罪犯权利本源探析

从本源上认识罪犯权利 ,是客观看待罪犯权利的前提。在历史上 ,罪犯权利是随着以法治、平等、自由为核心的近代法观念而成长起来的 ,人道主义刑罚理论的兴起 ,促进了罪犯权利的发展。在理论上 ,罪犯之所以拥有权利 ,是由罪犯首先是作为人的罪犯、罪犯具有公民资格、社会对罪犯矫正的需要等决定的。     

法治化视野中的监狱生产

本文在对中国监狱生产的现状与存在问题进行系统分析后,在“监狱法治化”的理念维度下,对监狱生产作出了重新的定位与展望,并就监狱生产立法问题提出了几点建议。     

Crime and Punishment in Norwegian Mid-adolescents: A Normal Population Study

Does the 'penal eye' of our society most easily catch sight of those with scant resources and lower-class backgrounds? In a national representative sample of Norwegian adolescents, we investigated the selection process to the penal system. Of the adolescents studied, 2.8% had received a penal sanction during the last year, 3.7% of the boys and 1.9% of the girls. The sanctions varied in seriousness, from a ticket fine to a prison sentence. These adolescents had much higher crime participation than other adolescents. In particular, substance-related offences were of importance. They had a high frequency of alcohol intoxication, and they often had a previous history of police contacts. No links were found to parental social class, but there was an association with parental history of unemployment. Furthermore, numerous other parental risk factors were found, such as marital breakup, low level of care, lack of monitoring and frequent alcohol intoxication. However, these factors were also associated with the development of crime. Were such extra-legal factors predictors of penal sanctions, when crime, alcohol intoxication and a previous history of police contacts were controlled for? Poor parental monitoring was the only (marginally) significant predictor. On the other hand, criminal behaviour had a highly significant effect, as early as at the lowest level of participation, and this effect increased steeply at higher levels. Alcohol had an effect, but only when the adolescents reported a rather high number of intoxication episodes. Thus, a problematic family background and small resources obviously play a role in the development of crime, but are less important as direct factors of being caught by the police and punished by the penal system. However, the subjects in our sample were still in their midteens and it might well be that development in late adolescence and young adulthood takes a different course.     

Officer attitudes towards intra-group aggression in young people and young adults: does the reported motivation of an aggressor impact on intervention and support?

The present study aims to assess whether global and context specific attitudes influence the ability to correctly identify the motivation for aggression and selection of appropriate intervention strategies. A sample of 105 prison officers completed a measure assessing global attitudes towards prisoners, one assessing context specific attitudes towards aggression, and also a case vignette. Officers were asked to consider the motivation for aggression and to select an appropriate intervention. It was predicted that sex, age and level of experience would impact on global and context specific attitudes. Officers expressing positive global attitudes and non-aggressive context specific attitudes were expected to be more able to identify the motivation for aggression and more likely to adopt a rehabilitative approach. There was evidence to indicate sex differences in global and context specific attitudes but no impact of age. Level of experience of aggression impacted both on global and context specific attitudes. Global or context specific attitudes did not influence the ability to interpret aggression, but aggression type did. Limitations and directions for future research are discussed.     

Incremental Validity of the Psychological Inventory of Criminal Thinking Styles and Psychopathy Checklist: Screening Version in Predicting Disciplinary Outcome

A group of 136 male inmates housed in a medium security federal correctional institution were followed for a period of 24 months for evidence of disciplinary infractions (incident reports) after completing the Psychological Inventory of Criminal Thinking Styles (PICTS) and being scored on the Psychopathy Checklist: Screening Version (PCL:SV). Age, prior incident reports, the PICTS General Criminal Thinking (GCT) score, and the PCL:SV total score were included in a series of negative binomial regressions and Receiver Operating Characteristic (ROC) analyses of three increasingly more serious outcomes: total incident reports, major incident reports, and aggressive incident reports. Results indicated that the PICTS GCT score and PCL:SV total score were incrementally valid predictors of all three outcomes, with the strongest effects occurring when more severe incident reports were predicted. On the other hand, only the PICTS GCT score and Proactive Criminal Thinking (P) scale produced more than one significant ROC finding.     

谈监狱电视宣传的警示性与人文性的统一--《大墙内外》栏目运作的启示

现代社会人群的分化十分显著,已成为媒体竞相关注的目标,没有特定受众群体的媒体或栏目就等于无本之木,无源之水.然而能够把"监狱"里的罪犯这种特殊人群作为媒介专业化栏目的视点,则仍然算得上是传媒界的新生事物.河南电视台法制频道<大墙内外>栏目,把镜头对准监狱这个"另类"群体,"非常"社区,经过一年多的实践探索,成功地突破了监狱电视宣传的"盲区"和"误区",闯出了一条利用视听传媒对监狱系统进行深度报道的新思路、新观念,对电视媒体执行特殊传播功能给予了某种新的诠释.     

关于监狱在执行刑罚中的几个法律问题的探讨

1994年颁布实施的《监狱法》是新中国第一部规制监狱行刑活动的专门法典。《监狱法》的颁行为监狱依法治监提供了重要的法律依据和法律保障。但《监狱法》的有关规定与修订后的《刑事诉讼法》的规定产生了重大差异和冲突。本文试对《监狱法》和《刑事诉讼法》关于暂予监外执行、监狱提请人民检察院或者人民法院处理的问题以及近些年来在监狱出现的罪犯在会见亲属期间与其配偶同居等问题进行探讨。     

监狱警察人力资本流动与职位提升之间关系的实证分析

人力资本流动已经成为劳动经济学经验研究的一个中心主题。监狱警察流动是监狱人力资源动态配置的过程,它可以促进监狱行刑资源的充分利用。基于浙江省监狱人力资本流动现状的调查,本文分析了监狱警察人力资本特征要素以及职位提升与人力资本流动之间的关系,探讨了监狱警察人力资本流动的若干管理策略。     

Influencing public policy: an embedded criminologist reflects on California prison reform

Criminologists bemoan their lack of influence on U.S. crime policy, believing that the justice system would be improved if their research findings were more central in decision making. I had an opportunity to test that notion as I participated in California’s historic attempt to reform its prisons over the past 4 years. I became an embedded criminologist, where I was able to observe and contribute to the inner workings of state government. This article reports on my accomplishments with respect to fostering research activities and shifting the department’s focus towards prisoner reintegration. It discusses some of the lessons I learned, including the personal toll that such work entails, the importance of the timing of policy initiatives, and the power of rigorous methodology and clear communication. I conclude by recommending that other policy-oriented criminologists seek out similar experiences, as I believe our academic skills are uniquely suited and ultimately necessary to create a justice system that does less harm.