论罪犯心理危险性分类技术——以罪犯个案矫正为视角

对罪犯的分类是作为一种适应罪犯需要的处遇方式和矫正活动。罪犯的心理危险性具有未知性、潜在性和偶发性特点。罪犯的心理危险性干预属于心理矫治的范畴,具有维护监狱的安全和秩序的价值。决定罪犯心理危险性依据主要是对罪犯以往犯罪状况所进行的预测和评估。罪犯心理危险性分类技术主要有调查分类技术和定量评价技术。     

An investigation into the differentiating characteristics between car key burglars and regular burglars

Car key burglary has recently become the focus of empirical investigation as offenders, no longer able to steal vehicles without first obtaining their keys, resort to "burgling" target properties. Research surrounding the modus operandi of these offenses is beginning to emerge; however, little attention has been paid to investigating the characteristics of car key burglary offenders. Challenging the assumption that car key burglary offenses are perpetrated by regular burglars, this study aims to differentiate between offenders. Logistic regression analysis of 110 car key and 110 regular burglary offenders revealed that car key burglars are more likely to have previous vehicle theft convictions and are also more likely to be detected on information supplied to the police than regular burglars. Regular burglars are more likely to have previous shoplifting convictions. It was concluded that car key burglars are a distinct sample of offenders and the implications of these findings are discussed.     

论过度医疗侵权行为及其法律规制

过度医疗一般是指,在医疗过程中,医师对患者的疾病实施不必要的诊疗措施,致使患者的医疗费用明显超过疾病诊疗实际需求的医疗行为或医疗过程。过度医疗认定的关键,在于把握过度医疗行为与适度医疗行为的界限,并且应将其与保护性医疗和防御性医疗加以严格区分。从法律意义上讲,过度医疗是一种发生在医疗过程中的特殊民事侵权行为,是指医疗机构及其医务人员在医疗活动中,以获取一定经济利益为目的,违法实施不必要的诊疗从而造成患者明显人身、财产损害并应承担相应法律责任的行为。过度医疗侵权应适用过错推定责任进行归责。《侵权责任法》立法上将过度医疗的范围,仅局限在"实施不必要的检查",不足以充分保护患者的合法权益,立法上应进一步做出扩充解释。     

Low Self‐Control and Contact with the Criminal Justice System in a Nationally Representative Sample of Males

Prior research on law enforcement and court system actions suggests that offender demeanor influences practitioner decision making. However, few studies have examined a key implication of this body of work—namely, criminogenic factors associated not only with offending but also with demeanor may result in a greater likelihood of contact with and formal processing by law enforcement and the courts. Using data from the National Longitudinal Study of Adolescent Health, we test the hypothesis that low self‐control, which is associated with a range of characteristics that might influence practitioner perceptions of individual offenders’ demeanors, will predict greater contact and formal processing. Briefly, we found that low self‐control was consistently related to criminal justice system involvement as measured by police contacts, arrests, age at first police contact, and arrest onset. The implications of the findings for theory and research are discussed.     

The Influence of Parole Officers’ Attitudes on Supervision Practices

The supervision of offenders conditionally released into communities is one of the primary functions of parole officers. Scholars have hypothesized that officers’ attitudes towards supervision may influence their job performance. Yet there are few studies which have examined the influence of parole officers’ attitudes on their actual supervision practices, and studies of the attitude–behavior relationship among other justice system actors have revealed mixed findings. This study involved an examination of the relationship between officers’ attitudes towards supervision and their supervisory responses to offender behavior. Findings revealed that officers’ attitudes influence their intended behaviors. However, results of the analyses of the potential relationship between officers’ attitudes and their actual behaviors were mixed. Officers’ attitudes had no effect on their rate of issuing community-based sanctions, but officers who held more authoritative attitudes were more likely to pursue revocation hearings for offender noncompliance.     

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。     

美国性犯罪者登记制度的实证研究及反思

对性犯罪者进行登记是美国等西方国家普遍采用的用于遏制性犯罪的做法。但不少研究表明,性犯罪立法在控制性犯罪和减少再逮捕率方面并没有起明显作用,相反,性犯罪者登记制度给相当一部分性犯罪分子带来了诸多负面影响。关于性犯罪者登记制度需要进一步的研究,研究内容包括性犯罪者登记法是否能够减少性犯罪行为,谁来对登记程序进行监管,该制度对性犯罪者及其家庭的影响,以及实施登记法律的成本。     

Treating alcohol-related violence: a feasibility study of a randomized controlled trial in prisons

Purpose: There is a lack of good-quality outcome evaluations of interventions for offenders whose crimes are alcohol-related. Randomized controlled trials (RCTs) are considered gold standard in treatment evaluations. Here, we report on a feasibility study for an RCT of an alcohol-related violence intervention, Control of Violence for Angry, Impulsive Drinkers (COVAID). Method: 115 adult male prisoners were randomly allocated to COVAID plus treatment as usual (TAU) or TAU only. Results: Most participants (84%) found COVAID useful. Reconviction data at six months were accessed for 109 (95%) participants. There were no differences between the two groups on violent reconvictions or all reconvictions at the six-month period, but at 17?months the COVAID group had 13% fewer people reconvicted for violence, and 20% fewer had reconvictions for any offence. Conclusion: The results indicate that an RCT is feasible and provides parameters for designing a full RCT. Differences in reconviction between groups favoured COVAID and were clinically important.     

Effectiveness of modified therapeutic community treatment within a medium-secure service for personality-disordered offenders

There is debate as to whether secure hospital treatment for offenders with personality disorder can be effective relative to criminal justice interventions. This study examines the evidence for long-term treatment of such offenders in hospital within in a modified therapeutic community model including accredited offending behaviour programmes. A panel sample of 47 patients were followed up on measures of violence risk (HCR-20, VRS) and symptom severity (SCL90-R). Intention-to-treat analysis with reliability thresholds showed significant positive change between assessment and discharge in both violence risk (VRS) and symptoms (SCL90-R) indicating a positive treatment effect. Threshold effects for treatment effectiveness seemed to occur at 1?year of treatment for risk and 3?years for symptom reduction.