Violent recidivism and chronicity in the 1958 Philadelphia cohort

In the present study the relationship between chronicity and violent recidivism is analyzed using longitudinal data from the 1958 Philadelphia cohort. The data reaffirm prior research findings that a small cadre of offenders commits the majority of crimes which involve serious harm to the community, yet it was found that the violent offenders accounted for a large share of the more serious index offenses. In addition, among violent delinquents there is a greater proportion of chronic offenders than among nonviolent delinquents. Chronic offenders were more likely than nonchronic offenders to repeat a violent offense. Violent recidivists also committed a large proportion of nonviolent index offenses. One might imply from the results of this study that a policy of selective incapacitation of high-rate offenders would substantially reduce the amount of violent crime as well as nonviolent crime.     

Prisons,Proportionality and Recent Penal History

A leading aim of the Criminal Justice Act 1991 was to install the principle of proportionality as the primary rationale for sentencing and to bring about a reduction in the use of imprisonment.  In the decade that followed the prison population in England and Wales rose steeply.  This article examines the reasons for the rising use of prison, in order to assess whether proportionality (or ‘just deserts’) was tried and failed.  It argues that in practice the proportionality principle was overwhelmed by other influences, and that deterrence and incapacitation were the main drivers of the increasing use of imprisonment.  The article goes on to argue that proportionality theories have within them the resources to produce penal moderation, notably the ‘drowning out’ argument, the human rights argument, and decrementalism.  The article concludes by rejecting the claim that proportionality theories are likely in practice to result in escalating punishment.     

INTIMATE PARTNER VIOLENCE IN THE MILITARY: SECURING OUR COUNTRY,STARTING WITH THE HOME1

This Note discusses domestic violence in the military. Currently, in cases of domestic violence in the military, the Case Review Committee uses the Incident Severity Index for Spouse Abuse to determine the severity of abuse. The Case Review Committee uses this index when determining treatment options for the perpetrator of domestic violence. However, this index is extremely inconsistent with the current views and emerging research of domestic violence. This Note identifies the problems with the current system and gives recommendations for ways to improve the system. The Note concludes that a new system would enhance the military's ability to combat domestic violence.     

宽严相济刑事政策的刑罚观依据

从古代社会到启蒙思想运动,再到古典犯罪学派、实证犯罪学派、犯罪社会学,人类社会关于刑罚目的与功能的刑罚观已经发生了深刻的变化。然而,长期以来,我们对刑罚的认识却存在不小的偏差,往往将刑罚作为专政的一种工具,将刑罚视为政治问题,过于强调通过刑罚手段来严厉打击“敌人”或者严重犯罪分子,而不是将刑罚视为一种科学。宽严相济刑事政策的提出,是我国在对传统刑罚观进行反思的基础上,认肯现代刑罚观的必然结果。     

自首并非免死:关于自首在中国当下死刑适用语境中的反思——以药家鑫案、李昌奎案为探究视角

民众认为不杀犯罪人药家鑫、李昌奎不足以平民愤,许多刑法学者和法官则认为两人都有自首情节,根据自首可以从宽原则和宽严相济刑事政策精神应予以免死,但两被告人的最终命运都是死刑立即执行。深究之,这源于自首可以从宽是可以而并非应当,宽严相济刑事政策并非唯宽马首是瞻而需宽严并济,少杀、慎杀严格限制死刑适用的刑事政策背后的逻辑并非不杀。综合考量两人实施犯罪的手段残忍、性质恶劣、主观恶性极大、动机卑劣、社会危害极其严重,因而虽有自首情节还不足以免死。     

Association between homicide injury severity and benzodiazepine influence

There are case reports of offenders inflicting excessive injuries on their victims when under the influence of benzodiazepines. However, the potential association between benzodiazepine influence on the offender and victim injury severity in a general homicide population has not been studied. We investigated associations between offender positive testing for benzodiazepines or z-drugs (zolpidem, zopiclone and zaleplon) and victim injury severity. Data were drawn from 95 Swedish homicide cases from 2007–2009 in which offenders had known toxicology. There were no significant differences in injury severity between cases in which the offender tested positive vs. negative for benzodiazepines/z-drugs. Thus, the findings do not support the hypothesis that there is an association between benzodiazepine influence on the offender and victim injury severity in a general homicide population.

Key points

• Some previous studies have linked benzodiazepines to aggression, violence and excessive homicide injuries.
• The present study analysed the association between homicide injury severity and benzodiazepine status of the offender.
• Offenders who tested positive for benzodiazepines did not inflict more severe injuries on their victims.
• These findings do not support the hypothesis that benzodiazepine influence generally causes offenders to inflict more severe injuries on homicide victims.

     

我国初次犯罪严重性调查报告

犯罪严重性分析关系到对犯罪轻重的区分,是刑事立法和刑事政策科学性的前提。通过问卷调查方式对犯罪严重性进行测量后发现,民众分析与专家分析存在较大分歧,特别是在对刑讯逼供行为、故意伤害行为、风化犯罪等的严重性分析方面差距巨大;不同职业身份对犯罪严重性的分析差距较大。此类调查的方法论意义重于具体结论。应当在此基础上进行更深入的研究。     

The Impact of Deterrence Policies on Reckless Driving: The Case of Portugal

In this paper, we test the effect of three different criminal deterrence theory policy tools: criminal certainty, severity, and celerity of punishment. Whereas most criminal deterrence studies in this field focus on the former two components of deterrence theory, this study also examines the potential deterrent effect of the latter component. Using a time-series design with monthly data, we estimate the effects of an increase in the threat of punishment for traffic offenses resulting from a general increase in fines for traffic offenses, an increase in the probability of getting caught with a blood-alcohol concentration (BAC) level outside the legal limits, and the enactment of an “on-the-spot” fine payment policy in Portugal. We find strong evidence to support a severity effect. An increase in the statutory severity of sentence maxima for traffic violations leads to a decrease in accident and injury rates—approximately an average 0.5 percent reduction in monthly accident and injury rates. Changes in the BAC levels and the mandatory swift payment policy did not produce any convincing deterrence impact.

宽严相济刑事政策在老年人犯罪中的贯彻与运用

目前存中国，老年人犯罪无法定从宽处罚情形。而根据国外及新中国成立前对老年人犯罪一般予以从宽处罚之实践以及相关理论，结合宽严相济刑事政策宽缓之需要，中国刑法有必要明文规定对老年人犯罪予以从宽处罚。