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Parental offending and children’s conduct problems 父母的冒犯和孩子的行为问题
IF 1.8 Q1 Social Sciences Pub Date : 2019-03-01 DOI: 10.52922/ti09944
S. Tzoumakis, M. Burton, V. Carr, K. Dean, K. Laurens, Melissa J. Green
The intergenerational transmission of criminality is well established. However, few intergenerational studies in Australia have examined the link between parents’ offending and their children’s behaviour. Even fewer have used large enough samples to examine serious maternal offending. This study uses a sample of over 21,000 Australian children and their parents to determine the prevalence and co-occurrence of offending among mothers and fathers, and the relationship between parental offending and children’s conduct problems at age 11. The study found that parental offending increases a child’s likelihood of conduct problems, and the offending most strongly associated with child conduct problems is maternal violent offending. It also found that the intergenerational transmission of antisocial behaviour begins early, highlighting the importance of intervention for at-risk children and programs targeted at mothers as well as fathers.
犯罪的代际传播已得到充分证实。然而,澳大利亚很少有代际研究调查父母冒犯和孩子行为之间的联系。甚至很少有人使用足够大的样本来检查严重的母亲犯罪。本研究使用了21,000多名澳大利亚儿童及其父母的样本,以确定母亲和父亲之间犯罪的普遍性和共发性,以及父母犯罪与孩子11岁时行为问题之间的关系。研究发现,父母的犯罪行为增加了孩子出现行为问题的可能性,而与儿童行为问题联系最密切的犯罪行为是母亲的暴力犯罪。研究还发现,反社会行为的代际传播很早就开始了,这突出了对有风险的儿童进行干预的重要性,以及针对母亲和父亲的项目。
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引用次数: 8
Image-based sexual abuse: Victims and perpetrators 基于图像的性虐待:受害者和肇事者
IF 1.8 Q1 Social Sciences Pub Date : 2019-03-01 DOI: 10.52922/ti09975
N. Henry, A. Flynn, A. Powell
Image-based sexual abuse (IBSA) refers to the non-consensual creation, distribution or threatened distribution of nude or sexual images. This research examines the prevalence, nature and impacts of IBSA victimisation and perpetration in Australia. This form of abuse was found to be relatively common among respondents surveyed and to disproportionately affect Aboriginal and Torres Strait Islander people, people with a disability, homosexual and bisexual people and young people. The nature of victimisation and perpetration was found to differ by gender, with males more likely to perpetrate IBSA, and females more likely to be victimised by a partner or ex-partner.
基于图像的性虐待(IBSA)是指在未经同意的情况下创作、传播或威胁传播裸体或性图像。本研究考察了澳大利亚IBSA受害和犯罪的患病率、性质和影响。这种形式的虐待在接受调查的答复者中比较普遍,对土著和托雷斯海峡岛民、残疾人、同性恋和双性恋者以及年轻人的影响尤为严重。受害和犯罪的性质因性别而异,男性更容易实施IBSA,而女性更容易受到伴侣或前伴侣的伤害。
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引用次数: 32
Criminal histories of Australian organised crime offenders 澳大利亚有组织罪犯的犯罪历史
IF 1.8 Q1 Social Sciences Pub Date : 2019-01-14 DOI: 10.52922/ti09623
G. Fuller, Anthony Morgan, Rick Brown
This study analyses the criminal histories of Australian organised crime offenders. Most offenders associated with organised crime groups did not commit their first offence until adulthood; nearly one-third were aged 25 years or older when they committed their first offence. Offending was most common, and remained relatively stable, throughout their 20s and early 30s. Offending frequency gradually increased during this period, as did the seriousness of offences committed. Age at first offence and prevalence of offending varied by crime type. Certain offences—particularly those associated with organised crime— were more common among older offenders. As the first attempt to analyse the criminal histories of organised crime offenders in Australia, this study offers new insights into the extent, nature and seriousness of offending, which will help shape policy responses to organised crime.
