论认知不协调与犯罪心理

认知不协调指人同时持有不一致认知时所产生的心理紧张状态。犯罪人在犯罪前、犯罪时、犯罪后都会经受认知不协调。本文论述了认知不协调与不良行为演变为犯罪心理和犯罪行为的关系,与反社会意识的关系,以及犯罪人的自我辩解原理,最后论述了如何利用认知不协调原理进行有效的审讯。     

Effectiveness of the habitual offender act: An assessment of criminal histories

Habitual offender acts have been adopted by 43 states and are under consideration in the legislatures of others. These acts have been adopted with relatively little evaluation of the costs involved in the implementation of this legislation. This study seeks to evaluate the extent to which Alabama’s habitual offender statute captures serious career criminals. The results indicate that the differences between those in the prison population sentenced under habitual offender statutes and those sentenced under other statutes is not significant. There does appear to be support for the contention that the majority of prisoners have substantial criminal histories; however, it is noted that many have not committed a severe crime. The exaggerated claims for the number of crimes committed by “typical” offenders and resultant high costs of non-incarceration are examined and challenged. The authors suggest that the resources available to deal with offenders could be better invested in the development and testing of community-based programs designed to divert offenders from a life of crime rather than in programs which intervene after criminal histories are severe and which invoke life-long incarceration as a remedy. The authors wish to express their appreciation to the Alabama Department of Corrections for their assistance in this project.     

刑事责任能力评定的神经法学观点

认知神经科学对法律行为背后神经心理机制的聚焦和讨论,催生了神经科学与法学的联姻—神经法学.其中,从认知神经科学的角度来评定刑事责任能力是神经法学的重要研究领域.文章重点介绍了精神疾病患者决策过程的认知神经科学研究成果和反社会个体的脑结构和功能异常以及基因多态性的研究证据,来分析讨论这两个特殊群体的刑事责任能力,以此说明认知神经科学可能对司法实践中刑事责任能力评定带来的影响.     

Citizen assessment of local criminal courts: Does fairness matter?

Public opinion about local court systems is an important area of scholarly inquiry that has received little empirical attention. This study utilized a survey implemented by the National Center for State Courts to examine the effect of perceptions of fairness (egalitarian and discriminatory) on respondent satisfaction with local court handling of criminal cases (violent criminal, drug, and juvenile delinquency). Findings from OLS regression analyses indicated that perception of both egalitarian and discriminatory fairness had an impact on respondent reported satisfaction with local court handling of criminal cases. The results of the analyses also suggested that instrumental concerns, in the context of perceptions that courts resolve cases in a timely manner, had a significant impact on public assessment of local criminal courts. By contrast, prior experiences with local courts and respondent demographic factors had little direct influence on respondent satisfaction with local criminal court handling of cases. Direction for future research and implications of the findings are discussed.     

Investigation of the labial photoplethysmograph (LPG) in the idiographic assessment of female sexual interest: its viability in the forensic context

This paper presents a viability study of the labial photoplethysmograph (LPG) in the physiologic assessment of female sexual function and investigates whether it would meet the requirements of a female sex offender assessment. Evaluation of physiologic components of female sexual responding is technically challenging and there are several limitations that present some unique challenges to forensic clinicians. The present study was designed to investigate the effectiveness of the LPG as a measure of female sexual arousal with a view to evaluating it as an analogous technique to phallometric testing for male sex offenders. Seventeen sexually healthy women were evaluated. General and genital physiological measurements were taken at baseline and in response to erotic and control stimuli. The correspondence between subjective appraisal of arousal and physiological responses was also undertaken. Findings indicated a clear and unequivocal measureable response to the sexual stimuli using the LPG but challenges remain and are discussed.     

精神病人限定刑事责任能力评定量表在强奸案件中的运用

目的探讨《精神病人限定责任能力评定量表》在强奸案件中的运用。方法用《精神病人限定责任能力评定量表》评定为限定刑事责任能力的77例强奸案例,完成了量表评定,同时将限定刑事责任能力进行三级划分。结果小部分组、部分组、大部分组量表评定分逐渐升高,且具有显著性差异,量表共16个条目与评定分相关,相关系数从0.265至0.611不等,因子分析得到7个因子,解释75.784%的变异。结论精神病人限定责任能力量表内部构建合理,在强奸案件中其评定总分能有效反映三级限定刑事责任能力之间差异。     

Latinos/as in the criminal and juvenile justice systems

With few exceptions, prior explanations of racially disparate punishment have followed a dichotomous approach (i.e., African American versus Caucasian), due in part to the limitations of existing data. Researchers have either excluded Latino/a, defendants or treated them as a monolithic group. Consequently, there is not much on Latinos/as, whose experiences with the criminal and juvenile justice systems differ from those of African American and Caucasian. This article expands on current literature by providing a thorough overview of existing literature on Latino/as. It critiques this body of literature and lists ten common methodological flaws that may contribute to findings of equal treatment. Finally, it provides a concise summary of the main subgroups within the umbrella term ‘Latino/a’ to highlight the heterogeneity within this classification.     

