再论相对负刑事责任年龄－－兼论增加概括性规定的必要性

97刑法第 17条第 2款有关相对负刑事责任能力人的规定 ,与 79刑法相关条款相比有进步 ,但仍有不少学者对其提出了质疑 ,司法实践中该条款也显现出局限性。本文试图从给该条款增加概括性规定的角度来解决这个问题 ,并阐述其必要性     

Bridging the enduring gender gap in political interest in Europe: The relevance of promoting gender equality

Notwithstanding the improvement in gender equality in political power and resources in European democracies, this study shows that, on average, declared interest in politics is 16 per cent lower for women than for men in Europe. This gap remains even after controlling for differences in men's and women's educational attainment, material and cognitive resources. Drawing on the newly developed European Institute for Gender Equality's (EIGE) Gender Equality Index (GEI) and on the European Social Survey (ESS) fifth wave, we show that promoting gender equality contributes towards narrowing the magnitude of the differences in political interest between men and women. However, this effect appears to be conditioned by the age of citizens. More specifically, findings show that in Europe gender‐friendly policies contribute to bridging the gender gap in political engagement only during adulthood, suggesting that childhood socialisation is more strongly affected by traditional family values than by policies promoting gender equality. In contrast, feminising social citizenship does make a difference by reducing the situational disadvantages traditionally faced by women within the family and in society for middle‐aged people and older.     

Caveat: addressing public justification as an empirical phenomenon

ABSTRACT

Instead of a conclusion, this special issue ends with a discussion between Liah Greenfeld, on the one hand, and Uriel Abulof and Markus Kornprobst, on the other hand, about the merits of studying public justification and how best to do so. Greenfeld suggests that public justification is predicated on the autonomy of the political sphere, the importance ascribed to public views, and to the prevalence of justification. Seeing public justification as ultimately a cultural phenomenon, this caveat urges scholars to study it in only specific historical contexts, which are, for now, limited to predominantly ‘Western liberal democracies’.     

Research on Parental Sensitivity, Trust, Intimacy and Adult Romantic Attachment as Predictors for Sexual Delinquency

Some important authors in the field of sexual delinquency stress the importance of inadequate attachment in the aetiology of sexual abusive behaviour. This contribution reports on parental sensitivity, trust, intimacy and adult romantic attachment in a group of sexual offenders (exhibitionists, child molesters and child rapists) and a matched normal control group. Based on the analyses, it appears that parental sensitivity, trust, intimacy and adult romantic attachment significantly differentiate between sexual delinquents and the control group. There is no significant relationship between the different categories of sexual offenders, except for the variable adult romantic attachment. Furthermore, it was found that parental sensitivity, trust and the adult romantic attachment style contribute independently to the explanation of sexual delinquent behaviour. The results tend to be important for the prevention and the treatment of sexual delinquent behaviour.     

Locking up my generation: Cohort differences in prison spells over the life course

Crime rates have dropped substantially in the United States, but incarceration rates have remained high. The standard explanation for the lasting trend in incarceration is that the policy choices from the 1980s and 1990s were part of a secular increase in punitiveness that has kept rates of incarceration high. Our study highlights a heretofore overlooked perspective: that the crime–punishment wave in the 1980s and 1990s created cohort differences in incarceration over the life course that changed the level of incarceration even decades after the wave. With individual-level longitudinal sentencing data from 1972 to 2016 in North Carolina, we show that cohort effects—the lingering impacts of having reached young adulthood at particular times in the history of crime and punishment—are at least as large (and likely much larger) than annual variation in incarceration rates attributable to period-specific events and proclivities. The birth cohorts that reach prime age of crime during the 1980s and 1990s crime–punishment wave have elevated rates of incarceration throughout their observed life course. The key mechanism for their elevated incarceration rates decades after the crime–punishment wave is the accumulation of extended criminal history under a sentencing structure that systematically escalates punishment for those with priors.     

Urea,Uric Acid,and Creatinine in Postmortem Blood,Vitreous Humor,and Synovial Fluid: A Comparative and Correlation Study,

Urea, uric acid, and creatinine have been demonstrated to be relatively stable in postmortem blood (BL), thus being useful for diagnostic purposes. However, no studies have explored their levels in BL, vitreous humor (VH), and synovial fluid (SF) concurrently. Therefore, we measured and compared their levels in these fluids. We also determined the effects of various factors on their levels. The results indicated that BL urea, uric acid, and creatinine levels were significantly higher than VH and SF levels. VH and SF urea levels and SF creatinine levels had a strong correlation with BL urea and creatinine levels, respectively. BL creatinine levels were higher in men than in women. BL and SF creatinine levels were negatively correlated with age. SF uric acid and BL, VH, and SF creatinine levels exhibited a positive correlation with weight. Only VH creatinine levels were positively correlated with body mass index. None of urea, uric acid, and creatinine levels were correlated with postmortem interval.     

