论未成年人恶性犯罪追责机制之完善——以恶意补足年龄规则为鉴

未成年人犯罪在近几年来逐渐倾向于恶性化、低龄化,尤其有关完全不负无刑事责任年龄人的恶性犯罪案件屡屡出现于舆论焦点,社会影响较为恶劣,及时完善刑事责任年龄等相关法律制度尤为重要。可以参考英美国家“恶意补足年龄”规则适用的司法实践,其针对未成年人恶性犯罪个案的犯罪主体资格补足机制,对于未成年人恶性犯罪追责机制完善乃至犯罪防控具有重要意义。针对特定犯罪适当设置特殊年龄区间,并在该区间内,针对特定的犯罪人加以适用“恶意补足年龄”规则,可考虑其于未来我国未成年人恶性犯罪追责机制补充衔接的合理性。     

未成年人犯罪案件刑事附带民事诉讼若干问题探析——以我国新《刑事诉讼法》的相关规定为中心

2012年修改的我国《刑事诉讼法》实施后，未成年人犯罪案件刑事附带民事诉讼中可能存在“合适成年人”无法作为民事诉讼法定代理人以维护有关未成年人民事权益、适用“当事人和解的公诉案件诉讼程序”时将被告人赔偿与否作为量刑情节而造成对被告人不公、适用“简易程序”时法官施压调解而干预阻碍被告人行使民事诉讼权利、审判人员能否兼备审理刑事案件与民事案件的专业素养等问题。为了在发挥刑事附带民事诉讼制度优点的同时一定程度上控制其缺陷所造成的不利影响，司法解释应规定在未成年人犯罪案件中，刑事附带民事诉讼制度不适用于刑事附带民事诉讼的民事部分标的金额较大的情形、被告人可能被判处较重刑罚的情形、刑事附带民事诉讼的刑事部分与民事部分审级不一致的情形、案件审理时间较长的情形。     

降低刑事责任年龄否定论

降低刑事责任年龄的提议主要立足于三个命题:“犯罪低龄化”现象严重,降低刑事责任年龄是解决“低龄犯罪人”问题的应然手段,低龄未成年人已具备相当的辨认、控制能力。通过对实证数据与相关论据的收集分析,前两个命题得到证伪,第三个命题无法证明,由此可以否定降低刑事责任年龄观点的合理性依据。从我国历史与近代刑事责任年龄设定的发展历程来看,调整年龄节点的主张从未停止,援用的理由相差无几,经历过多次变动与论证后延续至今,具备符合我国社会发展实践的合理性与稳定性。从我国的义务教育设置与年龄之间的对应关系出发,刑事责任年龄确定的基准点应以义务教育的结束为合理节点,采取“从高到低”的刑事责任年龄设定逻辑。综合上述理由,兼顾少年司法“教育为主、惩罚为辅”刑事政策导向,最终得出当前的刑事责任年龄设置合理,不需降低的结论。     

美国未成年人案件保密性原则及其松动

美国未成年人案件保密性原则在司法实践中比较复杂。基于"双轨制"现实,未成年人身份过错、偏差及轻微犯罪案件通常由少年法院审理;而对于较严重的未成年人刑事案件,则会移送至刑事(成人)法院审理。对于后者,因其刑事性质,被移送受审的未成年人将被视为成年人受审,其案件庭审及记录除特殊情形外原则上不予保密。而对于前者,此类案件大体上适用保密性原则。不过随着对儿童利益最佳原则及防卫社会的双向反思,对在少年司法体系内的较严重犯罪案件与虐待、遗弃及照管不良等案件,少年法院保密性原则亦有较大松动。     

Social bonds and male juvenile delinquency while on probation: An exploratory test in Hong Kong

The Hong Kong probation system is considered as the least researched component within the criminal justice system. Therefore, limited information is known about the Hong Kong probation system and offenders who are serving their probation order, especially in the juvenile population. This study is among the first to examine the differential effects of social bonds (Hirschi, 1969), measured during their probation period, on theft and violent delinquency in a saturated sample of 94 juvenile male probationers (aged 14 to 20 years) in Hong Kong. As expected, findings indicate that poor parental bonding and negative belief in the legal system are likely to increase the propensity to commit theft and violent delinquency, respectively, including the probation period. However, though not uncommon, the increase level of involvement in organizational activities is likely to result in the increase of propensity to commit violent crime, even during the probation period. This study further offers the implications for social services that target the juvenile offenders in terms of fostering a healthy parent-child bonding and a clear understanding of the criminal justice system via the enhancement of the police-youth relationship. Limitations and future research directions are also outlined.     

