恢复性司法与传统刑事司法的法哲学比较

恢复性司法被认为是一种新型的犯罪处理模式。无论是从构成司法制度基础的假设还是从制度设计所要实现的基本价值分析,恢复性司法都具有与传统刑事司法制度完全迥异的法哲学理念。     

Conceptualizing Justice: Revising the Introductory Criminal Justice Course*

Criminal justice is often criticized for lacking theoretical grounding. This article argues that the introductory criminal justice course should be reconceptualized in such a way that permits a critical assessment of theoretical bases underlying crime, law and justice. Doing so would better prepare students to understand key questions in the study of criminal justice and would also help give criminal justice greater credibility as a stand‐alone academic discipline. In addition to presenting the benefits of a theory‐driven introductory course, possible content and pedagogy are described.     

Teaching Cybersecurity to Criminal Justice Majors

Responses to breaches in cybersecurity are increasingly reliant on criminal justice practitioners. However, while the demand for criminal justice participation in cybersecurity increases daily, most universities are lagging in their educational and training opportunities for students entering criminal justice agencies. This paper discusses the need for cybersecurity programs in criminal justice, and examines how the evolution of this “new crime” has become an issue for criminal justice professionals in addition to computer science experts. A review of existing cybersecurity programs in Texas suggests that most four-year universities have yet to develop courses/programs in criminal justice. Course recommendations, sample syllabi for cybersecurity courses in criminal justice, and recommendations for development of these programs are included.     

The Specter of Authoritarianism Among Criminal Justice Majors

Authoritarianism has been an influential concept in social science research. Furthermore, researchers have long been concerned about the potential dangers of authoritarianism within the criminal justice system. The current study uses Altemeyer’s RWA Scale to measure and compare levels of authoritarianism between criminal justice majors and non‐criminal justice majors in a sample of undergraduate students. Results indicate that criminal justice majors, males, and lower‐division students have higher mean RWA scores than non‐criminal justice majors, females, and upper‐division students. However, it is male criminal justice majors who demonstrate the highest levels of authoritarianism. Theoretical and practical implications are discussed.     

修复性司法下的多元化犯罪预防

修复性司法是一种不同于传统刑事司法的解决犯罪问题的新途径,它被认为是21世纪刑事司法的发展方向。修复性司法相对于传统刑事司法,将以刑罚为主体的一元的犯罪预防模式改变为以非刑罚方式适用的多元的犯罪预防模式。修复性司法引发的犯罪预防的变动有非常重要的积极意义。中国刑事司法在一定范围内选择修复性司法,会对中国现阶段的犯罪预防起到推进作用。     

Curriculum Implications of Anti-Gay Attitudes Among Undergraduate Criminal Justice Majors

To examine attitudes towards gays and lesbians in an undergraduate criminal justice sample and to test previous research suggesting that law enforcement students hold higher levels of homophobia, we surveyed 453 undergraduates. Results indicated higher levels of anti-gay attitudes in criminal justice majors compared to a small sample of non-criminal justice majors and similar levels of anti-gay attitudes between law enforcement and other criminal justice students. Gender, race, religion, gay/lesbian friends, patriarchal attitudes, and completing a social science minor outside of criminal justice were found to be significant predictors of attitudes toward gays and lesbians; while the number of courses in which homosexuality issues were included in discussion was not. These findings are discussed and we offer suggestions for criminal justice curriculum that may assist our students in maintaining and upholding a fair and just criminal justice system.     

省际刑事司法冲突问题研究

省际刑事司法冲突是指在我国大陆地区适用同一部刑法典的条件下,由于各省、自治区、直辖市高级法院和军事、铁路专门法院对某些罪的构成要件或量刑解释不一致,或执行有别于其他地方的司法解释,法院在审理跨省案件时,适用不同的司法解释会产生不同的刑事法律后果。     

Teaching Peacemaking in Criminal Justice: Experiential Applications

As educators, we recognize that students often come to the classroom with preconceived notions about the criminal justice system that shape their subsequent learning. One such notion revolves around the effectiveness of the “war on crime” model of the criminal justice system. Many students feel that this model is the best way to achieve “justice.” Teaching peacemaking represents an opportunity to introduce the students to a new way of thinking about the criminal justice system. This paper explores how experiential learning strategies can facilitate students’ learning of peacemaking. Suggestions also are made about how peacemaking can be implemented into the pedagogy of criminal justice professors.     

