论刑法中的事后自救

刑法中的事后自救有着不同于一般意义上的自救行为的特别意义,它是刑法中的违法性阻却事后即正当化事由之一。刑法中的事后自救有着从起因要件、时机要件到主体要件、主观要件再到对象要件和限度要件的系列性构成要件或成立条件。不符合构成要件或成立条件的自救行为轻者是过失犯罪,重者是故意犯罪,不仅可以实施正当防卫或紧急避险,甚至可以实施"刑法中的事后反自救"。     

Clinical supervision and forensic work

Abstract

This paper reviews the literature on supervision in relation to forensic work and examines the need for such supervision in work with offenders. Three types of problematic countertransference are identified, which can be characterised as repulsive, helpless and voyeuristic in nature. Current research emphasising the role of attachment styles in sexual offending is seen as having implications for the treatment process and therefore for clinical supervision. Similarly, research emphasising the importance of group leadership skills in treatment is presented as indicating a need for supervision. Some problems with the provision of supervision are examined and it is concluded that it should be an integral part of any work with offenders.     

结合犯若干问题研究——规范解读与理性反思

在大陆法系刑事立法的发展完善过程中,结合犯占有一席之地。我国刑法至今仍未规定典型的结合犯,但基于规范目的及刑法理性的考察,应当重视对结合犯适用问题的研究。结合犯的既、未遂应以他罪为标准。结合犯的中止宜以后一个犯罪是否中止为标准。结合犯的共同正犯是客观存在的,但当后行为人仅实施了部分实行行为时,只能对参与后的行为及结果负责。     

宽严相济的刑事政策与未成年人犯罪刑罚的适用

宽严相济的刑事政策要求在适用刑罚时要根据实际需要当宽则宽、当严则严，宽严审时、宽严有度。由于未成年人身心发育的特点及犯罪原因的特殊性，对未成年犯科刑时应当体现出轻缓、宽容的一面，对较为严厉且不能实现刑罚目的的无期徒刑、财产刑及资格刑的适用应当作出相应的限制。     

青少年犯罪团伙的结构特征及形态分析

犯罪团伙是我国青少年犯罪的一种重要组织形式 ,其团伙的存在形态及其结构特征是犯罪学者所普遍关注的。本文在以往有关调查资料的基础上 ,通过定量描述的方法 ,对当前青少年犯罪团伙的构成、规模、稳定性等问题进行较为客观的分析 ,以使人们对青少年犯罪团伙的存在形式有一个较为准确的认识。     

性犯罪案件中未成年被害人询问情况实证研究

据统计，性犯罪案件中办案人员对未成年被害人存在多次询问、问题设置不当、缺少必要心理疏导等问题，对此情况如不予以充分重视并及时修复，则会对未成年被害人的心理产生二次伤害。借鉴其他国家和地区的先进经验并结合儿童心理学、法律语言学等相关理论，设计一套适合未成年被害人身心特点、可操作性较强的询问模式，能够帮助未成年被害人尽早走出心理阴影。     

Radical Pragmatism

Abstract

The article introduces radical pragmatism, an approach to working with girls in conflict with the law based on experience, research, and theory, including an analysis of the structural and gendered inequities in which girls live and make choices. There are three components. First, abolish punitive practices and stereotypes that do not attend to girls' requirements of well-being. Second, expand what does work, including the effective, efficient community and school programs that prevent crime and promote well-being as well as differential interventions and compensatory, restorative initiatives for individual girls and groups. Third, politicize the need for equity and human rights by listening to what girls say they require to heal the hurts and prevent additional ones and by ensuring parity in funds and programs that build on what girls require.     

Surveying the terrain: Current issues in the prevention and management of sexually abusive behaviour by males

Abstract

This paper focuses on critical issues and challenges concerning five areas: the prevention of sexually aggressive behaviour; inter-agency collaboration; groupwork programmes for adult offenders; eligibility levels regarding services for adolescent offenders; and professional issues.

Key messages which emerge are: the need to prevent punitive parenting in early childhood; the importance of healthy intra-agency processes as a foundation for effective inter-agency working; ensuring careful selection of clients for groupwork programmes; developing a tiered set of service thresholds for adolescent offenders; and the need to sustain the emotional responsiveness of staff.     

"Lateral Angle" of the Internal Auditory Canal: Non-Association with Temporal Bone Pneumatization

Abstract:  The "lateral angle," the angle with which the posterior wall of the internal auditory canal meets the posterior fossa plate, is arguably wider in females (>45°) than males (<45°). Not previously addressed, however, are repeatability of angle determination, and whether the extent of temporal bone pneumatization is a confounder. Forty-one adult human cranial specimens (82 clinically normal temporal bones) were studied; no sex information was available for this United States sample. Two casts were created from each ear; each cast was independently categorized twice. No association of lateral angle with mastoid size was found. Repeatability was good. Although bilateral symmetry was suggested (phi = 0.60, p  = 0.05), two crania had oppositely categorized right-left angles. We observed a new finding: narrowed but clinically normal canals in 10% of crania. The lateral angle is a good candidate to be a morphological method in determination of sex.     

DETERRENCE AND DETERRABILITY*

The first forays into Western criminological theory came in the language of deterrence (Beccaria, 1963 [1764]). The paradigm itself is simple and straightforward, offering an explanation for crime that doubles as a solution (Pratt et al., 2006). Crime occurs when the expected rewards outweigh the anticipated risks, so increasing the risks, at least theoretically, will prevent most crimes in most circumstances. If deterrence describes the perceptual process by which would-be offenders calculate risks and rewards prior to offending, then deterrability refers to the offender's capacity and/or willingness to perform this calculation. The distinction between deterrence and deterrability is critical to understanding criminality from a utilitarian perspective. However, by attempting to answer “big picture” questions about the likelihood of offending relative to sanction threats, precious little scholarship has attended to the situated meaning of deterrability. This article draws attention to this lacuna in hopes of sensitizing criminology to an area of inquiry that, at present, remains only loosely developed.