罪犯人权保障问题研究

中国罪犯人权概念的提出与发展，既是同西方国家进行人权政治斗争的现实需要，又是监狱行刑现代化的必然结果。本文立足现实，分析了我国监狱人权保障中存在的问题，并从思想观念以及具体措施改进两个角度，论述完善我国罪犯人权保障机制的现实性。     

监狱体制改革背景下罪犯劳动改造科学实现问题探索

监狱体制改革背景下：对于分离后的监狱企业,国家仍应给予一定的特殊保护;在劳动组织管理方面要考虑到罪犯劳动改造的要求;注重罪犯人力资源的开发和利用;探索科学的人力资源管理模式;实施科学的罪犯劳动改造激励机制和措施;加强罪犯劳动改造教育,提高罪犯的劳动改造水平;解放思想,开动脑筋,采用法律的、行政的、教育的、经济的手段提高劳动管理民警的积极性和创造性。     

罪犯权利保障：监狱法治化之必然

罪犯权利保障，是衡量一个国家政治文明、法治文明的标尺，也是监狱行刑文明的重要标志，是监狱法治化之必然。保障罪犯权利，始终是贯穿监狱工作的一项重要工作，必须确立权利至上理念，国家权力不得超越于公民权利之上，切实保障公民的权利不受国家权力的任意侵犯；防止权力扩张倾向，监狱及其监狱人民警察不能擅自扩大自己的处分权力，必须把握自由裁量的适度性；强化权利救济观念，权利救济是法治社会的必然要求，救济的具体模式呈现多元化，可以选择不同的路径来实现。     

现状、危害与规制：男性罪犯遭受性侵犯问题研究

在我国监狱中,存在男性罪犯遭受性侵犯的现象,这给被害人与社会带来十分严重的危害.我国应当借鉴美国的经验,对性侵犯进行全面的调查,确立"零容忍"政策,建立调查、研究、预防与处理性侵犯问题的领导机制,同时完善被害人寻求救济的机制.     

监狱文化建设对罪犯教育改造的启示

监狱文化建设在监狱建设中发挥着重要的作用,而且随着时代的发展将担当更加重要的角色。本文拟从监狱文化建设的概况与其所处的地位为起点,针对监狱中存在的系列问题,从监狱文化建设方面探究其对于罪犯教育改造工作的启示意义,以期为监狱建设的完善提供帮助。     

呆障罪犯权利 推进监狱法治

罪犯权利的保障问题,已经成为当前监狱法治建设的一个重要内骞,更是衡量监狱文明程度的重要标志。本文着重论述保障罪犯权利对于监狱法治化建设的现实意义,进而从更新观念、构建法律体系、提高干警素质、完善配套措施等多方面提出保障罪犯权利的具体建议。     

监狱“精神病犯”问题的思考

近年来，监狱的在押罪犯中“精神病犯”的人数不断增多，且有逐年扩大之势。以笔者所在监狱为例，目前在押犯中就有“精神病犯”17人（在原判决书中有精神疾病鉴定说明），占监狱在押犯总数的0．92％。另有11名罪犯在改造中不同程度地出现精神疾病患病现象，需进一步司法鉴定确认。监狱精神病犯的不断出现和存在，给监狱的管理和教育改造工作带来了严重的影响，且存在诸多的安全隐患。为此，笔者就监督精神病犯的鉴别、管理及刑罚执行等有关问题做一探讨。     

浅议罪犯劳动报酬问题

我国监狱法规定对参加劳动的罪犯,应当按照有关规定给予报酬,由于种种原因,该制度在监狱工作实践的执行中,存在着一些问题。推行罪犯劳动报酬制度具有重要的意义,是适应新时期监狱工作发展的需要。     

议监狱中罪犯权利的救济

当前人民权利意识增强,尊重和保障人权成为人类文明发展与社会进步的重要标志。监狱中罪犯人权在国际人权中占有不可或缺的地位,近年来日趋得到广泛关注。本文对我国当前监狱服刑人员的人权现状进行了分析,指出存在的缺陷和问题,并对如何保障罪犯权利提出了相关建议。     

