死刑犯器官移植问题研究

死刑犯的器官移植是一个值得关注的问题。本文先对死刑犯器官移植的可行性进行法理分析,进而从处分权、收益权、相关性的权利三个方面对死刑犯器官移植中的权利层次进行剖析,在此基础上,构筑了规范死刑犯器官移植的立法体例,以此加强对死刑犯器官移植中基本权利的保障。     

Confinement as a two‐stage turning point: Do changes in identity or social structure predict subsequent changes in criminal activity?*

Scholars frequently characterize incarceration as a possible turning point in criminal activity. This implies a two‐stage process: 1) change in life‐course mechanisms around confinement and reentry result in 2) subsequent change in criminal activity relative to preconfinement. Following this model, we examine change in criminal activity, criminal identity, and social/structural challenges using data from the Prison Project, a cohort of adult males with short‐term confinement in the Netherlands in 2010–2011. Results of a novel test for within‐individual change in arrests from preconfinement to post‐reentry show that most individuals are stable—yet there is a substantial group who go down meaningfully and a much smaller group who go up. Even though changes in criminal identity from the intervening period do not predict these change groups, increases in social/structural challenges predict those who go up in criminal activity. We build from prior work on desistance and reentry, contrasting our findings and highlighting the unique insight gained from, as well as challenges of, measuring individual change within our two‐stage turning point model. Although life‐course mechanisms often correspond with changes in criminal activity concurrently, identifying individual changes that are predictors of subsequent shifts in criminal offending remains elusive.     

从历史与逻辑的角度看我国的罪犯教育目的——兼及罪犯改造质量问题

回顾我国监狱工作历史发现，改造罪犯目标的定位经历了一个发展过程，不同时期表述不尽一致，但是其背后的基本精神却一以贯之。从罪犯教育学的角度看，这个目标定位就是罪犯教育目的问题。监狱工作的任务、罪犯改造目标和罪犯教育目的具有一致性，都是为了把罪犯改造成为守法公民。罪犯改造目标具有理想性，现实具有复杂性，改造目标的定位影响着对罪犯改造质量的评价，研究罪犯教育目具有重要的理论和现实意义。     

The Effect of Statewide Residency Restrictions on Sex Offender Post-Release Housing Mobility

Securing stable housing may be difficult for returning offenders in general, and these concerns may be exacerbated for sex offenders. In addition to the barriers faced by other returning offenders, sex offenders face intense stigma and once released to the community, they are also subject to additional legal restrictions. The current study explores the effect of statewide residency restriction policies on housing mobility using a unique sample of male sex offenders released in a Midwestern state. The research is based on a quasi-experimental cohort control group design and it describes the frequency and correlation of movement for pre- and post-statewide residency restriction legislation samples. Sex offenders released after the implementation of residency restrictions moved more often and had relatively high degrees of housing mobility compared to offenders released prior to the legislation. The results have important implications for reentry programming and post-release services for sex offenders.     

Editorial

Although a growing body of research has investigated gendered pathways to crime, this study is the first to investigate whether varying levels of family support may constitute a gendered pathway to recidivism. Logistic regression analyses were used to determine the effects of emotional and instrumental support on self-reported reoffending in the 3-, 3- to 9-, and 9- to 15-month postrelease periods. Interaction terms revealed that higher levels of emotional support significantly reduced recidivism for both genders but had a greater effect for females. Whereas higher levels of instrumental support reduced recidivism for females, higher levels increased the likelihood of recidivism for males in some time periods. Implications for correctional policy and practice are discussed.     

罪犯不良改造情绪产生的主要因素及预防方式探析

人的情绪变化是人内在和外在因素综合作用的结果。罪犯不良改造情绪的产生是内外因素作用引起的。“服刑时间、时令变化、人际关系、重大变故”等因素是导致罪犯不良改造情绪产生的突出的共性因素，掌握这些因素，提前做好针对性地预防，将罪犯不良改造情绪扼杀在萌芽状态，是提高改造质量、防范狱内突发事件、打造平安监狱的重要举措。     

Review of point-of-reception mental health screening outcomes in an Australian Prison

The point-of-reception into prison is a critical juncture as it provides early opportunities to identify mental illness and initiate treatment. Although large numbers of mentally ill prisoners are received into prison each day, research investigating mental health screening outcomes at the point-of-reception is limited. This study aimed to address this gap by examining reception screening outcomes for all prisoners received into an Australian prison during 2009 (n?=?4229). Overall, 19% of all prisoners were mentally ill, and another 20% had a history of psychiatric illness that required ongoing care. Mentally ill prisoners had a higher risk of suicide or self-harm and required more observation than other prisoners. At reception, no mentally ill prisoners were transferred to the state’s forensic hospital and few were transferred to the prison’s mental health unit, or provided support service referrals. These findings highlight that outcomes made at the point-of-reception are heavily influenced by the availability of prison mental health resources.     

“These Are Kids’ Lives!”: Dilemmas and Adaptations of Juvenile Aftercare Workers

Despite a growing literature on best practices, the details of how aftercare workers help young people transition into the community after incarceration remain unexplored. This ethnographic study examines the daily practices of direct care workers within a large juvenile aftercare organization, focusing on the dilemmas that they face as street level bureaucrats. Although aftercare workers face tremendous organizational constraints, they do not always exhibit the bureaucratic responses that some scholars describe. Using care work and public administration theory as a lens, we explore how juvenile aftercare workers draw upon intrinsic motivation to provide meaningful services for returning youth.     

越狱犯潜逃心理分析及推测研究

越狱犯罪的主体是在押的罪犯,由于受到人身自由的限制,受到家庭等其他社会关系的影响,或者因为自身性格特点等原因,一些罪犯不认罪伏法,或无法适应监狱生活等,从而产生逃离监狱的心理。罪犯脱逃既然是一种行为表现,必然受其特定的心理活动支配。因此,根据脱逃犯的个性特点、经验、社会关系等,对其进行心理分析,推测其逃跑的心理路线,准确地对其行为动向予以分析判断,成为追捕逃犯的关键。