澳门与大陆缓刑立法比较

本文从立法模式、适用条件、考验期限、考察内容、法律后果五个方面着手,对澳门与大陆的缓刑立法作了初步比较,客观评析了两地立法的优劣得失,特别指出澳门刑法中对受害人的补偿义务,对被缓刑人的附随考验制度以及对违反缓刑条件的多元处理措施等规定,均值得大陆立法者借鉴。     

两岸缓刑制度的新发展与比较借鉴——以缓刑制度的刑法价值为视角

本文以缓刑制度的刑法价值为视角，着眼于世界范围内刑法轻刑化、刑罚结构非监禁化的变革趋势，从制度及其体现的价值层面分别分析了我国大陆刑法缓刑制度和台湾地区刑法缓刑制度的最新发展，特别针对缓刑的适用范围、缓刑的实质条件、缓刑的撤销方式、缓刑义务、少年缓刑等问题进行了细致的比较和深入分析，提出了若干可供先互借鉴的建议，以助益于两岸刑事立法和司法适用。     

A Randomized Trial of Probation Case Management for Drug-Involved Women Offenders

This paper reports findings from a clinical trial of a probation case management (PCM) intervention for drug-involved women offenders. Participants were randomly assigned to either PCM (n=92) or standard probation (n=91), and followed for 12 months using measures of substance abuse, psychiatric symptoms, social support and service utilization. Arrest data were collected from administrative datasets. The sample (N=183) included mostly African American (57%) and White (20%) women, with a mean age of 34.7 (SD = 9.2) and mean education of 11.6 years (SD = 2.1). Cocaine and heroin were the most frequently reported drugs of abuse, 86% reported prior history of incarceration, and 74% had children. Women assigned to both PCM and standard probation showed change over time in the direction of clinical improvement on 7 of 10 outcomes measured. However, changes observed for the PCM group were no different than those observed for the standard probation group. Higher levels of case management, drug abuse treatment, and probationary supervision may be required to achieve improved outcomes in this population.     

缓刑起源辨正

英美法系国家缓刑制度起源于英美两国,该项制度的诞生经历了三个阶段:第一阶段,缓刑的雏形出现;第二阶段,正式的缓刑在司法实践中的运用;第三阶段,成文的缓刑法产生。大陆法系国家的缓刑制度首创于比利时。我国的现代缓刑制度则是法律移植的结果。     

论WTO体系下农业补贴的特殊安排及未来展望

与WTO《补贴协定》及GATT1994相比,在总体规范方法、概念、规则结构、救济等方面,《农业协定》采取了一套独特的规制方式,但在WTO农业补贴争端中,《补贴协定》、GATT1994与《农业协定》常被共同适用于农业补贴。此举强化了对农业补贴的规制,但农业补贴是否,以及在多大程度上继续享有特殊地位和待遇,最终应由成员谈判确定。在未来一段时期内,特殊的农业补贴规则将继续存在,我国在参与WTO农业谈判、诉讼,调整国内农业政策时,应给予充分重视。     

A Consequentialist Framework for Prevention

Law and Philosophy - Douglas Husak contends that both criminalization and punishment can serve preventive goals, so long as they respect retributive culpability constraints. This Essay draws on...     

Decentering Motherhood: Reentry Strategies for Women on Parole and Probation

As the population of mothers under state supervision rapidly increases, it is necessary to document and analyze their experiences. This research contributes to the literature by exploring the experiences of such mothers, highlighting narratives from mothers who transitioned to a halfway house as part of their reintegration. We analyze how such mothers define good mothering and how they construct and manage their own mothering in light of their histories of drug use and criminal justice involvement, which often lead to prolonged absences from their children. The discourses of priority and presence dominate the mothers’ narratives, supported by expectations from both probation/parole and the halfway house. Collectively our data suggest that mothers engage in a complex negotiation between state supervision and motherhood that reimagines the nature and practice of good mothering and adapts strategies for fulfilling state obligations.     