论监狱人民警察与罪犯的角色平衡

本文通过对监狱行刑过程中监狱人民警察与罪犯的角色分析．揭示了我国监狱人民警察和罪犯互动关系中的角色形象、作用、平衡与失衡等问题．并就角色平衡对完善现行刑事执行立法等问题提出了相应的见解。     

Stability of life-time psychiatric diagnoses among offenders in community and prison settings

The dearth of studies investigating diagnostic stability among offenders, and diagnostic stability being important from the patient’s mental health perspective, as well as from a public health, training and research standpoint, highlights the need to evaluate lifetime stability of ICD-10 psychiatric diagnoses for offenders in community and prison settings. A case-linkage design linked a two-year population-based cohort of male-sentenced prisoners with a state-wide psychiatric register (23,742 psychiatric consultations). Four measures of diagnostic stability were calculated for each setting as well as across settings, for all offenders who received at least two psychiatric diagnoses. Temporal consistency was moderate for schizophrenia spectrum disorders and low for affective, anxiety and personality disorders, and was higher in prison setting than community settings. Diagnostic instability highlights that the course of mental illness and clinical features among offenders may genuinely vary over time, across community and prison settings and may lead to complexities regarding psychiatric care for this population     

Mental health expertise at prison reception

Although screening has become an established procedure in prison health care, some difficulties persist. In attempts to improve this, many local adaptations have been introduced, but few have been evaluated. We introduced an adaptation – mental health expertise (a Community Psychiatric Nurse, CPN) – into the reception area of a busy remand prison, and compared standard and enhanced assessment procedures over a six-month period. Referrals (n = 67) were significantly more likely to be suitable for onward caseworking by the clinical team after a CPN was introduced. The team showed little evidence of the ‘mission creep’ (where teams operating at a secondary level absorb mental health problems at a primary care level) that has been described elsewhere in the literature. Despite its limitations, this evaluation suggests that prison pathways can be improved by relatively inexpensive local initiatives, and that advancing specific mental health expertise into prison reception areas can enhance existing processes.     

Mentally ill offenders in prison: the Belgian case

According to the EUPRIS-study on mental health in prisons (2007), available data on mental disorders in prison are scarce. Therefore, this study aims at summarizing and discussing the available knowledge on incarcerated mentally ill offenders concerning: (1) the screening and assessment for detecting mental health; (2) the psychiatric expertise in order to evaluate the mental status; and (3) the development and provision of forensic psychiatric treatment and care. These findings will be applied to the current situation in Belgium, which is a particularly interesting case. Belgium is currently facing difficulties concerning a large population of interned mentally ill offenders residing in correctional establishments.Implications with regard to the penal code, general or mental health legislation, screening, assessment, and treatment could deliver interesting viewpoints on how this problem could be tackled more effectively. Therefore, the findings will be discussed with reference to the international scientific and policy debate, focusing on ethical implications.     

The impact of recidivism and capacity on prison populations

Prison crowding currently poses a serious problem for society. This problem is attributable to a failure to anticipate and plan for the increased numbers of individuals sentenced to prison over the last decade. Crowded prisons have forced many jurisdictions to release prisoners earlier than would have been the case with unlimited prison capacity and to initiate expensive prison construction programs. In this paper, we develop a prison population projection model that extends previous work by considering the impact of limited prison capacity on time served, releases, and future admissions. The model was demonstrated for the State of North Carolina. Results suggest the tradeoffs that exist between prison capacity and punitiveness as measured by time served in prison.Points of view are those of the authors and do not necessarily represent the official position of the U.S. Department of Justice.     

