袭警罪中“暴力”的法教义学分析

自《中华人民共和国刑法修正案(十一)》实施以来,全国各地的袭警罪首案频发。司法实务人员对袭警罪中"暴力"的理解泛化以及入罪门槛过低,导致袭警罪大有成为我国继醉驾犯罪之后第二大犯罪的趋势,如何理解袭警罪中的"暴力"因此成为理论和实务中的难题。结合我国司法实务中部分地区发生的袭警罪的典型首案,根据刑法中"暴力"的含义以及袭警罪"暴力袭击"行为的规范内涵,袭警罪中"暴力"的性质仅限于"硬暴力"而不包括"软暴力";暴力的发生仅限于突袭性而不包括缓和及具有预见可能性的非突袭性暴力,暴力突袭性的具体特点包括突发性、瞬时性和意外性;根据袭警罪侵害警察人身安全、妨害公务正常执行从而侵犯公共秩序法益之逻辑关系,以及构成要件符合性与保护法益之间的共通性,应联系暴力袭警行为及其结果,通过法益甄别值得处罚的暴力袭警行为,从而将不具有可罚性的暴力袭警行为排除在刑法的适用范围之外。     

暴力犯罪的媒体诱因与对策反思——规避模仿示范效应的新路径

媒体对暴力犯罪的不当报道,会对潜在犯罪者起到模仿示范效应。鉴于新闻传媒客观、如实反映事件的职业伦理,其应当于公众知情权与犯罪预防间寻求平衡。但此种平衡未必尽然体现为“冷处理”式的抑制,必要时,在恪守媒体报道“绝对禁区”的前提下,适度地对特定暴力犯罪予以“热处理”,不仅是无害的,而且,其本身即为规避模仿示范效应的另一种至关重要的途径。     

暴力型罪犯在改造中的特点及改造对策

近年来,我国暴力犯罪的数量不断增多,给社会稳定和人民群众生命财产安全造成了极大的威胁。监内押犯中暴力型罪犯所占的比例日趋加大,已成为影响监管安全的主要隐患。加强对暴力型罪犯改造特点及对策的研究,对提高改造质量,具有极为重要的意义。     

Analyzing Multiple-Item Measures of Crime and Deviance I: Item Response Theory Scaling

Multiple-item measures of self-reported offending typically provide the principal outcome measures for individual level research on the causes of crime and deviance. This article directs attention to the substantial problems presented by the task of forming composite scores for these measures, and it presents a possible solution to those problems. We consider scaling by means of the graded response model from item response theory (IRT) as a potential means of overcoming the shortcomings of traditional summative scaling and of obtaining valuable information about the strengths and weaknesses of our measures. We illustrate this strategy through a scale analysis of a fourteen-item, self-report measure of delinquency, using three years of data from the Monitoring the Future study, an annual national survey of high school seniors. The graded response model proves to be consistent with the data, and it provides results that address important substantive questions about self-report measures. The findings are informative about the strengths and weaknesses of alternative strategies for developing self-report instruments, indicating that there is little to be gained by making fine distinctions in the frequency of individual delinquent acts.     

Trends in the management of registered sexual offenders across England and Wales: a geographical approach to the study of sexual offending

Abstract

Social scientists, and geographers in particular, have long been interested in examining spatial patterns of offending in order to generate a “geography” of crime and criminality. This paper examines what value, if any, a geographical approach to the study of sexual offending might offer. Utilising published official data from England and Wales it presents for the first time geographical analyses of the registration, risk assessment and management of Registered Sexual Offenders (RSOs) across 42 Multi-Agency Public Protection Arrangement (MAPPA) areas. In doing so it considers and evaluates the methodological issues pertaining to the use of such data and such a geographical approach. We conclude that geographical interpretations of both the incidence of RSOs and the rates of risk allocations between MAPPA areas provide valuable insights and raise new questions about the way in which RSOs are managed nationally and are thus worthy of further exploration.     

Sexually violent predators and civil commitment: is selection evidence based?

