谈我国刑法对共同犯罪的修订与完善

犯罪团伙包括犯罪集团和一般共同犯罪,犯罪集团是三人以上为共同实施犯罪而组成的较为固定的犯罪组织。聚众犯罪是一个和共同犯罪交叉的概念,即使聚众犯罪构成共同犯罪也不是犯罪集团。犯罪集团的首要分子对集团所犯全部罪行承担刑事责任,一般主犯则只对其参与、组织、指挥的全部犯罪承担刑事责任。对不同的共同的犯罪人采取不同原则,以体现罪责刑相适应的原则。     

DOES WHAT POLICE DO AT HOT SPOTS MATTER? THE PHILADELPHIA POLICING TACTICS EXPERIMENT*

Policing tactics that are proactive, focused on small places or groups of people in small places, and tailor specific solutions to problems using careful analysis of local conditions seem to be effective at reducing violent crime. But which tactics are most effective when applied at hot spots remains unknown. This article documents the design and implementation of a randomized controlled field experiment to test three policing tactics applied to small, high‐crime places: 1) foot patrol, 2) problem‐oriented policing, and 3) offender‐focused policing. A total of 81 experimental places were identified from the highest violent crime areas in Philadelphia (27 areas were judged amenable to each policing tactic). Within each group of 27 areas, 20 places were randomly assigned to receive treatment and 7 places acted as controls. Offender‐focused sites experienced a 42 percent reduction in all violent crime and a 50 percent reduction in violent felonies compared with their control places. Problem‐oriented policing and foot patrol did not significantly reduce violent crime or violent felonies. Potential explanations of these findings are discussed in the contexts of dosage, implementation, and hot spot stability over time.     

BITING ONCE,TWICE: THE INFLUENCE OF PRIOR ON SUBSEQUENT CRIME LOCATION CHOICE

Properties, victims, and locations previously targeted by offenders have an increased risk of being targeted again within a short time period. It has been suggested that often the same offenders are involved in these repeated events and, thus, that offenders’ prior crime location choices influence their subsequent crime location choices. This article examines repeated crime location choices, testing the hypothesis that offenders are more likely to commit a crime in an area they previously targeted than in areas they did not target before. Unique data from four different data sources are used to study the crime location choices of 3,666 offenders who committed 12,639 offenses. The results indicate that prior crime locations strongly influence subsequent crime location choices. The effects of prior crime locations are larger if the crimes are frequent, if they are recent, if they are nearby, and if they are the same type of crime.     

An integrated case formulation approach in forensic practice: the contribution of Occupational Therapy to risk assessment and formulation

Forensic services focus on risk reduction and extol the value of multidisciplinary working. Due to the complex relationship of personality disorder and risk, a multidisciplinary approach to risk assessment, formulation, management and reduction is essential. Occupational Therapists provide a unique perspective; however, current literature pertaining to the contribution of Occupational Therapy is negligible. This paper aims to initiate discussion of the value of Occupational Therapy contributions to risk assessment and formulation with personality disordered offenders. A new approach is described that integrates occupational adaptation and multiple sequential functional analysis to provide a structured framework for Occupational Therapy risk assessment and formulation. A single case report is presented to demonstrate the advantages of the approach for identifying offenders’ strengths and difficulties, predicting risk of reoffending, identifying offence paralleling behaviour and informing and evaluating efficacy of intervention, thereby supporting the aims of forensic practice settings to assess, manage, treat and reduce risk.     

Exploring the criminal histories of stranger sexual killers

Although sexual homicide is receiving increasing research attention, few studies have examined the criminal histories of sexual killers in any detail. This study examined the criminal histories of 81 British stranger sexual killers to determine whether they were generalist, specialists or both and whether their criminal histories reflected violent, sexual, marginality and over control pathways. Results found most stranger sexual killers were generalist offenders and sexual homicide was part of a varied criminal repertoire and non-sexual crimes predominate. This ‘antisocial orientation’ means future offending may not be limited to sexual violence. Criminal histories reflected the violent, sexual, marginality and over control pathways, but offenders in the violent pathway were more criminally orientated. The clinical and investigative implications of these findings were considered as they suggest knowledge of the criminal histories of stranger sexual killers is an important consideration for criminal justice professionals.     

“Keeping Children Safe”: the Child Sex Offender Disclosure Scheme in Scotland

Abstract

This article describes the Child Sex Offender Disclosure Scheme in Scotland known as Keeping Children Safe (KCS), and the wider community engagement strategy developed by the charity Stop it Now! Scotland. The author coordinated the disclosure scheme on behalf of Police Scotland from November 2011 to March 2014. He is employed by Stop it Now! Scotland as a project officer. In 2011, Stop it Now! Scotland took over responsibility for the coordination of the KCS scheme from the Police. This work is embedded within a community engagement strategy known as the Upstream Project. The Upstream Project provides information to “community-facing” agencies to use in their interface with groups or individual adults in the community. To achieve this, a prevention toolkit was developed which includes a range of practical information and resources which adults can use to identify potential risk and take steps to prevent sexual abuse from occurring.     

论原始社会犯罪人赔偿制度

20世纪70年代开始至90年代,几乎所有西方国家都规定了罪犯赔偿制度。追溯罪犯赔偿历史,它是原始社会时期的一种犯罪治理手段,是犯罪的伴生现象。相较于今天的犯罪治理手段,它更注重个人身心、生活、行为和社会秩序的恢复。西方国家、伊斯兰社会和非洲、亚洲等的原始社会,都曾广泛采用罪犯赔偿制度。原始社会罪犯赔偿制度注重被害人的被害恢复,重视为避免社会冲突,要求罪犯承担弥补犯罪所造成的恶果的责任,同时也十分重视恢复社区安宁。这对于我们今天的犯罪治理有着重要的参考价值。     

CHANGES IN POLICE NOTIFICATION FOR RAPE, 1973–2000*

We use data from the National Crime Survey (NCS) and the National Crime Victimization Survey (NCVS) to explore changes in the likelihood of police notification in rape incidents. The findings indicate that during the 1970s and 1980s there was a significant increase in police notification by third parties and by victims raped by non‐strangers. During the 1990s the increase in rates of police notification in rape incidents accelerated and broadened in scope. In addition, differences in police notification between stranger and non‐stranger incidents diminished during the 1970s and 1980s and, by the early 1990s there was no significant difference.     

秦汉家族成员连坐考略

秦汉统治者为巩固其统治,继承了产生于奴隶社会的连坐法,并对其加以发展。秦汉家族成员的连坐涉及到父子、夫妻、兄弟姐妹、祖孙、从兄、宗族等各种亲属关系。与连坐有关的罪名有盗窃、罪犯逃亡、挟书、谋反、巫蛊、祝诅、首匿、见知不举、诽谤、妄言、非所宜言、妖言、降敌等。连坐法的施行,是封建统治者维护其统治的需要,也是封建地主家族争权夺利的工具。     

情节加重犯若干问题研究

加重犯分为结果加重犯与情节加重犯两类,二者的区别在于:结果加重犯的加重结果超出了基本构成要件的范畴,而情节加重犯的加重情节则在基本构成要件之内;情节加重犯之加重情节是量刑情节而非定罪情节;情节加重犯是单纯一罪。