A comparison of rape and molest offenders in prison psychiatric treatment

Differences in offense history, brain functioning, and psychological functioning of rape (n = 45) and molest offenders (n = 15) who were receiving psychiatric treatment while in prison were evaluated. Significant differences were found in each of these domains. Rape offenders were more likely to have histories of high violence offenses other than sexual offense, including murder, serious juvenile offenses, and both juvenile and adult sexual offenses. Rape offenders were more likely to show lower intellectual functioning and diffuse brain dysfunction associated predominantly with temporal and prefrontal brain cortices. Rape offenders were also more likely to display psychological functioning associated with illogical thinking and disordered attachment but less immature self-focus and fewer feelings of alienation than demonstrated by molest offenders. Implications for treatment and social policy for sexual offenders are suggested. Logistic regression demonstrated that these neuropsychological measures resulted in 71.7% accurate prediction and Rorschach measures resulted in 79.2% accurate prediction in differentiating rape from molest offenders. Implications for theoretical understanding of sexual offending are discussed.     

The presentation of self in everyday prison life

Today, Italian prisons are reporting the highest level of overcrowding ever recorded. In reference to this situation, this article proposes an ethnographic study carried out inside the prison of Padua as a voluntary 2 years’ experience. It documents the values and conventions that convicts share in prison and details the ways in which prisoners constantly construct and adapt to an informal conduct’s rule system, the inmate code. It also illustrates the interactions among fellow prisoners as scenes or plays enacted by various teams. The prisoners’ words reveal a complex universe based upon three basic conditions: loyalty, discipline and circumspection. Finally, we argue about the fading of the distinction between the prison front stage and the back stage and we analyse the possible consequences.     

Risk of harm: inmates who harm themselves while in prison psychiatric treatment

In this study, 242 randomly selected male offenders who were receiving psychiatric treatment in prison were administered psychological and neuropsychological evaluations and were followed during their treatment in a prison psychiatric hospital. Offenders who harmed themselves in treatment were compared to those who did not harm themselves. Eighteen percent of offenders harmed themselves, the severity of which required medical intervention. Young age, drug abuse, absence of Axis I mental disorder but presence of Axis II borderline personality disorder identified offenders who harmed themselves. Psychopathy checklist-revised (PCL-R) total rating > or = 30 and PCL-R Factor 2 (antisocial lifestyle) rating also identified offenders who harmed themselves. Additionally, offenders who harmed themselves also were 8.36 times more likely than their cohorts to harm treatment staff. Theoretical understanding of offenders who harm themselves, the importance of considering the environmental context in identifying risk factors for self-harm, and implications for treatment are suggested.     

Sexual offenders with serious mental illness: prevention, risk, and clinical concerns

Individuals with serious and persistent mental illness who have also engaged in illegal sexual behavior present a unique challenge for our legal and clinical systems. Frequently, these individuals may engage in problematic sexual behaviors which result in hospitalization rather than incarceration, and an overburdened and resource-deficient public community mental health system is ill-equipped to address the seriousness of these sexual behaviors. We have a rather limited understanding of how prevention programs, intervention strategies, and risk assessment would work with this population. Here we evaluate data from a sample of 245 inpatient psychiatric sexual offenders in a forensic mental health setting and compare these with what information has already been presented in some of the literature. Through an examination of seriously mentally ill sexual offenders and their clinical presentation, legal history, and risk management concerns, we illustrate a variety of tertiary prevention needs. Future directions in the area of prevention and risk management for seriously mentally ill sexual offenders are also discussed.     

精神病人限定刑事责任能力评定量表在强奸案件中的运用

目的探讨《精神病人限定责任能力评定量表》在强奸案件中的运用。方法用《精神病人限定责任能力评定量表》评定为限定刑事责任能力的77例强奸案例,完成了量表评定,同时将限定刑事责任能力进行三级划分。结果小部分组、部分组、大部分组量表评定分逐渐升高,且具有显著性差异,量表共16个条目与评定分相关,相关系数从0.265至0.611不等,因子分析得到7个因子,解释75.784%的变异。结论精神病人限定责任能力量表内部构建合理,在强奸案件中其评定总分能有效反映三级限定刑事责任能力之间差异。