我国违法少年的处遇方式及其反思

我国法律对于违法少年的处遇主要包括工读教育、治安处罚、收容教养、劳动教养、收容教育、强制戒毒等方式,从现状来看,这些制度体现出执行主体的行政性、程序的不正当性、目的的惩罚性、依据的违法、违宪性等特点,与当今少年司法的理念背道而驰。改革违法少年的处遇方式,将其纳入少年司法的范畴,成为今后我国完善少年法的重大课题之一。     

A preliminary study on findings of psychopathy and affective disorders in adult sex offenders

The construct of psychopathy has often been considered mutually exclusive to the presence of genuine depressive or anxiety symptomotology. This article addresses the hypothesized reasons for this dichotomous relationship. In this study, 68 civilly committed adult male sex offenders were evaluated using a variety of psychological measures to determine if psychopathic individuals in this group would demonstrate clinically significant affective symptoms. Results indicate that the men in this sample endorsed high rates of psychopathy on the PCL-R, with 42% of these expressing concurrent symptoms of depression and 26% manifesting symptoms of an anxiety disorder. Relationships between affective symptoms and PCL-R factor scores and qualitative differences between these constructs in child molesters and rapists are also discussed.     

Priming Unconscious Racial Stereotypes About Adolescent Offenders

Two studies examined unconscious racial stereotypes of decision makers in the juvenile justice system. Police officers (Experiment 1) and juvenile probation officers (Experiment 2) were subliminally exposed to words related to the category Black or to words neutral with respect to race. In a presumably unrelated task, officers read 2 vignettes about a hypothetical adolescent who allegedly committed either a property crime (shoplifting from a convenience store) or an interpersonal crime (assaulting a peer). The race of the offender was left unstated and the scenarios were ambiguous about the causes of the crime. Respondents rated the hypothetical offender on a number of traits (e.g., hostility and immaturity) and made judgments about culpability, expected recidivism, and deserved punishment. They also completed a self-report measure of conscious attitudes about race. As hypothesized, officers in the racial prime condition reported more negative trait ratings, greater culpability, and expected recidivism, and they endorsed harsher punishment than did officers in the neutral condition. The effects of the racial primes were not moderated by consciously held attitudes about African Americans. The implications of the findings for racial disparity in the juvenile justice system and for changing unconscious stereotypes were discussed.     

Examining Factors Co-Existing with Interpersonal Violence in Lesbian Relationships

Interpersonal violence within lesbian relationships is a significant yet understudied problem. Women attending a gay pride festival in Atlanta, GA, were asked to complete a survey concerning same-sex interpersonal violence. Women who reported being in a current or previous same-sex partner relationship were included in the analyses (N = 226). Factors that occurred in the context of interpersonal violence were investigated: substance use, HIV/STI risk behaviors, barriers to reporting abuse, and attitudes inhibiting seeking of social support. In addition, the survey assessed relationship-related power dynamics. Results of multivariate analyses support the hypotheses that power imbalance and inequality when making sex-related decisions within women’s same-sex relationships are associated with interpersonal violence. Further findings suggested that a combination of factors must be considered when dealing with and reducing the risk for violence in same-sex relationships.     

Technical note: Comparison of forensic swabs for intravaginal sampling

This study compared the currently used swab Prionics ForensiX Evidence Collection Kit with the alternatives Prionics ForensiX Evidence Collection Tube SafeDry and Sarstedt Forensic Swab XL. Volunteers provided intravaginal swabs collected with all swab types at specific time points after unprotected sexual intercourse. Quantifiable DNA, detectability of seminal fluid component (prostate specific antigen, PSA) and spermatozoa were evaluated to find the best-performing swab type.While Sarstedt XL showed significantly higher DNA quantities for sperm cell fractions than ForensiX Kit, the more concise PSA test results clearly favour ForensiX SafeDry. Reassuringly, mostly complete autosomal STR profiles of male components were obtained for sperm cell fractions at all time points and tested swabs. Switching to the higher performing ForensiX SafeDry with improved sampling and processing properties will also benefit victims, medical personnel, and investigators.     

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。     

未成年犯社区矫正分析

社区矫正在预防和控制未成年人犯罪方面具有十分重要的地位和作用,符合未成年犯的心理特征,有利于克服监禁刑的弊端,有利于和发达国家的刑罚模式接轨。我国社会主义的刑事政策、社会主义的法律体系以及日趋完善的社区和健全的司法行政体系资源为未成年犯罪人适用社区矫正提供了现实可能性。针对我国未成年犯社区矫正工作中存在的问题,笔者认为,更新行刑观念、对社区矫正进行科学定位、建立专门的社区矫正机构、配备专业的矫正人员、建立适合未成年人特点的社区矫正项目以及建立未成年犯社区矫正制度的评估体系是对未成年犯社区矫正制度完善的重要举措。     

After Waterhouse: vicarious liability and the tort of institutional abuse

As evidence of the extent of the abuse of children in residential care increases, our understanding of this terrible wrong has altered. These assaults are an institutional syndrome, at the same time that they are individual crimes; certain systems of institutional care are conducive to/foster abuse behaviour (acting as 'crucibles' rather than 'honeypots'for rogue paedophiles). A theory of vicarious (institutional) liability is appropriate if we understand a syndrome of institutional abuse in this way, as involving institutional responsibility in addition to individual fault. The recent decision of the Canadian Supreme Court in Bazley v Curry found a children's home vicariously liable for sexual assaults of an employee on the basis of responsibility through the creation of risk, an analysis of and apportionment of liability which is appropriate to the special syndrome of institutional abuse, while encouraging deterrence and providing fair and practical compensation to victims. This analysis/liability is supported by an economic analysis of institutional child abuse and decision making in child protection.     

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.