新中国未成年犯行刑制度建设的回顾与前瞻

未成年犯是罪犯构成中的一个特殊组成部分,我国对未成年犯行刑制度建设十分重视。 对未成年人实施保护是世界上许多国家通行的做法,我国也是如此。新中国成立后半个多世纪的 历程中,在未成年犯行刑制度建设上取得了一定的成绩。随着我国未成年人保护事业的迅速发展, 从建设法治国家、构建和谐社会的角度去审视我国的未成年犯行刑制度,需要在未成年犯行刑立 法、教育、回归社会等方面进行完善。     

Whole bovine blood use in forensic research: Sample preparation and storage considerations

Mammalian whole blood sources are often used for forensic research and training when human samples cannot be sourced. While porcine, ovine and equine blood have been shown to be viable alternatives to whole human blood for forensic purposes, procurement can still pose a problem, especially for smaller and remote institutions. This work explores the use of whole bovine blood for basic bloodstain simulation. Sample preparation through the addition of ACD-A anticoagulant was optimized and storability was explored. Viscosity, surface tension, density, and packed cell volume, four fluid properties relevant to bloodstain pattern analysis, were monitored over four days and in two temperature conditions. Linear mixed models accounting for variation in the donor demonstrated that these fluid properties of the bovine blood changed predictably over time and with temperature. Whole bovine blood with 12.5% v/v ACD-A was found to be viable for use in basic bloodstain simulation at ambient and physiological temperature.     

Investigation into "normal" background DNA on adult necks: implications for DNA profiling of manual strangulation victims

Others have investigated the role that DNA profiling could play as a method for identifying the perpetrator of manual strangulation. These studies have demonstrated that it is possible to collect offender DNA from the skin surface of a victim following physical contact. It is not known whether nonself biological material is normally present on the skin surface due to adventitious transfer occurring during innocent everyday interactions. To test the hypothesis that detectable amounts of nonself DNA are normally present on the skin surface of healthy adult individuals due to the adventitious transfer of DNA occurring during normal day-to-day social interactions, we designed an experiment in three phases. Phase 1 was used to deduce which DNA collection, extraction, and amplification methods were suited to investigating this question. During phase 2, the neck surface of 24 healthy adult volunteers was swabbed. DNA was extracted using the QIAamp DNA mini kit and amplified using the SGM Plus PCR amplification kit, using 28 PCR cycles. The work carried out during phase 3 involved a simulated assault to investigate primary and secondary transfer of DNA during physical contact. It was found that 23% of neck areas swabbed during phase 2 of this investigation showed nondonor alleles in the resulting DNA profile, with 5% of areas showing six or more nondonor alleles. The results of phase 3 showed that primary, secondary, and zero transfer of victim and/or offender DNA could be observed after physical contact and that alleles from an unknown source could still be detected in this more controlled experiment. The data presented in this paper demonstrate that DNA profiles generated after swabbing the skin surface of healthy adults can include components of an unknown source, present due to adventitious transfer. These components, if present in large quantities, have the potential to interfere with DNA profile interpretation of swabs taken for the investigation of physical assault by DNA profiling.     

Predicting Sex Offender Recidivism. I. Correcting for Item Overselection and Accuracy Overestimation in Scale Development. II. Sampling Error-Induced Attenuation of Predictive Validity Over Base Rate Information

The authors demonstrate a statistical bootstrapping method for obtaining unbiased item selection and predictive validity estimates from a scale development sample, using data (N = 256) of Epperson et al. [2003 Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) technical paper: Development, validation, and recommended risk level cut scores. Retrieved November 18, 2006 from Iowa State University Department of Psychology web site: http://www.psychology.iastate.edu/ approximately dle/mnsost_download.htm] from which the Minnesota Sex Offender Screening Tool-Revised (MnSOST-R) was developed. Validity (area under receiver operating characteristic curve) reported by Epperson et al. was .77 with 16 items selected. The present analysis yielded an asymptotically unbiased estimator AUC = .58. The present article also focused on the degree to which sampling error renders estimated cutting scores (appropriate to local [varying] recidivism base rates) nonoptimal, so that the long-run performance (measured by correct fraction, the total proportion of correct classifications) of these estimated cutting scores is poor, when they are applied to their parent populations (having assumed values for AUC and recidivism rate). This was investigated by Monte Carlo simulation over a range of AUC and recidivism rate values. Results indicate that, except for the AUC values higher than have ever been cross-validated, in combination with recidivism base rates severalfold higher than the literature average [Hanson and Morton-Bourgon, 2004, Predictors of sexual recidivism: An updated meta-analysis. (User report 2004-02.). Ottawa: Public Safety and Emergency Preparedness Canada], the user of an instrument similar in performance to the MnSOST-R cannot expect to achieve correct fraction performance notably in excess of what is achievable from knowing the population recidivism rate alone. The authors discuss the legal implications of their findings for procedural and substantive due process in relation to state sexually violent person commitment statutes and the Supreme Court's Kansas v. Hendricks decision regarding the constitutionality of such statutes.     

