金融风险防范视野下我国金融刑法创新研究

金融风险是影响金融安全的一个重要因素,当金融风险积聚到一定程度并发生恶性连锁反应时就会爆发金融危机,因此,建立抵御金融风险维护金融安全的法律制度尤为重要,而金融刑法作为金融风险防范的最后一道制度屏障,在抵御金融风险维护金融安全中起着重要的作用。为此,有必要从金融风险防范的角度审视我国金融刑事立法在抵御金融风险方面的诸多缺陷,从加强金融风险防范的功能出发,创新我国金融刑事立法,充分发挥金融刑法在创新金融体制和防范金融风险中的功能与作用。     

试论非法证据排除的程序规制——关于完善庭审阶段非法证据排除的裁判程序的思考

防止冤假错案,维护程序公正,实现惩罚犯罪与保障人权的统一,非法证据排除规则的制定,可谓任重道远。无疑,法律的颁布不等于实施。除了刑事法官的价值观念、法律思维、职业习惯的主观因素影响及刑事司法实践的客观因素作用,作为价值性冲突规范,非法证据排除规则的理解、适用仍有其难处。本文以庭审阶段非法证据排除的程序规制为切入点,拟从法解释学的角度,结合本土刑事司法实践特征,以求进一步明晰非法证据排除规则的运用,从而更为有效地实施排除规则。     

Toward a restorative justice pedagogy: reflections on teaching restorative justice in correctional facilities

Restorative justice is currently practiced in a variety of ways inside correctional facilities. One such way is the facilitation of restorative justice education. If grounded in restorative values, such education can contribute to outcomes similar to other restorative practices, such as victim offender dialogue. These outcomes include opportunities to speak to personal experiences, personal change, and growth, and a desire to engage in positive relationships and give back to the community. This paper draws on the teaching and facilitation experiences of the author and incarcerated peer facilitators to develop a restorative justice pedagogy. This pedagogy, based on restorative values, aims to inspire individual and social transformation; build community among participants; give voice to the unique experiences of participants; offer opportunities for real-life problem solving; provide a creative learning environment that is co-created by students and facilitators; view students as practitioners, theorists, and educators; and invite instructors to view themselves as students and share in the learning process. Implications of the restorative justice pedagogy for teaching outside the prison context and with course material other than restorative justice conclude the article.     

Characteristics associated with rape attrition and the role played by scepticism or legal rationality by investigators and prosecutors

Abstract

This paper reports a multidimensional scaling analysis of features associated with rape attrition by identifying key aspects of the rape that are associated with loss of cases at the stages of police investigation, prosecutors’ considerations and in court. The research utilized a case-file analysis (n=105) consisting of all rapes reported to one division within a large UK urban police force by females over the age of 16 from April 1998 to April 2003. In addition, interviews were conducted with police officers and Crown Prosecutors to explore their understanding of the reasons why attrition occurs. The findings illustrate the extent to which prejudicial attitudes and legal logic influence police officers’ and solicitors’ modes of thinking and subsequently influence decisions for rape cases to proceed to court. Methodological and practical issues are considered.     

‘Look into my eyes’: can an instruction to maintain eye contact facilitate lie detection?

Abstract

Traditionally, research on offender profiling has investigated the relationships between offender behaviour and offender characteristics. However, evidence about offender behaviour is not the only evidence available at a crime scene. This study extends previous collaborative research between forensic scientists and psychologists (e.g. Bond & Sheridan, Journal of Forensic Science, 52, 1122–1128, 2007) to investigate how forensic science can assist in the psychological process of offender profiling. Specifically, the potential utility of footwear impression evidence in the task of offender profiling is investigated. Using 155 domestic burglaries, the consistency and homology assumptions underlying offender profiling were tested. Evidence supportive of both assumptions is reported. A multiple regression analysis identified significant relationships between cost of footwear and employment status, age of offender, and the relative deprivation of his/her residence.     