The effects of gender,age, and parental attachment on delinquency: A test for interactions

A recent interest in juvenile delinquency is the effect of parental attachment on delinquency for males and females. This study contributes to this research by demonstrating that the effect of gender on the relationship between parental attachment and delinquency depends on age. The inverse effect of virtual supervision on delinquency is significantly greater for males at age 15 than at age 11, and significantly greater for males than for females at age 15. The inverse effect of intimacy of communication on delinquency is significantly greater for males at age 11 than at age 18, and significantly greater for females than for males at age 18. The implications of these results for Hirschi's theory and future research comparing male and female delinquency are discussed.     

Divorce and immigration: the social integration of immigrant divorcees in Israel

This paper attempts to supply information on what motivated some 7000 Jewish divorcees to leave their countries of origin in the last decade and settle in Israel. The study also examines the differences in social integration of immigrant divorcees who came to Israel from different political systems--authoritarian or democratic regimes. Finally, the study examines the extent to which immigrant divorcees, who generally arrive in Israel with children, are to be considered as a "high risk" social group requiring special attention and particular aid. Of the 287,487 immigrants aged 15 years and over who arrived in Israel between 1970-1980, 53.7% were women (sex ratio: 860 males per 1000 females), and 3.6% were divorced. The findings indicate that there are significant differences between divorcees from Anglophone and Eastern European countries in their motivation for immigrating to Israel. The former decide to immigrate primarily for individual reasons--generally after divorce--expecting that immigration will increase chances of remarriage. In contrast, those who came from Eastern Europe are motivated by political, economic, and ideological reasons; the issue of immigration often sparks the divorce crisis. Divorcees from Anglophone countries are less socially isolated, more likely to meet veteran Israelis, and more satisfied with their life in Israel. Eastern European divorcees usually restrict their social contact to encounters with other immigrants from their country of origin, are less satisfied with their life in Israel, and feel themselves more isolated and frustrated. Despite the difficulties encountered by this group, it was found that there are no marked differences between divorcees and married immigrant women in social integration. In Israel, immigrant divorcees cannot be considered as a "high risk" social group.     

Myth versus Reality: Comparing the Depiction of Juvenile Delinquency in Metropolitan Newspapers with Arrest Data*

While the extant literature on the social construction of crime in the media is extensive, little literature exists on the media's construction of juvenile delinquency in newspapers, particularly in small cities. Even though smaller metropolitan areas have lower crime rates, how these newspapers construct delinquency undoubtedly impacts the attitudes, behaviors, and fears of residents, perhaps more so than in larger metropolitan areas. The purpose of this research is to assess how newspapers from five of the smallest Metropolitan Statistical Areas (MSAs) socially construct juvenile delinquency, offenders and victims, and to assess whether or not these images perpetuate myths related to juvenile delinquency. An analysis of 231 articles indicates that small‐MSA newspapers construct an inaccurate image of juvenile offenders that significantly promotes the myth of juveniles as violent predators. Specifically, juvenile offenders are constructed as violent predators with innocent, random victims. In contrast, newspapers construct a more accurate picture of victims, with females represented as the most common juvenile victim, and sexual assault victimization as the most common of all juvenile violent crime victimization.     

HIGHER EDUCATION AND CRIMINAL OFFENDING OVER THE LIFE COURSE

Educational attainment and school bonding are established predictors of delinquent behavior. In spite of an abundance of research on the relationship between education and delinquency, there is little research that examines the impact of education on stability and change in criminal offending over the life course. This dearth of research is surprising given the increasing significance of post-secondary education in contemporary society and the prominence of the life course approach in the study of crime. The current study uses seven waves of data from the National Youth Survey to examine the impact of higher education on criminal offending over the life course. Findings indicate that college attendance and investment in higher education are negatively associated with criminal offending in adulthood. In addition, the protective effect of higher education is stronger for individuals who were more delinquent during adolescence. Study limitations and future research needs are discussed.     

Perceptions of Immigrant Criminality: Crime and Social Boundaries

Researchers studying the relationship between immigration and crime frequently note the discrepancy between actual rates and public perceptions of criminal behavior by immigrants. Analyzing staff‐ and reader‐generated texts in a local newspaper, we find that this connection is maintained through a conflation of key terms, assumptions of the legal status of immigrants, and a focus on high‐profile criminal acts. We argue that the discourse of immigrant criminality has been critical in constructing social boundaries used in recent immigration legislation. Our analysis helps explain why current scholarly findings on immigration and crime have had little influence in changing public opinion.     

