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.     

论刑事被害人权益的保护

我国于1996年修改后的《刑事诉讼法》确立了被害人在刑事诉讼中的当事人地位,规定了被害人拥有的相应当事人的诉讼权利,然而司法实践中,被害人的权益方面仍存在明显的不足。本文在分析被害人权益保护现状的基础上,就应采取哪些措施切实保障被害人权益提出自己的见解。     

Assessing the Risk of Future Psychological Abuse: Predicting the Accuracy of Battered Women’s Predictions

Building on a handful of studies demonstrating battered women’s accuracy in assessing their risk of being physically reabused, this study examined how accurately victims assess their risk of future psychological abuse. Participants’ ratings of the likelihood that their partner would engage in controlling/dominance behaviors or efforts to humiliate/degrade them in the coming year and their reports 18 months later of whether this had actually occurred were used to create a four category version of accuracy (true positive, false positive, true negative, false negative). Victims were more likely to be right than wrong in their assessments of risk; PTSD symptoms, the recency of physical violence, and the degree of stalking and psychological abuse in the relationship predicted membership in the four accuracy categories. These findings overlap considerably with those examining victim accuracy in predicting physical abuse and inform ongoing debates about the value of incorporating victims’ insights into risk assessment efforts.

Addressing the Victim–Offender Overlap: Advancing Evidence-Based Research to Better Service Criminally Involved People with Victimization Histories

ABSTRACT

We studied a representative sample of male and female inmates (N = 266) in two prisons (remand and sentenced) in Western Canada. Our research asks: what are the self-reported victimization histories of currently incarcerated men and women prior to first charge (i.e., before becoming known offenders) and during their life-course? As a second objective, we discuss how we sought to mobilize our findings to change relevant policy and police practice. We found that the overwhelming majority of our female participants had experienced violent, sexual, or property victimization throughout their life course; the majority had experienced victimization prior to first charge. Based on our findings, the local police service introduced victim services for the incarcerated population as well as made changes to their recruit training program to make new police officers aware of the victim–offender overlap and its effects. If replicated, the introduction of victim services for inmates in other jurisdictions and the education of police officers on the victim–offender overlap would emphasize the humanitarian recognition of supporting victims who need help, while also having a series of subsidiary benefits with respect to re-offending, resiliency, and police legitimacy.     

抢劫过程中犯罪人与被害人之间的互动——基于行为主义环形模型的视角

以往对于犯罪人与被害人之间互动关系研究多限于静态化的几类互动模式的介绍与阐述,缺少对犯罪具体情境中犯罪人与被害人在行为上和情绪上的动态人际交往过程的考量。以心理学行为主义流派中的环形模型为研究视角,从抢劫犯罪人与被害人的具体行为入手,将抢劫过程中双方的互动关系置于环形模型中进行定量研究,可以实现将抢劫过程中的具体行为类型化,并在此基础上预测抢劫犯罪人的后续行为。从被害预防角度来说,正确地认识并预测犯罪人的行为,有利于被害人在遭遇侵害时及时采取正确的自救措施。     

见义勇为的法律救济

见义勇为是中华民族的宝贵精神财富,对于维护社会稳定、弘扬社会正气、遏制违法犯罪、提升全社会的道德水平具有巨大的积极意义。构建全面保障见义勇为的法律体系能够极大地弘扬传统美德,推进和谐社会建设。当前我国的法律已为见义勇为提供了一系列保障与救济途径,但由其立法位阶与视角的局限导致现实运用的疏漏与缺陷。应全面分析我国见义勇为法律保障现状,要构建全面保障见义勇为的法律救济机制应当在适当时机实现统一立法,由政府主导救助见义勇为人员,社会保障制度提供全面救济,并建立完善的救助基金体系。     

论被害人被害后心理及其救助

本文从被害人被害后心理的内涵出发,探讨被害人被害后几种常见的心理表现,并有针对性地提出被害人被害后的心理救助措施,旨在于帮助被害人建立有效心理防范机制,以期更好保护被害人的权益。     

THE EFFECT OF VICTIM IMPACT PANELS ON DUI REARREST RATES: A FIVE‐YEAR FOLLOW‐UP*

Victim Impact Panels (VIPs) were introduced by Mothers Against Drunk Driving (MADD) in 1982 and have since spread throughout the United States in an attempt to reduce drunk driving. The objective of a VIP is to expose DUI offenders to the pain and suffering caused by drunk driving without necessarily condemning the DUI offender. The few scientific evaluations of the effectiveness of VIPs have produced mixed results. The present investigation draws on evidence from a quasi‐experimental design and a five‐year follow‐up to probe further the effects of VIPs on DUI recidivism. Results show that 33.5% of the comparison group, but only 15.8% of the VIP group, were rearrested over the five‐year period. Discrete‐time event history analyses suggest that VIPs are associated with a 55.7% overall decrease in the hazard of rearrest; the VIP effect is strong in the first two years but then wanes dramatically. Methodological threats stemming from the study's design are considered. The implications of the differing styles of VIP and the resultant outcomes are also discussed.     

犯罪动机的现场转化与被害人对策

在犯罪实施过程中,犯罪动机受外界情境等因素影响可能发生现场转化,其包括恶性转化和良性转化。被害人在犯罪现场的积极应对,可以促使犯罪人的犯罪动机向着良性方向转化,进而弱化甚至放弃犯罪行为,使被害人免受或者少受伤害,从而达到控制犯罪、预防被害的目的。     

过错被害人国家补偿问题刍议

我国已逐步展开被害人救助工作试点，虽然离完善的国家补偿制度距离尚远，但对制度设计的细节问题仍应提前研究。被害人补偿的正当性难以通过国家保护不力或社会风险分担予以说明，在规范语境下其正当性在于社会型国家的宪法目的设定。国家责任在补充性之外兼具福利性，因而补偿对象的关键特征为生活陷入困境，而不限于故意犯罪、暴力犯罪或身体伤害犯罪，补偿范围可分为保障性与补充性两部分，应以不同标准区别对待。过错被害人从事实与规范的角度可分为六种类型，对其补偿的扣减或拒绝，总体原则是保障性补偿须谨慎扣减，补充性补偿可灵活掌握，以务实的态度更好地实现国家补偿制度的目的。