浅论对刑事案件中的司法精神病鉴定的审查

我国刑诉法第120条规定:精神疾病的医学鉴定由省级人民政府指定的医院进行。因此,公、检、法机关的专职法医不再直接参与司法精神病鉴定,而只对其进行审查。具体而言:一是对提出进行司法精神病鉴定委托或要求的案件进行审查,决定是否进行司法精神病鉴定;二是对已经作出的司法精神病鉴定进行审查,确定其证据效力。一、对刑事案件提出的司法精神病鉴定委托或要求的审查。笔者在实践中体会到:对提出的司法精神病鉴定委托或要求进行审查,决定是否进行司法精神病鉴定时需切实把握住精神病人实施危害行为的下述一般特征:1目的和动机不明显。精神病…     

An empirical assessment of content in criminal psychological profiles

Although criminal psychological profiling has been in use by law enforcement agencies for almost three decades, there is a paucity of empirical research examining the technique. A fundamental issue that has received little attention is the empirical evaluation of information contained in profiles composed by professional profilers. In this study, a group of profilers, police officers, psychologists, college students, and self-declared psychics were given information from a solved murder investigation, after which the participants composed a written profile predicting the probable offender. Professional profilers tended to write more lengthy profiles that contained more information about the nonphysical attributes of the offender and more information about the crime scene or the offender's behavior before, during, and after the crime. These results are discussed in terms of their implication for our broader understanding of the technique of profiling and future directions for research into profiling.     

浅论对刑事案件中的司法精神病鉴定的审查

我国刑诉法第120条规定:精神疾病的医学鉴定由省级人民政府指定的医院进行.因此,公、检、法机关的专职法医不再直接参与司法精神病鉴定,而只对其进行审查.具体而言:一是对提出进行司法精神病鉴定委托或要求的案件进行审查,决定是否进行司法精神病鉴定;二是对已经作出的司法精神病鉴定进行审查,确定其证据效力.     

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。     

An assessment of the relative impact of criminal justice and criminology journals

The current study was undertaken to provide an impact assessment of criminal justice and criminology journals as an alternative measure to the prestige survey ratings reported by Sorensen, Snell, and Rodriguez (2006). Citations to sixty-seven target journals were tallied from ten top criminal justice and criminology journals. Various impact measures were fairly consistent with one another and the prestige survey ratings, particularly for a “top tier” of journals. With a couple of notable exceptions, a long-standing core of these elite journals has held their relative positions from early impact studies relying on data from the 1970s and 1980s; nevertheless, significant deviations were noted based on the measurement utilized for all but the top journals. Findings from the current study suggested that the quality of journals is multifaceted and warns against employing a scale based on one dimension of journal quality.     

Periodical prestige and criminal justice: An assessment of professional journals [1]

It is a seemingly easy task to generate periodical rankings for an academic discipline. Yet, upon closer inspection, the validity of this claim is questionable, particularly for disciplines lacking a well-defined membership or scholarship boundaries. Criminal justice is one such discipline.Data for the project were derived from questionnaire responses of 1,028 persons who were members of the Academy of Criminal Justice Sciences, American Sociey of Criminology, or both associations, via a three-wave mail survey in September 1979.The study’s most interesing findings were: (1) noncriminologists assigned periodicals a wider range of weights than criminologists; (2) periodical publishers assigned higher weights than nonpublishers; (3) periodical rankings were most similar among published and nonpublished noncriminologists; and (4) respondents generally agreed on what constitutes the poorer journals.     

Biological protective factors of criminal offending: implications for risk assessment research and practice

Despite the recognition of the practical and theoretical contributions of protective factors in risk assessment practice, the field has granted significant attention to psychosocial protective factors to the apparent neglect of biological protective factors. This review found a wealth of evidence which strongly and convincingly indicates that biological factors such as high intelligent quotient, executive functioning, skin conductance, and resting heart rate offer protection against criminal and antisocial behaviors. More importantly, the literature is supportive of the view that both risk and protective factors co-occur in the same variables, thus questioning the practice of classifying a set of variables as strictly risk or protective. Specifically, the risk–protective effect is contingent upon individual’s rating as high or low on the factor in question. It is recommended that researchers, academicians, and practitioners strive in their efforts to canvass other salient factors beyond the psychosocial factors as these factors can significantly and positively impact the risk assessment field, both theoretically and practically.     

Transcarceration: Notes on a psychoanalytically-informed theory of social practice in the criminal justice and mental health systems

The application of Lacanian psychoanalytic semiotics to the intersecting categories of criminal justice and mental health is relatively novel. In this paper the phenomenon of transcarceration or the repeated channeling of disordered defendants (subjects) through institutional regimes of discipline and coercion is outlined. Attention is directed at the intra-psychic and intersubjective mechanisms responsible for the structuring of discourse. Lacan's schematization on the constitution of master narratives through the Discourse of the Master is also delineated. The author concludes by demonstrating how transcarceration is fundamentally about language and privileged speech patterns which agents of both systems as well as subjects themselves perpetuate. This revised version was published online in July 2006 with corrections to the Cover Date.