英美国家体育暴力伤害行为刑事责任初探

在英美国家,体育暴力现象非常严重。尽管对体育暴力的刑事可罚性存在很大的争议,但这些国家还是确立了某些体育暴力行为应当承担刑事责任的法律原则。借鉴英美国家经验,我国刑法应确立被害人同意为正当化事由,进而为体育暴力行为的刑事规制提供依据。     

From abusive household to dating violence

Social scientists have theorized about the cycle of domestic violence in family abuse. Little research has addressed dating violence as a consequence to the experience of domestic violence by children. This article deals with the self-reported experience of dating violence by high school students from abusive and nonabusive households. A survey was conducted of 1,353 students in a rural area of North Dakota. Results indicated that students from abusive households showed significantly higher incidence of dating violence than those from homes where no abuse was evident. However, less than one in five of the students from abusive home reported dating violence, providing little support for the cycle of violence hypothesis. Students from abusive homes viewed violence as negatively as students from nonabusive homes. Thus, while there are significant differences between the two groups, there are also important similarities. Although there is apparently a greater risk of dating violence among students who have experienced violence at home, these data do not support the idea of an inescapable pattern of violence among adolescents who have experienced violence themselves.     

Towards a Sociological Understanding of Football Hooliganism as a World Phenomenon

In this article a sociological diagnosis of football hooliganism as a world phenomenon is given. The author uses mainly English (newspaper) data about football violence (in and outside England) as an empirical base to explore how hooliganism can be theorised and understood. These data can usefully serve as a rough indication of the worldwide incidence of football hooliganism in the twentieth century. The author favours the figurational/process-sociological approach to football hooliganism which is historical and developmental. It also involves an exploration of the meanings of hooligan behaviour via an analysis of verbatim statements by the hooligans themselves, locates the football hooligans in the overall social structure, especially the class system, and examines the dynamics of the relationship between them and groups in the wider society. It is important, nevertheless, to stress that it is unlikely that the phenomenon of football hooliganism will be found always and everywhere to stem from identical social roots. As a basis for further, cross-national research, it is reasonable to hypothesise that the problem is fuelled and contoured by, among other things, what one might call the major 'fault-lines' of particular countries. Effective policies are urgently needed if the great social invention of football is to be protected from the serious threat posed by a combination of hooligan fans, complacent politicians and money-grabbing owners, managers and players.     

竞技体育暴力行为之法律认知——关于竞技体育暴力行为的调查报告

竞技体育暴力行为不仅仅是一法律问题,也是一社会问题。针对社会大众对竞技体育暴力行为的一般性认知、行为性质的认知、意涵界定的认知、责任承当方式的认知的社会调查结果,是刑法介入竞技体育暴力行为的前提和基础,而且是学术研究和立法完善的实证依据。     

Neighborhood Characteristics, Peer Networks, and Adolescent Violence

Although ecological researchers consistently find high rates of crime and violence within socioeconomically disadvantaged neighborhoods, there is little consensus as to why this pattern exists. To address this question, we use data from the National Longitudinal Study of Adolescent Health (n=12,747) to examine three related research questions. Are neighborhood characteristics associated with adolescent violence net of compositional and selection effects? Are neighborhood characteristics associated with adolescents’ exposure to violent and prosocial peers? Does peer exposure mediate the neighborhood characteristics–violence association? Results indicate that across a wide range of neighborhoods, socioeconomic disadvantage is positively related to adolescent violence net of compositional and selection effects. Additionally, neighborhood disadvantage is associated with exposure to violent peers, and peer exposure mediates part of the neighborhood disadvantage–violence association. Joining structural and cultural explanations for violence, our findings suggest that neighborhood disadvantage influences adolescent violence indirectly by increasing opportunities for youth to become involved in violent peer networks.     

Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

The fastest growing marital status category in America is divorced, with the number of divorced individuals quadrupling between 1970 and 1996. The majority of children in divorced families live with a single parent and often lose contact with the noncustodial parent. A recent review of the literature suggests that many noncustodial fathers fail to keep contact with their children and become delinquent in child support payments because of their dissatisfaction with the custody arrangement. However, there has been little examination of how custody arrangements are typically determined or settled. In addition, divorces that involve spousal violence bring further complications to child custody, visitation, and child support decisions. This study included a 20% random sample of court records for all divorces settled in one county judicial circuit court during 1998. The purpose of this study was to examine characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions. Contrary to popular belief, findings from this study indicate that divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. About 38% of the couples had children in common and between 78 and 92% of cases were settled through agreement, which suggests that fathers are in fact agreeing to the custody arrangement, rather than being forced into it. About one in five records overall noted spousal violence, and there was no significant difference in settlement methods for couples with or without spousal violence. Cases with children and spousal violence were significantly more likely to have also mentioned substance use and postdecree activity. This study suggests a need for more focused attention on divorce cases with spousal violence to reduce postdecree court involvement and safety of children and adult victims, as well as further study into what causes noncustodial parents to lose contact with their children.     

