生产、销售伪劣商品罪与假冒注册商标罪的竞合问题探析

关于生产、销售伪劣商品罪与假冒注册商标罪的竞合所涉及的罪数形态问题,主要存在“法条竞合论”、“想象竞合犯论”、“牵连犯论”以及“实质数罪论”等几种观点。在生产、销售伪劣商品罪与假冒注册商标罪竞合的场合,存在“一个行为”和“两个行为”的情形。这对罪数形态的判断会产生直接的影响。在“一个行为”的场合,即行为人在生产伪劣商品的过程中假冒他人的注册商标,或者在生产伪劣商品的过程中假冒他人的注册商标后又销售该商品的,成立想象竞合犯;在“两个行为”的场合,即行为人在他人生产的伪劣商品上假冒注册商标后销售该商品的,成立牵连犯。根据罪数理论通说,对想象竞合犯和牵连犯都应予以从一重罪处断。     

Offending histories and offending behaviour: A Ten year follow-up of sex offenders tried by Sheriff and District Courts in Grampian,Scotland

From criminal complaint records all incidents of sexual misbehaviour resulting in charges in three North East Scotland courts during 1981 and 1982 were traced. Of the 80 alleged offenders, 75 were followed up for 10 years using current criminal records.

Offending behaviour ranged from obscene telephone calls to rape. Half the offenders made no physical contact with their victims. These “hands-off” offenders were compared with “hands-on” offenders and were found to show a higher prevalence of sexual convictions both before the index offence and in the follow-up period. Those offenders who removed their victims clothes or had sexual intercourse with their victims were found to have the lowest prevalence of sexual reoffending. Degree of intrusiveness was inversely related to sexual recidivism in this sample and there was no evidence of progression over time to more intrusive offending.     

The development of a filter model for prioritising suspects in burglary offences

Abstract

This paper discusses the development of a filter model for prioritizing possible links in dwelling burglary. The filters utilize the central aspects of crime scene information that is available and accessible to investigators in burglary, namely geo-spatial, temporal, behavioural, and dwelling information. The proposed filters were analysed using a sample of 215 dwelling burglaries committed by 43 serial burglars (i.e. 5 offences each) in order to determine the sequence in which the filters should be considered in prioritizing possible linked offences. The results indicated that the following order (i.e. better performance to worse performance) was most effective at linking offences, utilizing: (1) geo-spatial information, (2) temporal aspects, (3) behavioural information and, lastly, (4) dwelling characteristics. Specifically, the results indicated that offences in close proximity to one another should be given priority. Further, any offence occurring within a 28-day span before or after the index offence should be given priority. The paper argues that behavioural and dwelling characteristics are less effective for linking than geo-spatial and temporal information because the former two aspects are influenced significantly by situational and contextual cues on offender decision-making.     

The Treatment Engagement Rating scale (TER) for forensic outpatient treatment: Description,psychometric properties,and norms

Abstract

The Treatment Engagement Rating scale (TER) is a Dutch therapist rating instrument for treatment engagement (TE) of forensic outpatients. It yields scores for nine components of TE, which are aggregated in a total score. Following an analysis of the concept of TE, the TER is described, and various psychometric analyses of data from a forensic outpatient sample are reported. The nine component scores were found to constitute a homogeneous scale with good internal consistency (α=0.93, n=328) and adequate inter-rater reliability (intraclass correlation coefficient (ICC)=0.76, n=99). The validity of the TER is supported by correlations of 0.47, 0.66, and 0.91 (n=328) with measures for the motivation to engage in treatment. Applications for the TER in clinical practice and research are suggested.     

Examining the effectiveness of a UK community-based sexual offender treatment programme for child abusers

Abstract

An analysis of psychometric data from a sample of 341 UK child abusers who had completed a probation-based sex offender treatment programme was carried out in order to assess the effectiveness of therapeutic treatment. A cluster analysis was also undertaken to examine the pattern of pre-treatment problems. Three clusters of offenders, with distinctly different psychometric profiles, were identified depending upon the number and extent of their offence-specific and social adequacy problems. These were labelled Low need, Medium need and High need. Pre–post analyses revealed clinically significant treatment effects for the entire sample, with differing effects found across the clusters as follows: 50–81% of the Low need group scored within the cut-off (or normative range) at the post stage, while between 3% and 26% had shifted to a clinically significant degree; 34–75% of the Medium need group scored within the cut-off range after treatment, while between 9% and 100% had shifted to a clinically significant degree; 16–52% of the High need sample scored within the cut-off at the post-treatment stage, and between 15% and 80% had shifted to a clinically significant degree.     

Maintaining change programmes for offenders: some suggestions for practice

Abstract

Despite the widespread acceptance that follow-up or maintenance sessions are an important part of the change process for those who have completed offender rehabilitation programmes, there have been few attempts to articulate the basis upon which such sessions might be developed. This paper reviews the current theoretical and empirical literature relating to maintenance programmes, concluding that whilst there are a number of theories which might be relevant to the design of effective maintenance programmes, there is almost no empirical basis from which to make any assessment of their likely value or effectiveness.     

Predictors of sex offender treatment dropout: psychopathy,sex offender risk,and responsivity implications

Abstract

We examined sex offender treatment dropout predictors, in particular, the relationship of psychopathy and sex offender risk to treatment dropout in a sample of 154 federally incarcerated sex offenders treated in a high intensity sex offender treatment program. Demographic, criminal history, mental health and treatment-related data as well as data on risk assessment measures including the Static 99, Violence Risk Scale – Sexual Offender version (VRS-SO), and Psychopathy Checklist – Revised (PCL-R) were collected. Logistic regression and discriminant function analyses were used to identify predictors that made significant and unique contributions to dropout among all the variables under study. The Emotional facet of Factor 1 of the PCL-R and never being married were found to be the most salient predictors of treatment dropout and correctly identified about 70% of the cases. The implications of the findings for managing treatment dropout and for the treatment of psychopathic offenders are discussed.