论英美刑法中胁迫的理论基础——兼论对我国胁从犯规定的借鉴意义

胁迫是英美法系刑法中的一个概念,具体是指行为人在受到他人死亡或者严重的身体伤害威胁的情况下被迫实施一定的犯罪行为。胁迫作为一种公认的普通法辩护事由,有其科学合理之处。分析了英美刑法中胁迫的成立条件及其存在的理论根基,并分析了其对我国刑法中胁从犯规定的借鉴意义。     

从融合到分立:儿童网络色情信息犯罪的刑事规制

儿童网络色情信息犯罪侵害的法益是"直接层法益"与"间接层法益"双重法益。"直接层法益"为儿童的身心健康权利与以"免受性剥削和性虐待"为核心的被动性的性权利,"直接层法益"为个人法益;"间接层法益"为性道德等社会法益。而成年人网络色情信息犯罪侵害的主要是基于"性的隐秘性"善良性风尚和性道德的社会法益。法益具有立法检视功能和区分功能,客观上需要将儿童网络色情犯罪与成年人网络色情犯罪分离,进而设置独立的刑事规范,并对儿童网络色情信息范围、犯罪行为类型及网络服务提供商的责任重新进行建构。     

Separation of sperm and epithelial cells based on fluorescence-activated cell sorting

The detection and separation of spermatozoa is crucial in the forensic investigation of alleged sexual assault cases. Differential lysis and microscopy-based techniques are conventional methods for the isolation of spermatozoa, though are time-consuming and frequently fail with samples containing an unfavourable sperm/epithelial cell ratio. Successful separation by means of fluorescence-activated cell sorting (FACS) has previously been reported, yet little efforts have been dedicated towards the further improvement or routine implementation of this technique. With this ongoing research, a methodology is being developed to sort sperm from epithelial cells by combining the Sperm Hy-Liter™ staining kit and FACS. Sorted sperm cells are then subjected to a direct lysis and low volume PCR (LV-PCR) protocol. Preliminary results demonstrate the successful separation of both cell types at a sperm/epithelial cell ratio of up to 1:500. The direct lysis and LV-PCR protocol allows to produce full haploid profiles from single sperm cells and mostly full diploid profiles from 10 spermatozoa. These data suggest that the proposed methods are potentially viable for forensic casework, yet additional testing is required for validation purposes.     

Psychological factors influencing religious congregation members’ reporting of alleged sexual abuse

ABSTRACT

The sexual abuse of children within religious institutions has become a topic of increasing public concern in recent decades. However, to date there has been little in the way of psychological analyses of the processes by which congregation members judge the credibility of alleged abuses, or whether they would intend to report such allegations to the police. In this study, we examined the roles of ingroup identity, moral foundations, and social dominance orientation on reporting intentions and allegation credibility assessments among Church of England congregation members (n?=?454) and non-religious controls (n?=?457). While there were few predictors of reporting intentions, we found that churchgoers were consistently more sceptical of allegations of abuse, with these trends being differentially moderated by ingroup identification, the endorsement of various moral impulses, and anti-egalitarianism. We discuss our data in light of ongoing attempts to improve reporting procedures within the Church.     

Reunification in Intrafamilial Child Abuse Cases: A Model for Intervention

In response to a growing number of requests to help reunify parents and children separated by allegations of child abuse, we developed a model for intervention informed by clinical experience, feedback from clients and professionals, and insights from a growing body of interdisciplinary literature. This article presents a retrospective analysis of 29 intrafamilial cases describing the intervention, outcomes, and problems presented by these challenging situations. The safety and protection of the child was the paramount consideration in determining success, whether or not reunification was achieved. Using informal follow‐up data, 24 of the 29 cases were categorized as successful, 21 resulted in full or partial reunification, and 3 cases resulted in the voluntary or court‐ordered withdrawal of an accused father believed to pose a risk to the child. In 5 cases, the nonaccused parent thwarted efforts at reunification, and the case returned to the court of relevant jurisdiction.     

