金融风险防范视野下我国金融刑法创新研究

金融风险是影响金融安全的一个重要因素,当金融风险积聚到一定程度并发生恶性连锁反应时就会爆发金融危机,因此,建立抵御金融风险维护金融安全的法律制度尤为重要,而金融刑法作为金融风险防范的最后一道制度屏障,在抵御金融风险维护金融安全中起着重要的作用。为此,有必要从金融风险防范的角度审视我国金融刑事立法在抵御金融风险方面的诸多缺陷,从加强金融风险防范的功能出发,创新我国金融刑事立法,充分发挥金融刑法在创新金融体制和防范金融风险中的功能与作用。     

历史·范式·结构:犯罪学中的风险开示

在20世纪末,风险已成为占据主要支配力的问题处理方式。对于犯罪学来说,关于风险的争论已经贯穿在研究的全部范畴内。犯罪学中的风险理论经历了从隐性到显性的知识发展。在犯罪控制范式转变中,风险的规制、维控与治理与犯罪的预防、控制与治理分别对应而形成了以回抗、维控、化解风险压力为导向的控制结构。同时,作为犯罪控制结构要素的控制主体、控制措施与控制客体的任一环节的自反性都将使犯罪控制的运行超出设计初衷而出现风险性。犯罪学中的风险理论是犯罪学与风险学科的交叉研究理论,也存在由于风险的不确定性在犯罪治理中的适用所引发的一系列争议性问题。由此,风险议题在解决我国司法实践难题时显得尤为重要。     

浅谈食品安全风险评估机构独立运行的必要性

目前,我国风险评估机构属行政序列,其评估工作不能独立、科学的运行,导致食品安全风险预警职能无法发挥,食品安全事故频发。食品安全风险评估机构有独立运行的必要性,为实现食品安全风险评估机构独立运行,应列入人大序列进行理论探讨,以求为实践提供借鉴。     

What do prisoners want? Current concerns of adult male prisoners

Abstract

Recently, positive approaches to offender rehabilitation, focusing upon offenders’ strengths, have gained prominence. Proponents have criticized existing rehabilitation models as focusing too much on offenders’ deficits. Goal perspectives, which provide a structure for therapy, may unite these two approaches. The Personal Concerns Inventory: Offender Adaptation (PCI:OA) is a semi-structured interview that identifies offenders’ current concerns or goals. The goals identified by a sample of 129 convicted adult male prisoners are reported here. A range of positive, anti-criminal goals were expressed, including stopping offending, improving self-control, finding and keeping jobs, having stable accommodation, quitting drink and drugs, changing support networks, and finding new leisure pursuits. Furthermore, prisoners expressed life-enhancing goals, such as improving their lifestyle, gaining work experience, having good family relationships, gaining skills, and getting fit and healthy. The PCI:OA may prove useful as a motivational procedure, a basis for developing positive, goal-focused interventions, and a tool for outcome evaluation.     

Measuring public perceptions of sex offenders: reimagining the Community Attitudes Toward Sex Offenders (CATSO) scale

The Community Attitudes Toward Sex Offenders (CATSO) scale is an 18-item self-report questionnaire designed to measure respondents’ attitudes toward sex offenders. Its original factor structure has been questioned by a number of previous studies, and so this paper sought to reimagine the scale as an outcome measure, as opposed to a scale of attitudes. A face validity analysis produced a provisional three-factor structure underlying the CATSO: ‘punitiveness,’ ‘stereotype endorsement,’ and ‘risk perception.’ A sample of 400 British members of the public completed a modified version of the CATSO, the Attitudes Toward Sex Offenders scale, the General Punitiveness Scale, and the Rational-Experiential Inventory. A three-factor structure of a 22-item modified CATSO was supported using half of the sample, with factors being labeled ‘sentencing and management,’ ‘stereotype endorsement,’ and ‘risk perception.’ Confirmatory factor analysis on data from the other half of the sample endorsed the three-factor structure; however, two items were removed in order to improve ratings of model fit. This new 20-item ‘Perceptions of Sex Offenders scale’ has practical utility beyond the measurement of attitudes, and suggestions for its future use are provided.     

The observation of mental disorder and dangerousness in arsonists: a contemporary appraisal of changes in Dutch forensic mental health cases

In the Netherlands pre-trial forensic mental health assessments are conducted to examine whether a mental disorder was present at the time of the offence that affected the free will of a person, in which case criminal accountability is considered diminished or absent. This study aims to investigate societal changes over time in forensic mental health recommendations in arson cases. Seventy-two reports of male arsonists assessed in 1950–2010 were included in this study, 36 arsonists were assessed in the first time period (1950–1979) and 36 in the second period (1980–2010). Results show an association between DSM classification and the conclusion on criminal accountability only in the first period and an association between recidivism risk and the forensic mental health recommendation only in the later period. It is concluded that mental disorder was of greater influence on the conclusion on accountability in the first time period, whilst dangerousness played a more important role on the forensic mental health recommendation in the later time period. Our findings reflect a shift from paternalistic principles to principles of risk control and show that societal changes influence the field of forensic mental health.     

Sexual and violent recidivism by offender type and actuarial risk: reoffending rates for rapists,child molesters and mixed-victim offenders

Abstract

The current study examines sexual and violent reoffence rates for a sample of 2474 sexual offenders over an average of 15 years following release from prison. Reoffence rates are reported as a function of the offenders' victim type and level of risk as assessed by the Automated Sexual Recidivism Scale, a computer scored measure of relevant historical risk factors. Observed sexual recidivism rates for offenders with child victims, adult victims, and mixed victims were quite similar. Results indicate that offenders with exclusively female child victims not only showed a lower rate of sexual reoffending, but that the reoffence rates were relatively low across all levels of actuarial risk. In contrast, those with male child victims and adult victims showed a pronounced escalation of reoffence rates as actuarial risk increased. Results also indicated that adult victim offenders are less consistent in the victim type of their reoffences, with 37% sexually reoffending against child victims. Finally, combined rates of sexual and violent reoffending were particularly high for those with adult victim sexual offence histories. Risk assessment and public policy implications are discussed.     

Gender effects in eyewitness accounts of a violent crime

Abstract

This research examined two aspects of gender effects in eyewitness accounts: whether there are gender differences in memory for a violent crime and how gender of perpetrator/victim affect witnesses' evaluations of perpetrator/victim behavior. Eighty male and 84 female university students saw a film showing a simulated manslaughter with either a male or female perpetrator stabbing a male or female victim. A female advantage was found in overall memory of the crime, and both a male perpetrator and a male victim were assigned more culpability than their female counterparts. It is suggested that females may have more elaborated categories for person information than males, which should facilitate female accuracy in person memory. Alternatively, the present findings may reflect a more general female advantage in episodic memory performance. Stereotype assimilation is suggested to account for the differential evaluations of a male and female perpetrator/victim.     

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.