论激情犯不应作为法定量刑情节

激情犯,是指行为人因受外界的刺激,在极度强烈的情绪状态下实施的犯罪,包括社会激情犯和反社会激情犯,由于对反社会激情犯不能从宽处罚,而对社会激情犯从宽处罚已有相应规则可供适用.因此,规定激情犯没有必要.另外,没有适当的立法模式以及激情犯认定的困难,加上主观认定标准反而与规定激情犯原意背道而驰,故规定激情犯没有可行性.     

What’s Sex (Composition) Got to Do with It? The Importance of Sex Composition of Gangs for Female and Male Members’ Offending and Victimization

Sex composition of groups has been theorized in organizational sociology and found in prior work to structure female and male members’ behaviors and experiences. Peer group and gang literature similarly finds that the sex gap in offending varies across groups of differing sex ratios. Drawing on this and other research linking gang membership, offending, and victimization, we examine whether sex composition of gangs is linked to sex differences in offending in this sample, further assess whether sex composition similarly structures females’ and males’ victimization experiences, and if so, why. Self-report data from gang members in a multi-site, longitudinal study of 3,820 youths are employed. Results support previous findings about variations in member delinquency by both sex and sex composition of the gang and also indicate parallel variations in members’ victimization. These results are further considered within the context of facilitating effects such as gender dynamics, gang characteristics, and normative orientation.     

Ethical treatment of youthful offenders: Issues for psychologists

The treatment of youthful offenders in correctional settings presents psychologists with a range of challenging ethical concerns. The inherent discord between psychologically based goals and correctional objectives yields a complicated ethical landscape for clinicians. These concerns can be partially addressed through the APA's revised Ethical Principles of Psychologists and Code of Conduct (2010) and field-specific practice guidelines but also require extensive further guidance to ensure competent and ethical practice. This article analyzes current information about youthful offenders, outlines disparities in stakeholder goals, provides an overview of ethical considerations of treating youthful offenders in correctional settings, and offers recommendations for education and practice.     

PEDOPHILIA

Sex offenses against children are considered the worst of crimes, even among criminals themselves. Attitudes have changed from blaming the victim to holding the perpetrator responsible for the actions. The prevalence of such offenses continues unabated despite the stigma for the offender and the irreparable trauma to the victim. Society and the medical and legal communities have to present a more feasible definition of the problem, addressing specifically the acts that fall under the term of pedophilia . A plan needs to be formulated by various disciplines working together for the common goal of identifying the most effective method to deal with the victims and perpetrator and also to lower the incidence and recidivism rates. Different psychological and biological tests have been devised for investigations but fall short of the desired purpose. Various treatment modalities have been suggested and tried, but much work still needs to be done in that area.     

从监狱到社区——新加坡罪犯改造理论及实践介绍

如何改造罪犯,使其重返社会自食其力,是各国关心的一个重大问题。从1825年第一个简陋羁押场所到现在的功能齐全的樟宜监狱中心,新加坡监狱发生了巨大的变化。其罪犯改造理念也不断发展,监狱的职能由简单的关押、惩罚罪犯向帮助罪犯改造、重返社会转变,改造形式由封闭向半封闭及开放逐步过渡,社区在罪犯矫正中的作用不断得到强化。新加坡在罪犯改造方面的实践,特别是其以劳动技能培训、社区参与为核心实行的一系列具体措施及其执行方式能给予我国罪犯改造实践一些启发。     

Leisure Experience, Prison Culture, or Victimization? Sex Offenders Report on Prison Gambling

Opportunities for gambling in mainstream North American society have increased greatly over the past two decades. Despite the popularity of legalized gambling and attention it is receiving among social science researchers and economists, gambling within jails and prisons has been overlooked. This study utilized a semistructured interviewing procedure (Smith, 1995) to gain information about prison gambling from 11 sexual offenders on parole—all had spent significant time incarcerated. Qualitative analyses of responses suggest that offenders may gamble in various forms and for a variety of reasons, including a means of alleviating boredom, providing excitement and risk, and an opportunity to socialize. Prison gambling appears to be a complex phenomenon. A substantial amount of prison gambling seems to be associated with certain psychosocial benefits, while for a minority of cases there may be severe violence and victimization.     

试论刑法中的被害者过错制度

被害者过错问题是被害学理论中的一个关键问题。被害者过错问题的研究有着重要的刑法学意义,而这一问题虽已在不同程度上被各国刑法学界意识到,并在立法中有着片段性的反映,但问题没有被系统化地认识和规制。根据其对刑事事件发生的影响力大小及性质的不同,具体被害者过错可以被分为迫发行为、引发行为、激发行为和触发行为等几个层级,并和加害者刑事责任的大小呈反比对应关系。抽象被害者过错有着与此一致的道理。在刑法及一些相关法律中确立完整、系统的被害者过错制度,意义显著。     

论刑法中的连累犯

现行刑法中规定了一系列的连累犯 ,从表面上看此类犯罪的实行行为类似于某种犯罪的帮助行为 ,应以共犯论处。其实不然 ,连累犯虽与共同犯罪有一定程度的联系 ,却存在着质的差别 ,应区别对待。     

Developing a theory of dynamic risk

ABSTRACT

The Propensities Model is now the dominant applied conceptualization of dynamic risk factors for sexual offending. In this paper five important limitations of this model are identified: it asserts causality but does not explain it; it does not represent human agency; it offers no account of what is involved in the development of propensities; it does not explain stable change in risk; and its account of the operation of static factors is a theoretical leap not supported by the evidence. A more elaborate theoretical framework is developed by integrating ideas from Ward's Good Lives model, Beck's account of schema modes, and Fishbein and Ajzen's Theory of Reasoned Action. This more elaborate framework incorporates the Propensities Model in a way that mitigates its limitations. Implications for research, assessment, and rehabilitation are explored.     

The stop and think group: Changing sexually aggressive behaviour in young children

Abstract

Until recently, relatively little attention has been paid to young children who are sexually aggressive to other children. In this paper, cognitive-behavioural group techniques which have been used in the treatment of aggressive, impulsive behaviour in young children were applied in a small group setting to the sexually aggressive behaviour of pre-pubescent boys. The boys initially learned a ‘Stop and Think” model for general interpersonal problem-solving, which was then used to work on their difficulties with verbal and physical sexual aggression. Observation of the children's behaviour, reports from carers, school staff and social workers indicated that the group programme increased the children's ability to inhibit impulsive, aggressive behaviour. In the nine months after the group finished there were no known incidents of sexual aggression. In the context of certain limitations discussed in the paper, this positive outcome suggests that these methods have potential for reducing the likelihood of sexually aggressive behaviour becoming habitual.