Juvenile offenders

LL.B., Leeds University 1955; LL.M., University of Singapore 1963.     

美国少年犯监狱参观记

11岁的小男孩戴着沉重的手铐，面无表情目十分沮丧地站在牢房的铁栅栏后面，这种情景在美国很普遍，因为美国法律在处置青少年犯罪和成年人犯罪之间并没有什么大的区别。我们上海社会学界的几位同事在德国《明星周刊》记者的帮助下，     

Juvenile Female Arrests

Abstract

This paper elaborates on feminist theory using Emerson's (1983) notion of holistic effects. We propose that the processing of juvenile female status offenders may vary systematically with the level of sex crimes in a community. This hypothesis is tested using a time series analysis of monthly status arrests in a Midwestern city. Our models indicate a significant increase in female status arrests at one “intervention” point, but no changes were found for male status arrest levels. We conclude that heterogeneity of processing of female offenders within single jurisdictions is an important avenue for future theoretical and empirical exploration.     

Juvenile post-adjudication dispositions

Six socio-demographic and graphic and diagnostic and evaluation center (D&E) variables which influence juvenile post-adjudication disposition into one of two treatment modalities, group home or institution, are examined. Data employed in this study were gathered from completed case history records for 133 randomly sampled male juveniles processed over a six-month period by a department of youth services (DYS) facility in a southern state. Discriminant function analysis was used to determine statistical distinction between the two disposition groups. The discriminant analysis yielded five variables of statistical significance (p<-.001, canonical r =−40) which included a D&E behavior measure, age, number of past offenses, full scale IQ score, and seriousness of admitting offense. Eighty-one percent of all cases were correctly classified using the selected socio-demographic and D&E variables. Race was not found to be significant in the decision-making process at this level.     

少年司法制度论纲

未成年人的违法犯罪与成年人的违法犯罪有质的不同。因此,处理未成年人违法犯罪的司法制度也应与处理成年人违法犯罪的普通司法制度有所区别。为了保护未成年人的健康成长,有效预防和减少未成年人犯罪,我国应当尽快建立和完善少年司法制度。少年司法制度是否完备,是衡量一个国家法制文明发展程度的重要标志。少年法院是少年司法制度的核心;少年法,是少年司法制度的基石;少年司法处遇措施是少年司法制度的灵魂。     

Addressing Juvenile Crime

At‐risk and offending juveniles remain the most promising target group for crime reduction efforts. Many of the problems these youths faced in the 1960s remain or have intensified, and policies to address them have shifted. Yet, research on the causes, consequences, and best responses to juvenile crime has advanced considerably and provides important lessons for policy makers and practitioners moving forward. These include (a) help don't hurt; (b) provide better procedural protections; (c) continue to build, implement, and refine evidence‐based programming; (d) tailor services; (e) tackle community‐level problems; (f) really listen and work together; (g) build better data systems; and (h) invest resources in children and teens. Providing a retrospective on the 1967 U.S. President's Commission on Law Enforcement and Administration of Justice report, I briefly summarize and update the Commission's findings on factors related to juvenile delinquency, outline the Commission's policy recommendations, review the research on policy and practice changes since the report, and consider current implications for policy and practice.     

Juvenile Court Judges' Perceptions of What Factors Affect Juvenile Offenders' Likelihood of Rehabilitation

An instrument was developed to measure whether judges perceive the likelihood of rehabilitation to be influenced by extra‐legal factors. A self‐administered questionnaire was sent to 1,040 juvenile court judges across the United States. Two indices‐extra‐legal and legal‐were created to measure the relationship between judges' perceptions and the factors they consider in their transfer decisions. Primary analysis used frequencies, cross‐tabulations, and measures of association. The factors that judges may consider in their transfer decisions are specified and vary according to state statutes. Extra‐legal factors are never included in the statutes as factors that may be considered. Nonetheless, the findings suggest that judges consider extra‐legal factors in determining an offender's likelihood of rehabilitation. The results suggest that both male and non‐minority judges' perceive that extra‐legal characteristics affect an offender's likelihood of rehabilitation. All judges seem to believe that family structure and prior record are almost equally important factors in determining offenders' likelihood of rehabilitation. Thus, although judges consider legal factors in determining an offender's likelihood of rehabilitation, they also include criteria not explicitly permitted by law.     

未成年人犯罪的预防研究

未成年人犯罪对社会的危害性非常大 ,依据《预防未成年人犯罪法》的规定 ,预防未成年人犯罪遵循独特的原则 ,如教育与保护原则、综合治理原则等。预防未成年人犯罪还具有其特点 ,要采取不同于预防成年人犯罪的教育方法。鉴于未成年人犯罪的心理原因 ,对未成年人进行心理健康的教育、心理的疏导与救治就显得尤为重要     

论少年刑法

少年刑法可作广义、狭义之分。狭义的少年刑法是指规定少年犯罪与刑罚的法律规范的总称。广义的少年刑法则是指关于不良行为、少年犯罪,以及保护处分与少年刑罚的法律规范的总称。迄今为止我国尚缺乏现代意义上的少年刑法。少年刑法是我国刑法制度所忽略的领域。创建现代意义上的少年刑法,实现对少年犯罪处遇以刑罚为重心到以保护处分为重心的转变,应当成为我国今后刑法改革的重点之一。