Saved By the Bell: Reclaiming Home Court Advantage for At‐Risk Youth Funneled into the School‐to‐Prison Pipeline

Far too often, minority students are faced with punitive disciplinary actions and are consequently directed to the “school‐to‐prison” pipeline. From education to discipline, implementation of policies that criminalize minor delinquent behavior pushes these students out of school and into the juvenile justice system. Traditional disciplinary actions that would land students in the principal's office have gradually transformed to students being handcuffed and thrown in jail. This Note proposes a model statute requiring states with a high criminal delinquency rate to implement school‐based youth courts in public high schools.     

未成年人犯罪问题调查及检察维权探析——以云南省个旧市为例

当前,未成年人犯罪日益增多,已成为突出的社会问题。刑法的修正充分表明,未成年人刑事司法已成为我国刑事司法的重要组成部份。个旧市检察院10余年工作实践表明,未成年人保护工作是一项系统工程,需要全社会尤其是检察机关的积极参与。检察机关充分发挥检察职能,积极化解社会矛盾,对于维护社会公平正义、促进社会和谐稳定具有重要的实践意义。     

附条件不起诉问题研究

本研究在已有文献的基础上,对附条件不起诉机制从理论上探讨附条件不起诉的可行性;在实践方面,检察干警越来越认识到将宽严相济的精神融入到司法实践之中的重要性和紧迫性,因此,对附条件不起诉机制进行研究,有着重要的现实意义,同时,建立基于SD的附条件不起诉适用模型也具备实际操作价值,为检察机关法律监督工作的有效开展提供借鉴意义。     

Posttraumatic Stress as a Mediator of the Relationship Between Trauma and Mental Health Problems Among Juvenile Delinquents

This study investigated the interrelationships among trauma exposure, PTSD, and mental health problems in a sample of 289 adolescents (199 male, 90 female) detained in a juvenile correctional facility. Mean differences were found in that females scored higher than males on measures of interpersonal trauma exposure and symptoms of both simple and complex PTSD. Females also endorsed more mental health problems in the areas of depression/anxiety, somatic complaints, and suicidal ideation. For all youth, trauma exposure, PTSD, and mental health problems were correlated. Results of structural equation modeling were consistent with the hypothesis that PTSD mediates the relationship between interpersonal trauma and mental health problems for all youth, although the results were stronger for females.

Self-Control,Social Factors,and Delinquency: A Test of The General Theory of Crime Among Adolescents in Hong Kong

The objectives of this study were to test the predictive power of self-control theory for delinquency in a Chinese context, and to explore if social factors as predicted in social bonding theory, differential association theory, general strain theory, and labeling theory have effects on delinquency in the presence of self-control. Self-report data were collected from 1,015 Chinese secondary school students (463 boys and 552 girls) in Hong Kong aged between 14 and 19. Bivariate results showed that low self-control is correlated with delinquency in the Chinese setting. We also found that low self-control is linked to a range of negative social conditions in Chinese adolescents, including disrupted social bonds, delinquent association, deviant definition, educational under-achievement, coercive parenting, negative school experiences, negative relations with peers, stressful life events, and labeling by parents and teachers. However, contrary to self-control theory and many previous studies based on Western samples, self-control fails to predict delinquency when social variables are controlled for among Chinese adolescents. The effects of social factors on delinquency remain significant net of self-control. This suggests that it is the combination of self-control and social factors in the prediction of delinquency that might be variant across cultures. These findings from adolescents from Hong Kong only partially support the culture-free thesis of self-control theory. The implications of Chinese cultural forces on the influence of self-control merit closer attention.

法学研究的新视野:对法律的经济学分析

市场经济的快速发展,带动了法学理论研究的革新.法律经济学分析方法的产生,为我们认识和评价法律提供了新的视角.法律的经济学分析方法产生的前提是法学与经济学在价值观和研究主题上有关联性,现代经济学为法律成本效率的研究提供了便利.效益原则、供求原则及均衡原则是法律经济学构架的核心.法律经济学的研究和发展,有助于推进中国法律制度的改革.     

Adolescents’ time use: Effects on substance use,delinquency and sexual activity

Using an integration of social control theory and the routine activity perspective, adolescent time use was examined for effects on problem behaviors. We examined a wide variety of time use categories, including homework, extracurricular activities, sports time, alone time, paid work, housework, television watching, as well as indices of family time and peer time, for their effects on heavy alcohol use, cigarette smoking, illicit drug use, delinquency and sexual activity. The study employed a representative household sample of adolescents (n=606) and took into account important sociodemographic factors – gender, age, race (Black and White), and socioeconomic status. The most important predictors of adolescent problem behaviors were family time and peer time. Family time serves as a protective factor against all five problem behaviors while peer time is a highly significant risk factor for all five problem behaviors. Ph.D. in Sociology from the University at Buffalo. She is a Senior Research Scientist at the Research Institute on Addictions, University at Buffalo, 1021 Main Street, Buffalo, The State University of New York 14203. Her research interests include family influences on the development of adolescent substance use, gambling, and other problem behaviors M.A. in Mathematics from the University of Rochester. He is Project Manager/Data Analyst at the Research Institute on Addictions, University at Buffalo, 1021 Main Street, The State University of New York 14203. His current research interests include advanced data analysis techniques for studies of alcohol, other substance use and gambling behaviors among youth and adults. Ph.D. in Psychology from the University at Buffalo. He is a Senior Research Scientist at the Research Institute on Addictions, University at Buffalo, 1021 Main Street, The State University of New York 14203. His research interests include the substance abuse/crime nexus, the epidemiology of substance abuse, and the etiology and epidemiology of pathological gambling. Ph.D. in Sociology from Yale University. He is Professor and Chair in the Department of Sociology, University at Buffalo, 430 Park Hall, Buffalo, The State University of New York, 14260. His research interests include interpersonal relations in adolescent, family, friendship, and work groups. M.S. in Epidemiology from the University at Buffalo. She is a retired Research Scientist from the Research Institute on Addictions, University at Buffalo, 1021 Main Street, The State University of New York 14203. Her research interests include alcohol and other substance use among adolescents and families     

能动司法前延后伸的立体预防、帮教安置对未成年人犯罪的社会效应

未成年人犯罪的社会影响面广,在遵守法律原则和程序的前提下,按照未成年人犯罪的特点进行工作机制和方法的转变就显得很重要,这种转变集中表现为能动司法的前延后伸：立体预防和帮教安置。     

Family Transitions and Later Delinquency and Drug Use

Changes in the family structure can be very disruptive to adolescents who live in those families. This article examines the impact of the number of family transitions on delinquent and drug-using behavior. Specifically, the effect of family transitions is hypothesized to be mediated by problems within the family, school, and peer settings. A sample of 646 boys (73%) and girls (27%) taken from a longitudinal panel study of high-risk adolescents are used to examine these hypotheses. For girls, little support is found for the direct or the indirect effect of family transitions on delinquent behavior or drug use. For boys, however, both forms of problem behavior are influenced by family transitions directly and indirectly through changes in, and problems with, peer associations. The findings suggest that during times of family turmoil, the friendship network of adolescent male children is also disrupted, leading to an increase in associations with delinquent others and, in turn, an increase in problematic behaviors.

未成年人犯罪暂缓起诉制度研究

针对未成年人犯罪的暂缓起诉制度，可以有效预防和减少未成年人犯罪。我国应完善立法，明确暂缓起诉的适用条件、原则和程序等，为该制度的运行提供法律依据。