A Framework for Thinking About Oppression and Its Change

This paper provides a framework for thinking about oppression and how to overcome it. It considers the value premise underlying the use of the term “oppression.” It then discusses the nature of oppression, the forms it takes, and what keeps it in place. In its final two sections, it focuses on awakening the sense of injustice and the strategies and tactics for overcoming injustice. An earlier version of this paper, entitled “Oppression and Conflict,” was presented as a plenary address at the Annual meeting of the International Society of Justice Research in Skovde, Sweden on June 17, 2002. This paper was the starting point of an ongoing, informal seminar on social justice held at Teachers College, Columbia University. The other participants in the seminar included Peter Coleman, Michelle Fine, Beth Fisher-Yoshida, Janet Gerson, Eric Marcus, Susan Opotow, Ellen Raider, Esther Salomon, Janice Steil, and Melissa Sweeney. From the discussions of theory, research, and practice during the meetings of the seminar, emerged plans for a Conference on Interrupting Oppression and Sustaining Justice. Its aim was to stimulate interaction about overcoming oppression among scholars from different academic fields, social and political activists, and graduate students in different disciplines. The Conference took place on February 27 and 28, 2004 at Teachers College. This issue of Social Justice Research presents some papers that were prepared before the Conference (and revised afterwards) and some that emerged from the Conference. Other papers from the Conference can be found under the heading of IO&SJ at the website of the International Center for Cooperation and Conflict Resolution of Teachers College: http://www.tc.edu/icccr/.     

Emotion and the Law: A Framework for Inquiry

This paper draws on research in social and cognitive psychology to show how theories of judgment and decision making that incorporate decision makers' affective responses apply to legal contexts. It takes 2 widely used models of decision making, the rational actor and lens models, and illustrates their utility for understanding legal judgments by using them to interpret research findings on juror decision making, people's obedience to the law (e.g., paying taxes), and eyewitness memory. The paper concludes with a discussion of the advantages of modifying existing approaches to information processing to include the influence of affect on how legal actors reach judgments about law and legal process.     

罪犯改造质量评估在江苏的探索与实践

监狱是刑罚制度的基石,其效能决定刑罚制度的效能。“罪犯改造质量评估体系”是江苏省监狱系统的一项重大科学成果。《罪犯改造质量评估在江苏的探索与实践》一文从以往既得经验和今后改进设想,全方位深入细致地阐述了主题思想和运作机制,透视了值得被借鉴的普适性。——储槐植(北京大学法学院教授、博士生导师)随着全国监狱体制改革和监狱布局调整的加快,监狱职能的回归和纯化,罪犯改造质量的标准的建立和评估,是监狱工作发展的重大决择,更是监狱工作向更高层面发展的基本途径。去年召开的全国监狱局长会议,司法部明确提出要加快建立适应现…     

A Bi-level Framework for Understanding Prisoner Victimization

Objectives

To present and test an opportunity perspective on prison inmate victimization.

Methods

Stratified random samples of inmates (n ₁ = 5,640) were selected from Ohio and Kentucky prisons (n ₂ = 46). Bi-level models of the prevalence of assaults and thefts were estimated. Predictors included indicators of inmate routines/guardianship, target antagonism, and target vulnerability at the individual level, and several indicators of guardianship at the facility level.

Results

Assaults were more common among inmates with certain routines and characteristics that might have increased their odds of being victimized (e.g., less time spent in recreation; committed violence themselves during incarceration), and higher levels of assaults characterized environments with lower levels of guardianship (e.g., architectural designs with more “blind spots”, larger populations, and less rigorous rule enforcement as perceived by correctional officers). Similar findings emerged for thefts in addition to stronger individual level effects in prisons with weaker guardianship (e.g., ethnic group differences in the risk of theft were greater in facilities with larger populations and less rigorous rule enforcement).

Conclusions

The study produced evidence favoring a bi-level opportunity perspective of inmate victimization, with some unique differences in the relevance of particular concepts between prison and non-prison contexts.     

