Mapping the criminal mind: idiographic assessment of criminal belief systems

An idiographic procedure designed to assess the belief systems of criminal offenders is described, investigated, and clarified. This measure, the Cognitive Map of Major Belief Systems (CMMBS), assesses the five belief systems (self-view, world-view, past-view, present-view, future-view) held to occupy the higher echelons of human cognition. Modest to moderate test-retest reliability was achieved when 19 inmates, enrolled in one of three drug-counseling groups, completed the CMMBS on two separate occasions, 2 weeks apart. It was also ascertained that the drug treatment specialist who served as therapist for all three groups "blindly" matched the 19 CMMBS records to the inmates who produced them. A case study of one of the 19 participants was used to illustrate how the CMMBS is employed with individual offenders and how belief systems interact with major schematic subnetworks such as attributions, outcome expectancies, efficacy expectancies, goals, values, and thinking styles to create crime-supporting lifestyles.     

The correspondence of family features with problem,aggressive, criminal,and violent behavior: a meta-analysis

Family features and characteristics are often identified as central to the development of antisocial behavior and are thus attractive targets for risk-focused preventive intervention. Using meta-analytic techniques, we examined the covariation between 21 family constructs with the current or later display of problem, aggressive, criminal, or violent behaviors. The 80 mean relationships, based on 3,124 correlations from 233 reports of 119 longitudinal studies, discussed in this paper are generally moderate, with a grand mean across outcomes of [`(r<sub>x,y</sub>)] = .15 \overline {{r_{x,y}}} = .15 . Family constructs were most predictive of problem behaviors, [`(r_x,y)] = .21 \overline {{r_{x,y}}} = .21 . Predictors measured earlier in life were significantly stronger in 12 relationships and significantly weaker in 18 relationships. These findings are discussed with reference to Rutter’s (American Journal of Orthopsychiatry 57:316–331, 1987) conceptualization of protective mechanisms which suggests that if family factors warrant the attention they have engendered, then it is through their interaction with other developmental and situational factors.     

试论走私犯罪的犯罪心理结构、罪后心理及其团伙心理特征

有关经济犯罪的论述颇丰,而对经济犯罪人,即经济罪犯的犯罪心理结构和人格构成、罪后心理以及作为组织(团伙)的犯罪心理特征的研究剖析还相当欠缺。走私犯罪作为经济犯罪的一部分,具有与其共通的普遍特征,但也因其犯罪性质而呈现出它自身的特性。在目前经济犯罪侦查实践中,走私犯罪侦查是一个起步不久的领域,在侦查过程中也遇到了不少问题。而从侦查实践看,走私犯罪嫌疑人的个人人格特征和犯罪心理结构往往是侦破案件的某种契机或缺口,因此,对其进行研究分析,将对走私犯罪侦破策略、侦破手段的提高与充实产生重要的执法价值和现实意义,同时对完善犯罪学和犯罪心理学产生积极作用。 一、深层次分析走私罪犯的犯罪心理结构和个体人格,破解其犯罪行为形成的主要原因。     

Postpartum depression syndrome as a defense to criminal behavior

Though history records that women have suffered from PPD for centuries, little attention is directed to this serious malady in today's medical and legal communities. Medical research indicates that PPD is the result of the physical stress of pregnancy and childbirth, the social stress of the mothering role, or a combination of both. There are four phases of PPD: maternity blues, postnatal exhaustion, postnatal depression and puerperal psychosis. Victims of puerperal psychosis manifest bizarre behaviors — including the murder of their own children. Approximately 18 cases in the United States have involved the use of PPD as a defense to murder. British medical and legal authorities recognize PPD as a serious women's health issue, and as a viable insanity defense. Legal experts in the United States believe that the PPD defense will be used more frequently in this country. A review of the basic principles of the insanity defense supports the admission of this defense in legal proceedings.     

刑法:善良公民的"大宪章"

人权刑法保护问题,不仅是极为复杂的问题,而且也是无法回避的问题.然而,国内学界对此专论寥寥.首先界定了人权的概念,然后简述了人权的三种基本形态.并认为,刑法保护人权,乃刑法的内在价值和固有机能.剖析了1997年刑法典对一般公民人权予以保护的现状,认为它不愧为"善良公民的大宪章".若想真正实现人权由法定向实有的转化,就应在司法实践中切实贯彻罪刑法定原则.     

Military combat, posttraumatic stress disorder, and criminal behavior in Vietnam veterans

Although data are inconclusive, popular perception has linked military combat, posttraumatic stress disorder (PTSD), and criminal behavior. This paper discusses the multifactorial elements of this association that include both conscious and unconscious parameters of psychologic functioning. Testimony on combat-related PTSD has been presented in the courtroom to support veterans' claims of not guilty by reason of insanity (NGRI) and diminished capacity and for consideration during judicial sentencing. Because there is a known connection between the degree of combat involvement and PTSD, verification through collateral sources of the veteran's report of combat experiences is an important component of forensic assessment. The DSM-III-defined diagnosis of PTSD and the presence of a dissociative state have particular relevance in NGRI determinations. In other aspects of the judicial process demonstration of the absolute presence or absence of PTSD is often irrelevant and should be replaced by efforts to establish plausible links between provable combat experiences and the circumstances of the crime.     

