社区矫正视角下未成年犯再社会化研究

社区矫正作为一种行之有效的非监禁刑执行方式,对未成年犯再社会化有着重要的理论及实践价值,亦是我国刑罚改革的方向。但是,由于我国社区矫正法律制度不够健全,在此背景下如何保护未成年犯的合法权利,值得我们认真去探讨与研究。从分析社区矫正的概念着手,通过对未成年犯再社会化的内涵进行解读,并找出其存在的问题,有助于寻求解决问题的有效对策。     

A Pragmatic Approach to Designing Changes Using Convergent Interviews: Occupational Violence Against Paramedics as an Illustration

Developing a change program to address complex problems can appear overwhelming. This study presents how an inductive diagnostic technique known as convergent interviewing can provide a summary of the critical issues that could be addressed by a change program. A systems perspective is used to show how the issues raised by the diagnostic process can be targeted in order to have the most effect and be pragmatically implementable. The use of the tool is illustrated by analysing an employee problem that needs to be addressed in public services, the high rates of occupational violence against paramedics. The resulting inductive systems model can be used for diagnosis or for informing a variety of change interventions. Convergent interviews are relatively easy to use, powerful, and applicable to many situations. This tool is particularly useful for developing innovations regarding a specific problem, changes that could be a source of substantial public value.     

Physically violent husbands of the 1890s and their resources

This article applies Goode's Resource Theory of wife beating to Lane County, Oregon from 1891 to 1900. The sample population consists of 56 women who appeared in divorce suits and claimed that their husbands had physically abused them. The study's findings largely support Resource Theory, although biases in the sample population make it more suggestive than conclusive. Wife beaters of the 1890s tended to be relatively low in economic and social resources, particularly when compared to their wives. The violent husbands' resources appear particularly slight when their psychological resources are considered. The article closes by suggesting that Resource Theory is not necessarily at odds with feminist interpretations of wife battering. Social scientists who assert that husbands' physical violence is more likely when their dominance is pronounced rather than fragile need to define more carefully and detect the actual level of power and resources that particular husbands enjoy.     

Comparison of Abuse Alleged by Same- and Opposite-Gender Litigants as Cited in Requests for Abuse Prevention Orders

Domestic violence is commonly portrayed as something male batterers do to their female victims. Much research excludes study of female-perpetrated violence. This study develops a two-gender measure of abuse as documented by requests for protection. All nonimpounded Abuse Prevention Orders (M.G.L. c. 209A) issued in Massachusetts' Gardner District Court in the year 1997 were analyzed by gender to examine the level and types of violence alleged by plaintiffs. The level and types of violence were categorized and measured by examining Abuse Claimed Checkboxes found on each Complaint for Protection and by applying quantitative scales to affidavits, or plaintiff statements, filed as part of each request for protection. Despite widespread misconceptions that tend to minimize female abuse, examination of these court documents shows that male and female defendants, who were the subject of a complaint in domestic relation cases, while sometimes exhibiting different aggressive tendencies, measured almost equally abusive in terms of the overall level of psychological and physical aggression.     

Physical violence in Utah households

Using the Conflict Tactics Scale, a random sample of 1471 Utah residential units was selected in 1986 to assess family violence. Results were compared with data from the Straus and Gelles (1986) United States national survey of family violence. Spousal violence rates in Utah households were slightly higher than those in the national survey. Income, employment status, education, family size, religiosity, marital power structure, and gender role orientation failed to differentiate spousal violence rates. Parent-to-child violence rates were less in Utah than in the national survey. Severe mother-to-child violence was influenced substantially by educational level, family size, employment status, and gender role orientation. High level of education for traditionally oriented mothers who are not employed was associated with severe physical violence toward their children.     

A model for using time out as an intervention technique with families

Using time out to interrupt escalating conflict is an important first step in treating couples and families where physical and emotional abuse is present. Since a time out failure can jeopardize further treatment, developing effective methods for using time out is a therapeutic priority. By interpreting the family's failed attempts as skill deficits, their efforts can be reframed to facilitate their acceptance of new time out methods. These methods are integrated into a model which outlines six hierarchical levels of supplemental control needed to inhibit destructive behavior. The model provides guidelines and establishes incentives for developing a time out strategy appropriate to the family's current level of control. It is designed to guide therapists in helping families strengthen their skills and choose an alternative time out strategy when an initial method fails.     