本研究分析了澳大利亚有组织罪犯的犯罪历史。大多数与有组织犯罪集团有关的罪犯直到成年后才第一次犯罪;近三分之一的人第一次犯罪时年龄在25岁或以上。在他们20多岁和30岁出头的时候,犯罪行为最为普遍,而且相对稳定。在此期间,犯罪频率逐渐增加,罪行的严重性也逐渐增加。初犯的年龄和犯罪的普遍程度因犯罪类型而异。某些罪行——尤其是那些与有组织犯罪有关的罪行——在老年罪犯中更为常见。作为分析澳大利亚有组织犯罪罪犯犯罪历史的第一次尝试,这项研究为犯罪的范围、性质和严重性提供了新的见解,这将有助于制定应对有组织犯罪的政策。
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引用次数: 5
Intelligence-Led Policing 情报先导治安
IF 1.8 Q1 Social Sciences Pub Date : 2016-04-14 DOI: 10.4324/9781315717579
J. Ratcliffe
This paper is timely, given that policing is currently going through a period of significant change in both operational tactics and organisational structures. New ideas in crime reduction and changes to short- and long-term policing strategies are underway. Intelligence-led policing represents a recent approach and is one of the more prevalent of the current "shifts in crime control philosophy and policing practice" (Maguire 2000). Surprisingly, given the wide distribution of the term "intelligence-led policing", considerable confusion remains in regard to its actual meaning to both front-line officers and police management. This paper provides an introduction to intelligence-led policing and discusses some of the related limitations and opportunities. Adam Graycar Director Since the 1990s, "intelligence-led policing" (also known as intelligence-driven policing") has entered the lexicon of modern policing, especially in the UK and more recently Australia. Yet even with the ability of new ideas and innovation to spread throughout the policing world at the click of a mouse, there is still a lack of clarity among many in law enforcement as to what intelligence-led policing is, what it aims to achieve, and how it is supposed to operate. This can be seen in recent inspection reports of Her Majesty's Inspectorate of Constabulary (HMIC) in the UK (HMIC 2001, 2002), and in the lack of clarity regarding intelligence-led policing in the United States. A recent summit in March 2002 of over 120 criminal intelligence experts from across the US, funded by the US government and organised by the International Association of Chiefs of Police, may become a turning point in policing within the US. The participants called for a National Intelligence Plan, with one of the core recommendations being to "promote intelligence-led policing through a common understanding of criminal intelligence and its usefulness" (IACP 2002, p. v). The aspirations of the summit are considerable, but what is unclear from the summit report is a sound understanding of the aims of intelligence-led policing and its relationship to crime reduction. As intelligence-led policing is now a term in common usage within Australian law enforcement (a search of web pages and media releases found the term "intelligence-led" in all Australian police sites and the web site of the new Australian Crime Commission), it is timely to consider the origins of intelligence-led policing, the crime reduction levers it aims to pull, and the limitations and possibilities for this type of operational practice. Origins of Intelligence-led Policing Intelligence-led policing entered the police lexicon at some time around the early 1990s. As Gill (1998) has noted, the origins of intelligence-led policing are a little indistinct, but the earliest references to it originate in the UK where a seemingly inexorable rise in crime during the late 1980s and early 1990s coincided with increasing calls for police to be more effect
