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。     

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。     

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。     

Psychopathy, intelligence and conviction history

The current study examined the relationship between psychopathy, intelligence and two variables describing the conviction history (length of conviction and number of prior convictions). It was hypothesized that psychopathy factors (interpersonal and antisocial factors assuming a 2-factor model or interpersonal, affective, lifestyle and antisocial factors assuming a 4-factor model) would be related in different ways to IQ scores, length of conviction and number of prior convictions. Psychopathy and IQ were assessed using the PCL:SV and the CFT 20-R respectively. Results indicated no association between interpersonal psychopathy features (Factor 1, two-factor model), IQ and the number of prior convictions but a positive association between Factor 1 and the length of conviction. Antisocial features (Factor 2, two-factor model) were negatively related to IQ and the length of conviction and positively related to the number of prior convictions. Results were further differentiated for the four-factor model of psychopathy. The relationship between IQ and psychopathy features was further assessed by statistically isolating the effects of the two factors of psychopathy. It was found that individuals scoring high on interpersonal features of psychopathy are more intelligent than those scoring high on antisocial features, but less intelligent than those scoring low on both psychopathy features. The results underpin the importance of allocating psychopathic individuals to subgroups on the basis of personality characteristics and criminological features. These subgroups may identify different types of offenders and may be highly valuable for defining treatment needs and risk of future violence.     

对香港少年警讯的几点思考

香港少年警讯是香港警务处推行防止罪案工作中最为成功的项目之一,它的成功经验对我们有着积极的借鉴作用。我 们应当适应时代要求,转变观念,积极引入警察公关理念,对内地青少年教育资源进行有效整合。     

Effortful control,negative emotionality,and juvenile recidivism: an empirical test of DeLisi and Vaughn’s temperament-based theory of antisocial behavior

Recently, DeLisi and Vaughn articulated a temperament-based theory of antisocial behavior which they expressed as the first within criminology to use temperament explicitly, and as the exclusive explanatory construct of both antisocial behavior and negative interactions with the criminal justice system. We provide an initial empirical test of the theory’s two main constructs of effortful control (EC) and negative emotionality (NE) with respect to juvenile offending using a sample of 27,712 adjudicated youth. Cox regressions reveal youth with lower levels of EC and those with higher NE re-offend faster, controlling for demographics plus many prominent risk factors. Furthermore, the approximately 5% of youth at the extreme ends of both low EC and high NE evidence higher recidivism rates and faster time to failure. The findings show strong initial support for temperament theory, and we discuss relevancy for future research, prevention and intervention.     

Identifying trauma symptoms among adjudicated youth using the BASC-2 SRP and CROPS

This study examines the ability of the Behavior Assessment System for Children, Self Report of Personality-Adolescent, 2nd edition (BASC-2-SRP-A) to predict trauma symptomatology as measured by the Child Report of Post-traumatic Stress among a sample of 59 male and 59 female adjudicated youth. Logistic regression revealed that clinically significant CROPS scores were predicted by BASC-2-SRP Social Stress and Somatization scale scores. A second logistic regression indicated that among youth with significant CROPS scores, gender was predicted by Sensation Seeking and Depression scale scores. Further, 47.4% (n = 56) of juvenile offenders’ CROPS scores were clinically significant, with females scoring significantly higher than males. Results endorse the validity of the CROPS and suggest that with additional analysis the BASC-2-SRP may also have the potential to identify juvenile offenders with a history of trauma.     

Rape myths and rape by juveniles

Rape committed during adolescence is a vital indicator for predicting the propensity of committing rape in adulthood. Moreover, although numerous studies related juvenile rape have been proposed in Western countries, most of these studies have focused on the impact of personal factors, and have neglected to examine the impact of rape myths. Therefore, in the present study, we investigated the relationship between rape myths and male juvenile rape. This study used an anonymous self-report questionnaire to collect data. Participants included 466 male middle- and high-school students in Taiwan. The results showed that rape myths are associated with juvenile rape. Furthermore, rape victim myths were the myth category relating to juvenile rape, rather than rape perpetrator myths. Among the rape victim myths, the dimension, women secretly wish to be raped, had the strongest association. Discussions pertaining to implications, applications, limitations, and future research are included in the present study.     

对青少年犯罪预防的思考

青少年犯罪是一个社会“综合症”,是个人因素、家庭环境、社会影响、学校教育等相互交错的结果。在犯罪的青少年中真正有暴力倾向的很少,大多数都有心理问题,因而要用心量疏导的办法去解决,同时,调动社会各方面的力量,加强思想道德和法制教育,做好失足青少年的管理和帮教工作,净化社会环境,构建学校、家庭、社区三位一体的预防青少年犯罪工作网络,才能有效预防和减少青少年犯罪。