论我国未成年犯社区矫正的必要性及可行性

当前,我国未成年人犯罪数量快速增长,且再犯罪率很高,这表明传统的未成年犯矫正工作已不适应现在矫正工作的需要。对未成年犯进行社区矫正,是近年来世界各国刑罚执行制度的一个发展趋势。它彰显了人道主义和人文关怀精神,有利于对未成年犯的再社会化,能够有效地克服对未成年犯科以监禁刑罚所产生的弊端。从未成年犯社区矫正的基本概念入手,论述我国未成年犯适用社区矫正的必要性及可行性。     

Sex Differences in Age Patterns of Delinquent/Criminal Careers: Results from Poisson Latent Class Analyses of the Philadelphia Cohort Study

Applications of latent class analyses to the study of criminal careers have yielded results with implications for criminological theory. Distinct latent classes of individuals within various samples have been identified based upon the similarity of individuals with respect to their rate of offending across the teen and adult years, net of the effects of other regressors. In previous research on samples of males taken from the cities of London and Philadelphia, four and five such categories have been identified respectively, ranging from a group of nonoffenders to a group of chronic offenders. However, the question of whether similar findings hold for females has not been adequately addressed, in part due to the scarcity of longitudinal samples with sizable female populations. Data from the Second Philadelphia Cohort are used to address this and related questions. First, are there latent classes of female offenders? Second, if such categories do exist, how do they compare? Third, how do classes of male and female offenders compare on key measures of criminal careers? Analyses of the samples yield differing numbers of classes for males and females. Gender invariances as well as differences in patterns of offending are also found and are discussed.     

Victims Speak: Comparing Child Sexual Abusers' and Child Victims' Accounts, Perceptions, and Interpretations of Sexual Abuse

This article presents findings from a longitudinal study¹ that sought to evaluate a treatment program for child sexual abusers. A triangulated methodological approach was adopted drawing upon quantitative and qualitative methodological techniques. The focus here is upon one element of this research.² Ninety-one in-depth interviews were conducted over a four-year period with a small, nonrandom sample of twenty-one male offenders who had been convicted of sexual offenses against children. All of the men were subject to probation orders with a psychiatric condition (Criminal Justice Act, 1991). One of the aims of this element of the research was to explore the extent to which evidence of denial could be found in offenders' accounts of offense circumstance and also to explore the extent to which offenders minimized the nature and extent of abuse perpetrated. Offenders' accounts of offense circumstances were compared to victim statements, and stark differences emerge. These findings have considerable implications for treatment practice with sex offenders, where victims' perceptions could be used to directly confront offender denial and minimization.     

Intimate femicide in Israel; temporal, social, and motivational patterns

This study investigated all (76) cases of intimate femicide (the killing of women by their intimate male partners) in Israel during the years 1990–1995. The analysis focused on temporal patterns, the representation of various population groups, and given motives. The findings show a relationship between the incidence of intimate femicide and a number of major events/processes experienced by Israeli society during the period investigated. Following the Persian Gulf War (in 1991), during which families were enclosed for lengthy periods in sealed rooms, there was a sharp increase in intimate femicide. On the other hand, the enactment of the Law for the Prevention of Family Violence in 1991 was followed by a sharp (though temporary) decrease in intimate femicide in 1992. New immigrants from the former Soviet Union and even more so, from Ethiopia were over-represented among intimate femicide offenders. In most cases, more than one motive is given for the intimate femicide, with 'possessiveness' being mentioned in the majority of cases usually in conjunction with other motives (such as argument/conflict between the parties, mental, drinking or drug problems of the offender). Here too, differences were found between the various population groups. The findings are discussed within the framework of a stress-support theoretical model which postulates that violence in society will be positively related to stress factors and negatively related to support systems.     

论牵连犯的处罚

司法实践中 ,牵连犯的认定和处罚涉及犯罪停止形态的变化、追诉时效的中断、新旧刑法交替等因素 ,应立足于相关立法及现有理论成果予以完善。     

X染色体与性别鉴定

综述了X染色体的遗传学特性 ,采用细胞学、分子生物学方法等方法检测X染色体鉴定性别的原理、方法、利弊 ,并展望了X染色体应用前景和相关技术的发展。     

宽容刑事观下的我国未成年犯保护处分制度检视

对于未成年人犯罪和不良行为,我国并不正式地存在国外通行的保护处分制度,但具有类似的一些基本形式,包含在收容教养、劳动教养、收容教育、强制戒毒、工读学校、非刑处置和行政处罚等制度中。在当代惩罚向矫正发展的历史背景下,基于"刑罚后撤,保护处分前进"的平台,对我国未成年犯保护处分制度作一系统性整合基础上的规范化构建是相当有社会意义的,这种构建可从未成年犯保护处分的定性、类型、司法裁判机关及该制度和前科消灭的关系等方面加以展开,我国未成年犯保护处分需依赖于刑法宽容精神的倡导,惩罚在自我否定意义上成就了宽容刑事观的胜利。     

生存·本能·阿Q精神

阿Q是世界文学之林一个不朽的文学典型。从他诞生以来,不同国度、不同层次、不同时代的人们从未停止对他的争论。从他的精神胜利法、恋爱悲剧、革命三方面来分析他的生存困境,可看出“阿Q精神”是人类社会的一种带有普遍性的心理现象。再读《阿Q正传》时,我们面临的应该是灵魂的拷问。     

From “Whores” to “Victims”: The Rise and Status of Sex Trafficking Courts

ABSTRACT

Views of people involved in the commercial sex trade have shifted. Once seen as prostitutes or “whores,” they are increasingly perceived as exploited “victims.” The behavior associated with commercial sex has been redefined from voluntary and disreputable to coerced and deserving of rescue. This new framework is part of a broader anti-trafficking movement in society to recognize and save vulnerable individuals who are exploited for sex. In this context, the model of problem-solving or specialty courts has been extended to sex trafficking cases. The goal first is to identify trafficking victims–also known as “victim-defendants”–and then to address their risk factors with services. The current review examines the prevalence and the effectiveness of sex trafficking courts. Although some promising evaluations have been conducted, it remains unclear whether such courts are addressing the unique needs of victim-defendants. Investigating this question is essential, given that trafficking courts are likely to grow in popularity and in number.     

Finkelhor's precondition model of child sexual abuse: A critique

Abstract

This paper critically discusses an extremely influential multi-factorial theory of child molestation, Finkelhor's Precondition Model. This model was one of the first comprehensive theories of the sexual abuse of children and represents a significant achievement. It provides a clear framework for approaching the study of men who have sexually abused children and has lead to both clear treatment goals and clinical innovations. It has rarely, however, been systematically critically examined and the cogency of its core constructs evaluated. Our analysis suggests that alongside its strengths, Finkelhor's Precondition Model has some conceptual problems. It suffers from vagueness; contains overlapping constructs; and a rich array of vulnerability factors that require teasing out and clarification. The model's attempts to provide a taxonomy highlight the diversity inherent in child sexual abuse, but it has not yet provided a structure to adequately inform treatment.