THE JUVENILE PENALTY: A COMPARISON OF JUVENILE AND YOUNG ADULT SENTENCING OUTCOMES IN CRIMINAL COURT*

This study uses criminal court data from the Pennsylvania Commission on Sentencing (PCS) to investigate the sentencing of juvenile offenders processed in adult criminal court by comparing their sentencing outcomes to those of young adult offenders in similar situations. Because the expanded juvenile exclusion and transfer policies of the 1990s have led to an increase in the number of juveniles convicted in adult courts, we argue that it is critical to better understand the judicial decision making processes involved. We introduce competitive hypotheses on the relative leniency or severity of sentencing outcomes for transferred juveniles and interpret our results with the focal concerns theoretical perspective on sentencing. Our findings indicate that juvenile offenders in adult court are sentenced more severely than their young adult counterparts. Moreover, findings suggest that juvenile status interacts with and conditions the effects of other important sentencing factors including offense type, offense severity and prior criminal record. We discuss these results as they relate to immediate outcomes for transferred juveniles, criminal court processes in general and the broader social implications for juvenile justice policy concerning the transfer of juveniles to criminal court.     

INDUSTRIAL SHIFT,POLARIZED LABOR MARKETS AND URBAN VIOLENCE: MODELING THE DYNAMICS BETWEEN THE ECONOMIC TRANSFORMATION AND DISAGGREGATED HOMICIDE*

Industrial restructuring marks the removal of a manufacturing and production‐based economy in urban areas, which had served as a catalyst in concentrating disadvantage and polarizing labor markets since the 1970s. Although scholars have established a relationship between concentrated disadvantage — poverty, joblessness, racial residential segregation — and urban violence in cross‐sectional studies, this literature has yet to estimate whether economic restructuring contributed to the change in urban homicide over time. Modeling this relationship requires an analytical strategy that incorporates specific indicators of (race and gender) polarized labor markets, separate from indicators of urban disadvantage, on disaggregated homicides while taking into account the growing dependency of urban cities on formal social control (via police presence and rise in incarceration). In this study I provide a theoretical rationale for linking industrial restructuring to urban homicide. Using a multivariate strategy to capture the shift in labor market forces and disaggregated homicides from 1980 to 1990, I also estimate the impact of this relationship. The results provide evidence of the industrial ship and documents both the decline in Manufacturing jobs for black males and black females and a growth in the service sector opportunities for white males only. I also find that industrial restructuring had a unique impact on disaggregated homicide beyond what has previously been established in cross‐sectional studies.     

Partner Assaultive Men and the Stages and Processes of Change

Researchers have recently suggested that the Transtheoretical Model of behavior change (TTM; Prochaska, J. O. DiClemente, C. C., and Norcross, J. C., 1992, Am. Psychol. 47: 1102–1114) might help in understanding the mechanisms through which partner assaultive men attempt to change their abusive behavior. In the present study, we present data from 2 psychometrically sound scales designed to assess the stages and processes of change in a cross-sectional sample of 250 men attending 2 batterer's intervention and prevention programs: the University of Rhode Island Change Assessment Scale for Domestic Violence (URICA-DV; Levesque, D. A., Gelles, R. J., and Velicer, W. F., 2000, Cog. Therapy Res. 24: 175–200), which assesses movement through the stages of change, and the Processes of Change Scale (POC), developed by the authors to assess self-reported usage of behavior change processes. Cross-validated cluster analyses indicated a three-cluster solution based upon URICA-DV scores: Immotive, Unprepared Action, and Preparticipation. Results indicated that individuals in more advanced stages of change reported using more behavior change processes, although this did not appear to result from being in treatment for a longer period of time. These data are interpreted in light of recent data indicating relatively small effect sizes for batterer's treatment programs and how assessment of the stages and processes of change might assist in matching men to different levels of treatment.     

If Violence Is Domestic, Does It Really Count?

Estimates of the prevalence of marital violence have been found to vary dramatically from survey to survey. This paper addresses one potential explanation for this difference which involves the focus and format of different surveys. We examine the extent to which survey respondents are willing to report marital violence in a context which focuses on criminal behaviors as opposed to a family violence context. In a very basic way, this answers a question as to whether individuals are willing to define acts of marital violence as criminal. Methodologically, it is a measurement issue which seriously affects the ability to compare findings across samples. National Youth Survey data are used to compare rates of generalized spousal assault and victimization reported in a crime context with rates of marital assault and victimization reported in a family violence context. Results indicate that 40 to 83% of all marital assaults and victimizations reported in the marital violence section are not reported in a format which focuses on criminal assault and victimization.