关于增设消除犯罪记录型缓刑之立法建议的置疑

伴随着对前科消灭制度关注度的日益升高,在刑法领域内盲目套用前科消灭理论的不正确做法逐渐增多,关于增设＂消除犯罪记录型缓刑＂的观点就是表现之一。此种学说的关键理论依据在于：缓刑考验期满后,保留犯罪记录会对缓刑犯产生标签效应,不利于其社会复归。对于此种学说的规模化出现应当加以系统的反思和批判,清晰地区分国内外刑事立法体系的差异,确立正确的缓刑观,坚持用审慎的眼光去分析缓刑制度与前科消灭理论的相互界限和各自相互独立的立法初衷,防止类似不正确观点的进一步扩大化。     

National Council of Juvenile and Family Court Judges Passes a Set of Practice Reform Resolutions

The National Council of Juvenile and Family Court Judges (NCJFCJ) recently passed resolutions and policy statements on how to improve the lives of youth and families involved with juvenile or family courts. These resolutions address the needs of homeless youth and their families, juvenile probation and adolescent development, and the need for independent oversight of youth confinement facilities.     

The utility of the Strengths and Difficulties Questionnaire as a screening measure among children and adolescents who light fires

Background: This pilot study examined the utility of the Strengths and Difficulties Questionnaire (SDQ) as a standardised screening tool for behavioural and psychosocial problems by fire service-based programmes to identify at-risk young firesetters who are in need of further comprehensive multiagency intervention. Method: SDQ scores were obtained from 57 children and adolescents, aged 6–17 years, who were referred to the Fire Awareness and Intervention Programme in New Zealand for firesetting behaviour. Scores from firesetters aged 13–17 years were compared to those of typically developing New Zealand secondary school students. Results: Overall, young firesetters were at a high risk of clinically significant conduct and hyperactivity/inattention difficulties, and at low risk of clinically significant emotional problems. Cronbach’s alphas for most SDQ subscales were acceptable. Conclusions: We recommend that the SDQ be considered by fire service-operated interventions for use as an additional assessment tool for the young firesetting population.

Key Practitioner Messages ? Due to its financial and emotional cost, deliberate firesetting by children and adolescents is a significant concern for communities.

? There appears to be significant comorbidity between firesetting and serious antisocial behaviour, and many young firesetters engage in ongoing general offending behaviour.

? Intervention for child and adolescent firesetters is predominantly provided by fire services and typically involves fire safety education.

? Given the co-morbid behavioural and psychosocial problems present among young firesetters, there is a need for fire service education programmes to use a standardised assessment tool that screens for wider behavioural and psychosocial difficulties to assist in the identification and referral of high-risk young people to appropriate services for further intervention.

? The SDQ, a free, short and well-validated measure, could be adopted by fire service-operated education programmes to help detect and inform the referral of young firesetters who need more comprehensive multiagency intervention.

     

AGE AND ITS RELATION TO CRIME IN TAIWAN AND THE UNITED STATES: INVARIANT,OR DOES CULTURAL CONTEXT MATTER?*

Current empirical and theoretical understanding of the relation between age and crime is based almost entirely on data from the United States and a few prototypical Western societies for which age‐specific crime information across offense types is available. By using Western databases, Hirschi and Gottfredson (1983) projected that the age distribution of crime is always and everywhere robustly right‐skewed (i.e., sharp adolescent peak)—a thesis that is both contested and widely accepted in criminology and social science writings. In the study described here, we tested this age–crime invariance thesis by comparing age–crime patterns in Taiwan (a non‐Western Chinese society) with those in the United States. In light of Taiwan's collectivist culture versus the U.S. individualist gestalt, we anticipated more divergence than homogeneity in their age–crime schedules. Our findings show robust divergence in Taiwan's age–crime patterns compared with U.S. patterns and the reverted J‐shaped norm projected by Hirschi and Gottfredson. Implications for research and theory on the age–crime relation and for studying human development or life‐course topics more broadly are discussed.     

