裸刑均值的意义

量刑的实际水平到底低于、等于还是高于法定刑轻重程度，是立法与司法之间诸多关系之一。以21省市77家法院7万多刑事裁量为样本进行观察，可以得出量刑的实际水平显著低于法定刑中线的结论。这个结论可引发一系列理论思考，并成为我国模范判例制度的依据之一。     

JUDGES' UNEQUAL CONTRIBUTIONS TO EXTRALEGAL DISPARITIES IN IMPRISONMENT*

How do judges in the same court system contribute differentially to extralegal disparities in sentencing? Analyses of felony sentencing in an urban Ohio trial court uncovered two distinct but equal-sized groups of judges that differed in the magnitude of extralegal correlates to imprisonment. Within the group of judges reflecting substantive extralegal correlates to prison sentences, demographic correlates (based on defendants' race, sex, age, and the interaction between them) were more pervasive across judges relative to social demographic correlates (based on education, residence length, and means of financial support). The directions of significant relationships involving a defendant's race, age, and means of support also were inconsistent across judges. These interjudge differences suggest that analyses of cases pooled across judges at either the jurisdiction or the state level might over- or understate the relevance of particular attribution theories of sentencing disparities.     

贪污罪量刑基准体系的构建及回归分析

应当根据刑法规定,通过贪污罪的犯罪结果与处刑数量之间的线性关系,把定量分析方法应用于贪污罪的处刑实践,并依此建立了贪污罪的量刑基准体系,以准确确定被告人应当承担刑事责任的数量,这样,可以减少司法实践中法官个体之间对贪污罪行为处刑的差异。     

对绑架罪法定刑立法规定之思考

绑架罪是我国1997年刑法增设的一项新罪,但其刑罚过严,量刑情节过于简单,且死刑适用情节不加区分,死刑适用绝对确定。因此,有必要从立法上完善对本罪法定刑的设置,增设必要的量刑情节,并以相对确定的法定刑取代绝对确定的死刑规定。     

认罪认罚案件量刑建议“分类精准”模式之提倡

量刑建议权是公诉权的应有之义,对于认罪认罚案件而言,检察机关提出精准量刑建议是量刑协商的根本要求,不仅不会侵犯审判权而且有利于审判权更加合理地行使,为实现审判中心主义创造条件,具有正当性基础。精准量刑建议包括确定量刑建议和"最小化幅度"量刑建议,按照认罪认罚案件的不同类型,遵循比例原则和诉讼经济原则之间的制约与被制约关系,并根据量刑建议精准化程度与程序简化力度之间成正比、与案件重大程度成反比的关系,构建出"分类精准"模式,分为速裁程序及有期徒刑三年以下简易程序案件的确定量刑建议、有期徒刑三年以上五年以下简易程序案件的确定量刑建议为主"最小化幅度"量刑建议为辅等五种类型。检察机关分类测算精准量刑建议时,在量刑基准上应坚持责任优先主义,根据行为的不法与罪责确定责任刑,并采取"点的理论"确定起点刑和基准刑,把认罪认罚作为独立的预防刑情节予以考量。通过建立与"分类精准"相适应的量刑指南、量刑协商、量刑建议说理、量刑调整等机制,提高量刑建议精准化水准。     

美国量刑理论中的关注焦点理论

关注焦点理论是美国刑事司法领域解释量刑差异的主流理论。该理论认为,法官和其他刑事司法系统的决策者在作出量刑决定时有三个关注焦点:罪犯的可谴责性、人身危险性,以及实践中的可操作性。由于法官在量刑时缺乏完整的信息,因此使用"感官速记"把对这三个焦点的关注转化为对性别、年龄、种族等表面信息的关注,导致"类案不同判"。对关注焦点的研究,在理论上有助于理解司法过程中量刑差异的产生原因,在实践中有助于解决量刑不规范的问题。通过介绍美国的关注焦点理论,以及这个理论框架下的实证研究和对关注焦点理论的评论,反思对我国量刑理论和实践的借鉴意义。     

Racial Disparities in Service Referrals for Families in the Child Welfare System

Among families in the child welfare system, family reunification depends largely upon the services to which families are referred. This study examines whether race/ethnicity influences the number and types of services to which families are referred. Findings suggest that compared to African American families, Hispanic families were more often referred to psychosocial services (e.g., mental health) than basic needs (e.g., housing). These findings indicate a need to reduce service referral disparities between ethnic groups.     

RACE,DRUGS, AND POLICING: UNDERSTANDING DISPARITIES IN DRUG DELIVERY ARRESTS*

This article draws on several unique data sources to assess and explain racial disparity in Seattle's drug delivery arrests. Evidence regarding the racial and ethnic composition of those who deliver any of five serious drugs in that city is compared with the racial and ethnic composition of those arrested for this offense. Our findings indicate that blacks are significantly overrepresented among Seattle's drug delivery arrestees. Several organizational practices explain racial disparity in these arrests: law enforcement's focus on crack offenders, the priority placed on outdoor drug venues, and the geographic concentration of police resources in racially heterogeneous areas. The available evidence further indicates that these practices are not determined by race‐neutral factors such as crime rates or community complaints. Our findings thus indicate that race shapes perceptions of who and what constitutes Seattle's drug problem, as well as the organizational response to that problem.     

Lay-Perspectives on Criminal Deviance,Goals of Punishment,and Punitivity

Empirical studies corroborate a relatively close relation between goals of sentencing and punitiveness. However, it is not clear what aspects of sentencing goals motivate harsh punishment. This study analyzes the structure of sentencing goals and scrutinizes in particular whether the idea of retribution is associated with punitiveness, or whether punishment considerations from a societal perspective (macrolevel) are the source of more punitive responses. A questionnaire was mailed to a random sample drawn in Bern, Switzerland. A total of 357 persons responded to items measuring constructs including goals of sentencing, punitiveness, target of justice considerations, and perceived threat to society, after reading one of three short stories about specific crimes (fraud, physical injury, assault). Results of this study reveal a two-dimensional structure of sentencing goals. One dimension represents readiness to punish and exclude the offender socially. The other dimension refers to concerns of the victim versus the needs of the society as a whole. The analysis provides a new interpretation of sentencing goals.     

SEX‐BASED DISPARITIES IN FELONY DISPOSITIONS BEFORE VERSUS AFTER SENTENCING REFORM IN OHIO*

Extending Koons‐Witt's (2002) study of whether sex‐based disparities in imprisonment likelihoods changed under sentencing guidelines in Minnesota, we examined similar models for Ohio with additional analyses of felony conviction likelihoods and sentence length for 5,472 felony defendants from twenty‐four trial courts. The main effects of a defendant's sex on imprisonment were significant during both periods (unlike the Minnesota findings), consistent with a chivalry perspective. Random coefficient models revealed that these effects were similar across the twenty‐four jurisdictions. Analyses also revealed significant postguideline reductions in sentence length disparities based on a woman's race and number of dependent children, yet increased disparities in imprisonment likelihoods postguidelines based on a woman's race and whether she was convicted on drug charges. These and other findings are discussed in the context of the Ohio legislature's implementation of a sentencing scheme that retains considerably more judicial discretion relative to Minnesota's template.