Intimate Partner Violence Among Hispanic Females

Abstract

Intimate partner violence poses a major public health and social problem with serious criminal justice, health and social-related consequences. However, little is known about the etiology of intimate partner violence among young people, especially minority youth. Using the Hispanic Stress Inventory, we examine intimate partner violence among Hispanics, particularly Mexican American adolescent females. Understanding and identifying issues related to intimate partner violence is crucial for developing and implementing effective policies and programs encompassing both public health and criminal justice approaches specific to this rapidly growing population of young people.     

Family Violence, Anger Expression Styles, and Adolescent Dating Violence

How partner violence is transferred across generations is relatively unexplored. This paper proposes that anger expression style (constructive, destructive direct, destructive indirect) mediates the relationship between exposure to family violence and dating violence perpetration by adolescents. Data are from 1,965 completed self-administered questionnaires given to eighth- and ninth-grade students in a primarily rural county in North Carolina in 1994. Results varied by gender and type of exposure to family violence. For females, destructive direct and destructive indirect anger expression styles mediated the relationship between experiencing family violence and dating violence perpetration. For males, this relationship was mediated primarily by destructive direct anger expression style. The association between witnessing family violence and dating violence perpetration for females was mediated by destructive direct anger expression style only. Witnessing family violence was not associated with dating violence perpetration for males, and therefore could not be mediated. This study suggests that adolescents exposed to family violence learn anger expression styles that put them at risk of being perpetrators of dating violence. Further research is needed to identify other mediators that explain how partner violence is transferred across generations.     

Differences in Effects of Domestic Violence Between Latina and Non-Latina Women

There has been much research on the effects of domestic violence on women; however, little research has focused on possible differences in reactions to domestic violence between Latina and non-Latina women. Comparable samples of Latina and non-Latina women were obtained and analyses revealed that there were no significant differences between the two samples with regard to the nature and severity of the domestic violence to which they were exposed. However, results indicated that Latina women who had been victims of domestic violence had significantly greater trauma-related symptoms, depression, lower social and personal self-esteem, and were less likely to make global attributions for positive events than were non-Latina women. They also reported more parenting stress due to their child's behaviors than did non-Latina women. The implications of these results in light of cultural differences between Latina and non-Latina women are discussed.     

HCR-20 violence risk assessments as a guide for treating and managing violence risk in a forensic psychiatric setting

Abstract

Over the past decades there has been a vast development in the research into risk factors for violence and the development of risk assessment instruments. One instrument that has been given special attention is the HCR-20 violence risk assessment scheme. However, little attention has been paid to the clinical applicability of this tool, i.e. how does this assessment scheme perform when utilized in clinical practice as a tool to guide intervention and management in order to alleviate risk of violent behaviour? The present study was a true prospective study into the utilization of the HCR-20 as a clinical routine. Data on forensic psychiatric patients (n = 81) from a forensic unit in Denmark are presented. As part of a clinical routine all patients were assessed for risk of future violence utilizing the structured professional judgement model, the HCR-20. Outcome measures were aggressive episodes during hospitalization and new convictions post discharge. The predictive validity of the HCR-20 was lower compared with previous findings. It is argued that this does not necessarily indicate poor predictive accuracy of the HCR-20. Rather, it may indicate that the HCR-20 is suitable for guiding risk management in order to prevent violent behaviour.     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.     

Rural Versus Urban Victims of Violence: The Interplay of Race and Region

This paper examines individuals who were victims of domestic violence in Illinois between 1990 and 1995, comparing the traits and service needs of those who received assistance in an urban county over the 5-year period with those who were served by domestic violence programs in rural areas. Analysis focuses on the demographic characteristics of clients in each region, their relationship to the abuser, type of abuse, referral source, and need for both concrete and supportive services. In addition to looking at variations by region, analysis examines differences between African American and White clients within and across geographic areas so that the interaction of race and location is highlighted. Results indicate that apart from demographic differences related to race, there is little difference in the circumstances of abuse when victims in the urban region are compared to rural victims of violence. However, those in rural environments regardless of race, have more service needs. Differences in service needs also exist in relation to race, and for some services, both race and location are important. The implications of these findings for policy, practice, and future research are examined.     

Examining the Science and Practice of Violence Risk Assessment with Female Adolescents

While the field of violence risk assessment among adult males has progressed rapidly, several questions remain with respect to the application of forensic risk assessment tools within other populations. In this article, we consider the empirical evidence for the assessment, prediction, and management of violence in adolescent girls. We discuss limitations of generalizing violence risk assessment findings from other populations to adolescent girls and point out areas where there is little or no empirical foundation. Critical issues that must be addressed in research prior to the adoption or rejection of such instruments are delineated. Finally, we provide practice guidelines for clinicians currently involved with adolescent females within risk assessment contexts.     

