激情犯的基础理论与立法问题研究

虽然尚未进入中国的刑事立法与司法解释,但对于社会公众而言,激情犯早已不是陌生的话语.以激情犯为由要求对具体案件中的被告人从宽处罚的情形在司法实践中也屡见不鲜.但是激情犯所实施的都是严重侵害他人生命权或健康权的犯罪,欲将之用作对被告人从宽处罚的情节,必须遵循罪刑法定原则,通过立法对之进行严格的限定,否则结果可能会适得其反.首先参考国外刑事立法,介绍了激情犯的概念、特征、构成要件及处罚原则.此后,从情节适用的确定性与刑罚裁量的统一性两方面论述了对激情犯进行立法必要性,并立足于理论现行立法剖析了立法的可行性.最后,就激情犯的立法模式、认定标准、激情诱因及处罚原则等问题进行了探讨,并提出了具体的立法建议.     

重型犯常见的心理问题及应对策略

重型犯是指犯罪性质恶劣、情节严重以及社会危害性很大的罪犯。用症状自评量表(SCL—90)对重型犯进行了测查,发现入监初期与入监中期服刑人员相比,入监中期服刑人员在躯体化、忧郁、偏执三项因子分方面明显高于入监初期犯人,表明服刑时间较长的罪犯存在更多的心理问题。因此,综合运用各种改造手段对罪犯进行心理和行为矫正,广泛开展心理健康教育,就可以极大地提高我国特殊预防的水平。     

Juvenile and Family Court Judges’ Knowledge and Attitudes About Sex Trafficking of Minors: Associations with Gender,Race, and U.S. Region

Juvenile and family court judges are a professional group that have a significant amount of decision-making power in cases of sex trafficking of minors. The purpose of this project is to examine the association of juvenile and family court judges’ gender, race, and U.S. region with their attitudes and knowledge about sex trafficking of minors. Drawing from a survey of 55 juvenile and family court judges in the U.S., this study used standardized scales to measure attitudes and knowledge about child sex trafficking. Results indicate some differences by gender and geography in a sample of experienced judges across the U.S. The consistency of these findings are discussed in the context of other research and implications for targeted training.     

An analysis of self-reported suicide attempts and ideation in a national sample of incarcerated individuals convicted of sexual crimes

ABSTRACT

Suicide is the leading cause of preventable death in US jails and prisons, with rates three to nine times higher than those of the general population. Although suicide in correctional settings has been recognised as a serious problem, the research on suicide among incarcerated individuals remains limited. Individuals who have committed sexual offenses may be at an elevated risk for suicide. Specifically, they have been found to report high rates of hopelessness and depressive mood, and approximately 14% of individuals convicted of sexual offenses have reported a suicide attempt at some point in their lives. Most of these data are based upon official reports and may represent an underreporting of the true prevalence of the problem. The current study provides an analysis of the prevalence and factors associated with self-reported suicidal thoughts and behaviours in a large national sample of individuals convicted of a sexually based crime. Overall, 17.9% of the offenders reported an attempted suicide in their lifetime, 15.1% reported experiencing suicidal ideation but never made an attempt. Risk factors for suicide attempts and ideation for this population are reported. The findings are discussed in the context of suicide prevention and intervention efforts among those who have committed sex offenses.     

“Excuse Me,But Are You Raping Me Now?” Discourse and Experience in (the Grey Areas of) Sexual Violence

In feminist research on sexual violence and victimization, the relationship between discourse and experience has often been at the forefront of intense debates. Poststructuralist scholars have emphasized that the discourses used to name sexual violence may in fact perpetuate the very problem they set out to describe, by freezing women into powerless positions of rapability. Others have likened this sort of argument to anti-feminist trivialization of the pervasively gendered experiential reality to which such discourses refer, highlighting that women’s victimization is not a discursive problem. In this article, I seek to carve out a path that cuts through such polarization by exploring the multifaceted dialectical relationship between, on one hand, gendered discourses on sex and sexual violence and, on the other, people’s reported experiences of these phenomena and, in particular, of the “grey area” between sex and sexual violence. I do this by analysing autobiographical stories from the influential Swedish campaign #prataomdet (#talkaboutit), which emphasized the need for a new language that can do justice to people’s experiences of sexual violence and the grey area between sex and sexual violence.     