Family transitions and juvenile delinquency

There is a large body of research that shows children from non-intact homes show higher rates of juvenile delinquency than children from intact homes, partially due to weaker parental control and supervision in non-intact homes. What has not been adequately addressed in the research is the influence of changes in family structure among individual adolescents over time on delinquent offending. Using the first and third waves of the National Youth Study, we assess the effect of family structure changes on changes in delinquent offending between waves through the intermediate process of changes in family time and parental attachment. Although prior research has documented adolescents in broken homes are more delinquent than youth in intact homes, the process of family dissolution is not associated with concurrent increases in offending. In contrast, family formation through marriage or cohabitation is associated with simultaneous increases in offending. Changes in family time and parental attachment account for a portion of the family formation effect on delinquency, and prior parental attachment and juvenile offending significantly condition the effect of family formation on offending.     

THE RELATIONSHIPS AMONG ADOLESCENT PREGNANCY, PREGNANCY RESOLUTION, AND JUVENILE DELINQUENCY

We apply criminological theories of social control to explore the relationships among adolescent pregnancy, pregnancy resolution, and juvenile delinquency. While most ever-pregnant girls have especially high rates of delinquent behavior, adolescent mothers exhibit delinquency levels no higher than those of their never-pregnant peers. Unlike adolescent females who end their pregnancies through abortion, those who keep their babies experience a dramatic reduction in both smoking and marijuana use. Our results suggest that among adolescent girls, the birth of a child has a strong trajectory-modifying effect. It serves as a mechanisms of social control and substantially reduces the likelihood of delinquent behavior.     

Statistical estimation of co-offending youth networks

The relevance and potential of network approaches in criminology are well known. Friendship networks and antisocial influences conveyed by them have an impact on the spread of criminal behavior. However, there are relatively few studies reporting on the use of statistical network models in the analysis of delinquency data. The purpose here is to discuss statistical network models that might be appropriate for estimating joint participation in crime and the structure of co-offending youth networks. The discussion is largely based on problems encountered in some recent exploratory studies of juvenile crime in Stockholm with register data from the police on suspected offenders. A bipartite graph model of such data is built from assumptions about crime reporting and offender detection for a specific type of crimes committed in a certain area during a certain time period. It is shown how the model parameters and the numbers of crimes of different sizes, the numbers of offenders of different activities, and the total number of offences can be estimated from data about reported crimes and police identified offenders. The illustrations also show the need for further statistical development.     

Romantic Partners' Contribution to the Continuity of Male and Female Delinquent and Violent Behavior

Using data drawn from the National Longitudinal Study of Adolescent Health (Add Health), this study examined males' and females' criminality in young adulthood with models that considered the associations of both their own past delinquency and their current partners' criminality. Specific models considered the main effects of both previous adolescent delinquency and violence and current opposite sex romantic partners' criminality and violence, as well as the interaction of these with each other and by sex of primary participant. Main effects for adolescent delinquency and partners' criminality were significant; however, the results of the interactions by sex suggest different patterns of results for males and females. Models run separately by sex showed that having a prior delinquent history predicted adult criminality for males but not for females, while being in a relationship with a criminal partner increased the odds of criminal behavior in young adulthood for both males and females. A different pattern of results was found for violence in young adulthood. Having a prior violent history predicted adult violence for males and females. However, being in a relationship with a violent partner increased the odds of violent behavior for females only.     

The Enduring Significance of Racism: Discrimination and Delinquency Among Black American Youth

Prominent explanations of the overrepresentation of Black Americans in criminal justice statistics focus on the effects of neighborhood concentrated disadvantage, racial isolation, and social disorganization. We suggest that perceived personal discrimination is an important but frequently neglected complement to these factors. We test this hypothesis with longitudinal data on involvement in general and violent juvenile delinquency in a sample of Black youth from a variety of communities in 2 states. We examine the direct effects of concentrated disadvantage and racial isolation and the direct and mediating effects of social organization, support for violence, and personal discrimination. Consistent with our hypothesis, perceived personal discrimination has notable direct effects on both general and violent delinquency and is an important mediator between neighborhood structural conditions and offending; moreover, its effects exceed those associated with neighborhood conditions.     

The Family and Juvenile Delinquency*

This paper examines the effect of various “family variables” on the etiology of juvenile delinquency. These self-report data are unique in that they are from reports by parents of their child's behavior, the nature of the child's life at home, and parental perceptions of their relationship with the child. How the family and delinquency literature fit into control theory's conceptualization of the importance of a child's attachment to the family as a determinant of delinquency is evaluated. Variables measuring (1) family structure, (2) poor parental characteristics, (3) household characteristics, and (4) parent-child relationships are examined. The attachment variable was found to be the strongest predictor of delinquency and helps to “interpret” the effects of other variables that are significantly related to delinquency. The variables that predict male delinquency were found to be different from those that predict female delinquency. Characteristics of the parents' marriage play an important role for boys, while misbehavior of girls is more strongly predicted by variables measuring parent-child interaction and parental control.     

