对我国胁从犯制度的考量

我国刑法理论按作用标准划分了主犯、从犯、胁从犯三种法定的独立共犯人。对于胁从犯之说是否合理,学界存在争议。我国刑法中规定的“被胁迫参加犯罪”并不能成为胁从犯是法定独立共犯人的依据,它仅为一种共同犯罪的法定量刑情节。对于被胁迫参加犯罪的,应当按照行为人在共同犯罪中所起的作用,将其归入主犯或从犯加以处罚,在量刑时应当考虑＂被胁迫情节＂,以符合罪责刑相适应原则的要求。     

The Intensification and Bifurcation of Surveillance in British Criminal Justice Policy

This paper explores the relevance and applicability of recent theoretical developments in surveillance studies in the context of contemporary British criminal justice policy. It will be argued that surveillance now occupies a privileged position in official policy. In a raft of new policy initiatives undertaken either as part the general project to modernise the criminal justice system or in response to particular crises, the surveillant solution occupies the central stage. Thus, whether it be in response to anxieties over sex offenders, failures of social services in protecting children at risk, or the management of the prison population, for example, the policy response has been to increase the surveillance capacity of the state. In particular, in line with the new penology thesis we are witnessing an expansion of the generalised surveillance capacity, in relation to all citizens, which may be characterised as passive and reactive. Simultaneously, vestiges of the old criminology remain as an officially designated ‘hard core’ of persistent or problematic offenders subject to the full panoply of surveillance techniques, which are proactive, extensive and intrusive. Thus, we are witnessing both an intensification and a bifurcation of surveillance practice. This paper was prepared for the European Journal on Criminal Policy and Research special edition on Fear vs. Freedom post 9/11-The European Perspective.     

Using data on offender mobility in ecological research

This article presents some findings on neighborhood structure, police recorded crime, and offender mobility for the city of Utrecht, the Netherlands. The highest crime rates were found in the inner-city neighborhoods. The findings further show that the occurrence of different types of petty crime in residential neighborhoods is associated with different neighborhood characteristics. It was found that offenders reside predominantly in lower-social status neighborhoods. Using data on offender mobility it is shown that violent crime and vandalism are the more locally committed crimes, as compared to residential burglary and other property crime. Finally, it is proposed that data on offender mobility can be used to gain more insight into the link between certain neighborhood characteristics and crime.     

Juvenile sex offenders: a complex population

Individuals who engage in sexual offending behavior represent a heterogeneous population. Recent research has found some success in categorizing sexual offenders based on a number of variables, particularly the type of victim. For example, differences have been found between those offenders who victimize adults when compared with those who victimize children. However, the research in this area has been conducted predominantly with adult samples. As the adult sex offender literature has progressed, it has become evident that risk assessment, treatment effectiveness, and risk management are dependent on such offender characteristics. Unfortunately, the relevance to juveniles of characteristics deemed to be important with adult sex offenders is limited due to the complexity of developmental processes, particularly with respect to mental disorders and personality formation. As such, the formulation and implementation of treatment and risk management strategies that will be effective with juvenile sex offenders are challenging. The goal of this paper is to review some of the complexities inherent in the juvenile sex offender population by focusing on specific areas of complication, including: classification systems, comorbid paraphilias and other mental illnesses, and maladaptive personality traits.     

Sex of Spouse Abuse Offender and Directionality of Abuse as Predictors of Personal Distress,Interpersonal Functioning,and Perceptions of Family Climate

This study examines perceptions of personal distress, interpersonal functioning and family climate reported by men and women involved in unidirectional versus bidirectional spouse abuse. Participants were 7253 offenders treated by the USAF Family Advocacy Program from 1988 to 1996. Over a quarter of the sample is female and included among them were both unidirectional and bidirectional offenders. Grouping factors for the analysis are gender, directionality of aggression, history of abuse in childhood, history of recidivism, and severity of aggression. Females and offenders raised in abusive homes reported more negative perceptions across the measured spheres. Unidirectional abusers reported more personal distress, but bidirectional abuse had more conflicted family climates. Few differences were noted in offenders' perceptions based on the severity of their abuse or their history of repeat offenses. Tests for interactions yielded no reliable pattern indicating that grouping factors were related to outcomes in an additive fashion.     

Predicting the effect of substance abuse treatment on probationer recidivism

Support for the effectiveness of substance abuse treatment to reduce substance use and recidivism among populations supervised by the criminal justice system continues to grow in substance abuse and criminal justice literature. Recent studies show that a variety of programs including the Breaking the Cycle program and drug courts appear to result in improved outcomes for offenders. In this paper, we examine the effect of non-residential substance abuse treatment on arrest. Our data are for almost 134,000 ‘drug-involved’ individuals sentenced to probation in Florida between July 1995 and June 2000. Nearly 52,000 of these individuals received non-residential substance abuse treatment, while 81,797 did not. Our approach is a methodologically simple one that entails stratifying our data by treatment status, estimating logit and negative binomial models of arrest for each of the two datasets, and then applying each model to both datasets. This approach, which requires that both groups include subjects for whom treatment is appropriate, is analogous to using regression models to predict outcomes for new values of independent variables. For each observation in the dataset, we use the models to predict the expected outcomes for each individual under two scenarios – receiving non-residential treatment and receiving no treatment. Summing over these individual estimates provides an estimate of the total numbers of arrests that would be expected under different levels of population exposure to treatment. Results suggest that non-residential treatment reduced both the expected numbers of individuals who recidivated (i.e., were arrested) and the expected total numbers of arrests in the 12 and 24 months following placement on supervision.**RTI is an independent organization dedicated to conducting innovative, multidisciplinary research that improves the human condition.     

The impact of program developers as evaluators on criminal recidivism: Results from meta-analyses of experimental and quasi-experimental research

Using meta-analysis, we report on an investigation of the evaluator's influence in the treatment setting on criminal recidivism outcomes. Many evaluators and users of evaluation of social interventions worry that mixing of the roles of program developer and program evaluator may bias results reported in intervention studies in a positive direction. We first review the results of prior investigations of this issue across 50 prior meta-analyses, finding 12 that tested the impact of investigator influence in the treatment setting. Eleven of these reported that effect size increased positively, sometimes substantially so, when evaluators were influential or involved in the treatment setting. We followed this with a meta-analysis of 300 randomized field trials in individually focused crime reduction, also finding intervention studies in which evaluators who were greatly influential in the treatment setting report consistently and substantially larger effect sizes than other types of evaluators. We discuss two major views — the ‘cynical’ and ‘high fidelity’ theories — on why this is consistently the case, and conclude with a further agenda for research.     

牵连犯数罪并罚问题研究

牵连犯是我国刑法理论中的一种罪数形态,对牵连犯的处罚原则,一直是理论界和实务部门比较关注的问题.笔者通过对牵连犯及其数罪并罚原则在国(境)外刑法中的地位,以及对牵连犯从一重处罚或数罪并罚相结合的原则在我国刑法理论界的争论和当前立法与司法中的矛盾的分析,认为在我国应当确立统一的数罪并罚的牵连犯处罚原则.同时,笔者认为,为了对行为人准确定罪处罚,需要划清牵连犯与连续犯、想象竞合犯和吸收犯之间的界限.     

胁从犯问题研究

胁从犯是我国刑法中的特有概念,如何界定胁从犯的概念及其与从犯之间的关系,始终是共同犯罪理论中的一个有待深入研究的问题。此外,探究胁从犯的法理基础,揭示出胁从犯之所以获得宽缓处罚的理论根据,对于我们更好地在司法实践中处理胁从犯具有积极意义。