Transnational and local entanglements in the ‘cycle of violence’ of Central American migration

ABSTRACT

Violence in Central America has become one of the reasons for leaving the region. Recent scholarship tends to understand violence within local and regional processes, while neglecting the larger transnational processes. Focusing on the case of Hondurans seeking asylum in the United States, this article argues that the phenomenon of violence that has forced Hondurans to leave is a result of a combination of local and transnational processes. Conceptually, this article draws on the notion of the ‘cycle of violence’ to understand the different forms of violence that forcibly displaces Central Americans. The notion has been used to understand how early exposure to violence is linked to future violent behaviour. However, it is limited to local processes. This article expands this notion by considering transnational factors, such as migration and the global agenda of crime control, in the contribution to the reproduction of the ‘cycle of violence’ of Central Americans.     

The Relationship of Acculturation and Social Integration to Assaults on Intimate Partners Among Mexican American and Non-Mexican White Students

This study examined the role that Mexican ethnicity, acculturation into Anglo American society, and social integration play in intimate partner violence among a sample of 348 college students. The results indicated that Mexican American ethnicity and acculturation into Anglo American society by Mexican American college students had no relation to intimate partner violence. However, integration into society was associated with a decreased probability of severely assaulting a partner among both Mexican Americans and Non-Mexican Whites. The results support a control theory perspective (social integration) on intimate partner violence.     

Intimate partner violence victimization and household financial strain

Most scholars agree that low socio-economic status is associated with an elevated risk for violent victimization as well as offending. Nevertheless, it has been suggested that certain forms of violence—particularly intimate partner violence (IPV)—are more equally distributed in the population, not concentrating on the lower social strata as strongly as other forms of violence. In this paper, we examine the association between financial strain, measured on the household level, and two different types of victimization: IPV and violence committed by a person unknown to the victim. The analysis is based on the 2013 sweep of Finnish National Crime Victim Survey (n = 6,999), a nationally representative survey incorporating a mix of postal and web-based survey methodology. Multivariate analyses indicate that the risk for both kinds of victimization is highest among those who report financial difficulties. Moreover, the association between IPV and financial strain appears stronger when less serious violent incidences are excluded from the analysis.     

Italian Ultras Today: Change or Decline?

The authors describe a particular form of football hooliganism, namely the behaviour displayed by particular groups of young fans - in Italy the so-called ultras - consisting of acts of vandalism and systematic aggression to the detriment of similar opposing groups both within and, above all, outside the stadiums. The development over the last decade is outlined and the authors try to explain the current situation and the most recent changes. They show that, in spite of the diminishing number of incidents in the last years, this violence is changing appearance: on the one hand, it turns against the police; on the other hand it declines into pure vandalism and juvenile deviance. An important moment was the crisis caused by the death of an ultras in 1995, which marked a turning point between the 'old way' of the ultras and the new developments. A brief comparison is made with the English situation, both on the appearance of hooliganism as well as on the preventive policies, the police and the legislation on acts of hooliganism and sports violence.Italian Association of Sport for All     

Patterns of Intimate Partner Violence Among Married Women in the Military: Type, Level, Directionality and Consequences

While separate evidence exists that married military women have high rates of both intimate partner violence victimization and aggression, little is known about the context of this violence, including the extent to which the violence committed toward and by military women is physical, psychological or sexual, whether the violence is unilateral or bi-directional, and the extent of injury sustained or inflicted. In order to gain a more multi-dimensional understanding of the violence in the lives of military women, this study involved 248 enlisted females who completed a self-report survey about themselves and their spouses’ behavior. Results indicate that the majority of violence reported was bi-directional and symmetrical in terms of type and level of severity. However, enlisted females were more than three times as likely to be victims of unilateral severe violence as their male civilian spouses. Demographic factors associated with these patterns of violence were also identified.

Under the radar: policing non-violent domestic abuse in the US and UK

Physical violence is but one of many tools that may be used to gain greater power within intimate relationships, yet the legal response has been critiqued for failing to recognise and respond to the full spectrum of abusive behaviours, such as coercive control. Using a sample of police officers from the United States (US) and the United Kingdom (UK), the current study utilises hypothetical vignettes to assess police officers’ perceptions of domestic abuse, including those incidents that are not necessarily physically violent, but involve stalking and other coercive, controlling behaviours that are harmful and require intervention. Within- and between-country similarities and differences were analysed. Findings revealed that the majority of officers in both countries possessed a good level of understanding of domestic abuse and how they should respond to it – amidst and beyond the physical violence. However, our analysis of both quantitative and qualitative data also showed that the use of physical violence is at the forefront of many officers’ expectations about domestic abuse, and that when physical violence is absent, the police response is less proactive. Our study finds some support for the idea that non-physical abuse does go “under the radar” to some extent for some officers, and that this is more the case for American officers than their British counterparts. Findings are discussed in terms of context of the research sites and implications for policy, practice and future research.