Victims Speak: Comparing Child Sexual Abusers' and Child Victims' Accounts, Perceptions, and Interpretations of Sexual Abuse

This article presents findings from a longitudinal study¹ that sought to evaluate a treatment program for child sexual abusers. A triangulated methodological approach was adopted drawing upon quantitative and qualitative methodological techniques. The focus here is upon one element of this research.² Ninety-one in-depth interviews were conducted over a four-year period with a small, nonrandom sample of twenty-one male offenders who had been convicted of sexual offenses against children. All of the men were subject to probation orders with a psychiatric condition (Criminal Justice Act, 1991). One of the aims of this element of the research was to explore the extent to which evidence of denial could be found in offenders' accounts of offense circumstance and also to explore the extent to which offenders minimized the nature and extent of abuse perpetrated. Offenders' accounts of offense circumstances were compared to victim statements, and stark differences emerge. These findings have considerable implications for treatment practice with sex offenders, where victims' perceptions could be used to directly confront offender denial and minimization.     

Intimate femicide in Israel; temporal, social, and motivational patterns

This study investigated all (76) cases of intimate femicide (the killing of women by their intimate male partners) in Israel during the years 1990–1995. The analysis focused on temporal patterns, the representation of various population groups, and given motives. The findings show a relationship between the incidence of intimate femicide and a number of major events/processes experienced by Israeli society during the period investigated. Following the Persian Gulf War (in 1991), during which families were enclosed for lengthy periods in sealed rooms, there was a sharp increase in intimate femicide. On the other hand, the enactment of the Law for the Prevention of Family Violence in 1991 was followed by a sharp (though temporary) decrease in intimate femicide in 1992. New immigrants from the former Soviet Union and even more so, from Ethiopia were over-represented among intimate femicide offenders. In most cases, more than one motive is given for the intimate femicide, with 'possessiveness' being mentioned in the majority of cases usually in conjunction with other motives (such as argument/conflict between the parties, mental, drinking or drug problems of the offender). Here too, differences were found between the various population groups. The findings are discussed within the framework of a stress-support theoretical model which postulates that violence in society will be positively related to stress factors and negatively related to support systems.     

论牵连犯的处罚

司法实践中 ,牵连犯的认定和处罚涉及犯罪停止形态的变化、追诉时效的中断、新旧刑法交替等因素 ,应立足于相关立法及现有理论成果予以完善。     

宽容刑事观下的我国未成年犯保护处分制度检视

对于未成年人犯罪和不良行为,我国并不正式地存在国外通行的保护处分制度,但具有类似的一些基本形式,包含在收容教养、劳动教养、收容教育、强制戒毒、工读学校、非刑处置和行政处罚等制度中。在当代惩罚向矫正发展的历史背景下,基于"刑罚后撤,保护处分前进"的平台,对我国未成年犯保护处分制度作一系统性整合基础上的规范化构建是相当有社会意义的,这种构建可从未成年犯保护处分的定性、类型、司法裁判机关及该制度和前科消灭的关系等方面加以展开,我国未成年犯保护处分需依赖于刑法宽容精神的倡导,惩罚在自我否定意义上成就了宽容刑事观的胜利。     

罚金刑适用疑难问题探析

只有当犯罪分子行为时的经济情况能够作为犯罪情节之一的时候,才可以考虑其对罚金数额的影响。对未成年罪犯适用罚金刑,更有利于发挥刑罚的价值,但应尽可能地在罚金数额上予以减免。司法实践中虽然存在着不少"先缴后判"的做法,但该做法并不正当,缺乏明确的法律依据,甚至也缺乏司法解释的肯定。     

论轮奸的复行为理论与共同正犯说

在我国刑法中，轮奸被定位为强奸犯罪的一种加重情节，而非独立的罪名。因强奸犯罪属复行为犯，复行为中的强制行为之上可成立共同正犯，而奸淫行为具有亲手性和排他性，故不能成立共同正犯，各犯罪人只能轮流地、各自地实施奸淫行为。轮奸不是典型意义上的共同正犯，而是数个独立意义上的强奸犯罪之叠加，也只能在宏观上被拟制成为“共同正犯”，即多犯罪人“在实现各自轮流奸淫被害人的目的支配下”通过参与实施“团体性”强制行为而实现每个犯罪人对被害人的奸淫行为。     

刑事和解实务的经济分析

我国新《刑事诉讼法》以立法的形式明确了刑事和解的基本程序和要求，为多年来司法实践中广泛开展的刑事和解工作提供了法律依据。刑事和解在贯彻宽严相济的刑事政策、创建和谐社会等方面有着重要的意义，同时其符合刑法民法化，构建多元纠纷解决机制等现代司法改革发展的方向。但实践中刑事和解开展更多是符合“成本收益”计算的经济学规律，我们应当充分认识和解过程中的经济运行原理，从而更有效地运用好刑事和解，使其为社会创造更多“福利”。     

义务犯的正犯原理

义务犯是一种有别于支配犯的独立正犯形态。义务犯之义务是一种专属于义务主体的积极义务,该义务未必是来自于刑法之外的先刑法义务。一方面,义务犯具有独特的理论价值：一是能够克服传统理论对身份犯处理的误区,并赋予身份性构成要件以特殊的地位;二是弥补传统支配犯理论在处理不作为犯上的不足,并为解决不作为犯中的理论难题提供完善的解决方案。另一方面,为了防止义务犯走向过度保护法益的消极面,也要对义务犯的适用空间进行合理限缩。     

Sexual offenders with serious mental illness: prevention, risk, and clinical concerns

Individuals with serious and persistent mental illness who have also engaged in illegal sexual behavior present a unique challenge for our legal and clinical systems. Frequently, these individuals may engage in problematic sexual behaviors which result in hospitalization rather than incarceration, and an overburdened and resource-deficient public community mental health system is ill-equipped to address the seriousness of these sexual behaviors. We have a rather limited understanding of how prevention programs, intervention strategies, and risk assessment would work with this population. Here we evaluate data from a sample of 245 inpatient psychiatric sexual offenders in a forensic mental health setting and compare these with what information has already been presented in some of the literature. Through an examination of seriously mentally ill sexual offenders and their clinical presentation, legal history, and risk management concerns, we illustrate a variety of tertiary prevention needs. Future directions in the area of prevention and risk management for seriously mentally ill sexual offenders are also discussed.     

Forensic psychiatry in China

This article reviews the legal basis for the development of forensic psychiatry in China, the organization of clinical assessments, and training of forensic psychiatrists. Regulations for the management of patients in Ankang hospitals and the role of forensic psychiatrists within the Criminal Justice system are described. The primary role of forensic psychiatrists is to provide expert opinions on competence to stand trial and criminal responsibility in criminal cases. They are increasingly involved in civil court proceedings and tribunals at the request of a range of official agencies. The clinical cases assessed by Chinese forensic psychiatrists are very similar to those of their counterparts in Western countries, but the organizational and legal framework for these assessments reflects a very different system that has evolved independently.