The impact of collaborative case formulation with high risk offenders with personality disorder

This study investigated the impact of completing collaborative case formulations (CFs) on the professional relationship between Offender Managers (OMs) and high risk offenders with personality disorder (PD). It was hypothesised that collaborative CFs would result in significantly improved professional relationships, offender engagement and OM confidence. Seventy-seven OMs were randomised into control and formulation groups and randomly allocated a high risk offender with PD. OMs in the formulation group attended advanced formulation training and constructed collaborative CFs. No collaborative CFs were constructed by the control group. All participants subsequently completed a measure of relationship quality. OMs also completed a perceived benefits rating scale evaluating perceived offender engagement and OM confidence. OMs in the formulation group reported significantly higher overall relationship quality, a stronger working alliance and greater confidence. Offenders in the formulation group reported significantly higher degrees of trust in their OMs. Results indicate that completing CFs collaboratively with high risk offenders with PD may have a small, beneficial impact on the quality of OM/Offender relationships and increase OM confidence.     

Offender personality disorder pathway: the impact of case consultation and formulation with probation staff

The latest government policies for personality disordered offenders emphasise the importance of a formulation-based approach to rehabilitation and pathway planning. However, research into forensic case formulation is limited. This paper examines the impact of consultation and formulation, on probation staff working with personality disordered offenders. Staff rated their knowledge, confidence, motivation, and understanding (of offenders), and satisfaction with management plans at three stages: pre-consultation, post-consultation and after receiving a written formulation. The analyses revealed that ratings on all variables examined increased after attending a consultation meeting, with no additional increase in scores following receipt of the formulation letter. The findings provide evidence that consultation has a range of benefits for probation staff, and offer support for the current model of joint-agency working. Further research is needed to clarify the benefits of providing written formulations after consultations, and to explore what features of a formulation are most useful to probation staff.     

Community perceptions of a public sex offender registry introduced in Western Australia

Abstract

Publically accessible information about sex offenders through an online registry of sex offenders has been a polemic issue for governments, police and the wider community with debate largely driven by community expectations of police ensuring the safety of children and women from sexual predators. In October 2012, Western Australia became the first and currently only state or territory in Australia to allow public access to a three tiered register via the Community Protection Website (CPW) that would be monitored by West Australian Police. The introduction of this website triggered significant debate across the country. A survey was developed to capture the opinions of members of the public who had accessed the online registry to understand their views of the online tool and its purpose as a form of community safety. Findings from the survey reveal that the community lacks understanding of the prevalence of child sexual abuse and the fact that a child is more likely to experience sexual victimization within the family unit. There is also a need for greater community education and awareness about the purpose and limitations of the CPW as many believed that all sex known sex offenders are publicly registered, therefore creating a false sense of security.     

Substance abuse among sexual offenders: review of research and clinical implications*

Substance abuse, and in particular alcohol abuse, has been linked to the aetiology and maintenance of violent offending generally and sexual offending specifically. The current paper reviews the literature pertaining to substance abuse among sexual offenders and highlights theoretical developments in the area. An emphasis on issues associated with the therapeutic alliance is stressed when working with high-risk clients who present with multiple needs, including alcohol abuse. The discussion concludes with some practical suggestions regarding assessment and treatment of groups of moderate- to high-risk offenders.     

典型电动两轮车倒地滑动摩擦系数实验研究

目的 为获得典型电动两轮车倒地滑动摩擦系数,研究倒地滑行速度、路面干湿、路面材料以及电动两轮车结构等因素对电动两轮车倒地滑动摩擦系数的影响.方法 采用实车牵引法测试了“标准”和“非标”两种类型电动两轮车在四种常见路面上的0～50km/h速度区间内的倒地滑动摩擦系数.结果 电动两轮车在实验混凝土路面倒地滑动摩擦系数为0....     

从日本刑法立场论构成身份与共同正犯

身份是指和一定犯罪行为有关的人身关系的特殊地位或状态。在身份作为行为违法性要素的场合,该身份就是违法身份,身份犯就是真正身份犯,或称构成的身份犯;作为责任要素的场合,该身份就是责任要素,身份犯就是不真正身份犯,或称加减的身份犯。当无身份者实施身份犯时,就是构成身份与共犯的问题。