论间接正犯概念的扩张——正犯后正犯

正犯后正犯是对传统间接正犯概念内涵与外延的扩张，它缘起于德国，并为日本和我国台湾地区刑法所继受与传承；正犯后正犯的理论核心与灵魂是犯罪支配理论，其目的是对传统间接正犯理论无法有效回应罪刑相当原则困境的突围；德国的司法实践已普遍认可这一理论，我们也应肯定该理论的理论意义与实践价值。     

论教唆犯的未遂形态

教唆犯的未遂是共同犯罪理论中最为复杂的问题之一。人们习惯于从立法之实然对教唆犯进行研究,使得对教唆犯的未遂形态的认定仅限制在《刑法》第二十九条第二款的规定上,从本条的立法精神来看,我国《刑法》规定被教唆人没有实施被教唆之罪也成立教唆犯未遂,然而这一规定并不合理。对于教唆犯的未遂形态的认定,不应囿于立法之实然规定,应该站在应然高度对教唆犯予以定位。     

中美对朝政策竞争与合作的态势分析

中美两国在朝鲜问题上,既有着无核化与防扩散、维护地区稳定等方面的共同利益,也在朝鲜意识形态、无核化的方式等问题上存在着冲突性利益。利用SWOT模型比较中美两国的对朝政策,可以明晰两国的内部优、劣势和外部机遇与挑战。如果中美两国只注重自身优势与机遇,即中国强调和平稳定的重要性,美国强调无核化的迫切性,将增大两国政策的竞争性,不利于合作的展开。中美两国对朝政策竞争的根源在于崛起国与霸权国之间的结构性矛盾,中国意图维持地缘安全的缓冲区与经济发展的前沿地带,美国则希望以此牵制新兴大国。美国遏制地区大国的企图和对朝鲜安全关切的忽视是中美合作难以取得进展的主要原因。如果中美两国能够正视两国间的冲突性利益,降低获得对方支持的心理预期,将会有效防止地区局势和双边关系的波动。针对不稳定的朝鲜半岛局势,中美之间应加强安全对话,构建地区危机管理机制,避免因朝鲜半岛问题发生恶性竞争和诱发正面冲突。     

Toward a quantitative typology of burglars: a latent profile analysis of career offenders

Burglary is a serious, costly, and prevalent crime but prior typologies of burglars are mostly speculative and based on qualitative data. Using a sample of 456 adult career criminals, the current study used latent profile analysis to construct a methodologically rigorous quantitative typology. Four classes of burglars emerged: young versatile, vagrant, drug-oriented, and sexual predators. All groups demonstrated significant involvement in varied forms of crime, but the sexual predator group was the most violent and had the most serious criminal careers. Connections to the criminal career literature are offered and suggestions for further empirical study of offender typologies are discussed.     

Does Interrater (Dis)agreement on Psychopathy Checklist Scores in Sexually Violent Predator Trials Suggest Partisan Allegiance in Forensic Evaluations?

Many studies reveal strong interrater agreement for Hare's Psychopathy Checklist-Revised (PCL-R) when used by trained raters in research contexts. However, no systematic research has examined agreement between PCL-R scores from independent clinicians who are retained by opposing sides in adversarial legal proceedings. We reviewed all 43 sexual-offender civil-commitment trials in one state and identified 23 cases in which opposing evaluators reported PCL-R total scores for the same individual. Differences between scores from opposing evaluators were usually in a direction that supported the party who retained their services. These score differences were greater in size than would be expected based on the instrument's standard error of measurement or the rater agreement values reported in previous PCL-R research. The intraclass correlation for absolute agreement for the PCL-R Total score from a single rater (ICC 1,A = .39) was well below levels of agreement observed for the PCL-R in research contexts, and below published test-retest values for the PCL-R. Results raise concerns about the potential for a forensic evaluator's "partisan allegiance" to influence PCL-R scores in adversarial proceedings.     

SUPPORTING FAMILY STRENGTH: THE USE OF TRANSFORMATIVE MEDIATION IN A PINS MEDIATION CLINIC

This article describes, and explains the rationales for, the establishment of an innovative program in which a law school and two social services agencies are collaborating in a mediation clinic that uses the transformative model of mediation to serve clients in cases that seem ideally suited to benefit from this approach to practice—so-called "PINS" (persons in need of supervision) cases involving conflict within families, between parents and their adolescent children. The article first describes the evolution of the PINS system and the changing views of its purpose, especially in New York State. It then offers a brief introduction to the unique features of the transformative approach to mediation and explains why that approach in particular is likely to mesh with current understandings of the needs of the families involved in these cases. Finally, the article describes the innovative "Family Solutions Program" and how it uses transformative mediation to help these families and suggests that experience of this program shows how use of the transformative model, in particular, could be valuable not only for clinical education but also for effective volunteer training and supervision in mediation programs generally.     

Homicides with Mutilation of the Victim's Body

Abstract:  Information on homicide offenders guilty of mutilation is sparse. The current study estimates the rate of mutilation of the victim's body in Finnish homicides and compares sociodemographic characteristics, crime history, life course development, psychopathy, and psychopathology of these and other homicide offenders. Crime reports and forensic examination reports of all offenders subjected to forensic examination and convicted for a homicide in 1995–2004 ( n  = 676) were retrospectively analyzed for offense and offender variables and scored with the Psychopathy Check List Revised. Thirteen homicides (2.2%) involved mutilation. Educational and mental health problems in childhood, inpatient mental health contacts, self-destructiveness, and schizophrenia were significantly more frequent in offenders guilty of mutilation. Mutilation bore no significant association with psychopathy or substance abuse. The higher than usual prevalence of developmental difficulties and mental disorder of this subsample of offenders needs to be recognized.     

The ‘Butner Study’ Redux: A Report of the Incidence of Hands-on Child Victimization by Child Pornography Offenders

This study compared two groups of child pornography offenders participating in a voluntary treatment program: men whose known sexual offense history at the time of judicial sentencing involved the possession, receipt, or distribution of child abuse images, but did not include any “hands-on” sexual abuse; and men convicted of similar offenses who had documented histories of hands-on sexual offending against at least one child victim. The goal was to determine whether the former group of offenders were “merely” collectors of child pornography at little risk for engaging in hands-on sexual offenses, or if they were contact sex offenders whose criminal sexual behavior involving children, with the exception of Internet crimes, went undetected. Our findings show that the Internet offenders in our sample were significantly more likely than not to have sexually abused a child via a hands-on act. They also indicate that the offenders who abused children were likely to have offended against multiple victims, and that the incidence of “crossover” by gender and age is high.

主犯若干问题的探讨

主犯是共同犯罪中人身危险性最大的共同犯罪人 ,历来是我国刑法打击的重点。我国目前并没有专门针对刑法总则共同犯罪条文在适用上予以解释的法律文件 ,但是 ,尚有针对刑法分则具体犯罪关于共同犯罪的相关解释中涉及主犯认定的内容 ,但这是否能够视为直接针对共同犯罪具体条文适用的一般性规定 ,还有疑问。本文就主犯的若干问题进行了探讨 ,以期对主犯的认识能够进一步深入。