Family breakdown and the ‘Welfare Child’ in 19th and 20th century Britain

This article traces new cycles of interest in past children as distinct from past childhood. Recent work highlighting that a conceptualisation of childhood existed even in periods with few written records closes the chapter begun by Philippe Ariès in 1960. Instead, there has been a new surge of interest in children on the edges of family life, as well as children in similarly liminal positions between the worlds of adults and children: runaways, delinquents and orphans. Several themes in the literature are identified, based on the conflicting ideas of ‘body/mind’, ‘victim/threat’, ‘needs/rights’. It is noted that researchers are using more imaginative ways of reaching the lived experience of children than the family or institutional framework, and that an increasing link is drawn between historical and modern concerns such as child abuse and the care of ‘at risk’ children.     

被害人报警意愿的诉讼法视角分析

刑事被害人学已成为刑事法学界研究的热点，但对被害人报警意愿的研究相当匮乏。以刑事诉讼法具体的程序操作层面为分析路径，解读被害人不愿报警的法律原因，建立检察机关的起诉政策间接影响公安机关记录活动与被害人报警意愿的双重模式。     

被害人诉讼地位的合理界定

加强对被害人的权利保护是国际上刑事司法的主要发展趋势之一。我国1996年修改《刑事诉讼法》时,把被害人规定为诉讼当事人,从刑事诉讼基本原理的角度分析,这种把被害人的诉讼地位提到当事人高度的做法存在一定的问题,并且被害人的当事人地位在司法实践中也名不副实。被害人的刑事诉讼中的科学定位应当是特殊的诉讼参与人,根据特殊的诉讼参与人的定位,被害人应当享有一定范围的程序启动权和广泛的程序参与权。     

Jews’ and Arabs’ Perceptions of Inter-Group and Intra-Group Date Rape

The study examined the influence of three factors on rape responsibility attributions: subjects’ gender, subjects’ ethnicity, and victim and perpetrator’s ethnicity. Participants were 247 undergraduate students in Israel (164 Jews and 83 Arabs). The most revealing findings are connected with the threefold interaction between the factors studied. It was found that Arab males and females, members of the minority ethnic group, tended to assign more responsibility to a victim involved in inter-group relationships, whereas Jewish males and females, members of the dominant majority group, attributed more responsibility to a victim involved in intra-group relationships. More specifically, Arab males attributed more responsibility to an Arab victim raped by a Jew, while Arab females attributed more responsibility to a Jewish victim raped by an Arab. Among Jews, males attributed more responsibility to an Arab victim raped by an Arab, and females attributed more responsibility to a Jewish victim raped by a Jew. Several ways to explain these interactions are suggested.     

一审公诉程序中被害人权利保护问题探析

对被害人权利的保护如同对犯罪嫌疑人、被告人权利的保护一样,应贯穿于刑事诉讼的始终。一审程序是使用最为普遍的审判程序和刑事诉讼的中心环节,在此阶段对被害人的权利保护显得更具价值。     

Who wants to be an ideal victim? A narrative analysis of crime victims' self-presentation

The aim of this article is to analyse how self-presentation is performed in victim narratives and what possible variant features are present in the narratives. This is examined by means of narrative analyses of face-to-face interviews with crime victims (n = 6). The narratives were grouped into two categories: 1) narratives about the crime victim as an established citizen, and 2) narratives about the crime victim as an outsider. How the narrators presented their status in society was relevant for how they understood the offender, the crime, and Victim Support. Importantly, the interviewed victims did not construe themselves as ‘ideal victims’ as they all projected personal strength in their self-presentations. Furthermore, the victim narratives normalized (rather than idealized) the victim while construing the offender as in need of treatment. The article concludes by discussing future research needs and the role of victim self-presentations for psychological well-being and trust in the criminal justice system.     

Victim empathy in young sex offenders in the emergent adulthood developmental phase

ABSTRACT

This article reports on a study which focused on young sex offenders’ empathy levels for sexual abuse victims in general as portrayed in a case study, as well as empathy for the offenders’ own specific victims. Beckett and Fisher’s Victim Empathy Distortion Scale (1994) was used to measure and compare 96 young sex offenders’ empathy levels. The quantitative research results indicated that research participants displayed significantly less empathy towards their own victims when compared to the empathy displayed towards a general sexual abuse victim in a case study. Following the completion of the questionnaires, in-depth, qualitative data was obtained regarding the young sex offenders’ thoughts prior to, during and directly after committing the offence. In addition, they also explained their current thoughts and feelings for the victims in their case. The divergent responses which were given by the participants is a clear indication of the heterogeneous nature of youth sex offending.     

论刑事被害人国家补偿制度的基本理论和主体

近年来,我国犯罪数量逐年递增,受司法能力和犯罪分子个人经济状况制约,每年有相当规模的刑事被害人难以从犯罪分子手中取得基本的赔偿。通过对从国外引入一系舛相关学说的批判,并结合社会契约理论,提出了有限国家责任说。刑事被害人国家补偿的理论体系应以有限国家责任说和社会保险说为主要理论构件。以社会福利说为辅。并对刑事被害人国家补偿作了内部区分。通过对刑事被害人国家补偿的补偿主体进行探讨,进而提出了补偿慷慨原则。     

Apology in victim–offender mediation

Victim–offender mediation practices bring conflicting parties together so they can engage in a two-way dialogue and ultimately negotiate a mutually agreeable resolution. The fact that apology may be a motivator for participating in the mediation process and that it is often a common outcome of mediation suggests that research on mediation ought to more carefully explore the nature of the apologies that are offered. The present study provides a qualitative exploration of the prevalence and nature of the apologies offered by offenders to their victims during face-to-face mediations. Fifty-nine mediation agreements recorded by the longest running mediation scheme in the UK were analysed. It was found that 50.8% of agreements contained mention of the perpetrator saying ‘I’m sorry’ or offering a partial apology (i.e. acknowledging harm and/or promising forbearance). Full apologies were absent in the mediation agreements. Agreements did not make explicit mention of the offender admitting responsibility or expressing remorse or regret. Finally, although the mediation agreements did not make any explicit mention of offenders offering reparation, they did record efforts at providing solutions to the conflict.     

论电信网络诈骗犯罪中被害人错误的判断体系——以被害人教义学为视角

伴随着人工智能与大数据技术的发展,电信网络诈骗犯罪呈现发案率高、危害性大且犯罪类型多的特征.在司法实践中,并非只要被害人基于错误认识处分财物的行为,均被认定为诈骗罪.行为客观事实是否被认定为诈骗,还需从刑法教义学立场进行检视,从被害人自我保护和刑法最后手段原则展开研究.被害人教义学中的被害人错误认识与法益保护存在着一定...