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。     

牵连犯牵连关系和处断原则的理论思辩

对牵连犯本质特征的界定 ,应从其内部特定的质去寻找 ,是正确界定牵连犯特征的逻辑思维的方法论 ;对牵连犯中的牵连关系 ,只有行为人实施数行为时在主观上具有牵连的意图 ,该数行为在法律规定犯罪构成上存在包容或交叉关系 ,才能认为数行为具有牵连关系 ;对牵连犯的处罚 ,应以其社会危害性为基础 ,坚持以择一重罪从重处罚为原则 ,以刑法和司法解释规定数罪并罚为例外的处断原则。     

婚内强制性性行为的文化解析及评价

对在婚姻存续期间发生的强制性性行为的评价,无论是学界还是实务界都存在诸多的争议。既有犯罪化与非犯罪化的思辨,也有截然相反的判例。而近乎通说的“婚内强奸”的称谓本身就是以承认该种强制性性行为犯罪化为前提,这种有罪推定的假定既不符合刑法的谦抑和罪刑法定原则,也使得对婚内强制性性行为的其他评价毫无意义。从客观主义立场出发,以文化的视角对该行为进行解析,进而对其进行道德、违法或犯罪评价,但排除强奸化的评价。     

A Comparison of Men and Women Arrested for Domestic Violence: Who Presents the Greater Threat?

Recent increases in the number of women arrested for domestic violence raise important questions about implementation of proarrest policies, equivalency of intimate partner aggression across genders, and management of female domestic violence offenders. This study compares demographic characteristics, criminal history variables, and the past domestic violence history of men (n = 5,578) and women (n = 1,126) arrested for domestic assault against a heterosexual intimate partner. Using victim reported information and data collected by local criminal justice agencies, we found that female arrestees were significantly less likely than males to have histories that warrant concern regarding the potential for future violence. Implications of these findings are discussed.     

SEX‐BASED DISPARITIES IN FELONY DISPOSITIONS BEFORE VERSUS AFTER SENTENCING REFORM IN OHIO*

Extending Koons‐Witt's (2002) study of whether sex‐based disparities in imprisonment likelihoods changed under sentencing guidelines in Minnesota, we examined similar models for Ohio with additional analyses of felony conviction likelihoods and sentence length for 5,472 felony defendants from twenty‐four trial courts. The main effects of a defendant's sex on imprisonment were significant during both periods (unlike the Minnesota findings), consistent with a chivalry perspective. Random coefficient models revealed that these effects were similar across the twenty‐four jurisdictions. Analyses also revealed significant postguideline reductions in sentence length disparities based on a woman's race and number of dependent children, yet increased disparities in imprisonment likelihoods postguidelines based on a woman's race and whether she was convicted on drug charges. These and other findings are discussed in the context of the Ohio legislature's implementation of a sentencing scheme that retains considerably more judicial discretion relative to Minnesota's template.     

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.     

骨骼个体识别系统的研究

骨骼个体识别系统的研究花锋，田雪梅，孙建军，沈旭昆ＳｔｕｄｙｏｆｔｈｅＣｏｍｐｕｔｅｒＳｙｓｔｅｍＢａｓｅｄｏｆｔｈｅＩｎｄｉｖｉｄｕａｌＩｄｅｎｔｉｆｉｃａｔｉｏｎｏｆＳｋｅｌｅｔｏｎ￥Ｈｕａｆｅｎｇ；Ｔｉａｎｘｖｅｍｅｉ；Ｓｕｎｊｉａｎｊｕｎ；（...     

Cross-national comparison of homicide: Age/sex-adjusted rates using the 1980 U.S. homicide experience as a standard

Cross-sectional studies of crime have typically relied on crude crime rates when making comparisons between countries. Crude rates control for population size but implicitly assume that all members of the population are equally at risk. Empirical studies have shown that, cross-nationally, risk varies by age and sex. Standardization of crime rates removes the confounding effects of variable age and sex population distributions. Since age/sex-specific crime rates are generally unavailable for many countries, the method of indirect standardization is the most desirable technique. Age/sex-adjusted homicide rates for 76 countries are presented, and two comparative measures are suggested. It is shown that while the United States has a higher homicide rate than all but 15 countries; in most cases, the magnitude of the difference, not controlling for age/sex differences, is overestimated. Crude rates underestimate differences between the United States and countries with higher rates of homicide.     

AN ANALYSIS OF PAROLE DECISION MAKING USING A SAMPLE OF SEX OFFENDERS: A FOCAL CONCERNS PERSPECTIVE*

We use data from pre‐sentence investigations and official parole board records to study the correlates of parole release among a sample of men incarcerated for sexual offenses. Cox proportional hazard models are used to estimate change in the likelihood of parole over time, and the focal concerns theory provides the theoretical framework for the analyses. The findings suggest a complex interplay of legal and extralegal factors in understanding parole release decisions. Parole officials weigh heavily offense seriousness, institutional misconduct, and parole readiness scores in making release decisions. In addition, study results reveal that victim and offender age is a salient factor in determining parole judgments. Overall, the current analysis provides a baseline for future research on parole decision making in general, and sexual offenders, in particular.     

扩增X—Y同源Amelogenin基因内含子在性别鉴定中的应用研究

本文用一对针对X－Y同源的Amelogenin基因第一内含子的引物，于同一试管中分别扩增出针对于x和Y染色体的特异性DNA片段：106bp及112bp的PCR产物，经聚丙烯酰胺凝胶电泳后用银染法观察扩增结果，取得了满意的效果．对50pgDNA模板室温放置16年的血痕及单根毛发、烟头等检材均可得到明确的性别鉴定结果．本实验证明该方法简便、灵敏、可靠、特别适用于腐败降解检材的法医学性别鉴定．