中国惩治恐怖主义犯罪的刑事司法对策

中国已经展开了一系列惩治恐怖主义犯罪的司法实践,但在犯罪认定、刑罚裁量、恐怖组织认定和刑事司法合作等方面也存在诸多问题。为此,中国应完善惩治恐怖主义犯罪的刑法立法;在刑事司法中贯彻宽严相济的刑事政策;完善恐怖组织认定机制;加强反恐领域的国际刑事司法合作。     

Promoting the Study of Wrongful Convictions in Criminal Justice Curricula

Criminal justice education promotes interdisciplinary learning, critical thinking skills, and ethical decision making. A course on wrongful convictions falls squarely within that paradigm, as it draws upon criminology, criminal justice, law, psychology, and forensic science to examine basic assumptions about the criminal justice system and the actors within it. In a wrongful convictions course, students learn to think critically about the criminal justice system, and what happens when it fails to function as it should. Students identify practice and policy reforms that improve the accuracy and reliability of the system. This article first considers the broad objectives of criminal justice education. It next situates the subject of wrongful convictions squarely within criminal justice education curricula. Finally, this article provides a comprehensive overview of an effective undergraduate course in wrongful convictions. It sets out clear goals, learning units, and potential resources for members of the academy who might be interested in developing such a course.     

外国刑事审判民主化制度的启示

从英国、美国、日本的几种典型刑事审判制度中,能够总结刑事审判民主化的认定标准,即过程面对社会公众的开放性、制度设计的平等性和民众参与的有效性.对这些标准的认识和借鉴将对我国刑事审判民主化大有裨益.     

The Influence of Criminal Justice Major on Punitive Attitudes

Students majoring in criminology and criminal justice are assumed to have more detailed and accurate knowledge about crime, criminal justice, and punishment practices than peers majoring in other disciplines. The purpose of this study was to examine if criminology/criminal justice majors were more or less punitive than students pursuing other majors at three universities using standard predictors of punitiveness that have not been consistently examined in previous research. The results indicate that criminology and criminal justice students are more punitive in the combined three‐campus sample and in two of the three‐campus samples considered separately.     

Teaching Criminal Justice Online: Current Status and Important Considerations

The most significant change to impact the pedagogy of criminal justice students in recent years has been the development of online classes. Online coursework is now a commonly accepted method of accessing criminal justice students and the sustained growth in online classes is expected to continue in the future. However, there is currently a lack of research that focuses on online classes in criminal justice. In response, we present and assess the modest literature regarding criminal justice online classes and highlight important themes. This leads into a presentation of important considerations along the following pedagogical continuum: Planning the online course (i.e. asynchronous timing, technological developments), implementing the online course (i.e. maintaining an online presence, managing student interactions and expectations), and identifying effective means to measure learning outcomes (i.e. measuring success, quality matters). Policy implications for online coursework that are likely to impact future criminal justice educational practices are then discussed.     

Thinking About Thinking in Criminal Justice Education

Metacognitive learning techniques encourage students to engage course material in such a way that facilitates learning, retention, and application of information gained from a course. While metacognition has begun to be widely used in higher education, little is known about its applicability to criminal justice education. Using a sample of undergraduate students from core criminal justice major courses, this study assesses the impact of metacognitive exercises on learning for criminal justice majors. Specifically, we compared the effect of implementing metacognitive activities on objective and subjective measures of student learning. The results of our evaluation revealed that metacognitive learning techniques were found to have varied objective effectiveness while simultaneously having consistent subjective effectiveness.     

Crime,History, and Hollywood: Learning Criminal Justice History through Major Motion Pictures

In this article, the author discusses the pedagogical value of teaching a criminal justice history course through the use of major motion pictures. He examines the past use of film in academia, specifically the criminal justice academy, and highlights the gap in the literature associating historical films with criminal justice history. The article then proceeds to discuss the manner in which Hollywood often portrays history and include criminal justice history, and presents an example through the Steven Spielberg movie Amistad. The article also describes the author’s experience in creating and teaching a criminal justice history films course.     

论刑事审判中的传媒监督

随着网络技术的飞速发展,传媒监督对我国社会生活产生了重大影响,刑事司法亦不能例外。适度的传媒监督在遏制司法腐败、促进司法公正方面发挥着重要作用,但传媒监督过度介入刑事审判会影响审判之独立、公正及权威。当然,这并不等于说我国的传媒监督已趋成熟,其对刑事审判的监督过度了,相反,我国的传媒监督极不发达,只是由于我国正处于社会转型时期,许多制度不健全、立法存在盲区,规范落实不到位而使然。所以,如何进一步的规范传媒监督进而使其更好的发挥监督作用则至关重要。     

宽严相济：立足于有效性与法治国之间的刑事政策

正确理解宽严相济刑事司法基本政策,对刑事法治的发展和司法实践具有重大意义。同惩办与宽大相结合政策、“严打”政策相比较,宽严相济刑事政策在执行主体、对象和手段方面都发生了转变。宽严相济刑事政策的出发点是有效率、有效益地防止犯罪;目标是实现法治国原则;得以实现的具体原则是比例原则。宽严相济刑事政策是以人权保障为政策界限的。宽严相济刑事政策的实现,表现为刑事政策的法制化和刑事法的刑事政策化。