服刑人员权利之法律保障探究--兼论现行《监狱法》的不足与完善

如果说刑法是犯罪人的大宪章，那么《监狱法》就应该是服刑人员的大宪章。作为刑事法律体系的组成部分，《监狱法》既规定监狱的刑罚执行权和狱政管理权，同时又规定了在押服刑人员的权利。然而《监狱法》实施20年来，由于其规定的过于粗疏、而且未就“服刑人员权利及其救济”专章规定，导致行刑实践中监狱执法者随意性较大，服刑人员的权利不能得到完全保障，监狱侵犯服刑人员权利的事件时有发生。本文在分析现行《监狱法》在服刑人员权利保障方面的不足的基础上，试图提出《监狱法》在完善服刑人员权利保障方面的一些修改建议。     

Examining Predictors of Depression Among Older Incarcerated Women

For older women in prison, adjustments to prison life are often affected by a variety of mental and physical health symptoms. Many come to prison with specific histories of traumatic life experiences that place them at risk for high levels of depression. Using data gathered from 327 older women (mean age = 56.5), we examined the relationship between a variety of preprison conditions and prison deprivation factors as possible predictors of depression. Stepwise regression results indicated that depression was greater for those with prior abuse histories, functional health problems along with poorer perceptions of mental and physical health, safety and other prison environment concerns. Although race was not a significant predictor in the regression model, a t-test did find that whites were more depressed than African Americans in our sample. Other correlates of depression are also identified that lend insights into the high rates of depression found among elderly women in prison. With such high rates of psychiatric disorders among women offenders, more treatment interventions are needed to adequately serve this population.     

论服刑人员激情犯罪及处置对策

随着监狱硬件设施的完善和监狱管理的进一步科学化,服刑人员想要脱逃成功的可能性大大降低了,但服刑人员中的暴力倾向却明显增强了。在监狱中,服刑人员中的激情犯罪成为一个不容忽视的问题。对罪犯的激情犯罪进行界定、描述,对罪犯中激情犯罪的现场处置策略、方法、要点进行细化阐释,可以指导监狱民警按照规范的程序、正确的方法对服刑人员激情犯罪事件进行处置,以确保监狱安全。     

The role of beliefs and trait aggression in prison bullying among young offenders

This study aimed to explore the characteristics of those involved in bullying, including trait aggression, beliefs, interpretation of potential threat and responses to aggression. Three hundred and thirteen young adult male offenders completed three measures; the Direct and Indirect Prisoner Behaviour Checklist, the Aggression Questionnaire, and the Threat Appraisal of Behaviour measure. Pure bullies and bully-victims were predicted to have higher trait aggression scores, and to be more likely to endorse beliefs supportive of aggression than other groups. Bully-victims were predicted to have higher levels of trait hostility and higher levels of fear than pure bullies. The results demonstrated that both bully groups had higher trait aggression scores, with bully-victims having higher scores on the hostility subscale than pure bullies or those not involved. Bully-victims viewed bullying as more of a threat and were more fearful of it than pure bullies and they were also more likely to endorse both aggressive and avoidant coping responses whereas pure bullies were more likely to endorse aggressive responding. Findings highlight differences between the two bully groups and offers an outline of the underpinning causes of bullying for each group.     

论我国服刑人员未成年子女法律保护的不足与完善

"南京饿死女童事件"引发人们对我国服刑人员未成年子女权利保护法律制度的反思。服刑人员未成年子女作为特殊的弱势群体,不仅需要物质层面的救助,更需要法律制度给予的人权保障。服刑人员未成年子女权利保护法律制度应以"儿童利益最大原则"作为理论基础,架构国家监护机制,并借助于PPP模式来探寻应然的保护路径,以期使我国服刑人员未成年子女的权利得到有效保护。     

Prison registers,their possibilities and their pitfalls: the case of local prisons in nineteenth-century Quebec

This article presents a methodological discussion and analysis of nineteenth-century local prison registers, using two datasets drawn from the common gaols of Quebec City (1813–1871) and of Montreal (1836–1899). It first examines the analytical possibilities offered by the wealth of serial data in these sources, concentrating especially on marital status and on the reconstruction of prisoners' incarceration histories. It then turns to the pitfalls inherent in exploiting such administrative records, notably the vagaries of social categorization and of stature measurement, arguing for the importance of reconstructing the legal and administrative contexts of prisoner data collection.     

‘Social Services will not touch us with a barge pole’: social care provision for older prisoners

Older prisoners are the fastest growing subgroup in the English and Welsh prison estate. Older prisoners have high levels of health and social care needs. This mixed-method study involved the distribution of a questionnaire examining the availability of health and social care services for older prisoners to all prisons housing adult males in England and Wales, followed by qualitative telephone interviews with representatives from eight prisons. Over half of establishments had some contact with external social care services, but reported significant difficulties in arranging the care for individuals. A professional lead for older prisoners had been identified in 81% of establishments; however, the value of this role to positively affect practice appeared questionable. Statutory social care was often non-existent in prison due to the lack of understanding of what it constituted and who was responsible for its provision.     

The social ecology of sexual victimization against transgender women who are incarcerated: A call for (more) research on modalities of housing and prison violence

President Biden has called for reform of the criminal justice system to ensure fair treatment of people who are transgender who come into contact with the criminal justice system. He has done so in a context in which criminologists, public health researchers, and others, including journalists and advocates, have produced a growing body of research that documents the over criminalization and differential incarceration of people who are transgender as well as the high rates of victimization of transgender women who are incarcerated. Accordingly, this article describes a growing literature on the sexual victimization experienced by transgender women who are incarcerated; focuses analytic attention on the housing contexts in which this kind of discriminatory gendered violence emerges and takes shape; points to some emergent policy responses related to these concerns; and calls for original research that, if conducted, could advance the criminological literature in meaningful ways and set the stage for evidence‐based prison policy and practice related to what is now predictably high rates of violence against transgender women who are incarcerated.     

行刑程序与监狱监督论纲——侧重比较研究和可行性的分析

行刑监督是行刑程序不可缺少的重要组成部分。对监狱行刑公权力实行具有一定独立性的监督,不仅有利于保护犯人权益,也有利于监狱对犯人的教育和监狱安全。在我国实行由社会力量进行的独立监督,具有一定的法律和实践基础,是可行的,同时有国外经验可资借鉴。这一机制的建立有利于对公权力实施有效的监督。     

呼市越狱案的定性探讨

四名重刑犯杀害监狱警察,从监狱大门越狱脱逃,引起了社会各界的关注。中央领导高度重视,公安部发出通缉令,警方立即展开搜捕行动,并调动了一架小型飞机在空中搜索。经过67小时的搜捕将越狱罪犯捕获。本案非常典型、复杂,在预备、实施既遂、后续逃跑过程中,四名越狱罪犯犯下了累累罪行。笔者认为,以本案脱逃越狱的性质为切入点,立足于本案共同犯罪的整体基础,从脱逃越狱犯罪的整个发展过程来看,本案应该定性为故意杀人罪、组织越狱罪及后续行为构成的诸多罪实行数罪并罚。以此案来审视我国现行《刑法》的相关规定,应设立越狱罪。