THE LABELING OF CONVICTED FELONS AND ITS CONSEQUENCES FOR RECIDIVISM*

Florida law allows judges to withhold adjudication of guilt for individuals who have been found guilty of a felony and are being sentenced to probation. Such individuals lose no civil rights and may lawfully assert they had not been convicted of a felony. Labeling theory would predict that the receipt of a felony label could increase the likelihood of recidivism. Reconviction data for 95,919 men and women who were either adjudicated or had adjudication withheld show that those formally labeled are significantly more likely to recidivate in 2 years than those who are not. Labeling effects are stronger for women, whites, and those who reach the age of 30 years without a prior conviction. Second‐level indicators of county characteristics (e.g., crime rates or concentrated disadvantage) have no significant effect on the adjudication/recidivism relationship.     

论不纯正不作为犯的处罚根据

本文主要讨论不纯正不作为犯的处罚根据,即已经处于具体危险状态的法益、作为义务和罪质等价性。已经处于具体危险状态的法益解决的是不纯正不作为犯处罚的法理根据,作为义务解决的是行为人的不作为行为是否构成犯罪,罪质等价性解决的是行为人的不作为行为构成何种犯罪。     

绑架罪若干问题研究

绑架人质犯罪是一类严重侵犯人身权利的刑事犯罪,现行刑法作了明文规定。但对于此种犯罪的罪名确定、犯罪客体、犯罪客观方面的行为表现以及共同犯罪的认定等诸多方面,我国刑法理论尚存在不同认识,对这些问题进行深入研究,有助于司法实践中对绑架犯罪的正确认定。     

ADOLESCENT ROMANTIC RELATIONSHIPS AND DELINQUENCY INVOLVEMENT

While much attention has centered on the role of peer influence for adolescent delinquency, that of romantic partners has been largely neglected. Recent analyses of romantic relationships during the adolescent period suggest their general importance to development; research highlights that adolescents themselves frequently describe these relations as relatively intimate and influential. Thus, while classic theoretical frameworks such as differential association theory have often centered on the role of peers, their general logic is consistent with the notion that such relationships may indeed "matter" as a source of influence on delinquent behavior. Data from the National Longitudinal Study of Adolescent Health are well suited for examining the role of romantic partners because they allow for the identification and recreation of friendship networks and connections between romantic partners. Forging these interconnections, we link friends' and romantic partners' delinquency to respondents' own delinquency, enabling an examination of romantic partner influence on adolescent delinquency, beyond that influence associated with friends' behaviors. Drawing on theories of gender stratification, we also explore whether the effect of romantic partners' behavior is conditioned by gender. Findings reveal that romantic partners' delinquency exerts a unique effect on respondents' delinquency net of friends' delinquency and control variables. Additionally, romantic partners' deviance has a stronger effect on female involvement in minor deviance. We find no evidence, however, that gender conditions the strength of romantic partners' more serious delinquency on respondents' serious delinquency.     

对构建非法民事证据排除规则的思考

非法民事证据排除规则作为保障民事诉讼程序正义的重要诉讼法律规则,业已为学术界所重视,但遗憾的是我国现有的民事诉讼法律制度于该规则之规定尚有很大缺陷。文章将通过对大陆法系及英美法系关于非法民事证据排除规则理论之比较及对我国非法民事证据排除规则的建构与发展两个方面对该规则进行分析论述并提出对我国非法民事证据排除规则立法的建议。     

青少年偏差行为及其人类生态学观

青少年偏差行为虽不都是违法行为 ,但其影响社会稳定 ,加剧人际交往矛盾和冲突 ,甚而危及社会成员人身安全。青少年偏差行为的产生是社会生活环境多方面影响的结果     

WHY IS INVOLVEMENT IN UNSTRUCTURED SOCIALIZING RELATED TO ADOLESCENT DELINQUENCY?*

The relationship between unstructured socializing (peer‐oriented activity without supervision) and adolescent delinquency is widely established and recognized, but less is known about why this relationship exists. The present study integrates the unstructured socializing perspective with insights from social learning theory and other theoretical perspectives on peer influence and empirically investigates four possible explanatory processes. The study applies time diary data to operationalize accurately the concept of unstructured socializing and survey data to capture mediating variables and self‐reported delinquency (a general frequency measure of various offenses, as well as specified measures for violence, theft, and vandalism). Data were collected longitudinally with two waves of surveys and space–time budget interviews among 610 adolescents (11 to 20 years of age). A multilevel‐path model was estimated to analyze within‐individual changes over time. The findings indicate that three of the four proposed explanatory processes contribute to the explanation of the relationship between unstructured socializing and delinquency.     

Relationship Between Self‐Injurious Behaviors and Levels of Aggression in Children and Adolescents Who Were Subject to Medicolegal Examination,

Aggression, which is defined as a behavior causing harm or pain, is a behavioral pattern typically expected in children and adolescents who are involved in criminal activities. The aim of this study was to examine the relationship between aggression and self‐injurious behavior (SIB) in children and adolescents. The study was performed in 295 cases which were sent for medicolegal examination. The mean age of the subjects was 14.27 ± 1.05 years (age range 10–18 years). The aggression levels of the subjects were determined using the Aggression Questionnaire (AQ), which is an updated form of the Buss‐Durkee Hostility Inventory. The mean total AQ score of the subjects with and without SIB was 78.04 ± 21.0 and 62.75 ± 18.05, respectively (p < 0.01). There were significant statistical differences between the two groups with respect to their subscale scores (p < 0.01). It was concluded that the levels of aggression increased in children and adolescents who were involved in criminal activities when the SIBs increased.     

中西方未成年人道德养成教育内容探析

中西方虽然在政治制度、经济发展水平、社会背景、文化背景等方面有较大差异,但在未成年人道德养成教育的主要内容上却存在着一些相同或相似的地方,主要表现为：重视家庭在道德养成教育中的基础地位;重视道德的社会教化;强调将道德品质的培养与知识传授紧密结合起来;注重家庭、学校教育与社会濡染的影响;强调纪律、制度、法律等对道德养成教育的保障作用等。     

居间受贿犯罪定性与数额问题研究

居间受贿犯罪,是通过各种方式勾通、引荐、撮合行贿和受贿犯罪顺利实现的新型贿赂犯罪。居间受贿人原则上应成立受贿罪的共犯,但也存在成立（斡旋）受贿罪、利用影响力受贿罪及介绍贿赂罪的余地。受贿额数是＂客观的超过要素＂,不需要行为人具有明知和容认,只要有预见可能性即可。只有这样解释,才能帮助司法者减轻不必要的证明责任。