Battered Women and the Criminal Justice System: The Service Providers' Perspective

This article reports on a study of the service providers' perspective on what battered women face when entering the criminal justice system. Victim non-co-operation with the system can manifest itself in various ways and at several points in the process. The article begins with a review of the available literature on the criminal justice system's responses to women battering. Then the experiences and perceptions of service providers in Ohio concerning these responses are described, and, consequently, the findings according to factors which may affect service providers responses are analyzed. The article concludes with an assessment of the policy implications of the system's response to women battering.     

Freedom from Fear of Stalking

The attention on stalking – willful and repetitive, sometimes dangerous harassment – and the ways in which legislation can address this issue is investigated. Since the attention on stalking is only a recent development a review is given of the international regulations as well as several opinions about the nature of stalking     

刑事被害人救助制度研究

随着国际间对于刑事被害人权利保护的持续关注和日益加强,建立刑事被害人救助制度乃大势所趋,目前国外已陆续建立了刑事被害人救助制度,因此我国亟需建立刑事被害人救助制度。首先阐述刑事被害人救助制度的法理基础,其次对国外刑事被害人救助制度进行比较法的介绍与评价,最后在对刑事被害人救助制度进行实证考察的基础上提出我国构建刑事被害人救助制度的立法建议。     

浅论刑事被害人的权利保障

刑事被害人没有上诉权、最后陈述权,刑事被害人委托诉讼代理人的权利没有得到充分保障;被害人诉讼代理人的阅卷权和对强制措施的异议权存在不完善之处。我们应通过修改法律,保障刑事被害人及其诉讼代理人的上述权利。在刑事诉讼过程中,应避免造成新的侵害,对程序被害人的重大损失应给予赔偿。在刑事附带民事诉讼过程中,应允许被害人提出精神损害赔偿,并保障被害人得到充足的赔偿;在被害人无法从犯罪人处得到充分赔偿时,则应通过国家补偿制度防止被害人及其亲属因为犯罪行为而陷入生活的困顿。     

韩国新的犯罪被害人保护制度及其启示——以实质性保护犯罪被害人为视角

韩国近年来通过制定《犯罪被害人保护法》、《犯罪被害人保护基金法》以及修订的《刑事诉讼法》等法律,构建了内容较为完善的犯罪被害人保护制度。韩国改革犯罪被害人保护制度,是以保障实体性利益为中心而进行的。以介绍韩国新的犯罪被害人保护制度为媒介,对我国相关法律制度中存在的问题提出改善建议。     

What Distinguishes Single from Recurrent Sexual Victims? The Role of Lifestyle‐Routine Activities and First‐Incident Characteristics

An unsettling reality is that a substantial proportion of women who have been sexually victimized are recurrent victims who experience more than one sexual victimization while young adults. What is not well understood is why some women experience a single sexual victimization whereas others experience recurrent sexual victimizations. Using a sample of 4,399 college women from the National College Women Sexual Victimization study, we examine lifestyle‐routine activities and first‐incident characteristics that could place women at risk of being recurrent sexual victims during an academic year. Our results show that none of the lifestyle‐routine activities variables differentiated single and recurrent victims; the factors that predicted being a single victim are similarly predictive of being a recurrent victim. However, women who used self‐protective action during the first incident reduced their likelihood of being a recurrent victim. Implications for the development of sexual victimization risk‐reduction and prevention programs are also discussed.     

The Sexual Trafficking of Juveniles: A Theoretical Model

Research on the sexual trafficking of juveniles has increased. However, there has been no theoretical model developed incorporating variables into a systemic, interactive analysis of the issue. Utilizing Parsonian functionalism as its foundation, the authors developed such a model. The model is based on sociological, criminological, and psychological theories and concepts with a particular emphasis on the role of environmental design in trafficking. Unique to this study, the authors propose that a symbiotic relationship exists between the adolescent brain and trafficker as psychopath as contextualized in the Stockholm syndrome. We offer research and policy implications based on the model.     

认罪认罚从宽制度背景下被害人权益保护制度研究

当前认罪认罚从宽制度重点聚焦被追诉人的权益保护,而对被害人权益保护却重视不够,存在知情权保障有限、参与权保障不足、赔偿范围偏窄、缺乏值班律师援助等问题和不足,亟待加以完善解决。文章通过梳理认罪认罚从宽制度下的被害人权益保护现状,分析总结存在的问题,并有针对性地提出完善路径,以期对被害人权益保护研究有所裨益。     

Victims of Irish Republican Paramilitary Violence—The Case of “The Disappeared”

Throughout the history of Northern Ireland's (NI) “Troubles,” over 3,800 individuals were killed, with between 40,000 to 100,000 individuals injured, leaving many families and communities struggling with the aftermath. In recent times a particular category of victims and survivors has been politically active and thus featured prominently in the media: “The Disappeared.” This label has come to represent the victims of paramilitary groups whose remains were secretly disposed of. Through a long public and political battle the families of the Disappeared have achieved a measure of political success resulting in the establishment of the Independent Commission for the Location of Victims' Remains (ICLVR). Achieving political voice is not the only or perhaps the most significant difficulty encountered by these families. Their experiences in fact epitomise the complexity of the conflict and divisions in NI society and reflect the dominant issues of loyalty, identity, and importantly—silence. Throughout The Troubles, this silence and related notions of loyalty permeated all levels of society: at a community level which included the response of the church; at a statutory level including the response from social services and police; and, at a political level including local political processes but also departments within the British and Irish governments. This article examines the experiences of the families of the Disappeared through a multilevel analysis of their public campaign seeking the return of the remains of their family members. Using data collected from the families, members of the ICLVR, and support workers, the experience of the families of the Disappeared are analysed through accessing the social dynamics of silence (and loyalty), in-group affiliations, notions of sacrifice, and the attribution of blame; political successes both national and international will also serve to frame the analysis.