鉴于目前警务工作正在经历一段行动策略和组织结构发生重大变化的时期,这篇论文是及时的。减少犯罪和改变短期和长期警务战略的新想法正在进行中。以情报为主导的警务代表了最近的一种方法,是当前“犯罪控制理念和警务实践的转变”中较为普遍的一种(Maguire 2000)。令人惊讶的是,鉴于“情报主导的警务”一词的广泛使用,对一线警官和警察管理人员来说,它的实际含义仍然相当混乱。本文介绍了以情报为主导的警务,并讨论了一些相关的限制和机会。自20世纪90年代以来,“情报主导的警务”(也称为情报驱动的警务)已经进入了现代警务的词汇,特别是在英国和最近的澳大利亚。然而,即使新想法和创新能够通过鼠标点击传播到整个警务世界,执法部门的许多人仍然不清楚什么是情报主导的警务,它的目标是什么,以及它应该如何运作。这可以从英国女王陛下的警察督察局(HMIC)最近的检查报告(HMIC 2001, 2002)中看到,也可以从美国情报主导的警务缺乏透明度中看到。2002年3月,由美国政府资助、国际警察局长协会(International Association of Chiefs of Police)组织的、来自美国各地的120多名刑事情报专家参加的峰会可能成为美国警务的一个转折点。与会者呼吁制定一项国家情报计划,其中一项核心建议是“通过对刑事情报及其有用性的共同理解来促进情报主导的警务工作”(IACP 2002, p. v)。首脑会议的愿望是相当大的,但从首脑会议报告中不清楚的是对情报主导的警务目标及其与减少犯罪的关系的合理理解。由于以情报为主导的警务现在是澳大利亚执法部门普遍使用的一个术语(搜索网页和媒体发布,在所有澳大利亚警察网站和新澳大利亚犯罪委员会的网站上都发现了“情报为主导”一词),现在是时候考虑以情报为主导的警务的起源,它旨在减少犯罪的杠杆,以及这种类型的行动实践的局限性和可能性。情报主导型警务在20世纪90年代初左右进入了警察词汇。正如吉尔(1998)所指出的,情报主导警务的起源有点模糊,但最早的参考文献起源于英国,在20世纪80年代末和90年代初,犯罪率似乎不可阻挡地上升,与此同时,越来越多的人呼吁警察更有效率,更节约成本。这一新策略的驱动力来自警务的内部和外部。外部驱动因素包括传统的被动警务模式无法应对全球化的快速变化,这种变化增加了跨国有组织犯罪的机会,消除了整个警务领域的物理和技术障碍。在新的“风险社会”(Ericson & Haggerty 1997)中,警察被视为一系列外部机构风险管理数据的来源。由于这种影响超出了执法部门的范围,用不了多久,提高公共机构效率的“新公共管理”运动就会波及警察部门。与此同时,内部认识到,私人保安业和公共警察之间的动态关系正在发生变化。…
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引用次数: 5
Cloud computing for small business: Criminal and security threats and prevention measures 小型企业的云计算:犯罪和安全威胁及预防措施
IF 1.8 Q1 Social Sciences Pub Date : 2013-05-30 DOI: 10.17863/CAM.18714
Alice Hutchings, Russell G. Smith, Lachlan James
Compared with large organisations, small businesses operate in a distinct and highly resource-constrained operating and technical environment. Their proprietors are often time poor, have minimal bargaining power and have limited financial, technical, legal and personnel resources. It is therefore unsurprising that cloud computing and its promise of smoothing cash flows and dramatically reducing ICT overheads is attractive to small business. Cloud computing shifts the delivery and maintenance of software, databases and storage to the internet, transforming them into Pay-As-You-Go services accessed through a web browser. While providing many benefits, cloud computing also brings many risks for small business, including potential computer security and criminal, regulatory and civil liability issues. This paper, undertaken as a collaborative partnership with the ARC Centre of Excellence in Policing and Security at Griffith University, identifies these risks and offers a perspective on how they might be contained so that the benefits of cloud computing do not outweigh the risks for small businesses in the 21st century.
