Prosecuting Domestic Violence without Victim Participation

This article explores the evidential challenges victim withdrawal presents in domestic violence cases. More specifically it examines innovative measures taken in the United States to overcome problems of proof typically associated with domestic violence prosecutions. These evidentiary initiatives have facilitated a shift towards so–called 'victimless' prosecution in the context of domestic violence which dispenses with victim participation. Drawing upon a 'freedom model' of criminal justice, this article examines whether recent developments in the United States might be emulated as a means of addressing the high rate of attrition in domestic violence cases in England and Wales.     

试论知识产权犯罪被害机理研究方法

传统被害研究范式认为，犯罪之因和被害之果是一种有序的联系，在因果之间完全可以用逻辑推理作为沟通桥梁。但逻辑不是万能的，在刑事法领域中，刑事疑难问题单纯凭借对法规则的逻辑适用并不能得到令人满意的解决，还应当正式引入实证研究方法从被害人和被告人两个角度进行经验层面的研究。     

Crime Victimization: Assessing Differences Between Violent and Nonviolent Experiences

Experiencing a criminal victimization is among one of the most stressful human experiences. A cross-sectional study of victims of violent crime and victims of nonviolent crime suggests that there are statistically significant differences in experiences in the initial aftermath of the crime event and a few common effects. This article describes the common effects that are associated with criminal victimization in the context of intense distress and discusses the theoretical implications of well-being in the coping process. One hundred seventy-five victims of violent or nonviolent crime were interviewed. Implications for social work practice and theory and future research are delineated.     

论被害人国家补偿制度的价值及本土化

被害人国家补偿制度是国家对遭受犯罪行为侵害而又没有得到充分赔偿的被害人及其家属,通过法律程序给予一定物质补偿的制度。其理论基础在于公平正义理念之彰显,国家基于契约义务所产生的责任和公共福利的实现。我们应当在借鉴外国立法的基础上,构建一种既符合我国本土特点又具备先进理论框架支撑的被害人补偿制度的范式。     

试论侦查阶段被害人诉讼权利的保护

我国《刑事诉讼法》对被害人在公诉案件侦查阶段的诉讼权利规定较少,这与被害人的当事人地位不相称,在司法实践上很难充分保护被害人的合法权益。立法上应当完善被害人在此阶段享有的诉讼权利,以充分保护被害人的合法权益,实现社会正义。     

涉众型经济犯罪案件 追缴与退赔执行的困境及对策

涉众型经济犯罪的复杂性、特殊性决定了其判后追缴、退赔工作的难度,在"重人身、轻财产"的刑事司法理念影响下,涉案财产的性质与权属不明、查控与保全滞后、裁判主文表述不明等问题都未能给判后执行创造良好的基础和条件,且容易造成审判与执行的脱节。对此,应及早保全涉案财物并妥善保管,构建正当的审理程序,落实实体审理内容并规范制作裁判文书,为后续执行奠定正当性的实体基础和物质基础。     

对我国建立被害人国家补偿制度的立法思考

犯罪被害人的权利救济是现代人权保护的一个重要问题。当被害人遭受犯罪行为侵害而又难以得到充分赔偿时,为保护被害人权利,彰显社会公平,应当由国家给予一定的物质补偿。结合我国国情并借鉴国外的经验,应尽快建立我国的被害人国家补偿制度。     

Two Models of Monetary Redress: A Structural Analysis

Monetary redress is a developing area of human rights policy. The article examines how a redress program’s design affects the interests of program applicants. It distinguishes two program models, individual assessment and common experience, and explores their differing effects on applicants’ interests. Analyzing two Irish cases, redress for survivors of the industrial schools and the Magdalene laundries, the discussion is applicable to a wide range of redress programs including those in postconflict, transitional justice, and postcolonial contexts.     

The right to commemoration and “ideal victims”: the puzzle of victim dissatisfaction with State-led commemoration after 9/11 and 3/11

This article explores the puzzle of victim dissatisfaction with State-led commemoration following 9/11 and 3/11 by offering a cross-national case study through which to view key areas of theoretical debate in the sociology of human rights, cultural trauma and collective memory, and the politics of victimhood. Although State-led commemorative processes are often highly contested, we would expect them to be less so in the cases of 9/11 and 3/11, given broad social consensus about the victims’ right to commemoration and the traumatic nature of the events, and especially the “ideal nature” of the victims who as symbolic representatives of the State are conferred with great moral authority. Drawing on primary and secondary data on the commemoration of the attacks of 11th September 2001 and 11th March 2004 we find that despite sharp differences between commemorative processes, three common key areas of contestation and dissatisfaction for victims emerge: political instrumentalisation, hierarchies of worth and exclusion. We show how the status of ideal victimhood for victims of transnational terrorism carries within it an inherent paradox which provides the key to their dissatisfaction, namely the moral authority conferred on them as representatives of the State simultaneously depersonalises them, excluding them as individuals with rights and needs.     

Blaming the Victim: Perceptions About Incarcerated Sexual Assault Victim Culpability Among a Sample of Jail Correctional Officers

Research examining correctional officer perceptions about the sexual victimization of inmates is rare. This research offers a first glimpse of what personal, job-related, and attitudinal factors influence blaming incarcerated sexual assault victims among a sample of 376 jail correctional officers in one state. Surveys are utilized to elicit understanding about officer perceptions of incarcerated victims. Findings indicate that jail correctional officer blaming of incarcerated sexual assault victims is highly correlated with perceptions about rape myths and homosexuality. Specifically, officers who adhere to rape myths and disapprove of homosexuality are more likely to blame incarcerated victims of sexual assault. This study is a first to examine factors correlated with jail correctional officer blaming of incarcerated sexual assault victims. The results are useful in understanding the perspectives of jail correctional officers and experiences of victims incarcerated in jails. Implications for correctional institutions and authorities include attending to the issue of sexual assault in correctional facilities, understanding staff perceptions that are related to this issue, training of staff, and classification of inmates.