Child Maltreatment Risk Inventory: Pilot Data for the Cleveland Child Abuse Potential Scale

This article presents data on the development of a child maltreatment actuarial risk inventory, The Cleveland Child Abuse Potential Scale (C-CAPS). The study consisted of three groups in a juvenile court setting: child custody cases without indication of maltreatment (N = 34), cases where maltreatment was indicated (N = 37), and a third middle ground group of cases referred to the court’s Diagnostic Clinic (N = 47). This third group of cases had not elevated to court involvement with a filing of child maltreatment. Study results provide compelling support for overall classification accuracy, with 100% specificity and 95% sensitivity and an overall hit rate of 98%, when only the maltreatment and non-maltreatment groups were compared. Adding the third group of possible maltreatment cases dropped the overall hit rate to 71%. The instrument was able to correctly classify 85% of Non-Maltreatment cases and 76% of Maltreatment cases. The overall factor structure of the instrument is also reviewed.     

The Impact of Child Abuse Potential on Adaptive Functioning: Early Identification of Risk

Previous research has investigated the deleterious effects of child maltreatment on child development; however, little research has examined the development of children who live with caregivers who are at risk of maltreatment on child development outcomes. This study utilized self-report data from caregivers that included the Child Abuse Potential Inventory (CAPI), Parenting Stress Inventory-Short Form (PSI/SF), and Adaptive Behavior Assessment System-2nd Edition (ABAS-II) for 116 children ages 3-12 from a rural, Appalachian community. Caregivers with lower child abuse potential, children who used fewer school services, older children, and caregivers with lower household income had better total adaptive skills. Caregivers with lower child abuse potential, children who used fewer school services and older children had better functioning on the academic skills subscale. Children who used fewer school services, were older, and had lower family income had greater self-care skills. Finally, children who used fewer school services had greater communication skills. Parent-child dysfunction was not related to child development outcomes. The findings demonstrate that educators are in a unique position to intervene and support children at risk of maltreatment.     

Risk Factors Associated with the Chronicity of High Potential for Child Abuse and Neglect

The present 4-year follow-up study involves 56 mothers who were evaluated by social agencies as being abusive and neglectful or at high risk for child abuse and neglect. The aim of the study is to analyze the relationship between psychosocial risk factors (relating to the history and current situation of the mothers) that were present at the time the families were initially recruited and the fact that some of the mothers continue to show a high potential for child abuse and neglect (chronic abuse and neglect), whereas others were able to overcome the problem (transitory abuse and neglect). Results indicate that the following variables are particularly associated with situations involving chronic problems of abuse and neglect: initial level of severity of potential for abuse and neglect; dual-parent status; a large number of children at the time of intervention (3.13 times more risk of chronicity for large families); the fact that as a child the mother herself had been placed in a foster home (3.7 times more risk); that she had been sexually abused (3.5 times more risk); and that as an adolescent she had run away from home (3.02 times more risk). Our results indicate that mothers who have a combination of more than eight risk factors are four times more likely to be in the chronic group.     

论风险社会法律责任体系的开放性

传统的法律责任承担主要是追溯性的责任,是一种事后的惩罚与补救,在现代风险社会具有一定的局限性。风险社会的责任体系应在预防原则理念下设计一种前瞻性的责任,在实质损害发生前就积极进行预测和预防,建议增设预防责任,其责任构成要件应从实质损害转变到实质损害威胁,责任根据应从主观过错转变到风险承担,利益的基点应从特定的对象转变到不特定对象。     

风险社会下抽象危险犯的理论境域

"风险社会"催生了所谓的"风险刑法",而"风险刑法"的核心内容就是抽象危险犯。抽象危险犯对具有危险性的行为进行的一般性禁止是行为无价值的表现,对刑法规范效力的维护确实有积极的价值。虽然抽象危险犯背离了以结果无价值为基础的法益理论,但抽象危险犯是法益保护前置化的措施,是基于更为周延保护法益的考虑。此外,抽象危险犯在结果发生之前对行为进行规制,也暗合了刑法的积极一般预防理论。     

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.     

Consideration of Risk and Protective Factors for Families at Risk for Child Maltreatment: An Intervention Approach

Child maltreatment is associated with a complex interplay of risk and protective factors. Intervention service decisions for child maltreatment need an empirically-supported approach integrating targeted risk and protective factors. A literature review led to the proposed approach to address the interplay between risk (intimate partner violence; IPV and depression) and protective factors (social support and family resources) to help guide decision-making in home-based prevention services for vulnerable families. This approach suggests that social support and family resources are two pivotal protective factors in buffering against child maltreatment potential, while addressing core risk factors. This approach is consistent with research suggesting that home-based parenting programs should target central risk and protective factors in child maltreatment. Application of this approach can guide training of providers delivering home-based services and support decision-making. Future research is warranted to test this approach in empirically-supported interventions.     

