是限制特权,还是保护特权?--评婚姻法修正案第33条的实质影响

婚姻法传统中旨在维持军婚的特权体制,在此次修订中被加以了限制,但这较之过去并没有实质改变军人的特权地位.解决问题的关键不是对法条的修补或解释,而是将争议诉诸宪法审查.     

STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

Descriptive Study of Precursors to Sex Offending among 813 Boys and Girls: Antecedent Life Experiences

In order to understand the precursors to sexual offending among youth and the associated gender differences, the records of 813 sexually abusive children (659 boys and 154 girls) referred for an evaluation of their sexually inappropriate and coercive behavior were reviewed and coded. These children ranged in age from 3 to 18 when they committed their first hands-on offenses. All were under the care of the Massachusetts Department of Social Services either prior to or as a result of their behavior. Principle findings included: (1) a high proportion of girls (19 percent) in a sample of children flagged as sexually abusive to other children, (2) an exceptionally high base rate of severe maltreatment and associated clinical and psychiatric sequelae, and (3) girls were significantly more likely to be sexually abused, and when sexually abused the abuse lasted longer, was more severe, and involved more perpetrators. In addition, the girls were significantly more likely to witness domestic violence and to witness sexual deviance within the home. For all other types of abuse, there were no group differences, and (4) all of the children were subjected to a very high level of caregiver instability.     

CRITIQUE OF CHILD CUSTODY EVALUATIONS BY THE LEGAL PROFESSION

This study explored the congruency between child custody evaluations and the needs of the legal profession. One hundred twenty-one judges and attorneys were surveyed. In general, both groups expressed similar attitudes and beliefs. Findings indicated that court-ordered evaluations were most useful, and objectivity was paramount. Judges and attorneys also expressed a need for improvements in child custody reports, particularly greater child focus, provision of custody and visitation recommendations, discussion of legal criteria, and timely completion of evaluations. It is hoped that the findings will inform professional practice and help evaluators better serve the needs of the family court.     

When parents kill their young children: Detroit 1982–1986

The population of 36 parents or parent figures arrested for killing their children or charges, who were under the age of 6 years in Detroit, Michigan, between 1982 and 1986, are described in the context of their deadly acts. This profile of parent-on-child homicide includes demographic and social characteristics of offenders and victims, circumstances of offense, andarrest and court dispositions.     

THE CONTEXT OF MARRIAGE AND CRIME: GENDER,THE PROPENSITY TO MARRY,AND OFFENDING IN EARLY ADULTHOOD*

Marriage is central to theoretical debates over stability and change in criminal offending over the life course. Yet, unlike other social ties such as employment, marriage is distinct in that it cannot be randomly assigned in survey research to more definitively assess causal effects of marriage on offending. As a result, key questions remain as to whether different individual propensities toward marriage shape its salience as a deterrent institution. Building on these issues, the current research has three objectives. First, we use a propensity score matching approach to estimate causal effects of marriage on crime in early adulthood. Second, we assess sex differences in the effects of marriage on offending. Although both marriage and offending are highly gendered phenomena, prior work typically focuses on males. Third, we examine whether one's propensity to marry conditions the deterrent capacity of marriage. Results show that marriage suppresses offending for males, even when accounting for their likelihood to marry. Furthermore, males who are least likely to marry seem to benefit most from this institution. The influence of marriage on crime is less robust for females, where marriage reduces crime only for those with moderate propensities to marry. We discuss these findings in the context of recent debates concerning gender, criminal offending, and the life course.     

Childhood Abusive and Supportive Experiences, Inter-Parental Violence, and Parental Alcohol Use: Prediction of Young Adult Depressive Symptoms and Aggression

Issues in both the children of alcoholics and child abuse literatures were addressed in an attempt to disentangle the effects on young adults of growing up in alcoholic homes versus abusive homes. Using multiple regression, retrospective reports of parental abuse (emotional, physical, and sexual) and parental support (love/support, independence, and fairness), witnessing violence between parents, and parental alcohol use were used as predictor variables for outcomes noted by both literatures. When the effects of all other predictors were statistically controlled, parental alcohol use was not significantly related to depressive symptoms or aggression. Different abusive and supportive behaviors, depending on sex of parent and sex of participant, were significant predictors of both depression and aggression. Results underscore the importance of including and controlling for inter-parental violence and for different types of child abuse (especially emotional abuse) and parental supportive behaviors in investigations of outcomes related to abusive and alcoholic families. Implications for treatment of individuals from these families are discussed.     

Resuscitation injuries complicating the interpretation of premortem trauma and natural disease in children

Minor soft tissues injuries are common in both adults and children who have had cardiopulmonary resuscitation (CPR). Potentially life-threatening injuries are rare. The pre-arrest history in a resuscitated adult often assists the pathologist to interpret autopsy findings. In contrast, an infant or child may not have a reliable history. In this situation, it may be difficult if not impossible to distinguish resuscitation injuries from pre-existing accidental or inflicted trauma. I describe two children who had significant autopsy-documented injuries initially attributed to abuse. The State filed murder charges against the caretaker in each case. However, further history and review of the medical records suggested that resuscitation rather than pre-arrest trauma caused almost all of the injuries. The State dismissed the charges in the first case. A jury returned a "not guilty" verdict in the second. It is essential to consider the entire history and not just autopsy findings when performing a death investigation.     

Taphonomy of child-sized remains: a study of scattering and scavenging in Virginia, USA

Child-sized pig carcasses (Sus scrofa) were placed in surface deposit and buried scenarios in a wooded area of Virginia from May 1998 through December 2000, to examine the taphonomic effects of decompositional changes, predator scavenging, and the extent of remains scattering. Changes were observed through on-site examination, charting of remains, and recorded video imaging. Analysis of data revealed that utilization of corpses as food sources by vertebrates was dependent upon invertebrate colonization. Vertebrates avoided feeding on the corpses while invertebrate colonization was active, and would feed before invertebrates successfully colonized a corpse, or would wait until the invertebrate populations migrated away from the corpse. Among vertebrates, there was no apparent succession order for the animals utilizing the remains as a food source. Different vertebrates would feed at different times based upon diurnal or nocturnal predilection. Analysis noted an accidental cooperative relationship between the invertebrates and vertebrates scavenging on the corpses. Certain vertebrates gained access to the internal tissues by utilizing openings in the corpses caused by invertebrate and other vertebrate scavenging. Alternately, carrion-frequenting insects were afforded access to previously inaccessible colonization sites as a result of scavenging vertebrate activities.     

家庭“冷暴力”的危害及防治对策

家庭"冷暴力"正日益成为破坏现代婚姻家庭的重要"病毒",也是诱发受害者犯罪,造成社会不稳定的原因之一,要预防争制止家庭"冷暴力",必须提高社会认识和男女双方的责任意识,提高妇女地位,完善立法,提供社会支持,为构建和谐社会而不懈努力!