公正、刑事政策与刑法关系辨

公正的概念是随着社会的发展而不断变化的。公正价值因学者认知的不同而引起争议,法律（尤其是刑法）与公正价值有天然对接,刑事政策与公正的关系十分复杂。刑事政策、刑法应反映和内含公正价值,在刑法的刑事政策化语境下,公正如何被体现等问题值得研究。报应正义和刑罚人道是宽严相济刑事政策的基本价值蕴涵,恢复性正义有望成为新的时代公平正义观。     

The Great Books in Criminal Justice: As Ranked by Elite Members of the Academy of Criminal Justice Sciences

Attempts to define the core body of knowledge in criminal justice have provided diverse and disparate explanations of what could be considered as central to the discipline. Previous efforts have focused on frequently cited authors and works, required learning for students and the personal beliefs of individual scholars. The present work adds to this body by examining the works considered by an elite sample of criminal justice educators as classics in the field. Based on a survey of Academy of Criminal Justice Sciences Presidents, Fellows and Bruce Smith Award winners the classic books in criminal justice are identified. Results show that a wide range of works and authors is identified, with relatively little consensus either across the sample or with previously identified works and authors. Comparison of presently identified works with those frequently cited and commonly required for doctoral students shows that only a minority of works identified by others are also considered classics by our elite sample.     

PhD Program Prestige and Faculty Location in Criminal Justice and Sociology Programs

Criminal justice education is striving to become completely integrated into the academic community and in the process has assumed many of the characteristics of the more established disciplines. Prestigious academic programs hiring PhDs from other prestigious programs has been a familiar pattern for many established academic programs. The initiative to maximize program prestige by hiring PhDs from high-ranking programs is thought to benefit both program and individuals. This study examined the sources of PhD degrees among prestigious and less prestigious programs in criminal justice and compared the results to those found for sociology. Taking into account the multidisciplinary nature of criminal justice and its faculties, among ranked criminal justice programs, a tendency for highly ranked programs to hire PhDs from other highly ranked programs was observed although not as strongly as that found in sociology. Some questions for criminal justice education raised by this pattern were identified.     

Introducing Forensic Anthropology to the Criminal Justice Department: Designing an Effective Curriculum for the Virtual Field and Laboratory

Forensic anthropology is burgeoning but traditionally under the auspices of anthropology departments where the methodology is grounded. Emphasizing the field’s applications justifies its position in criminal justice departments as identification of human skeletal remains serve to uphold the law. As criminal justice programs expand online, online forensic anthropology curriculum must be evaluated. The purpose of this study is to design a forensic anthropology course that meets objectives as equivalently and effectively online as it does face-to-face and test this by comparison of student learning outcomes and satisfaction between the courses. Learning outcomes are measured using mean scores of labs, quizzes, projects, and final grades. Student satisfaction is measured through evaluations. Results demonstrate that objectives are equally achieved and teaching is effective in both cases as student success is as high online as it is on campus. Student perceptions of the courses are also above average in both methods of delivery.     

Successful Transitions to Graduate School: Using Orientations to Improve Student Experiences in Criminology and Criminal Justice Programs

The initial transition to graduate school provides a critical opportunity for promoting a positive educational experience among incoming students. This study discusses the importance of this transition and then describes a novel student-led orientation approach to facilitating successful entry of new students into criminology and criminal justice graduate degree programs. Results from an evaluation of this approach are presented. Analyses of focus group and student survey data indicate that graduate students matriculating into a criminology and criminal justice program in a southern state felt welcomed and found the information, guidance, and social networks that they developed to be helpful. At the same time, students identified ways the orientation could be improved for future cohorts. A student-led orientation, along with evaluation of it, provides a promising strategy for criminology and criminal justice graduate programs to create positive educational and professionalization experiences for their students.     

A study on the attitudes and experiences of chairpersons in American Criminology and Criminal Justice Programs

Building on Todd Clear’s () recent declaration that academic criminal justice has come of age, this study examines chairs in American criminology and criminal justice programs. By way of survey, chairpersons (n?=?78) randomly selected from programs across the United States were questioned in a number of areas related to their positions. The study finds that chairs in these programs are struggling with the same concerns as chairs in other academic disciplines (i.e., competing roles and job‐related stress). As such, while many of them are fairly satisfied with their positions, most of them plan on returning to the faculty once their term is completed. Based on the results of the research, there were two clear implications. First, because of the onerous time demands, young scholars are to be discouraged from taking on significant administrative responsibilities until they have been promoted, tenured, and have achieved some level of accomplishment within the discipline. Second, scholars who are currently chairs and have ambitions of moving through the administrative ranks should be encouraged to do so. As more criminologists progress through the administrative ranks, it is anticipated that the discipline will be viewed and treated more favorably within American universities.     

