附条件不起诉问题研究

本研究在已有文献的基础上,对附条件不起诉机制从理论上探讨附条件不起诉的可行性;在实践方面,检察干警越来越认识到将宽严相济的精神融入到司法实践之中的重要性和紧迫性,因此,对附条件不起诉机制进行研究,有着重要的现实意义,同时,建立基于SD的附条件不起诉适用模型也具备实际操作价值,为检察机关法律监督工作的有效开展提供借鉴意义。     

Sexually abusive behaviour in juveniles: Deviant and non-deviant pathways

Abstract

In this paper a theoretical framework is presented in an attempt to find an answer to the question of why some juveniles display sexually abusive behaviour and others do not. Until recently, this question has been approached mainly in terms of the presence of psychiatric illness, deviant sexual interests and/or impaired psychosocial development. Empirical research has as yet generally failed to demonstrate this approach to be adequate. It is estimated that only about 40% of juvenile sex offenders appear to show some kind of psychological or developmental deviance. The theoretical framework that is presented here approaches sexual abuse committed by juveniles in terms of normal developmental processes, next to deviant processes. It describes this behaviour, and its presence or absence, as a result of the interaction of biological, psychological and situational factors.     

Sexually abusive youths' moral reasoning on sex

Abstract

The Sociomoral Reflection Measure—Short Form Objective (SRM-SFO), with additional items related to sexual moral issues, was applied to an incarcerated sexually abusive juvenile population. Sexually abusive youths were expected to show a lower level of moral development related to sexual issues when compared to non-offending youths, but not for non-sexual issues. The sample consisted of 24 incarcerated sexually abusive male youths and 24 non-offending male youths. Results indicated that sexually abusive youths used more pre-conventional reasoning related to sexual issues when compared to controls. No differences were found in conventional reasoning on sexual issues and non-sexual issues. In addition, no differences were found in pre-conventional reasoning on non-sexual issues, thus partly confirming the main hypothesis. It was concluded that the original form of the SRM-SFO could not assess existing moral development delays in sexually abusive youths, but can with appropriate adjustments. Additionally, the results suggest that moral development is rather flexible in relation to moral value domains.     

A qualitative investigation of treatment components for families of youth who have sexually offended

ABSTRACT

Traditional treatment approaches for youth who commit sexual crimes are generally understudied and lack consideration for youths’ evolving context and development. A holistic model is important in service delivery, whereby multiple socio-ecological risk and protective factors are targeted in treatment. Family treatment, a key component of holistic practices, has not been well-defined for families of youth who have committed sexual crimes. Better understanding of the practical techniques used in service agencies can inform family services for youth. Using an inductive grounded theory approach, this qualitative study interviews service providers (N?=?19) to understand components of family treatment. Findings suggest components including problem solving, communication skills, and working through the pain meet certain goals of restructuring and uniting families. The therapeutic relationship was a component that meets all goals of family treatment and helps families and youth overcome stigma of sexual offending. Findings have implications for developing and testing models of family treatment for sexually abusive youth.     

Deliberate firesetting: hotspot schools as arenas and preventive actors

ABSTRACT

Firesetting is one of the crime acts most representative of youth crime, and schools are among the buildings most often targeted, causing significant social, material and economic damage. This study examines schools as arenas with particular exposure to deliberate firesetting and as actors interpreting and utilizing their organizational scope to prevent school fires. The focus on school organizations is unique and urgently needed in research on juvenile firesetting, given their pivotal but under-researched role in crime prevention. The study is based on an in-depth analysis of data (interviews, documents and official registry data) related to 20 fire-exposed lower secondary schools in two major Swedish cities. These schools mobilized a broad repertoire of social, situational and structural measures. Interviewed school personnel perceived and responded to firesetting in relation to the institutional school setting, group dynamics, individual characteristics and local context. The schools were generally located in socio-economically disadvantaged areas and faced comprehensive educational and social challenges. The firesetting problem – and paradoxically some well-intentioned preventive efforts – risk adding further dimensions to school segregation and inequality, potentially increasing stigmatization and marginalization.     

Bowden v. Caldor

Abstract

Using the facts of the Bowden v. Caldorlawsuit in which Bowden alleges the intentional infliction of emotional distress, defamation, false imprisonment, malicious prosecution, and wrongful discharge against his employer, this paper explores the mistreatment at the hands of private security officers and store personnel. This exploration is important because it discusses several issues such as: (1) the racially influenced misconduct of private security officers; (2) the damage awards often awarded to victims of private security misconduct; (3) the effect deceptive practices can have on false confessions, especially those of juveniles; and (4) the abuse of juveniles by private security officers. To curtail abusive practices, the authors recommend that store owners establish more stringent store policies pertaining to handling employees during theft investigations.     

我国少年警务制度构建初探

少年警务制度是国家对未成年人进行犯罪预防和违法犯罪处置正式机制的第一个环节,对于保护未成年人权益意义重大。目前,少年警务在运行过程中仍面临着专门机构缺失、警务理念滞后等问题,阻碍了少年警务由局部实践探索向整体制度构建的转型。随着我国未成年人保护和预防未成年人犯罪工作进入新的阶段,公安机关应当顺应少年司法改革的趋势,从推动专门立法、建设专门队伍、完善犯罪预防职能、落实罪错少年处遇分级四个方面构建我国的少年警务制度。     

The effects of an experimental intensive juvenile probation program on self-reported delinquency and drug use

In the late 1990s Ventura County, California, USA, implemented the South Oxnard Challenge Project (SOCP), designed to provide intensive, multi-agency services to youth on probation. SOCP built their program guided by Clear’s “corrections of place” model, which argued that community corrections could decrease offender risk by focusing on restorative principles rather than on coercion. SOCP was designed as a randomized experiment, comparing youths in the experimental group with those on routine probation. Researchers interviewed youths in both the experimental and control groups 1 year after random assignment. This article reports on self-reported crime and drug use, finding few significant differences across groups. Specifically, we find that SOCP youths were significantly more likely to indicate that they had committed a violent crime generally, although a majority of both groups indicated they had done so. We found that those in SOCP who robbed people also did so significantly more often than did the comparison group. In the control group, youths reported committing homicide significantly more often, but this was a rare event. Among those youths who reported taking part in gang or posse fights, those in the control group did so significantly more often. Finally, youths in the control group were significantly more likely to have used ecstasy on more days during the previous month than were those in the SOCP.