Does it pay to break male gender stereotypes in advertising? A comparison of advertisement effectiveness between the United Kingdom,Poland and South Africa

Advertisers shy away from using non-traditional (vs. traditional) male gender portrayals even though theory suggests they may be more effective cross-nationally. Two main hypotheses were tested cross-nationally for the first time. H1: ‘paternalistic’ male stereotypes (e.g. Househusband) would be more effective than ‘envious’ male stereotypes (e.g. Businessman) across countries confirming the stereotype content model (SCM). H2: the match between initial male gender role attitudes and advertisement type would increase advertisement effectiveness only in countries with relatively low egalitarian norms (i.e. Poland and South Africa). A cross-national study was conducted through the use of student samples following a 3(country: United Kingdom, Poland and South Africa) × 2(advertisement type) × (gender attitude) mixed design (N = 373). A three-way multivariate analysis of variance showed support for H1 and partial support for H2 (i.e. the second hypothesis held on purchase intent and for South Africa). The study provides evidence for the cross-national applicability of the SCM to advertising and the limited predictive value of gender attitudes for purchase intent depending on country. Thus, contrary to mainstream advertising practices, breaking male gender stereotypes does appear to pay cross-nationally. Theoretical and practical implications alongside the potential for change in practices are discussed.     

Patterns and Correlates of Offender Versatility and Specialization Across a 23-Year Span for At-Risk Young Men

The authors examined patterns and correlates of offender specialization versus versatility, or more random offenses, among 206 at-risk men. Both official records and self-report data of offending from late childhood to ages 31–32 years old were used. Aggregate- and individual-level analyses indicated that the predominant offender pattern for this sample was versatility. Three correlates of offender versatility were examined (offense frequency, early onset, gang association). Aggregate-level findings consistently revealed offense frequency as a robust correlate of offender versatility, whereas individual-level findings differed among the three measures of offender versatility. The congruence of these findings with predictions from Patterson’s (1982) coercion model is discussed.     

为什么不能将性贿赂犯罪化?

近年来有不少学者和人大代表仅从性贿赂的危害性角度提议性贿赂入罪,是对刑事立法规律的不理解所导致的。性贿赂立法在国际反腐败公约中没有要求,在国外立法中没有先例,在我国不能将性贿赂入罪,因为将性贿赂入罪会因为认定上的困难而导致司法上的混乱。不将性贿赂犯罪化,但可以通过其他方式监督性贿赂、防止官员腐败。     

论我国历史上对性交易的法律管制

我国法律对性交易的打击虽非常严厉,但性交易却屡禁不止,并愈演愈烈.可见,我国现行的严禁主义存在问题.纵观我国历史大多数时期,性交易是合法的,并且性交易合法时期往往是社会环境比较宽松的时期,也往往是历史上的“盛世”之时.而性交易非法时期也往往是法律环境比较苛刻、社会控制比较严厉的时期.这样的时期里对性交易的管制往往就是严刑峻法,通过这样的管制也往往造成统治者不愿意看到的结果,并且最终都会放开对性交易的管制.     

权色交易中党政干部的心理剖析及预防对策

近年来,权色交易现象屡见不鲜,这种丑恶现象对政治经济社会发展造成了非常恶劣的影响。本文从认知、情绪情感、意志及个性特征方面对权色交易中的党政干部进行心理剖析,并针对这些方面提出有效预防权色交易现象的对策。应该关注党政干部主观世界的改造,完善立法加大惩罚力度,完善监督机制,并结合党政机关、家庭、党政干部共同努力,促其形成不敢不能不愿不忍进行权色交易的心理,从而有效遏制权色交易行为的发生。