犯罪青少年的心理特征及其预防策略

青少年犯罪是当今社会关注的热点问题.青少年处于独特的身心发展阶段,容易受到外部不良环境因素的影响,这使他们成为犯罪的高发群体.深入分析犯罪青少年在认知、情绪情感、意志、动机和行为等方面的心理特征,有助于深入了解青少年犯罪高发的心理动因.在此基础上,通过推动青少年心理健康教育,建立和谐的亲子关系及重视学校对青少年的人格教...     

知识产权犯罪中既未遂形态的认定——以销售假冒注册商标的商品罪为例

销售假冒注册商标的商品罪是侵犯知识产权犯罪中最常见的一类,由于犯罪构成的特点,导致对其犯罪成立及停止形态的认定存在着争议。把握好数额要件在本罪中的法律地位及评价作用,才能准确地定罪量刑．体现罪刑的平衡。     

Teens and Spice: A Review of Adolescent Fatalities Associated with Synthetic Cannabinoid Use

Synthetic cannabinoids (SCs) are commonly abused by adolescents with reported past year (2013) use in high school students between 3 and 10%. Standard adolescent postmortem toxicology does not include routine SC analysis, and thus, the true burden of fatalities related to SCs is unknown. A retrospective case review of two cases included scene investigation, interviews, autopsy, and toxicology. SCs were confirmed by liquid chromatography–tandem mass spectrometry (LC?MS/MS). Review of the eight adolescent SC‐associated fatalities in the literature revealed five of eight cases had no other discernible cause of death on autopsy. Compounds detected included PB‐22 (1.1 ng/mL), JWH‐210 (12 ng/mL), XLR‐11 (1.3 ng/mL), JWH‐122, AB‐CHMINACA (8.2 ng/mL), UR‐144 (12.3 ng/mL), and JWH‐022 (3 ng/mL). With synthetic drug use on the rise, forensic experts should have a high index of suspicion for the possibility of SC intoxication in adolescent fatalities with no other discernible cause of death.     

北京地区人群血清型α2HS频率调查与血痕中α2HS的检测

本文采用聚丙烯酰胺凝胶等电聚焦和免疫固定技术,调查北京地区随机人群的α2HS糖蛋白(α2HS)的频率分布。在185名无亲缘关系的健康人中,发现3种常见表型,即α2HS1-1型(99人)、2-1型(74人)、2-2型12人。未发现稀有型。基因频率为:α2HS~1=0.7351,α2HS~2=0.6490。室温中保存6个月的血痕,可检出其α2HS表型。     

Understanding the Authoritative Parenting–Early Adolescent Tobacco Use Link: The Mediating Role of Peer Tobacco Use

Eighth-grade students (N = 156) completed questionnaires in which they reported on their perceptions of parents' warmth, structure, and psychological autonomy granting (used to create an index of authoritative parenting) and their own levels of tobacco use. Adolescents were also asked to list the names of other students at their school with whom they spent time (friends). Independent reports obtained from these friends were used to form an index of the mean level of tobacco use among each adolescent's friends. Higher levels of authoritative parenting were associated with lower levels of tobacco use among target adolescents. The association between parental authoritativeness and adolescent tobacco use was mediated by levels of tobacco use among peers. An amplification effect was observed in which adolescents were particularly unlikely to use tobacco products when they both received authoritative parenting at home and were members of non-tobacco-using peer groups.     

Time and Punishment: Delayed Consequences and Criminal Behavior

This article develops two distinct explanations for the failure of potential consequences to influence behavior. Discounting is the tendency to deliberatively devalue the future. In contrast, poor impulse control refers to the failure to consider the future. The implications of this distinction were investigated with data from the National Longitudinal Survey of Adolescent Health. The study produced several findings. First, both forms of present-orientation independently predicted a range of problem outcomes among respondents. Second, high discounting was a better predictor of deliberative or future-related problem outcomes, whereas poor impulse control was a better predictor of urge driven behaviors or conduct involving little forethought. Third, only poor impulse control but not high discounting predicted violent offending among respondents. While both forms of present-orientation were associated with property offending, high discounting was a stronger and more consistent predictor. These three findings were far more evident for males than they were for females.