毒品再犯相关问题研究

毒品犯罪的社会危害性极其严重。1997年刑法为严厉惩处毒品犯罪,在第356条中规定:“因走私、贩卖、运输、制造、非法持有毒品罪被判过刑,又犯本节之罪的,从重处罚。”文章从对该条文的学理争议入手,在论述毒品再犯的构成条件的基础上,着重探讨了其与一般累犯和危害国家安全累犯的联系和区别,认为它是有别于刑法总则规定累犯制度的一种毒品再犯制度,具有其独特的内涵和价值。对在毒品再犯制度适用中出现的一些重点、难点问题进行了研究。     

Staying straight: lessons from ex-offenders

This paper reports findings of a qualitative study of the experiences of ex-offenders. Incarceration and release from prison create a particularly challenging set of experiences for individuals and families seeking help with social, emotional, and psychological problems, and present significant barriers to understanding for the practitioner. The broad question posed was: What is the experience of ex-offenders? We presumed that the provision of effective treatment services for ex-offenders would require that they first be empathically understood in depth and in all their complexity. Intensive study of twelve subjects produced findings illustrating their unique experience of external and internal challenges. Practice implications are discussed with the aim of helping clinicians understand and serve this underserved and vulnerable population more effectively.     

中俄累犯制度之比较研究

累犯制度是我国刑法中的一项重要法律制度 ,也是重要的法定从重处罚情节。经过对我国现行刑法和 1 997年 1月 1日生效的《俄罗斯联邦刑法典》对累犯制度的分析比较中 ,提出一些值得我国立法界和司法界借鉴的观点 ,以完善我国刑法中的累犯制度。同时 ,在某些方面 ,应注重制度本身的完善。     

Rehabilitation,reintegration and recidivism: a theoretical and methodological reflection

ABSTRACT

The reintegration of ex-offenders into the community has emerged as a key concern of the criminal justice system as prison populations have increased globally. High recidivism rates indicate that prisons have not adequately prepared many prisoners for life after prisons. There are three issues this article explores: first, to unpack the theoretical and methodological issues in understanding the nebulous concept of ‘recidivism’; second, to provide a critique of the ‘risks–needs–responsivity’ model which has formed the basis of prison rehabilitation; and third, to suggest ways to mitigate the effects of institutionalisation to achieve positive rehabilitation and reintegration outcomes.     

A new coat of paint: The bluewashing of justice reinvestment and realignment to community reinvestment

Justice reinvestment has been hailed as a solution to mass incarceration across the United States for nearly 20 years. It suggests that inefficiencies in the criminal justice system can be eliminated to reinvest money in high-incarceration communities to reduce the correlates of crime. However, the implementations have focused on reinvesting criminal justice funds back into public safety, which has led to the “bluewashing” of justice reinvestment. Introduced here, bluewashing occurs when a justice agency that has historically poor social justice performance communicates positive justice performance after implementing a theoretically supported reform in name only. In actuality, the reform has been modified to suit their own continuance. A realignment of the logic and theoretical support of justice reinvestment is critical to produce reforms that can provide relief for states, agencies, and citizens that are promised by justice reinvestment. This work directly connects the justice reinvestment thesis with the spatial interconnectedness of poverty, education, employment, and housing with crime and recidivism. It argues that justice reinvestment is a crime prevention policy that can simultaneously reduce mass incarceration and empower millions of American citizens living in the United States' most brutal conditions.     

累犯构成的若干问题探讨

行为人所实施的前后两罪均为过失犯罪能够构成累犯,但是,当行为人在犯前罪追诉时效完成后又犯新罪、前罪被外国判处并执行有期徒刑以上刑罚后再犯罪、前罪刑罚执行过程中再犯新罪与假释考验期内再犯罪等情形下,则都不能构成累犯。     

Relationship education among incarcerated populations

Abstract

Incarceration represents a significant shift in the life course trajectories of the nearly seven million inmates in the American criminal justice system and their families and can have far-reaching effects on intimate and family relationships. Prior research has highlighted the relationship difficulties that inmates face while incarcerated and upon their release. Using a life course perspective, we review the disruptive impact of incarceration on relationships. We examine how relationship education targeted to incarcerated individuals may be an opportunity to provide knowledge and skills that help improve and maintain healthy relationships both during incarceration and upon release. Relationship education courses have consistently been shown to be effective within a variety of settings, and preliminary studies indicate that they may be effective within incarcerated populations as well.     

Part II: Differences between Sexually Victimized and Nonsexually Victimized Male Adolescent Sexual Abusers and Delinquent Youth: Further Group Comparisons of Developmental Antecedents and Behavioral Challenges

In order to determine the prevalence of childhood sexual abuse among gay, lesbian, and bisexual individuals, we conducted a meta-analysis that compiled the results of 65 articles across 9 countries. The results revealed no significant difference in the prevalence of child sexual abuse between homosexual and bisexual people for both sexes. The prevalence of child sexual abuse among female sexual minorities was significantly higher than that among male sexual minorities. The lowest prevalence was found in South America, followed by Asia. The definition of child sexual abuse, dimension used to measure sexual orientation, year of data collection, and the mean age of participants at the time of assessment influenced the estimated prevalence of child sexual abuse. We conclude that many variables influence the reported prevalence of child sexual abuse among sexual minorities.     

Differences between Sexually Victimized and Nonsexually Victimized Male Adolescent Sexual Abusers: Developmental Antecedents and Behavioral Comparisons

This study compares sexually victimized and nonsexually victimized male adolescent sexual abusers on a number of variables. Self-report measures were administered to 325 male sexually abusive youth (average age 16) in six residential facilities in the Midwest, 55% of whom reported sexual victimization. The results indicate that the sexually victimized sexual abusers have more severe developmental antecedents (trauma, family characteristics, early exposure to pornography and personality) and recent behavioral difficulties (characteristics of sexual aggression, sexual arousal, use of pornography, and nonsexual criminal behavior) than the nonsexually victimized group. Results are contrasted with recent typological research, which found no relationship between sexual victimization and subtype membership. Treatment, research, and theoretical implications are discussed.     

Associations between gambling,substance misuse and recidivism among Canadian offenders: a multifaceted exploration of poor impulse control traits and behaviours

Moderate correlations among gambling, substance use and crime suggest these three behaviours may each be indicators of a single underlying problem trait, such as poor impulse control. We tested whether self-reported traits prospectively predicted future criminal recidivism, when accounting for incarcerated adult offenders' past criminal behaviour, substance use and gambling behaviour. We took a multi-construct approach to measuring components of impulse control, utilizing three questionnaires that assess sensation seeking, poor premeditation, and reward sensitivity. Male participants incarcerated in two federal institutions were invited to complete self-report booklets; participation was self-selected and fully voluntary. Results indicated moderate correlations between measures of trait impulse control, self-reported drug use, and official criminal history (N = 140). Gambling problems prospectively predicted post-release criminal recidivism (n = 83), even when accounting for past criminal behaviour, impulse control traits and substance misuse. Although they represent a small percentage of this sample, results suggest offenders with high gambling problems represent a particularly at-risk group for future crime, who were more than four times likely to reoffend compared to offenders without problem gambling. These results suggest there may be mutual impact of problem behaviours on life outcomes above the contribution of poor impulse control.