放弃重复侵害行为的法律性质

放弃重复侵害行为,不论从主观、客观两个方面说,还是从其行为特征看,其法律性质应当属于犯罪中止,而不是犯罪未遂。     

公共危险犯的未完成形态

公共危险形成之前,可能构成公共危险犯的预备.公共危险形成后,严重后果产生之前,可以看成只是产生了一种作为未遂的危险.因此,行为人及时采取措施防止危险避免实害的,成立犯罪中止.对于放火罪,形成独立燃烧状态,只是表明未遂危险的形成,在严重灾害发生之前,仍有成立犯罪中止的可能.     

Parolee Perceptions of Case Management Practices during Reintegration

Researchers argue that the therapeutic alliance is a crucial ingredient for successful releasee treatment outcomes, and more recently in effective correctional treatment. Within the context of the criminal justice system, I illustrate the value of the therapeutic alliance in effective case management and in supporting desistance from crime for reintegrating parolees. The study involved in-depth, semistructured interviews with 56 high-risk/high-need federal male parolees and three parolee case studies. Releasees reported an appreciation for their relationship with their caseworker(s), which they described as supportive and without judgment. I argue this relationship reflects the social dimensions of responsivity and embodies the valued treatment components, optimized through a therapeutic alliance, that foster pathways to releasee reintegration. I conclude by discussing the role of therapeutic alliances in processes of and implications for effective correctional treatment.     

INTIMATE PARTNER VIOLENCE IN YOUNG ADULTHOOD: NARRATIVES OF PERSISTENCE AND DESISTANCE

Prior research on patterns of intimate partner violence (IPV) has documented changes over time, but few studies have focused directly on IPV desistance processes. This analysis identifies unique features of IPV, providing a rationale for the focus on this form of behavior cessation. We develop a life‐course perspective on social learning as a conceptual framework and draw on qualitative interviews (n = 89) elicited from a sample of young adults who participated in a larger longitudinal study (Toledo Adolescent Relationships Study). The respondents’ backgrounds reflected a range of persistence and desistance from IPV perpetration. Our analyses revealed that relationship‐based motivations and changes were central features of the narratives of successful desisters, whether articulated as a stand‐alone theme or in tandem with other potential “hooks” for change. The analysis provides a counterpoint to individualistic views of desistance processes, highlighting ways in which social experiences foster attitude shifts and associated behavioral changes that respondents tied to this type of behavior change. The analyses of persisters and those for whom change seemed to be a work in progress provide points of contrast and highlight barriers that limit a respondent's desistance potential. We describe implications for theories of desistance as well as for IPV prevention and intervention efforts.     

SELF‐CONTROL,SOCIAL BONDS,AND DESISTANCE: A TEST OF LIFE‐COURSE INTERDEPENDENCE

Theoretical debates and empirical tests on the explanation of stability and change in offending over time have been ongoing for over a decade pitting Gottfredson and Hirschi's (1990) criminal propensity model against Sampson and Laub's (1993) life‐course model of informal social control. In 2001, Wright and his colleagues found evidence of a moderating relationship between criminal propensity, operationalized as self‐control, and prosocial ties on crime, a relationship they term life‐course interdependence. The current study extends their research by focusing on this moderating relationship and the developmental process of desistance from crime among serious juvenile delinquents. Contrary to the life‐course interdependence hypothesis, the results indicate that whereas self‐control and social bonds are strongly related to desistance from crime, there is no evidence of a moderating relationship between these two factors on desistance among this sample. The implications of this research for life‐course theories of crime, future research, and policies regarding desistance are discussed.     

THE CONTEXT OF MARRIAGE AND CRIME: GENDER,THE PROPENSITY TO MARRY,AND OFFENDING IN EARLY ADULTHOOD*

Marriage is central to theoretical debates over stability and change in criminal offending over the life course. Yet, unlike other social ties such as employment, marriage is distinct in that it cannot be randomly assigned in survey research to more definitively assess causal effects of marriage on offending. As a result, key questions remain as to whether different individual propensities toward marriage shape its salience as a deterrent institution. Building on these issues, the current research has three objectives. First, we use a propensity score matching approach to estimate causal effects of marriage on crime in early adulthood. Second, we assess sex differences in the effects of marriage on offending. Although both marriage and offending are highly gendered phenomena, prior work typically focuses on males. Third, we examine whether one's propensity to marry conditions the deterrent capacity of marriage. Results show that marriage suppresses offending for males, even when accounting for their likelihood to marry. Furthermore, males who are least likely to marry seem to benefit most from this institution. The influence of marriage on crime is less robust for females, where marriage reduces crime only for those with moderate propensities to marry. We discuss these findings in the context of recent debates concerning gender, criminal offending, and the life course.     