与大型机构相比,小型企业在一个独特的、资源高度受限的运营和技术环境中运营。它们的所有者往往没有时间,议价能力最低,财务、技术、法律和人力资源有限。因此,云计算及其平滑现金流和大幅减少信息通信技术管理费用的承诺对小企业具有吸引力也就不足为奇了。云计算将软件、数据库和存储的交付和维护转移到互联网上,将它们转变为通过网络浏览器访问的即付即用服务。在提供许多好处的同时,云计算也给小企业带来了许多风险,包括潜在的计算机安全和刑事、监管和民事责任问题。本文与格里菲斯大学ARC卓越警务与安全中心合作,确定了这些风险,并就如何遏制这些风险提供了一个视角,以便云计算的好处不会超过21世纪小企业的风险。
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引用次数: 29
Effective community-based supervision of young offenders 有效地以社区为基础监管青少年罪犯
IF 1.8 Q1 Social Sciences Pub Date : 2012-12-01 DOI: 10.1037/e545792013-001
Christopher J. Trotter
A lot has been written about what works in interventions with offenders (eg Andrews and Bonta 2008; Mclvor and Raynor 2008; McNeill et al. 2005). In recent years, there have also been a small number of studies focusing on what works in the routine supervision of offenders on probation, parole or other community-based orders. These studies have found that certain supervision skills offered by supervisors can lead to reduced levels of reoffending (Bonta et al. 2011; Dowden and Andrews 2004; Robinson et al. 2011; Trotter 1996). These studies have been predominantly undertaken with adult offenders. This paper describes a study that examined the relationship between the use of these practice skills by supervisors in Juvenile Justice in New South Wales and reoffending rates by their clients (those under their supervision). It was hypothesised that it would be possible to identify the extent to which supervisors used particular practice skills through the direct observation of interviews by trained research officers. It was also hypothesised that the more the effective practice skills highlighted in earlier research were used, the less frequently the offenders under supervision would reoffend.
已经有很多关于如何干预罪犯的文章(例如Andrews and Bonta 2008;Mclvor and Raynor 2008;McNeill et al. 2005)。近年来,也有少量研究聚焦于对缓刑、假释或其他社区命令中的罪犯进行日常监督的方法。这些研究发现,监事提供的某些监督技巧可以降低再犯的水平(Bonta et al. 2011;Dowden and Andrews 2004;Robinson et al. 2011;Trotter 1996)。这些研究主要是针对成年罪犯进行的。本文描述了一项研究,该研究调查了新南威尔士州少年司法监督员使用这些实践技能与他们的客户(在他们监督下的人)再犯率之间的关系。据推测,有可能通过训练有素的研究人员直接观察访谈来确定主管使用特定实践技能的程度。研究人员还假设,早期研究中强调的有效练习技巧使用得越多,受监管的罪犯再犯的频率就越低。
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引用次数: 21
Child sexual abuse and subsequent offending and victimisation: A 45 year follow-up study 儿童性虐待和随后的犯罪和受害:一项45年的随访研究
IF 1.8 Q1 Social Sciences Pub Date : 2012-06-21 DOI: 10.1037/e620412012-001
J. Ogloff, Margaret C Cutajar, E. Mann, P. Mullen
Up to 30 percent of children experience childhood sexual abuse (CSA) and whether this impacts re-victimisation or offending as an adult has been the subject of numerous studies. This study investigates whether a disproportionate number of CSA victims subsequently perpetrate offences and experience future victimisation compared with people who have not been sexually abused. In a sample of 2,759 CSA victims who were abused between 1964 and 1995, it was found CSA victims were almost five times more likely than the general population to be charged with any offence than their non-abused counterparts, with strongest associations found for sexual and violent offences. CSA victims were also more likely to have been victims of crime, particularly crimes of a sexual or violent nature. This research highlights the need for therapeutic interventions targeted at adolescent male CSA victims, particularly with regard to offender treatment programs, where many programs currently do not allow for exploration of offenders' own sexual victimisation. Language: en-au
