看守所教育感化在押人员的新思路——以湖北省荆门市看守所为例

看守所作为国家刑事羁押机关,性质特殊、责任重大,务必牢固树立以人为本理念,更加注重文明管理、人性化管理,努力把监管工作的过程变成教育人、感化人、挽救人的过程,变成展示法治文明、维护公平正义、促进和谐稳定的过程。只有从观念转变开始,采取实实在在的教育感化措施,才能既确保在押人员的基本人权,又实现挽救人的目的。     

Low-Level,but High Speed?: Assessing Pretrial Detention Effects on the Timing and Content of Misdemeanor versus Felony Guilty Pleas

Abstract

While numerous studies have examined pretrial detention and felony case outcomes, little empirical attention has been devoted to misdemeanor pretrial detention. We theorize that misdemeanants detained for a longer proportion of time will plead guilty quicker because the costs of fighting their charges in jail often outweigh the sanctions they face. Utilizing data on 165,630 felony and misdemeanor cases from Miami-Dade County, Florida, during a 4-year period (2012–2015) we assess whether the effects of pretrial detention length on the timing and content of guilty pleas differ across lower-level and upper-level courts. Survival analyses and multinomial logistic regressions indicate that misdemeanor cases overall and those involving lengthier pretrial detention are resolved faster, with most resulting in non-carceral sanctions such as credit for time served (CTS). Given that misdemeanors make-up the bulk of U.S. criminal cases, these findings reveal important insights about how pretrial detention impacts case-processing dynamics in lower courts.     

论新刑事诉讼法视阈下看守所归属问题

我国新刑事诉讼法中对看守所的职能定位有了进一步的明确与完善,但对看守所隶属调整问题并未涉及。为了适应新刑事诉讼法的总体要求,管理看守所的上级部门分别从羁押理念、羁押管理、羁押形态、羁押目标等四个方面进行调整。但以上调整举措治标不治本,无法根除看守所现有弊病。因此,把看守所划归司法行政部门才是解决问题的根本之道。     

Notes on the Canadian exception: security certificates in critical context

This paper attempts to place the Canadian security certificate program in critical context. The program is a mechanism of arbitrary detention targeted to non-citizens the state has certified as ‘threats’ to national security. As a mechanism of arbitrary detention the program fully locates Canadian policies inside of, and not in some manner external to, the worst abuses and ‘exceptional practices’ associated with the ‘global war on terror’. To place this program in critical context, the author draws upon the notion of ‘exception’. Although the security certificate program does invoke an exceptional practice in the terms made legible in recent discussions in critical security studies, it also points to ways in which critical discussions of ‘exception’ might be deepened and complicated. To this end, the paper put forwards the notion of the ‘legal complex’ to highlight the mundane and often contested ways in which the exception is invoked to certify which racialized bodies might be governed as political citizens and which will be governed as ‘bare life’.     

The Effects of Legal and Extralegal Factors on Detention Decisions in US District Courts

The Bail Reform Act of 1984 changed the law dictating release and detention decisions in federal court. Since its passage, few studies have examined judicial decision-making in this context. Legal research enables us to account for the structure and interpretation of federal detention laws and to analyze previously neglected measures of legal factors in our analyses. We use US Sentencing Commission data on a sample of defendants who were sentenced in 2007 (N?=?31,043). We find that legal factors—particularly length of criminal history, having committed a violent or otherwise serious offense, and having committed the offense while under supervision of the criminal justice system—have the strongest relationships with the presentence detention outcome. A defendant’s age, race, and ethnicity have weaker relationships with detention. When we compare defendants who are similarly situated with respect to legal factors, the probability of detention is similar regardless of age, race, and ethnicity.     

Why Sex (Offending) Is Different

The central premise is that a significant amount of sex offending stems from unusual or inappropriate sexual preferences that appear in early adolescence, are relatively stable, and immutable. In those ways, they are like more ordinary sexual preferences, generating sexual impulses that are insistent. Individuals are strongly tempted to act on them, alternatives to satisfying them are unfulfilling, and complete long-term control of such impulses is unlikely. Yet, since individuals with sexual preferences for inappropriate objects or activities are neither morally nor legally permitted to act on them, they find themselves in a terrific bind. The public is, to some extent, correct to not trust the individuals with such preferences and to attempt to monitor or control them. However, most such efforts appear ineffective and counterproductive. Recidivist sex offenders are particularly worrisome. The possibility of voluntary castration for such offenders, in lieu of preventive detention or other more restrictive measures, is explored.     

Punishing the Innocent: Children of Incarcerated and Detained Parents

Abstract

About 2 million minor children in the U.S. have at least one parent incarcerated for criminal offenses. There are about 33,000 undocumented persons detained by Immigration and Customs Enforcement in jails and federal detention centers around the country, and 79% of the minor children of these detainees are U.S. citizens. There are few government programs that measure and respond to the harm caused to these children by the incarceration and detention of their parents, and the negative effects on these children are largely ignored in public policy debates about incarceration and immigration detention. I argue that we have an obligation to these children based on (1) the special status of children, (2) the harm caused to children by the arrest, detention and incarceration of their parents, (3) current incarceration and detention policies even in the presence of alternatives that would, on balance, create less harm.     

“She's Way Too Good to Lose”: An Evaluation of Honolulu's Girls Court

This research evaluates the efficacy of a gender-specific, problem-solving court for girl offenders. Official statistics, interview data, and focus group data are utilized to determine whether the court is achieving its stated goals of reducing recidivism, risky behaviors, and confinement for the girls who attend this court program. The present research demonstrates that the program does seem to be effective in terms of reducing both recidivism and risky behavior as well as increasing the development of prosocial and healthy relationships. The article concludes with some lessons learned from the implementation of this court program as well as ideas for future research.     

新时期看守所“牢头狱霸”治理对策

当前我国处在社会主义初级阶段全面建设小康社会的历史新时期,看守所羁押形势和“牢头狱霸”活动方式和行为特征出现新变化.预防看守所“牢头狱霸”要全面落实《看守所防范和打击牢头狱霸”十条规定》,贯彻直接管理原则,实行监管民警交流轮岗等;打击处理“牢头狱霸”活动要做到打“早”、打“小”,坚持区别对待、宽严相济,实行心理矫治、寓教于管,加强队伍管理,实现标本兼治.     

逮捕（羁押）风险控制论——对刑事诉讼中的诉讼危机预防和人权危机排除

区别重罪案件和轻刑案件进行逮捕（羁押）的风险控制，在我国具有很强的现实意义。国外对逮捕（羁押）的风险控制的立法和实践值得借鉴。对逮捕（羁押）危机状态的量化评价，在帮助我们改善逮捕（羁押）滥用、盲目的状态和优化风险控制方面，有着相当积极的作用和良好的发展前景。