Discrepancy between Mother and Child Perceptions of Their Relationship: II. Consequences for Children Considered within the Context of Maternal Physical Illness

Discrepancies between parent and child perceptions of parenting have been well established. The current study addressed whether discrepancies in one dimension of parenting, the parent-child relationship, are associated with child adjustment difficulties concurrently and longitudinally. In particular, it was hypothesized that greater discrepancies in mother and child perceptions of parenting would be associated with child adjustment difficulties. Furthermore, it was hypothesized that families experiencing a stressor—in this case, maternal infection with the human immunodeficiency virus (HIV)—would experience larger discrepancies than families in which the mother is noninfected and that maternal HIV infection would moderate the association between discrepant views and child adjustment. Participants were 183 African-American women (61 HIV infected; 122 noninfected) and one of their noninfected children. All participants were from the inner-city area of New Orleans. Results indicated that discrepancies in mother and child perceptions of their relationship was associated with mother and child reports of externalizing behavior problems concurrently and longitudinally. In addition, discrepancies were significantly higher in families experiencing maternal HIV infection than in the noninfected group. However, with one exception, maternal HIV status failed to moderate the relationship between discrepancies in perception and child adjustment, indicating that discrepancies play a similar role in both types of families. Clinical implications of the present results are discussed.     

信贷风险的法律防范与救济

商业银行以追求利润最大化为经营目标,但在经营过程中,银行时时面临着风险。诸如因借款人违约、主体不合格、手续不全、合同无效等追贷困难。从法律的角度对信贷风险的成因进行了深入的分析,对其表现形式做了总结。并就信贷风险的法律防范与救济进行了有针对性的探讨。     

Risk Perceptions and Fear of Criminal Victimization Among Visitors to Jamaica

ABSTRACT

Tourism is viewed as being particularly vulnerable to crime and data on the attitudes of visitors and travel agents tend to confirm this. Visitor perceptions of the risk of being criminally victimized in Jamaica have tended to be somewhat negative although the rate of criminal victimization of tourists is fairly low. Visitors' perceptions of safety are thus not in keeping with the objective indicators of the risk of tourist victimization. This paper attempts to explain this disjuncture between risk perception and the reality of visitor victimization. It discusses the likely long-term effects, and suggests possible responses to it.     

The Adjustment of Criminal Law in Risk Society:From the Perspective of the Expansion of Potential Damage Offence

风险社会的实质是人类在从现代技术手段获益的同时,却无法完全掌控这些手段,陷入对自身行为所可能带来的风险无法预测与控制的境地.风险社会的风险源于人的决策与行为,因此,如何有效管控人的行为,最大限度地规避与控制各种潜在风险,成为人类社会所面临的共同任务.作为社会调控最后手段的刑法也必须针对当前的风险状况及时做出回应.现行刑法基于传统的以实害犯为主的立法模式,无法有效地规制各种风险行为.危险犯的立法设计,特别是抽象危险犯的设置,能够将刑法的保护防线提前,从而达成法益保护的早期化,有利于对社会共同体的安全保障,是应对风险行为的有效处置手段.     

风险社会的刑法调适——以危险犯的扩张为视角

风险社会的实质是人类在从现代技术手段获益的同时,却无法完全掌控这些手段,陷入对自身行为所可能带来的风险无法预测与控制的境地。风险社会的风险源于人的决策与行为,因此,如何有效管控人的行为,最大限度地规避与控制各种潜在风险,成为人类社会所面临的共同任务。作为社会调控最后手段的刑法也必须针对当前的风险状况及时做出回应。现行刑法基于传统的以实害犯为主的立法模式,无法有效地规制各种风险行为。危险犯的立法设计,特别是抽象危险犯的设置,能够将刑法的保护防线提前,从而达成法益保护的早期化,有利于对社会共同体的安全保障,是应对风险行为的有效处置手段。     

虚拟经济背景下构建和谐社会的法律制度变革

虚拟经济是近年来由我国经济学家提出并受到广泛关注的一个新概念,它是指与实体经济相对的以金融证券市场为核心的经济形态.与发达市场经济国家相比,我国的虚拟经济十分落后,大力发展虚拟经济是提高我国经济发展水平的必由之路.然而,虚拟经济在促进和谐社会建设进程的同时,也给和谐社会建设提出了诸多的挑战.研究这些挑战,寻求经济、社会与法律的解决方案,以此推动虚拟经济法律制度的变迁,已成为经济学界与法学界共同面临的重要课题.     

Parents' Reactions to Child Day Care Organizations: The Influence of Perceptions of Procedures and the Role of Organizations' Trustworthiness

On the basis of the uncertainty management model, we argue here that when people are uncertain about an organization's trustworthiness, they may resolve the question how they should react toward the organization by relying on their perceptions of the organization's procedures. As a consequence, we predicted that the reactions of parents whose child was in a day care center would be strongly influenced by their perceptions of the procedures used by the organization that was responsible for their children's day care when the parents would be uncertain about the organization's trustworthiness. However, when parents would be certain that the organization could be trusted they would be less in need of procedural information, yielding less strong effects of perceived procedure on parents' reactions. The findings of a survey study corroborate this line of reasoning. In the discussion it is argued that these findings suggest that people especially rely on their perceptions of procedures when they are uncertain about important aspects of their lives, such as the trustworthiness of organizations that are responsible for their children's day care.     

非法占用农用地犯罪的司法认定及其反映出的法治问题研究——以重庆市某基层检察院办理的此类案件为样本

非法占用农用地罪是国家土地政策在《刑法》上的直接体现,它表达了特定历史阶段和社会环境下国家意志对农用地使用最有力的指引和控制,能够最直接和真实地反映出作为第一产业的农业和依附于土地之上的农民的生存状况。就法律适用而言,本罪在犯罪数额、共同犯罪、追诉时效等方面的争议亟待厘清;就农用地保护而言,需对涉案群体的利益诉求做进一步关注,对社会发展及其造就的法治环境做深入的分析研究,破解非法占用农用地罪的立法困境,有效解决农村土地问题。