Post-Release Substance Abuse Treatment for Criminal Offenders: A Cost-Effectiveness Analysis

This study conducted a cost-effectiveness analysis of Delaware's CREST Outreach Center, a work release therapeutic community (TC) and aftercare program for criminal offenders. Treatment effectiveness was assessed using the number of days reincarcerated during an 18-month, post-release follow-up period. The 6-month CREST program cost $1937 for the average participant, and led to 30 fewer days incarcerated (29% less) than the average participant in a standard work release program. This implies that the CREST program reduced incarceration for criminal offenders at an average cost of $65 per day. The additional investment of $935 per client to provide aftercare services led to 49 fewer days incarcerated (43% less) than CREST work release-only participants. This suggests that by adding an aftercare component to the CREST work release program, a day of incarceration is avoided at an average cost of $19 per day. These findings have implications for future investments in post-release substance abuse treatment for criminal offenders. However, the results must be interpreted with caution given potential selection bias in the groups that participated in the CREST work release and aftercare programs. Selection bias and the policy implications of this research are noted and discussed.     

Punishing the Wicked: Examining the Correlates of Sentence Severity for Convicted Sex Offenders

Objectives

To examine the correlates of sentence severity for convicted sex offenders under sentencing guidelines, contrasted with individuals convicted of non-sexual, violent offenses.

Methods

Drawing on 7 years of data from the Pennsylvania Commission on Sentencing, we utilize a logit-negative binomial hurdle model to examine the predictors of incarceration and sentence length, and an accompanying Oaxaca–Blinder decomposition of the gap in sentencing outcomes between the groups. We then implement a quantile regression framework to examine variation in effects across the distribution of sentence lengths. All analyses are contrasted with a matched sample of violent offenders to consider the extent to which estimated associations are unique to sex offenders.

Results

The analyses suggest several predictors of sentence severity for sex offenders, and that these predictors vary between the incarceration and sentence length decisions. In comparing effects for sex and matched violent offenders, divergent effects were observed for both case and offender characteristics. An Oaxaca–Blinder decomposition suggests that differences in the coefficient estimates account for less than one-fifth of the gap in average sentencing outcomes between sex and violent offenders. Subsequent quantile regressions indicate that these effects vary considerably over the sentence length distribution in ways that are not captured or obscured by the hurdle models.

Conclusions

The predictors of sentence severity for sex offenders, and points of divergence from violent offenders, are congruent with the notion that judges utilize crime-specific stereotypes in arriving at sentencing decisions. Further, the application of quantile regression following point-based estimation can reveal meaningful patterns in sentencing disparities.

     

Recidivism in a Sample of Serious Adolescent Offenders

Objectives

A broad research literature in criminology documents key aspects of how criminal offending develops and changes over the life span. We contribute to this literature by showcasing methods that are useful for studying medium-term patterns of subsequent criminal justice system involvement among a sample of serious adolescent offenders making the transition to early adulthood.

Methods

Our approach relies on 7 years of post-enrollment follow-up from the Pathways to Desistance Study. Each person in the study was adjudicated delinquent for or convicted of one or more relatively serious offenses during adolescence. Their local jurisdiction juvenile court petition records and their adult FBI arrest records were systematically searched.

Results

We estimate in-sample 7 year recidivism rates in the 75–80 % range. Our analysis also provides recidivism rate estimates among different demographic groups within the sample. Extrapolated long-term recidivism rates are estimated to be on the order of 79–89 %.

Conclusions

The Pathways data suggest that recidivism rates of serious adolescent offenders are high and quite comparable to the rates estimated on other samples of serious offenders in the extant literature. Our analysis also reveals a pattern of heightened recidivism risk during the earliest months and years of the follow-up period followed by a steep decline.