Maternal cigarette smoking during pregnancy and criminal/deviant behavior: a meta-analysis

A growing body of empirical literature has emerged examining the somewhat inconsistent relationship between maternal cigarette smoking (MCS) during pregnancy and children's subsequent antisocial behavior. To systematically assess what existing studies reveal regarding MCS as a criminogenic risk factor for offspring, the authors subjected this body of literature to a meta-analysis. The analysis reveals a statistically significant--yet rather small--overall mean "effect size" of the relationship between MCS and the likelihood children will engage in deviant/criminal behavior. In addition to being rather moderate in size, the MCS-crime/deviance relationship is sensitive to a number of methodological specifications across empirical studies--particularly those associated with sample characteristics. The implications of this modest, and somewhat unstable, relationship are discussed in terms of guidelines for future research on this subject and how existing theoretical perspectives may be integrated to explain the MCS-crime/deviance link.     

Predicting violent behavior in stalkers: a preliminary investigation of Canadian cases in criminal harassment.

This study examined the factors associated with violent/aggressive behavior in stalkers using a sample of 100 Canadian cases of persons charged with criminal harassment (more commonly known as stalking). Results revealed that the typical profile of a "simple obsessional" type of stalker was a middle-aged male, single or separated/estranged, with a history of emotional and/or anger management problems. The most common initial strategies used by the victims to cope with the stalkers were oriented towards legal resources. Initial legal remedies, including court orders or police warnings, seemed to be ineffective as a strategy to stop stalking given that most stalkers chose to ignore them. The study also provided partial support for a preliminary model of predictors of violent/aggressive behavior in stalkers. Stalkers with previous violent behaviors, strong negative emotions. and obsessional tendencies toward the victim may be most at risk of future violent and aggressive acts.     

The generality of criminal behavior: A confirmatory factor analysis of the criminal activity of sex offenders in adulthood

The presence of a general construct of deviance had not been investigated in sex offenders in spite of the presumption of specialization that characterized them. Consequently, the aim of this study was to investigate whether sex offenders' criminal behavior could be explained by a general construct of deviance. A semi-structured interview was conducted with each subject in order to assess deviant behavior during the life course. The official criminal behavior of 388 convicted sex offenders was analyzed using confirmatory factor analysis. The pattern of covariance observed showed that the onset, frequency, and variety of criminal activity in adulthood could be explained by a general construct of deviance in sexual aggressors. The results, however, also suggested that child molesters' frequency of sexual crime was not part of a general construct of deviance. In other words, the offending behavior of sexual aggressors of women was predominantly versatile, whereas that of sexual aggressors of children tended to be more specific, at least for one dimension of their criminal activity.     

Morality in criminal law and criminal procedure: Principles,doctrines, and court cases

One of the drawbacks of the current era of predominance of Positive Law over Natural law, is that the moral roots of criminal law are all too easily overlooked or even ignored. Yet one should always keep in mind that moral standards (and the related area of Natural Law) historically preceded any type of criminal legislation or judicial decisions. This Note describes some selected aspects of criminal law of the United States (both substantive and procedural), with occasional references to other countries where necessary. Particular attention is focused on criminal law court cases and on how they deal with morality. The author argues that much more attention should be paid to the fundamental relationship between moral values and criminal law.     

Criminals' explanations of their criminal behavior, III: the effects of time and context

The authors looked at the explanations for their index of violent crimes as given by 69 incarcerated violent male offenders, respectively. We then examined the extent to which those explanations changed with the passing of time and with change in context. We found that explanations of impaired internal control increased with the passing of time, and that such explanation was given more often to mental health professionals rather than law enforcement professionals. Finally, we found that our subjects tended to give mental health professionals fewer explanations involving external control with the passing of time.     

Criminal justice faculty and criminal justice students: A case for the missing data

This article reviews the most current criminal justice education research. It examines the interrelationship between the work of the John Jay College of Criminal Justice, the Academy of Criminal Justice Sciences, the Joint Commission on Criminology and Criminal Justice Education and Standards, and the National Advisory Commission on Higher Education for Police, and describes and compares some of their more important findings. Discussed are types of criminal justice programs; characteristics of criminal justice faculty, particularly in terms of earned academic degrees; agency work experience; commitment to research and teaching; types of criminal justice curricula, as typified by certain educational philosophies; and criminal justice students. Although this article notes several areas with which future research might become fruitfully involved, the area in need of most immediate attention, and the area that current research has all but ignored, is the criminal justice student.     

“刑事和解”：批评意见与初步回应

"刑事和解"在对传统刑事司法提出巨大挑战之时,也面临着强烈的批评与诘难.因此,妥善澄清理论建构与实践运作上的疑点,认真对待批评意见中所蕴含的反思性价值,已成为影响"刑事和解"之走向的关键问题.所谓"刑事和解"存在的损害公共利益、削弱一般预防、漠视正当程序、违反平等原则、无法节约资源、剥离自愿性、法网扩大化、社区虚幻化等八个方面的问题,是难以成立的,并针对这些批评予以了初步回应.     

The importance of recidivism research in understanding criminal behavior

Robert Martinson believes that a new epoch in criminology research has arrived, “the essence of which is a change in the dependent variable from recidivism to crime rate (combined with cost).” However, no study or evaluation should be discounted simply because it measures recidivism as a parameter of criminality. If adhered to, the Martinson thesis could retard scientific inquiry and clog the normal processes of data generation and theory construction. The new epoch of criminology research will involve the construction and testing of higher-order theories derived from more basic facts and empirical generalizations.