Rejoinder to Roberto Bachi's article on The Population of Israel

This article is a response by authors Friedlander and Goldscheider to a review article about their book written by Roberto Bachi. They maintain that he has misunderstood their analysis. In order to convey the gist of their analysis, a brief outline is presented of the objectives of their book, The Population of Israel. According to the authors, Israel provides an interesting case study of the relationship between population processes and policies which may have more far-reaching implications. The focus on Bachi's criticisms is on the analysis of immigration patterns and policies, especially an evaluation of Israeli natality policies. Mainly, he was critical of the immigration model, where the use of absolute numbers of immigrants rather than rates of immigration was preferred. The authors did compare immigration rates and volume of immigration for the periods 1924-26 and 1933-36 and these waves of migration were analyzed. Bachi has claimed that the main reason for the decline in immigration to Israel is due to the progressive exhaustion of Jewish population outside Israel; clearly the appropriate explanation is otherwise. Bachi should be able to see how immigration to Israel has responded in ways similar to the socioeconomic and political forces of other international migrations. The authors cite Bachi on 2 points and show how he wrote a biased and distorted review in order to defend his ideological position. Kibbutz fertility and birth rates as influenced by abortion are the 2 issues discussed. The 2 authors claim that since abortion in Israel is connected to socioeconomic and ethnic subgroups, a policy which restricts abortions would reinforce ethnic stratification and discrimination. Other criticisms by Bachi are refuted as well. The authors feel that it is necessary to question the assumptions underlying policies, to evaluate critically their efficacy, and to search out the relative costs and benefits of alternative investments. In analyzing population policies and patterns in Israel, Friedlander and Goldscheider argue for the central importance of population factors in the continuing evaluation of Israeli society. New population polcies must take into account the errors and weaknesses of previous policies in order that they not be repeated.     

Programa shortstop: a culturally focused juvenile intervention for Hispanic youth

Culturally sensitive juvenile delinquency and substance abuse interventions are relatively limited and unavailable to many first-time Hispanic juvenile offenders. The purpose of this study was to test the effectiveness of a culturally focused juvenile and substance abuse intervention program for first time Hispanic youth offenders. The intent of the program was to decrease juvenile recidivism and increase substance abuse resistance. Programa Shortstop is a family based intervention designed for Hispanic youth ages 9-17. The intervention was delivered to 352 youth and at least one parent/caregiver over the 5-year study period. For intervention youth, the results of the recidivism study (n = 321) indicated that 89% of youth participating in Programa Shortstop between 1995 to 1997 were not rearrested within one year of completing Programa Shortstop. Additionally, statistical paired t-test analysis found that the intervention model had a positive effect on legal knowledge and school related factors associated with substance abuse and delinquency. Parent participants demonstrated significant increases in knowledge related to substance abuse and the legal system.     

Parenting and the association between maternal criminal justice involvement and adolescent delinquency

The high rate of adult criminal justice involvement in the United States has resulted in many unintended consequences for families of offenders. Families involved with the criminal justice system are disproportionately involved with the child welfare system, and adolescents involved in both systems (i.e., dual system involvement) exhibit higher levels of delinquency. Yet, a lack of research exists on dual system involvement and the effects on youth. The current study leveraged nationally representative and longitudinal data of families involved in the child welfare system to examine whether maternal criminal justice involvement predicted increases in youth delinquency. An ecological model tested the effects of maternal justice involvement beyond cumulative risks as well as the potential buffer of parental monitoring and non-violent discipline on system involvement. Results suggested child welfare-involved youth exhibited similar levels of delinquency over time, regardless of maternal justice involvement. Although youth with maternal justice involvement reported more parental monitoring, the level of monitoring mattered more for youth without maternal justice involvement who exhibited decreased delinquency in the presence of high parental monitoring compared to low monitoring. The differential pattern of association between parental monitoring and youth delinquency for dual-system involved families suggests they are distinct and may carry implications for treatment response aimed at delinquency reduction through parent training. These findings underscore the importance of interagency coordination around policy and interventions to identify these high risk families at risk of slipping through the cracks of multiple service involvement.     

The Effect of Male Delinquency on Mothers and Fathers: A Heuristic Study

This paper addresses some of the lacunas extant in the empirical literature on adolescents. The focus rests on studying the impact of juvenile delinquency not on adolescents, but on their parents. From an interactional perspective, adolescents are denned as proactive social actors who contribute to the quality of their family lives. A multisample, multimethod study of delinquents'parents is conducted and finds that parents are highly affected by their children's delinquency; this effect is particularly strong for mothers compared to fathers. Difficult adolescent behaviors and delinquency lead to a series of complications and stressors in parental lives. Research questions are suggested that target a broad range of variables and themes.