婚前性行为和同居观念的现状及影响因素:现代性解释框架的经验验证

本文在现代性解释框架下对我国婚前性和同居的社会态度进行了实证研究。分析数据来源于2007—2008年在上海和兰州两地进行的抽样调查(N=2200)。研究结果发现,成长于改革开放前后的人群对婚前性和同居的态度的确具有显著差异,但与西方相比仍相当保守。在影响因素方面,除了现代理性、后物质主义和个体主义价值观念的增长之外,社区文化和国家制度变迁对我国性态度变迁的影响效应不容忽视。     

If i Go There Will Be Trouble,If i Stay There Will Be Double: Revenge Porn,Domestic Violence,and Family Offenses

New York State's current lack of legislation criminalizing the threat of revenge porn allows repetitive, invasive, and embarrassing attacks on the morality and sexuality of victims. This can have a severe impact on survivors of domestic violence who are prevented from leaving dangerous situations by threats of dissemination. Victims of revenge porn and domestic violence often face isolation, threats of violence, and thoughts of suicide. This Note proposes that threats of revenge porn become family offenses under the New York Family Court Act § 812.     

How many DNA analyses are performed on adult sexual assault victims in Milan (Italy): A ten-year review

The aim of this study is to evaluate the actual use of serological/DNA analyses in the investigations carried out on adult sexual violence victims in Italy during the years 2006–2015.The victims were assisted in the largest Italian rape center, in Milan (Soccorso Violenza Sessuale e Domestica – SVSeD - Service for Sexual and Domestic Violence).The total number of sexual violence victims examined during the years 2006–2015 (adults and minors) was 3521, in 1697 of cases, biological evidence had been collected, while the number of adult victims (>18 y.o.) examined was 2300, in 1211 of cases biological evidence had been collected.Biological evidence was collected from the victims’ bodies using two swabs in five anogenital areas (labia maiora, labia minora, perineum, perianal and anal/rectum regions) and two swabs in all other skin areas suggested by the victims as areas of possible contact (double swab technique). Clothes were also collected on a case by case basis for the search of biological stains. Despite the proper collection, handling and chain of custody for all the swabs/items collected, serological/DNA analyses were requested in 86 cases out of 1211 only (710%). This percentage dropped to 190% when considering adolescent victims (13–19 y.o.).The reason why Italian Magistrates make little use of the powerful tool of DNA analyses in sexual assault cases, still remains unclear. Legal and procedural aspects are therefore also discussed.     

From offender to situation: the 'cold' approach to sexual violence prevention?

Many commentators have pointed to the monstrous nature of sexual violence, with its related sense of pollution and disgust. In response, post-release regulation has a ‘hot’ quality: in the USA, sexually violent predator statutes, residency requirements, GPS satellite monitoring, and variations on the theme of community notification all speak of the expressiveness of the response. ‘Hot’ signifies and has embedded within it an ‘individualist’ rather than ‘structural’ account of action, emphasises a dramaturgical reading of the social world, and privileges the political rather than the problem-solving sphere. What has been far less explored, until recently, is research and prevention policy related specifically to the sexual violence itself, or the situation in which the offense occurs. By contrast to the ‘hot’ response, elision from offender to situation appears to betoken a ‘cold’ quality. This paper analyses the conceptual and empirical underpinnings of such a ‘cold’ situational approach, evaluates existing studies across settings, and assesses the implications of this problem-solving process for prevention policy and practice. It concludes by embedding the analysis within a broader precautionary politics of ‘hot’ and ‘cold’ control.     

Why community compulsion became the solution - Reforming mental health law in Sweden

The aim of this article is to understand how compulsory community care (CCC) has become a solution in mental health policy in so many different legal and social contexts during the last 20 years. The recent introduction of CCC in Sweden is used as a case in point, which is then contrasted against the processes in Norway, England/Wales and New York State.In Sweden, the issue of CCC was initiated following high-profile acts of violence. Contrary to several other states, there was agreement about the (lack of) evidence about its effectiveness. Rather than focusing on dangerousness, the government proposal about CCC was framed within an ideology of integrating the disabled. The new legislation allowed for a broad range of measures to control patients at the same time as it was presented as a means to protect positive rights for patients. Compared to previous legislation in Sweden, the scope of social control has remained largely the same, although the rationale has changed — from medical treatment via community treatment and rehabilitation, to reducing the risk of violence, and then shifting back to rehabilitation in the community.The Swedish approach to CCC is similar to Norway, while New York and England/Wales have followed different routes. Differences in ideology, social control and rights orientations can be understood with reference to the general welfare and care regimes that characterize the four states.