Technological Transfers from the European Space Programs: A Dynamic View and Comparison with Other R&D Projects

This article presents the results and lessons learned from a series of studies carried out by the BETA research team (University Louis Pasteur of Strasbourg, France) to measure the spin-offs and technological transfers that resulted from European space programs. Beyond the quantitative results that are analyzed in detail, the article examines some of the main qualitative characteristics that shape the technology transfer process generated by these programs. In particular, it is demonstrated that three main characteristics have a significant impact on the technology transfer process: the nature of the technologies at stake (their degree of maturity, their degree of diversity, the extent to which they are generic or specific), the nature of the network of participants to the programs (the degree of mutual trust, the existence of absorptive capabilities) and the nature of the organizational structure of those firms which participated in the projects (their degree of decentralization, their degree of vertical integration).The article concludes by discussing how these lessons learned could be used to shape the procurement policies to be followed by space agencies in order to favor a high potential for technological transfers arising from future space projects.     

Educational Competency as an Indicator of Occupational Stress for Probation and Parole Officers

Probation and parole officers are assigned the responsibility of supervising convicted criminals in a community setting in such a way that the competing goals of punishment, public safety, offender rehabilitation, and deterrence are achieved. All the while, these tasks are accomplished within the confines of shrinking budgets, large case loads, increasingly high-risk offenders, low occupational prestige, and considerable political and public scrutiny. These competing demands often result in especially high levels of work-related stress. The point of this research is to consider the divergence in occupational stress among probation/parole officers and whether or not they felt educationally prepared for their job. The data for this study were collected during a two-month study period which began on March 15, 2005. Data were collected non-randomly through a national Internet based survey of active probation/parole officers. This study considers a sub-sample of 2, 364 officers from fifteen states. The results show probation/parole officers who feel educationally under-prepared are likely to experience higher levels of occupational stress and more likely to have negative manifestations of stress than those officers who feel well-prepared.     

A Framework for Assessing Groundwater Damages from Contamination

Certain government agencies and Indian tribes can recover compensatory damages for injuries to groundwater caused by releases of hazardous substances. Several states have initiated claims for groundwater damages from contamination without specific guidance for assessing such damages. Many settlements have occurred, but in states such as New Mexico and New Jersey, the trustees for these natural resources have not been successful when litigating their groundwater damage claims, largely because their claims were not consistent with well-established scientific and economic principles. This article provides a framework for assessing groundwater damages from contamination that is based on well-established scientific and economic principles.     

Evaluation of Probation Case Management (PCM) for Drug-Involved Women Offenders

Based on availability of case management services, drug-involved women offenders entered either a probation case management (PCM) intervention (n = 65) or standard probation (n = 44). Participants were placed in the case management condition until all slots were filled, then placed in standard probation until case management slots opened. Participants were interviewed at program entry and at 6 and 12 month follow-up using measures of substance abuse, psychiatric symptoms, and social support. Results showed modest change over time in both conditions, but PCM did not result in more services or treatment, or in better outcomes, than standard probation. These findings are discussed in the context of study limitations, and in the context of state initiatives like those in Arizona and California designed to apply treatment as an alternative to incarceration.     

Framework for Analysis of Legal Mobilization: A Decision-Making Model

The American legal system, structured in an entrepreneurial mode, relies upon the individual actor to personally evaluate the burdens and benefits of invoking the law on his or her own behalf Without discounting the contribution to our understanding of legal mobilization which has been made by the access-to-justice movement, the author argues that focusing on the poor and the distribution of legal services has limited our understanding of the legal system.
The article presents an alternative analytic framework for examination of citizen use of the law. The model of legal mobilization presented focuses on demands rather than needs, on citizens rather than lawyers or judges, on decision making rather than access, and on invoking the law rather than compliance with it. Drawing on the literature and available empirical evidence, the author attempts to analytically clarify the complex process of legal mobilization by organizing relevant variables into a decision-making model that focuses on the individual actor and the factors weighed in deciding whether and how to proceed in mobilizing the law.