LONG‐TERM CRIME DESISTANCE AND RECIDIVISM PATTERNS—EVIDENCE FROM THE ESSEX COUNTY CONVICTED FELON STUDY*

Two conflicting definitions of desistance exist in the criminology literature. The first definition is instantaneous desistance in which an offender simply chooses to end a criminal career instantaneously moving to a zero rate of offending ( Blumstein et al., 1986 ). The second definition views desistance as a process by which the offending rate declines steadily over time to zero or to a point close to zero ( Bushway et al., 2001 ; Laub and Sampson, 2001 ; Leblanc and Loeber, 1998 ). In this article, we capitalize on the underlying assumptions of several parametric survival distributions to gain a better understanding of which of these models best describes actual patterns of desistance. All models are examined using 18 years of follow‐up data on a cohort of felony convicts in Essex County, NJ. Our analysis leads us to three conclusions. First, some people have already desisted at the beginning of the follow‐up period, which is consistent with the notion of “instantaneous desistance.” Second, a three‐parameter model that allows for a turning point in the risk of recidivism followed by a long period of decline fits the data best. This conclusion suggests that for those offenders active at the start of the study period, the risk of recidivism is declining over time. However, we also find that a simpler two‐group model fits the data almost as well and gains superiority in the later years of follow‐up. This last point is particularly relevant as it suggests that the observed gradual decline in the hazard over time is a result of a compositional effect rather than of a pattern of individually declining hazards.     

CHANGES IN CRIMINAL OFFENDING AROUND THE TIME OF JOB ENTRY: A STUDY OF EMPLOYMENT AND DESISTANCE

Does employment promote desistance from crime? Most perspectives assume that individuals who become employed are less likely to offend than those who do not. The critical issue has to do with the timing of employment transitions in the criminal trajectory. The turning point hypothesis expects reductions in offending after job entries, whereas the maturation perspective assumes desistance to have occurred ahead of successful transitions to legitimate work. Focusing on a sample of recidivist males who became employed during 2001–2006 (N = 783), smoothing spline regression techniques were used to model changes in criminal offending around the point of entry to stable employment. Consistent with the maturation perspective, the results showed that most offenders had desisted prior to the employment transition and that becoming employed was not associated with further reductions in criminal behavior. Consistent with the turning point hypothesis, we identified a subset of offenders who became employed during an active phase of the criminal career and experienced substantial reductions in criminal offending thereafter. However, this trajectory describes less than 2 percent of the sample. The patterns observed in this research suggest that transition to employment is best viewed as a consequence rather than as a cause of criminal desistance.     

Identities Through Time: An Exploration of Identity Change as a Cause of Desistance

Research examining desistance from crime (the process of decreasing offending over time) has increased over the last 20?years. However, many explanations of desistance remain somewhat exploratory. One theory in particular that is becoming more prominent includes the idea that desistance is caused by a change in identity (e.g. from deviant to pro-social). While qualitative support has been found for this proposition, prospective quantitative studies have not been conducted on this theory. This study addresses that gap by examining how pro-social identities change over time and whether these changes correspond to desistance from crime. The results of growth curve models indicate that pro-social identity increases over time and is a robust predictor of criminal behavior over the life course. These results offer support to identity theories of desistance and also provide important information for correctional programming.     

A Criminal Career Study of the Continuity and Discontinuity of Sex Offending during the Adolescence-Adulthood Transition: A Prospective Longitudinal Study of Incarcerated Youth

Longitudinal research has seriously challenged assumptions that juvenile sex offenders (JSO) are characterized by high level of dangerousness, mental health problems, and crime specialization in sex offenses. The current study examines the longitudinal pattern of offending among a sample of JSO and a sample of juvenile nonsex offenders. The research design includes longitudinal data over a nine-year period allowing the examination of offending patterns and the crime mix from age 12 to age 23. The findings highlight that, while JSO are prone to persist offending in adulthood, there is limited continuity of sex offending. Further, the findings stress the importance of taking into account nonsexual juvenile delinquency, more specifically, youth violence, to make a better assessment of early adult offending outcomes of JSO.