contexts: offending,conviction and sentencing

To date, there has been very little research into the phenomenon of female-perpetrated institutional child sexual abuse (CSA). This study explored 71 cases of CSA perpetrated by women working with children, considered by UK police and courts between 2000 and 2016. Qualitative and quantitative content analysis was employed to examine court reports, professional regulatory body decisions, media reports and an online sentencing database in order to identify perpetrator and victim characteristics, the nature of the offending behaviour, modus operandi and criminal justice system responses. Findings indicate most women offended alone and had no previous criminal or employment records of concern. Victims were typically male and 15–16 years old. Most women received custodial sentences, typically of 2–3 years in length. Implications for policy and practice are also discussed.     

中国古代族刑的嬗变及存在根由分析

族刑作为中国古代一种残酷的刑罚种类,其产生和发展有其思想和制度上的根源。中国古的社会特点和结构,以及统治者的反人民性的本质,决定了族刑得以延续。对刑法的工具主义和刑罚的镇慑功能的追求,使得统治者历来信奉重刑治国。现代法治社会,对人权的保障,必须确立"罪止其身"的刑罚原则。     

Alcohol and drug use among rural and urban incarcerated substance abusers

A number of prisoners use drugs. Limited information is available about the extent to which urban and urban substance abusers differ in their drug use in criminal justice settings. In addition, many believe that rural areas are protected from drug use. However, findings from this study show only marginally statistical significant differences in drug use between incarcerated rural and urban drug users. It was expected that urban drug users would be more drug career involved with consistently higher levels of drug use and associated problems. Specifically, rural drug users in this study were older at age of first use of marijuana and cocaine; report fewer years of cocaine, hallucinogen, and heroin use; and report more alcohol and sedative use. Findings from this study suggest that rural and urban drug users are similar and that rural areas may be protective from some drug use but risky for other drug use.     

Race,politics, and punishment

This paper empirically evaluates two competing theories of electoral accountability in the context of New Orleans’ 2006 mayoral election. According to the democratic efficiency theory, voters can successfully punish ineffective political agents by removing them from office. In contrast, the public choice theory argues that the bundled nature of political goods prevents voters from successfully holding ineffective politicians accountable. We find that although there is limited support for the punishment effect predicted by the democratic efficiency theory, this effect is overwhelmed by the fact that the bundle of goods politicians offer contains elements that pull in opposing directions. This prevents the punishment effect from having any real impact, leading to democratic failure. Our results support the public choice theory of electoral (un)accountability.     

Economy,punishment and imprisonment

Recent trends in sentencing in England and Wales are discussed and related to the debate concerning the relationship between unemployment and imprisonment. The shift towards a more punitive justice system are traced to the abandonment of full employment economic policies in the mid 1970s.