论无特殊身份者参与身份犯的基本界限与程度

在身份犯中,由于具备特殊身份的自然人的危害行为才可能侵犯法益,或加重、减轻法益的侵害,因此,刑法典分则将其作为一种特殊的犯罪类型加以规制。但不具备特殊身份者可以与具备特殊身份者共同侵犯身份犯保护的法益,因此,其可以成为身份犯的共同犯罪人。实行犯与正犯是两个不同的概念,具有不同的机能。对于无特殊身份者能否成为身份犯的共同实行犯之问题,须根据身份犯的实行行为分别而论。但无身份者不能成为身份犯的共同正犯,否则,"区别对待共同犯罪中的首恶者与胁从者,惩办少数,改造多数"之刑事政策就不能实现。     

The Victim–Offender Overlap Behind Bars: Linking Prison Misconduct and Victimization

Despite a growing body of research on the victim–offender overlap, limited scholarship has examined this phenomenon in the context of the prison. This paper advances theory and scholarship on the victim–offender overlap and prison social order by examining linkages between prison misconduct and victimization. Examination of the overlap in the prison context extends the generality of the model and provides greater insight into the implications of the prison experience on behavior. This paper uses nationally representative data from the Survey of Inmates in State and Federal Correctional Facilities and bi-probit analyses to estimate whether the overlap exists within the prison setting and whether victimization and misconduct can be explained using the same theoretical framework. Findings suggest that common and unique risk factors exist for victimization and misconduct. Results have implications for theory, research, and policy related to understanding the relationship between victims and offenders and deviance in the prison setting.     

School Safety Strategies and Their Effects on the Occurrence of School-Based Violence in U.S. High Schools: An Exploratory Study

Recent incidents of school-based violence have resulted in the widespread implementation of school safety strategies across the United States. While research on these strategies has grown over the past decade, there is little understanding about their collective influence on indicators of school violence. Using data from the 2007–2008 School Survey on Crime and Safety, the present study explored responses of 936 school officials (N = 936) employed in high schools across the United States. Taking a confirmatory factor analytic approach, strategies were grouped into numerous factors based on their typology. Factor scores were then extracted and used as predictor variables in a negative binomial regression analysis to determine the extent to which types of safety strategies were associated with recorded incidents of school-based violence.     

Evaluation of a restorative justice-based,community-based program for people who have offended sexually: participant impact

Community Justice Initiatives, Kitchener, Canada, offers a Restorative Justice program called Revive to people impacted by sexual harm, including men who have offended sexually. This volunteer-led program treats participants with compassion while holding them accountable for sexual harm perpetrated. Program goals include reducing isolation, promoting self-awareness, and fostering healing. Based on restorative justice principles, positive community reintegration and reduction of further sexual offending are the ultimate goals of the program.

We evaluated information from a questionnaire administered at intake, after the 7-week phase, and again after participation in the peer-support group. Participants responded quantitatively about the impact of Revive on six sexual offense-related outcomes statements (e.g., gaining understanding of their triggers, understanding why they sexually offended). They also indicated the impact of Revive on psychosocial dimensions such as stigma perception and social support. Qualitative questions further elucidated the experience of Revive participation. Findings suggest that Revive has an impact on self-understanding of why they sexually offended, victim empathy, as well as stress reduction and increased self-esteem. We conclude that the restorative justice framework is a very hopeful, positive one and that the Revive program is effective at enacting restorative justice-based principles.     

Immature offenders. A critical history of the representations of the offender in restorative justice

This paper reconstructs and discusses how the ‘offender’ is represented within policy documents, legal statutes and scholarly literature on restorative justice, published and circulated in England and Wales over the last thirty years. The research first outlines the most wide-ranging and recurrent images and implicit assumptions of the offender in restorative justice. A set of specific offender’s features will be singled out, and the ‘ideal offender’ of restorative justice will be profiled. The final step of this work consists of mapping out the cultural context within which this ideal has emerged, in a historical perspective. The overall goal is to shed light on some taken-for-granted images surrounding the offender in restorative justice, and on the cultural context within which they have developed. In this way, it is possible to contribute toward the critical re-assessment of restorative justice whilst considering implications beyond the British context.     