Three-Dimensional Prediction of the Nose for Facial Approximation in a Thai Population

Most of the previous studies about nose prediction were concentrated only some landmarks of the nose. This study aimed to generate prediction equations for ten landmarks of the nose in the midline and alar regions for forensic facial approximation. The six midline landmarks were the sellion, nasion–pronasale posterior, nasion–pronasale anterior, pronasale, nasal drop, and subnasale. The four landmarks of the alar region were the alare, superior alar groove, posterior alar groove, and inferior alar groove. We used the skull landmarks in the nasal, zygomatic, and maxillary bone to predict the landmarks of the nose. Cone-beam computed tomography scans of 108 Thai subjects with normal BMI and age ranging from 21.0 to 50.9 years were obtained in a sitting position. The data were converted into three-dimensional (3-D) images of the skull and face. The Cartesian coordinates of the landmarks of the skull and nose were used to formulate the multiple regression equations. The formulated equations were tested in 24 new subjects. The mean differences in the predicted midline landmarks varied between −0.4 mm and 0.5 mm, whereas those for bilateral landmarks varied between −1.0 mm and 1.4 mm. In conclusion, the prediction equations formulated here will be beneficial for facial approximation of the nose in a Thai population.     

Rib Variation at Multiple Locations and Implications for Histological Age Estimation*

Existing histological age estimation methods using the rib were developed mainly from the midshaft; however, in forensic practice, uncertainty of sampling location often arises due to fragmented or previously sampled ribs. The potential for error increases when sampling location is uncertain and utilizing a section beyond the midshaft (either anterior or posterior) may result in erroneous age estimates. Additionally, there is debate within the field regarding the minimum number of sections needed for accurate age estimation. The aim of this research is to determine the importance of the midshaft distinction for age-at-death assessment and the necessity of analyzing serial sections by evaluating histological variables at sampling locations along the length of the rib. Three seriated histological sections at three sampling locations (anterior, midshaft, and posterior) were obtained from sixth ribs of ten postmortem human subjects. Cortical area (Ct.Ar) and osteon population density (OPD) were collected from each section (n = 90). Significant differences were determined in Ct.Ar between sampling locations, demonstrating the variation present along the length of the rib. A comparison of OPD at sampling locations revealed significant differences, suggesting that sampling site is critical to accurate age estimates. When sampling location is uncertain, a more anterior section should be taken. Analysis of serial sections within locations revealed no significant differences in OPD or Ct.Ar, supporting the practice of collecting data from one section for age estimation. While an age estimate can be achieved through the analysis of one section, best practice suggests reading two sections to capture intraindividual variation.     

The Personality Assessment Inventory (PAI): Treatment Scales and Interpersonal Characteristics in a Sample of Men Charged with or Convicted of a Sexual Offense*

An individual's interpersonal features are pertinent to treatment within clinical populations. The Personality Assessment Inventory (PAI) contains two scales that assess the interpersonal features of warmth (WRM) and dominance (DOM), as well as two additional measures to assess to treatment prediction, process, and rejection (RXR; TPI). The current study examined associations between these PAI scales in a sample of 92 men who underwent comprehensive evaluations of sexual behavior after being charged with or convicted of a sexual offense. Analyses indicated that RXR was positively associated with WRM and DOM, TPI was negatively associated with WRM, and the two interpersonal scales of WRM and DOM were positively correlated with each other. A significant inverse relationship was found between the two treatment scales RXR and TPI indicating that motivation for treatment may have a limited relationship with the treatment process. WRM significantly predicted scores on the TPI, and both WRM and DOM predicted individual scores on RXR. Higher scores on positive impression management (PIM) were predictive of lower TPI and higher RXR, as individuals with higher stakes cases may score higher on PIM and underreport obstacles within treatment or be unwilling to accept the need for treatment. Overall, findings suggest that interpersonal characteristics identified by the PAI scales may be advantageous in approaching treatment within this population.     

论网络时代的刑事领域变革

网络时代 ,社会的方方面面发生了急剧的变革 ,其中包括刑事领域的变革。刑事领域变革体现在刑事犯罪、刑事证据、刑事侦查、刑事裁量等诸多方面。