Gender differences in violent offending: results from a multicentre comparison study in Dutch forensic psychiatry

ABSTRACT

The past two decades, a disproportionate growth of females entering the criminal justice system and forensic mental health services has been observed worldwide. However, there is a lack of knowledge on the background of women who are convicted for violent offenses. What is their criminal history, what are their motives for offending and in which way do they differ from men convicted for violent offenses? In this study, criminal histories and the offenses for which they were admitted to forensic care were analyzed of 218 women and 218 men who have been treated between 1984 and 2014 with a mandatory treatment order in one of four Dutch forensic psychiatric settings admitting both men and women. It is concluded that there are important differences in violent offending between male and female patients. Most importantly, female violence was more often directed towards their close environment, like their children, and driven by relational frustration. Furthermore, female patients received lower punishments compared to male patients and were more often considered to be diminished accountable for their offenses due to a mental illness.     

Partner similarity for self-reported antisocial behaviour among married,cohabiting and dating couples: the Generation R Study

Abstract

From a criminological perspective, romantic relationships are supposed to decrease the risk of antisocial behaviour (Laub, Nagin, & Sampson, American Sociological Review, 63, 225–238, 1998). However, the effects of these relationships probably depend on the romantic partner's behaviour. In the current study we examined partner similarity for antisocial behaviour in an ethnically heterogeneous community sample of 4135 married, cohabiting and dating couples from Rotterdam, the Netherlands, using self-reports. Spousal correlations were consistently positive for antisocial behaviour but differed in strength according to the type of antisocial behaviour. Associations between spouses remained strong after adjusting for age and educational level depending on the type of antisocial behaviour. In addition, antisocial behaviour was positively associated between partners across marital status and ethnicity, but the strength of this association varied to some extent. Results are discussed in light of the phenotypic assortment, the socialization and the social homogamy hypotheses.     

Citizen's psychological knowledge,legal knowledge,and attitudes toward participation in the new Japanese legal system,saiban-in seido

A new procedure, saiban-in seido, was introduced in the Japanese criminal court in 2009.1 1. This article was written before the Saiban-in seido started. A mixed tribunal of three professional judges and six lay people selected from a list of voters deliberate the verdict in serious criminal cases such as murder, rape, and arson. This study researched lay people's attitudes toward the new system, their psychological knowledge (e.g. the reliability of eyewitness testimony) and legal knowledge (e.g. ‘presumed innocent’), and the relationship between attitude and knowledge. Study 1 examined the responses of 294 citizens to a questionnaire; 90 responses were examined in Study 2 (both samples consisted of two age groups, i.e. (1) 20s and (2) 40s and 50s, and two education levels, i.e. (1) college or below and (2) university or more. In both studies, respondents showed concerns about their lack of ability and knowledge to become a lay judge. Although legal knowledge was related to attitude – i.e. the more legal knowledge, the less negativity – no relationship was found between psychological knowledge and attitude. Relevant support for citizens to become lay judges was discussed.     

Beyond Rational Choice: the Hot/Cool Perspective of Criminal Decision Making

This paper proposes a general framework of criminal decision making that assumes both ‘cool’ cognition and ‘hot’ affect, i.e. feelings, to influence criminal choice. Drawing from judgment and decision making research and social psychology, the hot/cool perspective extends rational choice and deterrence theories by explaining how affect is likely to influence criminal decisions alongside cognitive considerations, such as the perceived costs and benefits of crime. It is shown how the hot/cool perspective offers a more realistic account of criminal decision making processes than existing decision models and approaches and also allows for the explanation of criminal behaviors that are difficult to explain in terms of rational choice.     

An exploration of burglary in the criminal histories of sex offenders referred for civil commitment

Commission of nonsexual crimes generally antedates officially recorded sexual offenses. In particular, burglary has been hypothesized to be a potential ‘stepping stone’ in the development of one's sexual criminal career in the same way that marijuana has often been considered a ‘gateway drug’ to more serious drug-related offenses. The present study examined the officially recorded criminal histories of 828 male sex offenders to determine the relevance of burglary in their criminal histories. One third of the men in the sample (n=281, 34%) had been charged at least once for burglary. These 281 men committed a total of 762 separate incidents of burglary. Offenders with at least one officially recorded charge for burglary (BSOs) were compared with those with no such charges (SOs). Next, the characteristics of each burglary were examined and four distinct types of burglary were identified: nonsexual, covertly sexual, overtly sexual, and combination burglary/rape. BSOs accrued twice as many charges as the SOs and were significantly more likely to have an earlier age of onset, a longer criminal career, more employment problems, elementary school problems, antisocial behavior, and substance abuse.