多达30%的儿童经历过儿童期性虐待(CSA),这是否会影响成年后的再次受害或犯罪一直是众多研究的主题。这项研究调查了与没有遭受过性虐待的人相比,是否有不成比例的CSA受害者随后犯下罪行并经历未来的受害者。在对2759名在1964年至1995年间受到虐待的CSA受害者的抽样调查中,研究人员发现,CSA受害者被指控犯有任何罪行的可能性几乎是普通人群的5倍,其中性犯罪和暴力犯罪的关联最为明显。CSA的受害者也更有可能是犯罪的受害者,尤其是性犯罪或暴力犯罪。这项研究强调了针对青少年男性性暴力受害者的治疗干预的必要性,特别是关于罪犯治疗项目,目前许多项目不允许探索罪犯自己的性受害者。语言:en-au
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引用次数: 99
Intrafamilial adolescent sex offenders: Psychological profile and treatment 家庭内青少年性犯罪者:心理特征与治疗
IF 1.8 Q1 Social Sciences Pub Date : 2009-06-01 DOI: 10.1037/e516662013-157
Jan Grant, D. Indermaur, J. Thornton, Garth Stevens, Christabel Chamarette, A. Halse
Sexual abuse of children by other children or adolescents constitutes approximately 40 to 90 percent of sexual offending against children. This paper examines the nature and causes of adolescent intra-familial sex offending and which treatment approaches are likely to be successful. Using the results of a four-year study in Western Australia, it provides an overview of intra-familial adolescent sex offenders (IASOs), what is known about them and how they can be conceptualized. Findings show that IASOs have greater developmental trauma and family dysfunction than adult sex offenders. They also demonstrate greater levels of various behavioral difficulties associated with conduct disorders than do extra-familial and adult sex offenders and the general population; most commonly ADHD and Post Traumatic Stress Disorder. Adolescent sex offender programs are based on those developed for adult offenders, with cognitive behavioral therapy the dominant model. However, these programs lack appropriate focus on developmental issues and the influence of family on offending patterns. Programs that combine a variety of treatment modalities show more promising outcomes. It is recommended that a need to understand adolescent sex offending as a health issue, rather than a moral one, allows for interventions that have the best possible chance of changing sexually inappropriate behavior and ending the inter-generational transmission of abuse.
其他儿童或青少年对儿童的性虐待约占针对儿童的性侵犯的40%至90%。本文探讨了青少年家庭内性犯罪的性质和原因,以及哪些治疗方法可能会成功。利用在西澳大利亚进行的一项为期四年的研究的结果,它提供了家庭内青少年性犯罪者(IASOs)的概述,了解他们的情况以及如何将他们概念化。研究结果表明,与成年性犯罪者相比,iaso有更大的发育创伤和家庭功能障碍。他们还表现出与行为障碍相关的各种行为困难的程度高于家庭外性犯罪者和成年性犯罪者以及一般人群;最常见的是多动症和创伤后应激障碍。青少年性犯罪者的治疗方案以成人性犯罪者的治疗方案为基础,以认知行为治疗为主要模式。然而,这些项目缺乏对发展问题和家庭对犯罪模式的影响的适当关注。结合多种治疗方式的方案显示出更有希望的结果。建议有必要将青少年性犯罪理解为一个健康问题,而不是一个道德问题,这样才有可能采取干预措施,最有可能改变不适当的性行为,并结束虐待的代际传播。
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引用次数: 27
Schizophrenia and offending: area of residence and the impact of social disorganisation and urbanicity 精神分裂症和犯罪:居住区域和社会无序和城市化的影响
IF 1.8 Q1 Social Sciences Pub Date : 2008-12-02 DOI: 10.1037/E620582012-001
F. Morgan, V. Morgan, Joseph Clare, G. Valuri, R. Woodman, Anna Ferrante, David Castle, A. Jablensky
Foreword | It is well-documented that crime rates and the prevalence of mental illness are both higher in areas with pronounced levels of social disorganisation. Far less is known about the association of disadvantaged community conditions with criminal behaviour and mental illness. This study aimed to identify the influence of residential location (characterised by degrees of socioeconomic disadvantage, residential mobility, ethnic heterogeneity and internal inequality) on the prevalence of schizophrenia and incidence of arrests in urban and rural postcode areas