Effectiveness of a risk–need–responsivity‐based treatment program for violent and sexual offenders: Results of a retrospective,quasi‐experimental study

Purpose

Relapse prevention is an important goal in correctional settings. Although there is strong evidence for the effectiveness of certain treatment programs for juvenile offenders, those for adults lack such evidence. This study evaluated the effectiveness of a risk–need–responsivity (RNR)‐based intervention.

Methods

A quasi‐experimental, observational study design and cox regression analysis were used to compare treated violent and sexual offenders (n = 171) with untreated offenders (n = 241).

Results

Both groups were observed for an average of 7.9 years. Recidivism rates of treated offenders (11.7%, n = 20) were similar to those of control offenders (15.8%, n = 38; p = .25). When controlling for confounding variables, the hazard of recidivism in the treatment group was 5.2% lower than that in the control group. Subdividing the treatment group resulted in lower hazard ratios for offenders still in therapy when released and offenders cancelling therapy. However, none of the group differences was statistically significant.

Conclusion

Our results show that control and RNR‐based treatment groups had comparable recidivism rates with a trend towards a positive treatment effect, especially for people in outpatient treatment. However, criminal history, age at the start of follow‐up, and actuarial risk of recidivism were significantly associated with recidivism. Future research needs to apply elaborate methodological approaches to detect robust treatment effects and consider different criteria of treatment effectiveness. Furthermore, the influence of prison climate, motivational factors, intervention quality, and factors supporting the success of outpatient treatment should be considered in future studies of larger offender samples.     

CO‐OFFENDING AND THE DEVELOPMENT OF THE DELINQUENT CAREER*

This article examines the role of co‐offending in the development of the delinquent career. Hypotheses derived from Reiss's (1986, 1988) taxonomic theory of co‐offending are tested, using police‐reported data on the delinquent careers and co‐offending of 55,336 Canadian offenders. Support is found for a taxonomic theory and for age‐related and functional theories of co‐offending. The taxonomy consists of two types of offenders—high activity (3 percent) and low activity (97 percent)—whose co‐offending patterns differ during the teenage years but not during childhood. For low‐activity offenders as teenagers, the proportion of co‐offenses decreases with criminal experience. The rate of co‐offending by high‐activity offenders as teenagers is lower at onset than for low‐activity offenders, and it varies little with criminal experience. For both offender types, the proportion of co‐offenses decreases with age, is slightly less in males, and varies with the type of offense. For both offender types, the proportion of co‐offenses in childhood offending is greater than in the teenage years and is unrelated to the offender's age or criminal experience.     

城市房地产价格空间结构研究前沿动态————基于城市经济学的视角

本文从城市经济学的视角出发,梳理了城市房地产价格空间结构的理论演进脉络和实证研究,为国内开展房地产价格空间结构研究提供借鉴。研究指出城市房地产价格空间结构研究通常是通过估算价格梯度（竞租曲线斜率）来衡量的。国外城市经济学者在三类假设（单中心假设,多中心假设,对城市空间结构不事先假设）三大方法（早期的负指数函数模型、特征价格模型和改进的重复销售模型）下展开价格梯度估算研究的。最后对国内的研究进行了评论和展望。     

刍论网络政治参与对执政安全的负面影响

网络政治参与在促进民众政治参与的同时,也可能危害政治体系的运行,危及执政安全,给现代国家和政府带来毁灭性的打击。因此,规范网络政治参与行为具有重要的现实意义。     

论不真正不作为犯的作为义务来源

对于不真正不作为犯的义务来源,学说史上共形成了三种作为义务说,即形式的作为义务说、实质的作为义务说和二元的作为义务说。通过对以上学说的深入分析和探讨,二元作为义务说应更具合理性。不真正不作为犯的作为义务来源应是实质要素与形式要素的统一,前者界定了作为义务的事实性根据,后者则统一了作为义务的规范性要式。