海峡两岸背信罪比较研究

《海峡两岸共同打击犯罪及司法互助协议》以列举的方式明确了海峡两岸共同打击的犯罪行为,但两岸对协议中涉及的背信罪行为在刑法的罪名形式、内容表达以及行为的刑罚可责性上都有诸多差异。与台湾“刑法”规定的背信罪行为相较,大陆法律在此行为上存在多种不同性质的法律规制。为使两岸在该行为上的司法互助得以利益均衡,实现两岸对背信行为司法互助的最佳路径是：以台湾背信罪所指涉的行为为准,比较大陆刑法规范对这些行为的法律处置,形成与台湾背信罪行为相同质的多个罪名进行司法互助;大陆未形成刑事处置之台湾背信罪行为则通过个案协商解决。     

中美犯罪被害人补偿制度比较探究

被害人补偿制度是我国近年来司法改革中关注的热点,但学界多从理论上对该制度进行资料整合式的研究,缺少对国外具体实践的近距离观察和分析。对被害人补偿制度比较先进的美国加以探究,将美国联邦及各州被害人补偿机构设置、资金来源、申请程序、资格要求等方面与我国被害人补偿制度的已有实践相比较,以期对我国正式立法构建被害人补偿制度路径有所启发。     

Protecting victims of intimate partner violence: Swedish prosecutors’ experiences of decision-making regarding restraining orders

Restraining orders can be used as a risk management strategy to reduce the likelihood of intimate partner violence (IPV) re-victimisation. The aim of this study was to examine how prosecutors work with cases of IPV, with a focus on their collaboration with police, use of violence risk assessment and implementation of restraining orders. A qualitative analysis was conducted based on semi-structured interviews with five prosecutors operating in two northern police districts in Sweden in 2016. Data were analysed using latent content analysis. Three overarching themes arose: The case, Organization of resources and Interpretation of the law. Each theme was discussed in the context of the prosecutors’ work with IPV. Prosecutors pointed to several inadequacies in the legislation and offered potential solutions that would ameliorate their work. Results also showed that prosecutors seldom used violence risk assessments conducted by police as a basis for issuing restraining orders. The primary reason for this was a lack of clear routines governing cooperation between police and prosecutors in the application process. The results from this study can be used when training criminal justice personnel in order to obtain a better understanding of the difficulties that prosecutors face when trying to protect victims of IPV.     

Doubling Down: Inequality in Responsiveness and the Policy Preferences of Elected Officials

Is bias in responsiveness to constituents conditional on the policy preferences of elected officials? The scholarly conventional wisdom is that constituency groups who do not receive policy representation still obtain some level of responsiveness by legislators outside of the policy realm. In contrast, we present a theory of preference‐induced responsiveness bias where constituency responsiveness by legislators is associated with legislator policy preferences. Elected officials who favor laws that could disproportionately impact minority groups are also less likely to engage in nonpolicy responsiveness to minority groups. We conducted a field experiment in 28 US legislative chambers. Legislators were randomly assigned to receive messages from Latino and white constituents. If legislators supported voter identification laws, Latino constituents were less likely to receive constituency communications from their legislators. There are significant implications regarding fairness in the democratic process when elected officials fail to represent disadvantaged constituency groups in both policy and nonpolicy realms.     

Sibling incest: A literature review and a clinical study

Abstract

Few previous studies have explored the characteristics and dynamics of adolescent sibling incest. The objectives of this paper were twofold: first, to conduct a literature review that accounts for earlier research in the area, and secondly, to conduct a clinical study to explore differences regarding the characteristics of a group of adolescent sibling incest offenders (n=21) compared to a group of adolescent non-sibling offenders (n=24). Comparisons were made regarding variables such as family dysfunction, the offenders' prior victimization and offending behaviour. The data were derived from intake assessment files and semi-structured interviews with 45 adolescents who had sexually offended. The sibling incest offender group had grown up more often in dysfunctional families. Moreover, the results indicated that the offending behaviour in the sibling incest group was more severe. The study gives some empirical support for the possibility that sibling incest can be one sign, among others, of maltreatment during childhood.     

Hate,Threats, and Violence. A Register Study of Persons Suspected of Hate Crime

This article focuses on individuals suspected of hate crimes with xenophobic, Islamophobic, and homophobic motives. The objective is to fill a gap in the knowledge left by existing research, which has primarily focused on victims and definitional problems. This article's genuine contribution to new research is the comparative perspective and the study of co-offending and specialization in offences for persons suspected for hate crimes. To find persons suspected for hate crimes, register data relating to hate-crime-motivated assault and unlawful threats/molestation offences from 2006 have been used. The study is based on a total of 1,910 offence reports together with information from the Registers of Suspected and Convicted Offenders for 558 persons suspected for hate crimes. Xenophobic hate crimes are over-represented in the material by comparison with homophobic and Islamophobic hate crimes. In the reports that have information about the relation between victim and perpetrators, it is more common for the perpetrators to be known than unknown to the victims. In cases where a suspected person has been identified, males are in a clear majority. Those suspected of homophobic hate crimes have the lowest mean age. Only a small number of offence reports include information on suspected co-offenders. Fifty-five per cent of the suspected people have prior registered convictions. It is very uncommon for them to be specialized in violent offences or unlawful threats/molestation, however. It is not possible to generalize the results to perpetrators of hate crimes, because 70% of the offence reports did not have information of suspected persons.     

Heroin addictions in Italians: Evaluation of OPRM1 genetic variants by case–control association study

The opportunities to analyse the genetic variations related to the risk of addiction are of interest to forensics, who beside their involvement in drugs-related fatalities may also be required to assess driving and working ability as well as permanent invalidity due to drugs-related conditions. Several genetic variants have been shown to be associated with heroin addiction. The most investigated gene is OPMR1 that encode the μ-opioid receptor. The purpose of this study was to examine the contribution of genetics variants in OPRM1 to the susceptibility to addiction.     

Rental Market Discrimination Against Same-Sex Couples: Evidence From a Pairwise-Matched Email Correspondence Test

ABSTRACT

I present the results of a randomized matched-pair email correspondence test of 6,490 unique property owners in 94 U.S. cities to provide a nationally representative estimate of the level of discrimination that same-sex couples experience when inquiring about rental housing. I find that same-sex male couples, especially non-White same-sex male couples, are less likely to receive a response to inquiries about rental units. I also find that same-sex Black male couples are subject to more subtle forms of discrimination than heterosexual Black couples are. I then examine whether state and local antidiscrimination laws covary with rates of housing discrimination against same-sex couples. Although my results are not causal, I find that antidiscrimination laws have an ambiguous relationship with rates of discrimination faced by same-sex couples. State-level housing protections, for example, covary positively with response rates for same-sex Black male couples, whereas local-level laws covary negatively with response rates for these couples.