     

Federal Criminal Careers: an Empirical Examination of the Post-Conviction Risk Assessment (PCRA)

The criminal career paradigm is a major research area but has largely overlooked federal offenders and federal data. Drawing on a population of federal supervised release clients in the Midwestern United States, the current study examined the predictive validity of the federal Post-Conviction Risk Assessment (PCRA) and its subscales for their association with six parameters of the criminal career. Poisson, negative binomial, and logistic regression models showed that PCRA Risk was significantly associated with annual offending rate (lambda), chronicity, prison misconduct, noncompliance on supervised release, having a warrant requested on supervised release, and career criminal status. Various PCRA subscales also were significantly associated with criminal career outcomes especially for current community supervision outcomes. These effects withstood confounding effects for age, sex, race, age of arrest onset, federal criminal history rank, and total prison exposure. The study supported basic criminal career findings using federal data and showed that a standard risk assessment actuarial in the federal system has utility as an indicator of the criminal career.     

刑事抗诉运行机制实证分析

刑事抗诉具有实现对人民法院的审判活动进行法律监督、实现被害人权利救济、实现诉讼经济效益三重价值功能，刑事抗诉的价值追求就是把三重价值功能有效地发挥出来。应以制约权力、保障人权为基点，以实现刑事抗诉价值为目标，完善我国的刑事抗诉制度。     

Juvenile and Adult Offenders Arrested for Sexual Homicide: An Analysis of Victim–Offender Relationship and Weapon Used by Race*

Abstract: Limited information is available on racial offending patterns of sexual homicide offenders (SHOs). This study used a 30‐year U.S. Supplementary Homicide Reports sample of SHOs arrested in single‐victim situations (N = 3745). The analysis strength was used to determine whether the findings yielded meaningful patterns for offender profiling. Several important findings emerged for the juvenile offenders. Juvenile White SHOs were likely to target victims with whom they shared a mutual relationship. In contrast, Black juveniles were equally likely to murder strangers and those with whom they had prior and familial relationships. Notably, no juvenile Black SHOs were arrested for murdering intimate partners. Juvenile White SHOs were twice as likely to use edged weapons as their Black counterparts. Black juveniles, conversely, were more likely than White juveniles to use personal weapons. Beyond these findings, known victim–offender relationships and weapon used may not have significant utility for investigators in identifying the SHO race, even after controlling for offender age. Limitations and future directions are discussed.     

Euthanasia as a Serious Homicide: An Empirical Study of (Normative) Consensus in Israel

The present study tests the applicability of the consensus versus the conflict model of criminal law in the case of homicide, and euthanasia, in particular. Although most criminal statutes consider euthanasia to be a serious homicide, many studies have revealed increasing public support for it. A survey of a national sample of Israeli respondents, based on a factorial design methodology, was conducted to determine the extent to which the criminal law reflects general or particular public attitudes toward euthanasia. The findings revealed that although social groups varied in their views on the seriousness of euthanasia, the public at large perceived it as significantly less serious than any other type of homicide. These findings are compatible with calls for reassessment of the criminal law with regard to euthanasia.     

刑事诉讼中DNA证据运用的实证分析——以北大法意数据库中的刑事裁判文书为对象

在23427起刑事案件中,有288起案件涉及DNA证据的运用.据此相关数据及288起涉及DNA证据案件的刑事裁判文书,可以发现DNA证据在我国刑事诉讼中的运用存在如下问题:DNA证据在指控犯罪方面的功能尚未得到充分发挥;DNA鉴定结论的表达方式极不规范;辩方对DNA证据的质证意识和能力尚需提高;DNA鉴定在错案发现和纠正方面的功能有待挖掘.     

Homicide by a Forensic Female Sample in Brazil: A Preliminary Study

The objective of the study was to evaluate the mental status of all women (n = 14) who were acquitted by reason of insanity of charges of murder or attempted murder and committed to a forensic psychiatric hospital in the state of Rio de Janeiro, Brazil. All cases were retrospectively examined, including medical files, technical records, and forensic experts' official reports. A conclusive psychiatric diagnosis was established using the Structured Clinical Interview for DSM‐IV Axis I and II Disorders and clinical and forensic records. The most common diagnosis was schizophrenia/schizoaffective disorders (n = 8; 57.3%). Most victims (n = 12; 75%) were close relatives of the patients. We found that 43% (n = 6) of the patients had a previous history of violent behavior. According to the initial psychiatric forensic evaluation, 5 patients (35.7%) had psychotic symptoms. It is expected that a growing understanding of motivational factors underlying homicidal behavior in mentally disturbed female offenders may further the implementation of effective preventive and therapeutic interventions.     

