Non-Sexual Delinquency in Juvenile Sexual Offenders: The Mediating and Moderating Influences of Emotional Empathy

The theoretical linkage of empathy to sexually aggressive and antisocial behavior is reviewed, and assessment conducted on the role of emotional empathy in the non-sexual delinquent behavior of juvenile sexual offenders. In examination of developmental antecedents of empathy, self-reported parental attachment and positive fathering experiences were found to be positively associated with emotional empathy, while reported exposure to violence against females was inversely related. As hypothesized, emotional empathy was found to have both mediating and moderating influences on risk of engagement in non-sexual delinquency. Emotional empathy was found to be negatively associated with non-sexual delinquency and to partially mediate the positive influences of exposure to violence against females and hostile masculinity. Emotional empathy was also found to function as a moderator of hostile masculinity, with high empathy levels associated with an attenuated positive effect of hostile masculinity on non-sexual delinquency, and low levels with an accentuated effect. Possible mechanisms for this moderating influence are discussed, along with clinical implications of the findings and directions for future research.     

现阶段我国未成年人犯罪成因与对策研究

由于未成年人特殊的生理和心理特征,使得未成年人犯罪在社会变革时期呈现出多样性和复杂性,为了预防和减少未成年人犯罪,只有从新时期诱发未成年人犯罪的社会、生活和心理因素着手,坚持综合治理、教育与保护、及时防治等原则,采取刑事的、社会管理的、思想法制教育等对策,才能做到标本兼治。     

Parental Involvement in Juvenile Sex Offender Treatment: Requiring a Role as Informed Supervisor

Sex offenses, particularly those against children, have always been viewed negatively in society. A large portion of these offenses are committed by children against children. Most state legislatures focus on punitive measures when dealing with juvenile sex offenses, yet few place treatment on equal ground. Treatment has been shown to be effective in reducing the rate of recidivism of juvenile sex offenders. Juvenile sex offenders that participate in treatment have shown lower recidivism rates than adult offenders or untreated juvenile sex offenders. This Note advocates that states adopt legislation based on a successful statute in Colorado that creates a sex offender management board consisting of a multidisciplinary treatment team for juvenile sex offenders' treatment while requiring parental involvement in treatment as “informed supervisors” when the team deems it appropriate.

Key Points for the Family Court Community:
• Sex offender treatment on juveniles has been successful in reducing recidivism, as juveniles are more receptive to treatment than adults.
• Supervision and treatment of juvenile sex offenders would be more effective if parents or guardians are involved in the juvenile's sex offender treatment.
• States should adopt legislation based on the Colorado model that creates a sex offender management board and multidisciplinary team to supervise the treatment of juvenile sex offenders and requires appropriate parental involvement in the treatment as “informed supervisors”.

     

Same Crime,Different Time: Why we Need an Amended Guideline for Repeat Offenders to Minors

Currently there is a circuit split between the Second and Ninth Circuits in determining whether or not to apply previous juvenile sex offenses to the sentencing of an adult sex offender. The Second Circuit feels it is within the trial court's discretion to apply an enhancement of the U.S. Sentencing Guidelines by applying either a juvenile adjudicated or unadjudicated sex offense to the sentencing of an adult offender. The Ninth Circuit sees that as improper and only adult sex offenses should be counted toward the sentencing of adult sex offenses. Due to the vague language of this enhancement, the determination of how to apply this is up to the court's discretion. This Note proposes that the U.S. Sentencing Commission amend section 4B1.5, and decide in favor of the Ninth Circuit due to the plain text reading of the statute, as well as the intent of the guideline itself alongside the “rule of lenity” as understood in the Ninth Circuit's reasoning of only applying adult offenses to the sentencing of that adult later on in life. The positive public policy of rehabilitation of juvenile offenders would be served greatly by this amendment to this guideline. By eliminating the possibility of having such an offense count against a juvenile in the future would allow and encourage those juveniles to take positive steps toward their future.     

青少年犯罪的生物学解析与治理简

人的犯罪是综合因素作用的结果。但是,在综合因素中生物性因素与社会性因素对青少年和成年人犯罪所起的作用是不同的,前者对青少年犯罪所起的作用更大,后者对成年人犯罪所起的作用更大。这主要是因为青少年的犯罪是成长中的犯罪。青少年正处在由生物人向社会人的急剧变化时期,这一时期,上述两种因素交替变化是青少年生理发育的一种自然表现。基因遗传和突变特性以及激素旺盛分泌对情绪、情感、行为的影响强烈程度都大于成年人,所以,他们的犯罪往往带有生物性因素作用的本能色彩。对青少年犯罪的防治,不应忽视这些具有不良作用的因素。     

未成年人刑事归责年龄及刑罚处罚措施规定的建议

我国未成年人犯罪激增,并且呈现出新的趋势:低龄化、集团化、恶性化,而在未成年人犯罪的刑事归责和刑罚处罚措施等方面,我国立法明显滞后,使得罪责不一、罚其不当,无法充分实现预防犯罪、教育他人的目的。因此,我国应调整现行法律规定,适当降低刑事责任最低年龄,扩大相对刑事责任年龄阶段刑事责任范围,建立丰富、层次化的刑罚处罚体系,以体现对未成年犯的惩罚、教育,有效抑制目前未成年人犯罪日益严重的态势。     

浅议未成年人犯罪记录封存制度

近年来,一些地方法院,比如河北石家庄、乐陵法院等对未成年人犯罪记录封存制度进行了试点,取得了一定成效,积累了部分经验。在2012年最终将该制度写入了刑诉法,虽然,不可否认,该制度确实在实践中发挥了重大作用,但是不能忽略围绕该制度还存在许多问题,比如封存时间、封存范围、封存程序,该制度与其他机构如何协调,如何解决与其他制度的矛盾,等等,这些还需要不断的完善。     

Juvenile Competency to Stand Trial: A Systemic Look Under the Hood: Reasonable Accommodations

Juvenile competency to stand trial has historically involved the intrinsic abilities of a juvenile to understand and appreciate the nature of the proceeding against the juvenile and the juvenile’s ability to assist in his/her defense and communicate effectively with defense counsel. The literature has not addressed the recursive systemic competency process between the juvenile, defense counsel, and hearing officer. This article discusses the communication skills of defense counsel and hearing officers as part of the systemic equation in a juvenile’s competency to stand trial. A case example is used to demonstrate the importance of reasonable accommodations as part of the systemic, recursive interactions between a juvenile and court personnel. The authors conclude with recommendations for training in the areas of linguistics and the psychosocial development of juveniles in the socio-cultural context in which they live.     

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。     

A Family Affair: The Juvenile Court and Family Violence Cases

Little attention has been devoted to studies of adolescent family violence offending, yet research on adult populations show that victim relationship may make a difference in how offenders are treated in the criminal justice system. Given that the intergenerational transmission of violence may operate through adolescent family violence, a detailed examination of these youth is warranted. Through an analysis of detained youth in a small northeastern state, this study examines differences in court treatment between family and non-family offenders. Family violence offenders are significantly more likely to be minor offenders and to be female than are non-family offenders. Results of logistic regression show that, all else being equal, family violence youth are treated more leniently by the court than non-family offenders. Finally, while most youth are released to community dispositions, there are no differences in court-ordered family counseling between family and non-family offenders. These findings point to areas of needed research on adolescent family violence offenders and larger policy questions about how such youth should be treated relative to other youth. A previous version of this paper was presented at the 2003 Annual Meeting of the American Society of Criminology, Denver, CO.