略论我国累犯制度的立法完善

现行刑法典确立的累犯制度,较之以前关于累犯制度的规定有了很大进步。但在累犯的适用范围、类型设置、处罚原则等方面仍然存在一些不足,需要从立法方面加以完善,以期能最大限度地促进立法公正和公平。具体而言,应适当扩大特别累犯之范围,增设单位累犯,并针对不同累犯确立不同的处罚原则。     

Childhood sexual victimization,pedophilic interest,and sexual recidivism

Objective

The goal of the current study was to examine the extent to which child sexual abuse (CSA) and particular characteristics of CSA are associated with pedophilic interest and sexual recidivism.

Methods

Subjects were 462 adult male sexual offenders who had been incarcerated in Canadian federal prisons.

Results

Compared to sexual offenders who had not been sexually abused, those who had been sexually abused before age 16 sexually offended against significantly younger victims and had significantly more indicators of pedophilic interest. This was the case whether we examined self-reported or officially documented CSA. Offenders who had been sexually abused exclusively by a male had significantly more indicators of pedophilic interest than those who had been sexually abused exclusively by a female. These findings are consistent with past research and theory suggesting that CSA may play a role in pedophilia and sexual offending against children. CSA exclusively by a female abuser predicted higher rates of sexual recidivism than abuse by a male or both a male and female abuser. Among offenders with victims 15 years old or younger, a closer relationship between offender and abuser predicted higher rates of sexual recidivism. The relationship between CSA and sexual recidivism was significantly moderated by actuarial risk. More specifically, CSA predicted higher rates of sexual recidivism among higher risk offenders, but CSA did not predict sexual recidivism among lower risk offenders. This novel finding raises the possibility that CSA may play a role in sexual recidivism for some offenders.

Conclusion

If future research replicates this CSA by risk interaction and identifies the constructs and processes involved, CSA may be worth considering in risk assessment and treatment.     

The prevalence of risk factors for general recidivism in female adolescent sexual offenders: A comparison of three subgroups

To our knowledge, there are no former studies in which subgroups of female adolescent sexual offenders are studied. Therefore, we examined differences in risk factors for general recidivism between female adolescents who have committed a felony sexual offense against a younger child (CSO, n = 25), female adolescents who have committed a felony sexual offense with a peer victim (PSO, n = 15) and female adolescents who have committed a misdemeanor sexual offenses (MSO, n = 31). Results showed that CSOs had considerably fewer problems in the domains of school (truancy, behavior problems, dropping out of school), family (e.g., parental alcohol problems, parental mental health problems, poor authority and control, out of home placements and run away from home) and friends (antisocial friends) than MSOs and/or PSOs. No differences were found in the prevalence of mental health problems, physical abuse, sexual abuse and neglect. Implications for theory and practice are discussed.     

从司法行政角度浅析如何防控刑释解教人员重新违法犯罪

刑释解教人员刑满释放解除劳教,回归社会后通常面临诸多困难,由于缺乏解决困难的有效方式和途径,被迫走上重新违法犯罪的道路。如何有效预防并控制这些刑释解教人员重新违法犯罪,本文试图从司法行政的角度予以阐述,希望找到解决问题的方向和出路。     

论累犯处罚

对累犯从重或加重处罚,乃世界各国刑法之通例.累犯从重或加重处罚的根据在于累犯的人身危险性大于初犯."行为中心论"的累犯处罚突出强调加重刑罚的份量,"行为人中心论"的累犯处罚突出刑罚的矫正、改善功能.我国刑法对累犯处罚应以初犯作为参照系的从重处罚.