未成年人毒品犯罪的现状、原因、对策分析及相关审理疑难问题探讨——以2010—2013年上海未成年人毒品犯罪为例

近年来,青少年吸毒、参与贩毒等现象不断出现,已成为危害社会秩序以及青少年健康成长的一大祸患。以2010年至2013年四年期间上海市各级人民法院审理的一审未成年人毒品犯罪案件为例,对上述犯罪呈现的特点、个体及社会之原因、处理情况以及审理中遇到的问题进行分析,并在此基础上,有针对性地对我国青少年毒品犯罪防控模式提出相关的建议和对策,以期对控制我国青少年毒品犯罪有所裨益。     

悲伤情绪人群立冬节气表现特点分析

目的探索非疾病悲伤情绪大学生立冬节气的躯体、情绪和人格表现特点及其相互的关联性,从中医角度讨论悲伤情绪的内在病机。方法运用自拟躯体健康状况调查问卷、贝克焦虑量表(Beck Anxiety Inventory,BAI)、贝克抑郁量表(Beck Depression Inventory,BDI)及艾森克人格问卷简式量表(Eysenck Personality Questionnaire-Revise Short Scale for Chinese,EPQ-RSC)作为测评工具,在立冬节气对中医院校大学生的悲伤情绪进行问卷调查。结果 308例被试者中,共有169例存在悲伤情绪。在躯体健康状况调查问卷的躯体总分、精神情绪总分,BAI评分,BDI评分,以及EPQ-RSC的多个因子方面,男性和女性悲伤被试者与不悲伤者比较,差异均具有统计学意义(P0.05,或P0.01)。169例悲伤被试者中,出现频率大于50%的躯体不适条目有口干、头部不适、疲乏无力、怕冷、咽部不适和善太息;有3%的被试者存在焦虑情绪,21.3%的被试者存在抑郁情绪,悲伤者合并有注意力下降、郁闷和烦躁等精神情绪失调。女性悲伤被试者EPQ-RSC量表的P、N因子评分显著高于不悲伤者,L因子评分显著低于不悲伤者;男性悲伤被试者EPQRSC量表的E因子评分显著低于不悲伤者(P0.01)。经Pearson相关分析发现,悲伤情绪评分与BAI、BDI及躯体健康亚量表的一些条目评分存在显著相关性。结论悲伤情绪者具有一定程度的躯体不适,合并有较多的情绪失调,人格特质具有性别差异性。悲伤情绪者的病机为肝郁脾虚、胃脘气滞、气机失调。     

The limits of the attractiveness premium in elections

The literature on looks and politics suggests that, at least in personalistic electoral systems, physical attractiveness helps candidates that are more attractive. We test this assumption using the unlikely case of Quebec, where provincial elections are highly salient, characterized by a strong cleavage, a sophisticated electorate and strong party- and leader-centeredness. Evaluating the effect of physical attractiveness on vote shares for nearly 5500 candidates in a multivariate analysis for four elections (i.e. 2008, 2012, 2014 and 2018), we find that physical attractiveness plays no role in determining candidates' vote shares. This applies for candidates' attractiveness score, as well as their attractiveness ranking relative to other candidates. For theory, this finding suggests that the effect of attractiveness on candidates’ electoral fortunes in winner takes all systems is contingent on other factors such as the existence of cleavages and the candidate- or party centeredness of the party system.     

Predictability of Physical and Psychological Violence by Early Adverse Childhood Experiences

Early Adverse Childhood experiences (ACEs) in families of origin can take the form of witnessing it and/or being its victim, both of which can lead to the occurrence of domestic violence. Given such close linkage, the purpose of the present study was to determine the predictive abilities of ACEs regarding specific types of physical and psychological violence. To do so, 50 couples from those referred to five different family courts in Tehran to seek divorce due to domestic violence, were randomly selected and administered an author’s-made questionnaire assessing different types of physical and psychological violence and the participant’s history of abuse by their parents. Our findings showed that witnessing domestic violence in childhood can predict different types of physical and psychological violence, but mostly could account for “hitting” of the physical type and “cursing” of the psychological type. Similarly, being the victim of domestic violence mostly accounted for predict “strangling” of the physical type and “cursing” of the psychological type. Such results are discussed in the context of the existing literature and underscore ACEs importance in terms of their predictive ability of various types of physical and psychological violence.     