实践中的刑事一审期限:期间耗费与功能探寻——以S省两个基层法院为主要样板

透过审限耗费角度的实证研究可以发现,我国基层法院刑事审判程序具有如下特征:庭前程序的"事务化",庭前程序沦为纯粹的案件管理活动;庭审程序的"速审化",庭审时间耗费少,庭审节奏明快;庭后程序的"中心化"与"间隔化"。传统观点认为,我国刑事审限制度具有人权保障和效率提升功能。通过比较和实证的考察发现,我国"贯通式"审限的真实功能为通过监控法官的审理行为,达到塑造与行政化司法制度结构相契合的审理主体的目的。     

故意杀人案件死刑适用的实证分析

故意杀人是一种严重的犯罪行为,加害人直接剥夺了被害人的生命。在故意杀人案件中加害人的“杀人”动机目的、年龄、性别也存在差异而且对死刑的适用有直接影响。从总体上看,在故意杀人案件中死刑适用占73。2%,其中死刑立即执行占81.5%、死缓占18.5%。从具体案件类型看,死刑适用较高的主要有:强奸杀人占94.8%,邻里纠纷杀人占92.2%,绑架杀人占82.7%,抢劫杀人占81.5%;死刑适用较低的主要有:琐事纠纷杀人、报复杀人和家庭内部纠纷杀人,分别占52.5%、54.4%和55.1%。     

The Cohort-Size Sample-Size Conundrum: An Empirical Analysis and Assessment Using Homicide Arrest Data from 1960 to 1999

A number of studies use the Age-Period-Cohort Characteristic (APCC) model to address the impact of cohort related factors on the age distribution of homicide offending. Several of these studies treat birth cohorts as spanning several years, an operationalization that most closely matches tenets of cohort theory, yet sharply reduces the number of observations available for analysis. Other studies define birth cohorts as those born within a single year, an operationalization that is theoretically problematic, but provides many more observations for analysis. We address the sample size problem by applying a time-series-cross-section model (panel model) with age-period-specific homicide arrest data from the United States for each year from 1960 to 1999, while operationalizing cohorts as five-year birth cohorts. Our panel model produces results that are very similar to those obtained from traditional multiyear APCC models. Substantively, the results provide a replication of work showing the importance of relative cohort size and cohort variations in family structure for explaining variations in age-period-specific homicide rates. The additional observations provided by our approach allow us to examine these relationships over time, and we find substantively important changes. The year-by-year estimates of the age distribution of homicide offending help us to examine the model during the epidemic of youth homicide.     

毒品犯罪死刑控制的教义学展开——基于122份二审死刑判决书的实证研究

毒品犯罪是我国当前死刑适用的主要犯罪之一,其不断受到正当性、必要性和有效性的拷问。在毒品犯罪中严格控制并逐步废除死刑,是我国《刑法》发展的未来趋势,也是刑罚回归人道的必然要求,亦是刑法谦抑性、刑罚轻缓化的应有之意。基于我国严峻的毒品情势以及国民的普遍情感,立法上废除死刑在短期内几无可能,通过刑事政策控制死刑又欠缺明确性、稳定性与统一性。基于刑法教义学的立场对《刑法》第48条第1款罪行极其严重进行严格解释,并在司法上构建一套完整、清晰而又科学的死刑适用标准,是控制死刑的正确路径。罪行极其严重的判断,应当从社会危害性与人身危险性两个维度展开。司法上应当对毒品进行分级,将死刑适用局限于涉及海洛因、甲基苯丙胺的极个别犯罪,涉及其他硬性毒品的犯罪最高判处无期徒刑,涉及软性毒品的犯罪以有期徒刑最大值为刑罚上限。死刑适用主要针对走私、制造毒品罪,对贩卖毒品罪以不适用死刑为一般,只对发生在制毒者与贩毒者、贩毒者与贩毒者之间的贩卖行为适用死刑,对运输毒品罪不再适用死刑。对采用诱惑侦查手段、未进行毒品纯度鉴定的案件不再适用死刑,仅对毒品共同犯罪中的首要分子、主犯以及毒品个人犯罪中的特定累犯、再犯适用死刑。通过司法上对死刑适用的严格控制来释缓立法上过于严厉的刑罚配置,实现刑法社会保护机能与人权保障机能的动态平衡。     

死刑复核程序中的律师辩护

在司法实践中,死刑复核程序中的律师辩护状况堪忧.死刑复核程序的行政化是导致辩护权行使不畅的根源,死刑复核程序应从行政报核程序转化为典型的诉讼程序,并以此为基础,对死刑复核程序中的律师辩护制度进行改革.     

