INITIAL DEVELOPMENT OF A PSYCHOLOGICAL MODEL FOR JUDICIAL DECISION MAKING IN CONTINUING RESTRAINING ORDERS

Probate and family court judges are increasingly called upon to make rapid decisions regarding the continuance of restraining orders. These decisions are often made without the benefit of adequate background information or an awareness of which psychological and behavioral factors are most relevant. This action‐oriented research project develops a model that brings psychosocial factors to consideration for judges making decisions regarding the continuance of restraining orders. While further evaluation of the model is needed, the project's unique methodology highlights the value of interdisciplinary collaboration, multiple methods of inquiry, and the consideration of real‐world needs and constraints in developing decision‐making tools.     

对“犯罪有益论”中犯罪唤起审美感学说的批判——以现代电影中暴力美学为例的分析

国内刑法学界当前存在着不正确的"犯罪有益论"、"相对主义犯罪观"思潮,并且有日益漫延的趋势,而其支撑性观点之一,是认为犯罪具有"唤起审判感"的正面功能,即犯罪可以唤起公众的审美感,从而也是为社会提供一种"服务"。对于这一学说的批判,应当逐一进行,而关于犯罪具有唤起审美感观点的批判,是反思和批判此类观点的重要内容。本文以对现代电影中的暴力美学加以反思性分析,以此为切入点,对于"犯罪有益论"、"相对主义犯罪观"学说加以反思和批判,以期确立正确的犯罪观,正确认识和把握某些特定犯罪的瞬间形式"美"与其实质危害之间的必然联系。     

Spousal Violence Among Immigrants from the Former Soviet Union—General Population and Welfare Recipients

This study examines psychological and marital risk factors of 322 immigrant FSU couples in Israel. The research focuses on two populations: the general immigrant population and the welfare immigrant population; the latter group is comprised of couples treated in welfare service departments. The dependent variable is spousal violence. The independent variables are: education level, gender, symbolic loss, psychological adjustment (both positive and negative emotions) and the “cultural–familial gap”. Surprisingly, it was found that the welfare immigrant population reports less spousal violence than the regular immigrant population. In addition, a correlation was found between spousal violence and the following factors: higher education, lower level of psychological adjustment and greater familial-cultural gap between the country of origin and Israel. The discussion focuses on the characteristics of FSU immigrants—educational level and orientation towards cultural preservation—within the Israeli context that connects to psychological responses which, in turn, creates spousal violence.     

非理性的犯罪与理性的立法——暴力袭警行为之刑事法思考

暴力袭警严重侵害了警察的合法权益,引起了全国人民的高度关注。关于袭警行为是否应当单设罪名予以刑法规制,理论界与实务界有不同的声音。面对非理性的犯罪,需要的是理性的立法。因此,应对袭警行为的规制进行全面反思,结合宽严相济的刑事政策,借鉴西方国家关于妨害公务罪的立法,提出应对暴力袭警的新的立法建议。     

Perpetration of Gay and Lesbian Partner Violence: A Disempowerment Perspective

Gay men and lesbians may experience domestic violence at rates as high as, or higher than heterosexuals, yet there is a noticeable absence of empirical research investigating this phenomenon. This study investigated same-sex partner violence from a disempowerment perspective to determine the influence of (a) individual characteristics, (b) family of origin factors, and (c) intimate relationship factors. A sample of 77 individuals in distressed relationships (40 gay men and 37 lesbians) were administered a series of quantitative measures in our project office. Data primarily were analyzed using two-way ANOVAs (gender×perpetrator of violence). The greatest number of differences between perpetrators and nonperpetrators was found in individual characteristics. Implications for practitioners working with gay men and lesbians experiencing partner violence are discussed.     

Drinking,Alcohol Problems and Intimate Partner Violence Among White and Hispanic Couples in the U.S.: Longitudinal Associations

This paper examines longitudinal associations between drinking, alcohol problems and male-to-female (MFPV) and female-to-male partner violence (FMPV) in a national sample of White and Hispanic couples in the United States. The study uses general population household survey longitudinal data collected in 1995 and in 2000. Subjects (18 years or older) constitute a random sample of married and cohabiting couples in the 48 contiguous United States. In 1995, a total of 1,635 couples completed the interview for a response rate of 85%. In 2000, face-to-face interviews were completed with 1,392 couples in their homes. The present analyses include 406 White and 387 Hispanic couples, who remained intact at the follow-up. Alcohol volume, alcohol problems, MFPV and FMPV in 1995 significantly predicted these same behaviors 5 years later. For White couples, female alcohol problems predicted FMPV in 1995. For Hispanics, female alcohol problems predicted FMPV only in 2000. The relationships between the three alcohol variables and MFPV and FMPV are not static, changing across ethnic groups over time. Findings suggest that once a behavior is present, it tends to be a strong predictor of that same behavior in the future.     

“人肉搜索”的法律思考

互联网的发展，让资讯传播快捷高效。一种借助互联网的人工参与搜索方式一人肉搜索，让人欢喜让人忧。人肉搜索这把双刃剑在伸张现实正义的同时往往伴随着权利侵害甚至网络暴力，我们应该通过立法规范人肉搜索行为，使其既能发挥舆论监督、弘扬正气的作用，同时叉要切实保护被搜索人的合法权利，以扬长避短，实现法治的目标。     

Attitudes toward Domestic Violence in Korean and Vietnamese Immigrant Communities: Implications for Human Services

The present study examined the effects of gender, ethnicity, acculturation level, age, and education level of Korean and Vietnamese Americans on their attitudes toward domestic violence. The sample consisted of 229 Koreans and 184 Vietnamese, recruited from ethnic communities and college campuses in southern California. Participants completed a brief questionnaire, which included the Revised Attitudes toward Wife Abuse Scale (RAWA) and the Marin and Marin Acculturation Scale as well as demographic variables. Gender, education, and acculturation level emerged as significant predictors of attitudes toward domestic violence. More specifically, men as well as those who were less acculturated and less educated were more likely to endorse pro-violence attitudes. While there were no significant ethnic differences in the global attitude toward domestic violence between the two immigrant groups, there were specific inter-ethnic differences on select items of the RAWA scale.     

CONCENTRATED DISADVANTAGE,TRADITIONAL MALE ROLE MODELS,AND AFRICAN‐AMERICAN JUVENILE VIOLENCE*

In a stagnating urban economy, Elijah Anderson's (1999) Code of the Street depicts a disadvantaged environment where residents face high levels of joblessness, poverty, racial residential isolation, and family disruption. Anderson argues that the loss of job opportunities for African‐American men deprived younger generations of traditional male role models. That is, in a disadvantaged urban setting with a lack of male role models participating in legitimate labor market activity, many young people may turn to violence. Drawing on insights from Anderson's ethnographic work, we assess the generality of Anderson's claims more broadly and explore the potential connection between his work and the macrolevel research on urban violence. Specifically, we explore the influence of male role models (older, employed black males) and the concentration of urban disadvantage on black juvenile arrests for violence across multiple cities in 2000. Overall, we find empirical support for Anderson's concerns over the removal of traditional male role models from urban areas as a result of concentrated disadvantage. Specifically, we find that the presence of traditional male role models reduces the rates of African‐American youth violence. Additionally, our measure of traditional male role models mediates the relationship between structural disadvantage and juvenile violence. We discuss the contributions of Anderson's work to the macrolevel study of urban violence.