Sexual offenses represent an alarming proportion of crimes committed yearly. To address these concerns, several states, including South Carolina (SC), have enacted laws requiring sexually violent predators (SVPs) to be civilly committed to treatment. To date, no published study has examined sexual offenders recommended for treatment in SC. This study used a specially designed statewide database (SC-SVP research database) to determine which offender and offense characteristics were associated with increased likelihood of being recommended for civil commitment. Factors correlated with being more likely to be recommended included: being of a younger age at time of evaluation, prior sex convictions, having related and unrelated victims, a higher number of victims, frequent substance use, and a history of suicide attempts. Prior sex convictions, having both related and non-related victims, and a higher total number of victims align with characteristics associated with sexual recidivism. Frequent substance abuse and a history of suicide attempts do not mirror previous findings regarding sexual recidivism. These findings present new information regarding the civil commitment process of offenders being committed to the SC-SVP treatment program, characterize types of offenders committed to SC-SVP treatment program, and provide a foundation for using a computerized database in conducting sex offender research.     

GENERAL ASSESSMENTS AND THRESHOLDS FOR CHRONIC OFFENDING: AN ENRICHED PARADIGM FOR EXPLAINING CRIME

General assessments refer to individuals’ overall judgment of their standing on broad dimensions that have special relevance for the explanation of crime, such as their overall bond to society or their prospects for success. These assessments are partly a function of the independent variables that are commonly considered in contemporary crime theories and quantitative research. But these standard etiological variables are far from fully determinative of general assessments because individuals differ in how they interpret, weigh, and combine their standing along these variables. The social–psychological factors that affect the subjective judgments underlying general assessments have yet to be theorized in any comprehensive, systematic manner. Nevertheless, we hypothesize that the incorporation of general assessments in models of offending will greatly enhance their explanatory power because these assessments are the most proximate, comprehensive, and personally relevant causes of crime. Moreover, we anticipate that once these assessments reach certain threshold levels, such as the view that bonds to society are severed irreparably or success is beyond reach, they result in a nonlinear jump in the frequency, seriousness, and duration of offending (i.e., chronic offending). A consideration of general assessments and their associated thresholds should therefore substantially improve efforts to explain crime.     

BACK HOME

正Chinese workers evacuated from Viet Nam—where violent anti-China protests were underway—disembark at Haikou,capital of south China’s Hainan Province,on May 20.More than 3,500evacuated workers arrived there after travelling 20 hours aboard four ships that were chartered by the Chinese Government.     

意义、价值与暴力性私力救济的发生——基于对行动的主观维度考察

人们的行动不是基于单纯的手段-目的理性,也不会完全受到结构性约束之摆布。通过对纳西族社会中发生的“殉情”历史事件、彝族的“死给”制度等个案考察,将表明暴力性私力救济的发生不仅和规则、资源、现有的纠纷解决机制等社会的客观维度有关联,它还与人们关于生活意义的思考、信仰和价值等主观方面有关系。人们的信仰、价值、意义追寻促成了暴力性私力救济。暴力性私力救济不能完全被消除,只能被限制和减少。但是,治理暴力性私力救济不能从强制改变人们的主观信念入手,只能着手于制度建构,消除引发暴力性私力救济客观因素。     

THE ECOLOGY OF GANG TERRITORIAL BOUNDARIES*

Within any type of system, the actors in the system inevitably compete over resources. With competition comes the possibility of conflict. To minimize such effects, actors often will partition the system into geographic territories. It is against the larger ecological backdrop of competition and conflict that we examine territory formation among urban street gangs. Although previous studies have examined the social and built environment where gangs form, and how the presence of a gang influences local levels of violence, we know little about how competitive interactions are tied to the formation and maintenance of gang territories. We use formal spatial Lotka–Volterra competition models to derive hypotheses about competition‐driven territory formation. By using data on 563 between‐gang shootings, involving 13 rival street gangs in the Hollenbeck Policing Division of Los Angeles, we show that violence strongly clusters along the boundaries between gangs in a way that is quantitatively predicted by the theory. The results suggest that even weak competitive interactions between gangs are sufficient to drive gang territory formation without recourse to other processes or assumptions.