未成年犯社区矫正分析

社区矫正在预防和控制未成年人犯罪方面具有十分重要的地位和作用,符合未成年犯的心理特征,有利于克服监禁刑的弊端,有利于和发达国家的刑罚模式接轨。我国社会主义的刑事政策、社会主义的法律体系以及日趋完善的社区和健全的司法行政体系资源为未成年犯罪人适用社区矫正提供了现实可能性。针对我国未成年犯社区矫正工作中存在的问题,笔者认为,更新行刑观念、对社区矫正进行科学定位、建立专门的社区矫正机构、配备专业的矫正人员、建立适合未成年人特点的社区矫正项目以及建立未成年犯社区矫正制度的评估体系是对未成年犯社区矫正制度完善的重要举措。     

Examining the Criminal History and Future Offending of Child Pornography Offenders: An Extended Prospective Follow-up Study

We examined police occurrence and criminal records data for a sample of 201 registered male child pornography offenders originally reported by Seto and Eke (Sex Abus J Res Treat 17:201–210, 2005), extending the average follow-up time for this sample to 5.9 years. In addition, we obtained the same data for another 340 offenders, increasing our full sample to 541 men, with a total average follow-up of 4.1 years. In the extended follow-up of the original sample, 34% of offenders had new charges for any type of reoffense, with 6% charged with a contact sexual offense against a child and an additional 3% charged with historical contact sex offenses (i.e., previously undetected offenses). For the full sample, there was a 32% any recidivism rate; 4% of offenders were charged with new contact sex offences, an additional 2% of offenders were charged with historical contact sex offenses and 7% of offenders were charged with a new child pornography offense. Predictors of new violent (including sexual contact) offending were prior offense history, including violent history, and younger offender age. Approximately a quarter of the sample was sanctioned for a failure on conditional release; in half of these failures, the offenders were in contact with children or used the internet, often to access pornography again.     

“行动中的”刑事诉讼--基于抓捕嫌疑人的侦查技术之展开

抓捕是一项身体技艺,其对侦查人员之资质的要求,在内容上与对法官的资质要求有所不同。由此切入来认识公安的内部构成和检警关系,便具有了不同的视域。在检察院的反贪反渎职能转隶后,由监察委负责抓捕的涉案人员之数量和构成发生了较大变化。从保障抓捕行动的技术需求出发,持枪权和法警、武警配合的问题亟待重新审视。由于抓捕总是处于具体的场域内,而在强制实施抓捕时武警的作用突出,故而武警在司法体制中的地位趋强。抓捕后将涉案人员带离现场和押解的行动有着丰富的细节,从而对于一些诉讼制度的构建具有基础性的决定意义。作为侦查行动技术的抓捕,对国家意志在刑事诉讼中的实现处于基底位置。但是,目的不能说明手段正当。以行动为导向的刑事诉讼法学研究,与从一个元叙事出发进行公理体系的理论推演,这两种方法具有知识互补性。     

An Examination of the Outcomes of Various Components of a Coordinated Community Response to Domestic Violence by Male Offenders

With recognition that police intervention by itself is not entirely effective, in recent years there has been a shift in public policies towards the implementation of a coordinated community response to domestic violence incidents. This article examines the impact of participation in several aspects of a coordinated community response (CCR) in a mid-sized city in the Midwest. Specifically, recidivism was examined using information on officially recorded re-arrests for 131 male domestic violence offenders involved in a CCR type intervention. In addition, exploratory analyses attempt to determine if certain offender characteristics are related to their likely of progressing through each of several post-conviction components of this CCR-type intervention. Limitations of the research and suggestions for policy responses to domestic violence are discussed.