呆护与惩罚：未成年人犯罪刑事政策之选择

对于未成年人犯罪,无论是严厉的刑罚惩治还是人性化的轻刑化、非刑罚化处理, 就实证效果看,都有一定的局限性。笔者主张,应对未成年人犯罪,宜采取轻刑化和刑罚严厉化两极化的刑事政策,以对未成年人犯罪这一社会顽疾实现综合治理。     

Psychopathy and violence in juvenile delinquents: what are the associated factors?

The purpose of the present study was a) to examine the discriminative power of the Antisocial Process Screening Device (APSD), aggressive traits, impulsiveness, antisocial attitudes and alcohol-related problems between subgroups of Russian juvenile delinquents (n=175) with low versus high levels of violent behavior; and b) to compare the predictive value of these variables in two subgroups defined by higher versus lower levels of psychopathic traits. Results demonstrated that the APSD score, traits of physical aggression and alcohol-related problems were able to discriminate between groups with various levels of violence. Furthermore, the level of violence was the only variant factor when comparing levels of psychopathy. Finally, different sets of predictors emerged for the group with higher versus lower psychopathy scores. The results are discussed in relation to specific features of psychopathy and environmental factors in general and the use of alcohol in particular.     

Judges’ Perceptions of Screening,Assessment, Prevention,and Treatment for Substance Use, Mental Health,and HIV among Juveniles on Community Supervision: Results of a National Survey

Juvenile Justice‐Translational Research on Interventions for Adolescents in the Legal System (JJ‐TRIALS) National Survey was funded in part to describe the current status of screening, assessment, prevention and treatment for substance use, mental health, and HIV for youth on community supervision within the US juvenile justice system. Surveys were administered to community supervision agencies and their primary behavioral healthcare providers, as well as the juvenile or family court judge with the largest caseload of youth on community supervision. This article presents the findings from the judges’ survey. Survey results indicated juvenile and family court judges were open to innovations for improving the court's performance, rated their relationships with collaborators highly, and appreciated the impact of screening, assessment, prevention, and treatment on judicial practices.     

青少年犯罪后实施社区矫正的新模式——香港社区支援服务计划

香港自20世纪80年代开始推行以“社会为本,辅导为主”的犯罪矫治措施,强调以较宽容的态度处理轻微罪行的青少年,尽量避免让犯罪青少年进入司法审讯制度内,避免把犯事的青少年监禁起来,而是让青少年留在原来的社区里,改过自新,重新做人。在实践中,为了适应社会发展和社区的需要,香港又相继推出了“社区为本”的自新计划,其中就包括社区支援服务计划。     

少年刑法的法理拷问

"少年刑法"是新近时期姚建龙博士提出的法律概念,以区别于成人刑法.透视少年刑法的基础理论,而不涉及它的具体制度设计,认为我们常常误解了理性、误读了少年的人性.     

Tracing the Rise of Evidence-Based Juvenile Justice in Florida

The movement toward evidence-based practice in juvenile justice has encouraged a research-informed approach that prioritizes the principles of effective intervention. And yet the shifts in this direction have been uneven across different states. This pattern underscores the value of state-level case studies for understanding the pace and nature of juvenile justice reform in recent decades. The authors provide such a study for the state of Florida. They begin in 1994 with the creation of the Florida Department of Juvenile Justice. The authors describe the unique history in these early years and identify the political and cultural factors that variously encouraged and constrained evidence-based reform. They then describe the resulting system that pervades today. The authors emphasize four key elements that define the current operation of Florida juvenile justice. They conclude by situating Florida’s shifts within the broader dialogue on evidence-based practice in U.S. juvenile justice.     

青少年网络犯罪预防初探

网民中青少年最多,青少年网络犯罪在网络犯罪中亦占有很大的比重。因此,有效地预防青少年网络犯罪是预防网络犯罪的关键。只有建立结构化预防体系、加强计算机网络技术方面的建设、加强相关的法律法规保障、加强国际间的合作,才能从根本上预防青少年网络犯罪的发生和蔓延。     

Procedural Justice in Family Conflict Resolution and Deviant Peer Group Involvement Among Adolescents: The Mediating Influence of Peer Conflict

The involvement of adolescents with deviant peer groups is one of the strongest proximal correlates to juvenile delinquency and stems from a variety of causes. Past research has linked ineffective parenting with peer variables, including deviant peer group involvement and peer conflict during adolescence. In this study, adolescents’ appraisals of procedural justice within the family (adolescents’ appraisals of how fairly they are treated by parents in the process of resolving family conflict) were examined as one aspect of effective parenting that may relate to deviant peer group involvement in early adolescence. Data from 1660 middle school students (ages 11–14, mean = 12.6) indicated that higher appraisals by adolescents of procedural justice during family conflict resolution were related to lower levels of both peer conflict and deviant peer group involvement. A structural model was tested in which the relationship between adolescents’ appraisals of procedural justice in the family and deviant peer group involvement was partially mediated by measures of peer conflict. This model was found to have adequate fit to the data, indicating that part of the relationship between procedural justice appraisals and deviant peer group involvement can be explained by levels of peer conflict. Implications of these findings are discussed.

Examining Adolescents’ and their Parents’ Conceptual and Practical Knowledge of Police Interrogation: A Family Dyad Approach

This study examines whether parents have the prerequisite knowledge about police interrogation that would allow them to compensate for youths’ knowledge deficits, protect their interests, and buffer against their vulnerability to coercion. A racially diverse urban/suburban convenience sample of 77 11- to 13-year-olds, 46 14- to 15-year-olds, and 47 16- to 17-year-olds and their parents completed a semi-structured interview on knowledge of legal rights and police practices. Results show that parents know more than younger adolescents about components of the Miranda warning and its behavioral implications but do not necessarily know more about police strategy or the parameters of parental protection. Age and socioeconomic status were associated with youths’ risk for poor knowledge. Among parents, IQ, race, and the child’s age predicted risk classification. Parent IQ, socioeconomic status, and youths’ justice experience, race, and age predicted whether families were classified as at risk for poor knowledge. The results question legal assumptions about parents’ capacity for protecting youths’ interests without intervention.