农村民主选举制度的正负效能分析

民主选举是村民自治的开始,在实践中,不少人认为村民自治就只是搞民主选举,从而过分夸大村委会选举的民主成就,因此,有必要对农村自治中的民主选举制度进行理性评价。事实上,农村民主选举对村民、候选人、村庄以及国家治理既能产生正效能,也会产生负效能。客观认识其在村民自治中的地位和作用,对于推动农村基层民主的真正实现具有重要意义。     

犯罪人罪后行为分析：传统犯罪心理画像技术的继承与发展

犯罪人罪后行为分析技术在追逃、制止继续犯罪、收集犯罪证据等方面具有极大的侦查价值,它的理论基础是托尔曼关于犯罪环境、犯罪心理、犯罪行为的三大变量理论,其事实基础包括内外两方面的因素。从本质上看,它属于犯罪心理画像技术的范畴,是犯罪心理画像技术的继承,但是并非简单的继承,而是发展基础上的基础。它延伸了犯罪心理画像技术的思维过程,同时拓宽了犯罪心理画像技术的应用对象、适应的案件类型,以及实施的目的等。     

A Retrograde Step: The Potential Impact of High Visibility Uniforms Within Youth Justice Reparation

Abstract: The Labour government has recently introduced uniforms for adult offenders undertaking community service as part of their community orders. There have also been calls within the youth justice arena to introduce uniforms to young offenders undertaking reparation. Through observations, interviews and questionnaires with young offenders and their supervising staff, we argue that the introduction of uniforms will be counterproductive on a number of levels. In short, it would be a retrograde step. We conclude with a suggestion on how to increase the visibility of unpaid work by offenders within the community, without the negative impact of uniforms.     

公安边防情报人员在调查访问中的消极心理与调适

公安边防情报活动中的调查访问主要集中在边境地区开展,工作环境复杂,任务艰巨,边防情报人员面对的调查访问对象形形色色。受外界客观环境和调查访问对象的心理反应的影响,再加上自身情报理论水平、实际工作能力以及生理心理素质等诸多方面的不足,边防情报人员在开展调查访问工作时,其很容易表现出消极的心理状态。为此,应采取适当的调适方法消除这种消极的心理状态。     

Self-reported versus diagnosed paraphilias in outpatient sexual offenders

Literature has repeatedly reaffirmed sexual deviance as a risk factor for sexual recidivism, making it an important subject to examine. Yet, not all studies confirm the relevance of sexual deviance and there is a lack of consensus regarding the assessment of it. In the current study, 499 Dutch adult male subjects, admitted for sexual misconduct (possession of child abuse material, child molestation and other types of inappropriate sexual behaviour) to an outpatient forensic treatment facility, were compared regarding sexual paraphilias using self-reports from clients and official DSM-IV-TR diagnoses assessed by professionals. Analyses revealed a relatively low similarity between self-reports and diagnoses, self-reports generating considerably more information. Furthermore, correlating the paraphilias revealed paedophilia associated minimally with the other paraphilias. Lastly, the different types of offenders varied significantly in number of self-reported and diagnosed paraphilias, with the miscellaneous group presenting the most. Considering these outcomes may help assessment and target treatment goals in forensic psychiatry.     

Evaluation of the use of pharmacological treatment with prisoners experiencing high levels of hypersexual disorder

This paper presents an evaluation of the impact of pharmacological treatment in reducing hypersexual disorder in adult males who have been incarcerated following conviction for a sexual offence. The evaluation compares two types of pharmacological treatment, one of which is part of the current NICE guidance for treatment of hypersexuality (Antiandrogens), whilst the other type (SSRIs) is off-label use in the UK for hypersexuality. The participant pool comprised 127 adult male prisoners serving sentences for sexual offences in a UK prison. Participants had been voluntarily referred for pharmacological treatment to manage hypersexual disorder. The results demonstrated a significant reduction of hypersexual disorder pre- and post-medication and contribute to the evidence base for the use of pharmacological treatment with individuals for whom hypersexual disorder may be a salient factor in their offending. Limitations of the current research are discussed.     