Building Bridges Between Neuroscience,Cognition and Education With Predictive Modeling

As the field of Mind, Brain, and Education seeks new ways to credibly bridge the gap between neuroscience, the cognitive sciences, and education, various connections are being developed and tested. This article presents a framework and offers examples of one approach, predictive modeling within a virtual educational system that can include representations from the neural level to the policy level. Researchers could calibrate, test, and question the model, potentially providing quicker, more efficient, and more responsible ways of making advances in the developing educational field. Virtual investigations using models with this sort of capability can supplement the valuable information derived from carrying out policy and instructional experiments in real educational contexts.     

辩诉交易与宽严相济政策下的中国刑事司法

美国的辩诉交易及各国的类似制度表明.对于被告人认罪的案件,执法机关可以适用相对简化的程序处理.并且认罪的被告人可以得到相对较轻的实体处理结果.我国在构建和谐社会、贯彻宽严相济刑事政策的大背景下,只能借鉴辩诉交易的合理内涵,改革并重构我国的认罪案件处理程序,而不能全面移植辩诉交易.     

Elaborating Differential Impact of Media Exposure on Perceptions of Police Between Criminal Justice Majors and Non-Criminal Justice Majors

Abstract

Researchers have argued that media exposure involving criminal justice can influence perceptions of police, but empirical research is decidedly mixed. Additionally, some scholars argue that media effects depend on audience characteristics. However, the moderating role of academic major remains unexplored. Using a laboratory-style randomized experiment (N?=?270), the current study examines the impact of media exposure that contains conflicting images of the police on perceptions of police and if this effect varies depending on academic majors by performing a series of paired t-tests, independent-samples t-tests, and a mixed between-within subjects analysis of variance. Findings show that exposure to mixed images of the police dampens confidence in the police, but this effect is pronounced among non-CJ majors compared to CJ majors. Expanding our knowledge base in differential media effects between CJ majors and non-CJ majors can offer useful insights into future CJ curricula.     

Building Legal Competency: Foundations for a More Effective Criminology and Criminal Justice Discipline

This article argues for the need to build legal competency in the discipline of criminal justice and criminology through incorporating law courses in its PhD program curriculum, whether as black letter law (i.e. criminal law, criminal procedure, courts), sociology of law, or socio-legal studies (i.e. law and society courses). Through requiring law courses as a necessary and integral part of the curriculum, and recognizing the mainstream impact of these courses, the discipline stands to enrich the field of legal studies in criminology and criminal justice. The discipline’s need and demand for law trained tenure track faculty with PhD credentials can only be met through consistent law course offerings.     

Faculty Diversity and Program Standing in Criminology and Criminal Justice: Findings for 31 Doctoral Programs in 2008

Ashby's Law of Requisite Variety states that variance prepares systems for daily activities and unforeseeable events, suggesting that academic departments comprising faculty from multiple institutions and disciplines would better adapt to ever‐changing environments. This study outlines the disciplinary heritage of full‐time tenure‐stream faculty (N = 495) within criminology and criminal justice doctoral programs (N = 31), then examines the degree to which those programs adhere to Ashby's principle. The study ranks programs on both institutional and disciplinary variances, and how well the programs balance those competing interests. Findings revealed that programs were quite mixed on both variance measures but that variance rankings had little association with how peers rated programs for 2009, in that highly ranked programs appeared with similar frequencies at both the top and bottom of variance rankings. Thus, it appears national respect is not dependent on the variance of faculties with respect to institutional and disciplinary heritage.     

怎样理解真理与价值的关系

真理和价值及其关系问题，是人类实践和理论上始终具有普遍意义的重大问题。 马 克思主义哲学认为真理和价值既是相互区别，不可替代的，又是相互统一的。二者的统一表 现为相互渗透，相互引导。二者统一的基础是在实践基础上具体的历史的统一。     

Changes in Scholarly Influence in Major American Criminology and Criminal Justice Journals Between 1986 and 2005

To investigate changes in scholarly influence in criminology and criminal justice over 20 years, the most‐cited scholars in six major American journals were determined for 2001–05, and the results were compared with those obtained for 1996–2000, 1991–95, and 1986–90. The most‐cited scholars in 2001–05 were Robert J. Sampson in American criminology journals and Francis T. Cullen in American criminal justice journals. Highly cited scholars in American criminology journals focused on longitudinal/criminal career research and/or criminological theories, while those in American criminal justice journals focused on these topics or on criminal justice issues. Some highly cited authors were specialized, with one or two highly cited major works, while others were versatile, with many different works cited a few times each. Over time, older scholars such as Marvin E. Wolfgang were cited less often, while younger scholars such as Robert J. Sampson were increasingly cited. The waxing and waning of criminological influence careers are documented.     