Differentiation between drug use and environmental contamination when testing for drugs in hair

Personality disorders are associated with criminality and antisocial and borderline personalities as strong predictors of violence. Nevertheless antisocial patients show more instrumental violence, while borderline patients more emotional violence. We surveilled medical records of a personality disorder facility, searching data of aggression and crimes against property among 11 patients with antisocial personality disorder and 19 borderline personality disorder. We found that there are differences regarding engagement in violence and lawbreaking according to the personality disorder: antisocial patients statistically engage more in crimes against property than the borderline patients, and more in this kind of crime than in aggression, whilst borderline patients show a tendency to engage more in episodes of aggression and physical violence than antisocial patients, and less in crimes against property. We conclude that the distinct personality leads to a distinct pattern of crimes and violence: antisocial patients are cold and get more involved in crimes requiring more detailed planning, whilst borderline patients are impulsive and engage in explosive episodes of physical violence. Further studies on the association among personality disorder, behavior pattern and violence type may be useful for both treatment and criminal profiling.     

Targeted Neighborhood Sampling: A New Approach for Recruiting Abusive Couples

We conducted two studies to test the utility of a new strategy for recruiting couples experiencing intimate partner violence. This new strategy, Targeted Neighborhood Sampling, involves utilizing police reports of family fight calls to target particular areas within a city for recruitment efforts. Study I compared the efficacy of using this method to recruit a random versus a convenience sample. Results demonstrated that Targeted Neighborhood Sampling was most effective when recruiting a convenience sample of participants who responded to flyers left at their residences. Study II used a convenience sample and replicated the findings from Study I. Across the two studies, 40.4% of those who called after receiving a flyer experienced male-to-female partner violence within the past year. In addition, we combined data across studies and correlated types of violence the couples experienced with variables commonly associated with abuse. Psychological aggression, physical assault, and injury were all positively associated with reports of demand-withdrawal and mutual avoidance during conflict, as well as depression and symptoms of post traumatic disorder syndrome. Sexual coercion was associated with drug abuse. These results demonstrate the utility and validity of Targeted Neighborhood Sampling.

The predictive validity of youth violence risk assessment tools: a systematic review

ABSTRACT

This paper reports the findings of a systematic search of published literature which reports the predictive validity of violence risk assessment tools specifically designed for use with youth. A total of 38 studies, involving 9,307 participants, reported data for six different tools; the most common of which were the SAVRY and the YLS/CMI. Each of the tools demonstrated at least moderate levels of predictive validity, with the predictive validity of several newer assessment tools yet to be established. The results provide an up-to-date overview of the state of knowledge in an area in which practitioners make choices about which tools to use on an almost daily basis. It is important that practitioners are aware of the strength of evidence that is available to support the choice of violence risk assessment tools and the interpretation of results.     

论“网络暴力”致人自杀死亡的刑事责任

随着互联网科技的发展,虚拟空间与现实生活的联系越来越紧密,网络暴力事件层出不穷,出现了不少因不堪忍受凌辱而自杀的案例。我国刑法通常认为自杀死亡结果和网络暴力之间不存在因果关系,自杀死亡结果只是情节严重中的结果,但这并不合理。网络暴力的特质在于对精神的强制以及对身心的持续伤害,网络暴力高于普通的精神伤害行为,在特定的情况下网络暴力能成为杀人罪的实行行为并与自杀死亡结果有因果关系。相应地,刑事责任也应重新评价。     

责任阻却性紧急避险的厘清与适用——以受虐妇女杀夫案为视角

目前我国司法实践在处理受虐妇女杀夫案时直接进入量刑阶段,忽视了适用出罪事由实现无罪的可能性。在此类案件中,虽然因不存在"正在进行"的不法侵害而不能适用正当防卫,但针对危险引发者的防卫行为则可以运用其他紧急权资源。受虐妇女因无法忍受家庭暴力而杀害丈夫的行为,构成防御性紧急避险。然而紧急避险的正当化根据,不应采取功利主义的法益权衡说,而应采取社会团结义务说。即仅在理性人自愿负担的社会团结义务的限度以内才能成立违法阻却事由,因侵害生命的避险行为超出了社会团结义务的限度而无法得以正当化,但可能成立以无期待可能性为基础的责任阻却性紧急避险,这与我国《刑法》第21条的规定并不矛盾。     

Affect Regulation and the Cycle of Violence Against Women: New Directions for Understanding the Process

The process of the intergenerational transmission of violence is not well understood. A risk and resilience model of criminal violence against women was investigated using secondary data. The sample was composed of adolescent male juvenile delinquents who had been physically abused by their parents, and who were followed up at ages 25 and 31. A series of structural equation models were fit to investigate whether dysregulated affect mediated the effects of attachment and family chaos on the adult perpetration of violence against women. These models support the hypothesis that affect dysregulation may act as a mediator. Results raise new ideas about the mechanisms by which violence may be transmitted across generations.