累犯的前提条件：犯罪还是刑罚？——对《刑法修正案（八）》第6条的解读

《刑法修正案（八）》第6条的用语特征能引发我们反思通说对累犯前提的界定。通过语义分析,《刑法》第65条的＂但书＂仅对后罪起限制作用。从实质层面分析,主观恶性、人身危险性都不是累犯的本质特征,累犯的本质在于行为人的自由刑钝感。因此,累犯前提条件的重心是受刑的经历,累犯并不关心前罪的罪责类型与主体年龄。作为过失犯罪或未成年人犯罪结果的刑罚执行,也可以作为累犯的前提。     

《刑法》第356条之法律性质与适用问题

我国《刑法》第356条是对毒品犯罪的相关规定,刑法理论界对该条的性质是毒品再犯还是特殊累犯持有不同看法,导致在法律适用上存在困惑。从立法意图、法律条文的表述以及该条文在刑法典中的位置来看,认为其是"法定的再犯"更为合理。对该条在数罪并罚情形中以及与《刑法》第65条发生竞合时如何适用法律,应该分析具体情况,适用不同法条。     

Latent Profile Approach to Duration of Stalking

Abstract: Stalking behavior and victim–stalker relationship are often the principal known factors in a stalking case. Thus, they are of great importance when trying to identify factors contributing to stalking duration. The present study aims to identify distinct subgroups of stalking victims based on measures of behavioral stalking dimensions. These victim subgroups, stalking dimensions, and victim–stalker relationship are examined in relation to stalking duration. Using a sample of 137 university students, latent profile analysis (LPA) revealed five distinct victim subgroups based on stalker behavior dimensions: surveillance, low‐profile, social lurker, wide scope, and baseline stalkers. The subgroups were significantly related to stalking duration and explained a considerable amount of the variance along with the stalking dimensions and victim–stalker relationship. Connections to stalking literature and utility of person‐orientated methods in stalking research are discussed.     

The Static-99R predicts sexual and violent recidivism for individuals with low intellectual functioning*

A current debate is whether actuarial risk assessment tools predict sexual recidivism in sexual offenders with intellectual disabilities (SOIDs). Since intellectual functioning exists on a spectrum, the present study examined the predictive validity of the Static-99R across the range of intellectual functioning. The sample was comprised of 454 adult sexual offenders assessed at an outpatient clinic and followed for an average of 10 years. Offenders in the extremely low/borderline group had higher scores on the Static-99R than other offenders, largely due to their score on the detachment subscale of the Static-99R, but did not have significantly higher recidivism rates. Calibration analyses suggested that the expected and observed recidivism rates did not differ significantly. Intellectual functioning did not add incremental validity to the Static-99R. Further, there was no interaction between intellectual functioning and actuarial risk score. The results suggested that the Static-99R can be used across the range of intellectual functioning, albeit somewhat more cautiously for those at the lowest and highest end of the intellectual functioning distribution.     

Risk-Need-Responsivity applications of the MMPI-2 in sexual offender assessment

The present investigation examined the risk, need, and responsivity (RNR) correlates of MMPI-2 scores in a Canadian sample of 349 federally incarcerated sex offenders, followed up prospectively 19 years post-release. In terms of responsivity indicators, more serious profile patterns were associated with younger age, single marital status, lower education, and lower cognitive ability; the scales generally had weak associations with sex offender treatment completion or change. With respect to criminogenic risk and need, Scales F, 4, 6, 8, and 9 and combinations therein had significant associations with structured measures of sex offender risk, and in turn, consistently predicted sexual or violent recidivism over 5 and 10-year follow-ups. Several of these predictive associations were maintained even after controlling for static and dynamic risk factors. Finally, model based clustering of the MMPI-2 scales generated three clusters termed disordered, emotionally distressed, and predominantly antisocial (non-disordered) subtypes. Although comparatively higher rates of violent recidivism were found with the disordered subtype, this group did not have higher levels of risk and need, broadly speaking, than the other subtypes. The RNR implications of the results are discussed in terms of forensic applications of MMPI-2 with sex offender populations.     

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.     

Framing and perceptions of stalking: the influence of conduct severity and the perpetrator–target relationship

Research has demonstrated that the way in which questions are presented (i.e. framed) has the capacity to influence responses to subsequent questions. In the context of stalking, perception research has often been framed in terms of whether or not particular behaviours constitute stalking. The current research investigates whether the framing of the opening question (question frame), conduct severity and the perpetrator–target relationship influence perceptions of stalking. Two studies employed experimental 3×3 independent factorial designs: one to examine question frame and conduct severity, the other to examine question frame and the perpetrator–target relationship. Participants in both studies (total N=449) were presented with vignettes and asked to answer six questions relating to the behaviour described. Question frame was found to impact on the classification of behaviour, with a greater proportion of participants indicating that the behaviour represented harassment or stalking rather than an illegal act. Consistent with previous research, conduct severity and the perpetrator–target relationship influenced perceptions of stalking. However, there was no evidence to suggest that the framing of the opening question influenced these perceptions. The implications of these findings for previous perception research are discussed.     

The predictive and convergent validity of a psychometric battery used to assess sexual offenders in a treatment programme: an 18-year follow-up

Abstract

This study examined sex offender risk and treatment change based on a battery of psychometric assessment measures administered to 267 treated adult Canadian federal sex offenders followed up an average 18 years post release. Several significant pre–post changes that were frequently moderate in magnitude (d>.50) were observed across these measures. A factor analysis of the psychometric battery generated three broad need domains consistent with the extant literature that were labelled Socioemotional Functioning, Anger/Hostility, and Misogynist Attitudes. The three need domains and a Need Total, created by their summation, converged with the Violence Risk Scale—Sexual Offender version (VRS-SO; Wong, Olver, Nicholaichuk, & Gordon, 2003) in conceptually meaningful ways and predicted sexual and violent recidivism to varying degrees. Raw measurements of change obtained from pre-to posttreatment frequently bore weak and non-significant relationships to outcome. However, after creating standardised residual change scores to control for pre-treatment score, treatment changes in the individual measures, need domains and Need Total improved significantly in their prediction of reductions in general and sexual violence.     

Some notes on the validation of VRS-SO static scores

ABSTRACT

The present study was a psychometric examination of Violence Risk Scale-Sexual Offender version (VRS-SO; Wong, S., Olver, M. E., Nicholaichuk, T. P., & Gordon, A. (2003 Wong, S., Olver, M. E., Nicholaichuk, T. P., & Gordon, A. (2003). The violence risk scale: Sexual offender version (VRS-SO). Saskatoon: Regional Psychiatric Centre and University of Saskatchewan. [Google Scholar]). The violence risk scale: Sexual offender version (VRS-SO). Saskatoon: Regional Psychiatric Centre and University of Saskatchewan) static item scores in a Canadian multisite sample of 668 treated adult male sexual offenders. Exploratory factor analysis (EFA) of 13 nonredundant Static-99R and VRS-SO static items generated three factors labelled Youthful Aggression, Sexual Criminality, and General Criminality. The factor and total scores converged with Static-99R and VRS-SO dynamic factor scores. Scores on the VRS-SO static items, EFA-derived factors, and total score each significantly predicted 5- and 10-year sexual, violent, and general recidivism through ROC analyses. Cox regression survival analyses showed all three factors uniquely predicted sexual recidivism to varying degrees in the overall sample; however, only Youthful Aggression and General Criminality uniquely significantly predicted violent and general recidivism in the overall sample and among sexual offender subgroups. Implications for theory, clinical practice, and instrument refinement are discussed.