Using GIS to Apply Learning across the Undergraduate Criminal Justice Curriculum

Geographical information systems (GIS) utilization has exploded in criminal justice over the last decade, but there is scant mention of pedagogical models published in the Journal of Criminal Justice Education, with a content analysis revealing just one GIS-based article published since 2001. This work proposes a GIS-based pedagogical model to move the discussion beyond crime mapping to applying, integrating, and enhancing learning across the criminal justice curriculum. Four pertinent data sources from New York City are integrated to provide an example framework for studying NYPD stop and frisk policy in upper level undergraduate-level criminal justice courses. Using ArcGIS specifically, the model incorporates sociology, criminological theory, corrections, diversity/multiculturalism, research methods, statistics, policing, and policy knowledge to coalesce prior student learning, while enhancing spatial thinking and analytical skills relative to an important social policy. Example maps, assignments, and approaches are included, as are the limitations of such a pedagogical model.     

宽严相济刑事政策与刑事审判

宽严相济的刑事政策是我国在维护社会治安的长期实践中形成的基本刑事政策,其实质就是对刑事犯罪区别对待,做到既要有力打击和震慑犯罪,维护法制的严肃性,又要尽可能减少社会对抗,化消极因素为积极因素,做到既严厉打击严重刑事犯罪,又减少社会对抗,增加社会和谐因素,维护社会的和谐稳定。     

论刑事立法的主观主义与刑事司法的客观主义

刑法学派的不同立场对刑事立法和司法都会产生重大影响。综观我国的刑事立法现状和司法困境,当前的刑事立法应当坚持刑法理论上的主观主义,以解决“立法爆炸”和“刑罚威慑”问题,并且维护一个稳定的刑法典,促成人们对刑法规范的信仰和遵守;而当前的刑事司法则应该坚持刑法理论上的客观主义,以解决“保护人权”和“限制国家刑罚权”问题,使刑罚权在有限的空间内合理地运行。司法机关与立法机关之间应当按照宪法和法律规定的权限分工在法定权限内各司其职、相互配合与制约,对不属于自己权限范围的事项不能越权,最终形成立法机关与司法机关的良性互动,从而更好地发挥刑法的功能。     

Goals,Expectations, and Satisfaction of Criminal Justice Majors: Implications for Faculty,Students, and Programs*

Students majoring in criminal justice present an “embarrassment of riches” for academic programs, so little attention has been given to these students and their perspectives on criminal justice programs. However, the assessment movement in higher education and the ACJS encourage self‐examination and program improvement. Further, student satisfaction has been recognized as an important element in the discussion of school and program quality and effectiveness. The present paper presents data from an outcome survey of graduating seniors from a Midwestern public university, with a focus on the reasons why students chose the major, career plans upon graduation, and program satisfaction. The paper explores possible predictors of these variables and discusses the implications of these results for criminal justice faculty, students, and programs.     

Gaining a Global Criminal Justice Perspective: A Computer-Supported Collaboration Between Students in Sweden and the United States

This paper explores how Computer-Supported Collaborative Learning (CSCL) can globalize a criminal justice curriculum. It draws on a project where criminology students in Sweden and the United States collaborated in an online environment. We describe the design of the project and use student reflections to identify successes and challenges. The results show that for a CSCL to be successful, instructors need to be intentional about academic, psychological, and interpersonal aspects of the collaboration, as they are all interrelated. The students experienced challenges, for example, related to the workload. However, in most cases, the perceived benefits outweighed the challenges. The students reported an improved understanding of criminology theory and enhanced critical thinking skills. We argue that CSCL can improve the affordability and accessibility of global learning. Without having to travel, the students entered a virtual space where they could learn together with students and faculty from another country.     

“意见”是否属于刑法司法解释表现形式问题探析

刑法学界对＂意见＂是否属于司法解释表现形式问题的认识并不统一,主要有肯定与否定两种认识观点。否定性观点认为,＂意见＂不是司法解释,而是司法解释性文件,不能在裁判文书中直接援引。而肯定性观点则与此相反,认为从规定的内容看,系对审理受贿案件如何应用法律的解释,应属于司法解释的内容。应当说,肯定＂意见＂属于司法解释的观点更有其合理性与说服力。     

Student and Supervisor Perspectives on the Benefits of Criminal Justice Internships

Many criminal justice (CJ) undergraduates earn academic credit for completing internships. There is widespread recognition that these activities offer a range of potential benefits for students, yet many questions remain unanswered. The extent to which students and agency supervisors differ in their views about internships, for example, has thus far gone unexamined. This study, based on self-report surveys, explores these differences. Specifically, we compare how student and agency supervisors evaluate the importance of internships and the benefits commonly associated with them. With the goal of determining how long it takes to realize these benefits, we also examine opinions about the optimal duration of internships. Findings suggest that while students and their agency supervisors generally agree that internships are an important component of an undergraduate education in CJ and that a considerable amount of time must be invested to achieve the primary benefits, they tend to prioritize these benefits differently.