Female sex offenders who abuse children whilst working in organisational contexts: offending,conviction and sentencing

To date, there has been very little research into the phenomenon of female-perpetrated institutional child sexual abuse (CSA). This study explored 71 cases of CSA perpetrated by women working with children, considered by UK police and courts between 2000 and 2016. Qualitative and quantitative content analysis was employed to examine court reports, professional regulatory body decisions, media reports and an online sentencing database in order to identify perpetrator and victim characteristics, the nature of the offending behaviour, modus operandi and criminal justice system responses. Findings indicate most women offended alone and had no previous criminal or employment records of concern. Victims were typically male and 15–16 years old. Most women received custodial sentences, typically of 2–3 years in length. Implications for policy and practice are also discussed.     

Risk-Need-Responsivity applications of the MMPI-2 in sexual offender assessment

The present investigation examined the risk, need, and responsivity (RNR) correlates of MMPI-2 scores in a Canadian sample of 349 federally incarcerated sex offenders, followed up prospectively 19 years post-release. In terms of responsivity indicators, more serious profile patterns were associated with younger age, single marital status, lower education, and lower cognitive ability; the scales generally had weak associations with sex offender treatment completion or change. With respect to criminogenic risk and need, Scales F, 4, 6, 8, and 9 and combinations therein had significant associations with structured measures of sex offender risk, and in turn, consistently predicted sexual or violent recidivism over 5 and 10-year follow-ups. Several of these predictive associations were maintained even after controlling for static and dynamic risk factors. Finally, model based clustering of the MMPI-2 scales generated three clusters termed disordered, emotionally distressed, and predominantly antisocial (non-disordered) subtypes. Although comparatively higher rates of violent recidivism were found with the disordered subtype, this group did not have higher levels of risk and need, broadly speaking, than the other subtypes. The RNR implications of the results are discussed in terms of forensic applications of MMPI-2 with sex offender populations.     

Perceived Sanction Threats and Projective Risk Sensitivity: Auto Theft,Carjacking, and the Channeling Effect

Although sanction threats promote fear, among committed offenders, that fear can become a resource with which to sculpt emerging crime preferences. In such cases, criminality is not deterred but channeled. We explore the channeling process here as it relates to auto theft and carjacking. Our qualitative findings reveal that auto thieves are reluctant to embrace the violence of carjacking due to concerns over sanction threat severity they attributed to carjacking—both formal (higher sentences) and informal (victim resistance and retaliation). Meanwhile, the carjackers are reticent to enact auto theft because of the more uncertain and putatively greater risk of being surprised by victims, a fear that appears to overcome the enhanced long-term formal penalty of taking a vehicle by force. We examine the implications of offenders’ decision-making for the analytic intersection of rational choice and deterrence, offering the notion of projective risk sensitivity to encapsulate the process.     

生产、销售伪劣商品罪与假冒注册商标罪的竞合问题探析

关于生产、销售伪劣商品罪与假冒注册商标罪的竞合所涉及的罪数形态问题,主要存在“法条竞合论”、“想象竞合犯论”、“牵连犯论”以及“实质数罪论”等几种观点。在生产、销售伪劣商品罪与假冒注册商标罪竞合的场合,存在“一个行为”和“两个行为”的情形。这对罪数形态的判断会产生直接的影响。在“一个行为”的场合,即行为人在生产伪劣商品的过程中假冒他人的注册商标,或者在生产伪劣商品的过程中假冒他人的注册商标后又销售该商品的,成立想象竞合犯;在“两个行为”的场合,即行为人在他人生产的伪劣商品上假冒注册商标后销售该商品的,成立牵连犯。根据罪数理论通说,对想象竞合犯和牵连犯都应予以从一重罪处断。