of Western Australia between 1985 and 1996. It found that the socio-structural characteristics of an area were related to the incidence of arrest, the prevalence of diagnosed schizophrenia and the incidence of arrest of diagnosed schizophrenics. The results suggest that schizophrenia did not have a multiplier effect on arrest levels but that the same socio-structural characteristics that generated high arrest rates for individuals with schizophrenia also generated high arrest rates for the population as a whole. These findings have important implications for policy and program development in both criminal justice and mental health. They suggest that geographic areas characterised by high levels of social disorganisation require more investment in crime prevention, mental-health services and criminal justice responses. Judy Putt General Manager, Research Schizophrenia is the most common of the psychotic disorders and is characterised by fundamental distortions of thought (delusions), perception (hallucinations) and emotional response. It is a disabling illness, with a lifetime population prevalence of 0.5 to 1 .7 percent (Jablensky et al. 1 992). The estimated one-month treated prevalence of psychotic illness in Australia is 4.7 per 1 ,000 estimated resident population aged 1 8-64 years (Jablensky et al. 2000). The place in society and the care of people with severe mental illness such as schizophrenia constitutes one of the thorniest issues in public health and social policy worldwide. In recent years, changes in the management of this disorder have made it possible for an increasing number of individuals with schizophrenia to lead semi -dependent or independent lives in the community. However, irrespective of the deinstitutionalisation of mental health care and the concomitant focus on the human rights of the mentally ill, the capacity of communities and of society at large to deal with emerging problems of marginalisation, homelessness, poverty, victimisation and criminal behaviour has been put to a severe test. This has been compounded by widespread stereotyping and stigmatisation of individuals with mental illness. The 1 996 General Social Survey (US) revealed 'an underlying negative attitude toward persons with mental health problems, an exaggeration of the impairments or "threat" associated with these disorders, and a startling negativity toward individuals with substance dependenc
有充分的证据表明,在社会混乱程度明显的地区,犯罪率和精神疾病的患病率都更高。人们对弱势社区条件与犯罪行为和精神疾病之间的关系知之甚少。本研究旨在确定1985年至1996年期间西澳大利亚州城乡邮编地区的居住地点(以社会经济劣势程度、居住流动性、种族异质性和内部不平等为特征)对精神分裂症患病率和逮捕发生率的影响。研究发现,一个地区的社会结构特征与逮捕的发生率、诊断为精神分裂症的患病率和诊断为精神分裂症的逮捕的发生率有关。结果表明,精神分裂症对逮捕水平没有乘数效应,但导致精神分裂症患者高逮捕率的社会结构特征也导致了整个人群的高逮捕率。这些发现对刑事司法和心理健康的政策和项目发展具有重要意义。他们认为,以社会高度混乱为特征的地理区域需要在预防犯罪、心理健康服务和刑事司法反应方面投入更多资金。精神分裂症是最常见的精神障碍,其特征是思想(妄想)、知觉(幻觉)和情绪反应的基本扭曲。这是一种致残疾病,终生人口患病率为0.5%至1.7% (Jablensky et al. 1992)。在澳大利亚,一个月的精神病治疗患病率估计为每1000名18 -64岁的估计常住人口中有4.7例(Jablensky et al. 2000)。精神分裂症等严重精神疾病患者的社会地位和护理是全世界公共卫生和社会政策中最棘手的问题之一。近年来,这种疾病管理的变化使越来越多的精神分裂症患者能够在社区中过半依赖或独立的生活。然而,不管精神保健的非机构化以及随之而来的对精神病患者人权的关注,社区和整个社会处理边缘化、无家可归、贫穷、受害和犯罪行为等新出现问题的能力都受到了严峻考验。对精神疾病患者的普遍刻板印象和污名化加剧了这种情况。1996年综合社会调查(美国)显示,"对有精神健康问题的人有潜在的消极态度,夸大与这些疾病有关的损害或"威胁",对有物质依赖问题的人有惊人的消极态度" (Pescosolido等人,1999:1 345)。关于被诊断患有精神分裂症和其他精神疾病的个人与警察联系的普遍情况的信息对公共政策至关重要。法院和矫正服务机构可提供资源,以查明有精神健康问题的个人并为其提供支持。但是,服务水平是否足够及其地理覆盖范围尚不清楚。因此,有必要确定一段时间内服务需求的趋势。这些问题在去机构化的背景下变得越来越重要,一些人认为专家和社区支持的不足导致了精神疾病的犯罪行为(Coid, Lewis & Reveley 1993)。然而,在澳大利亚,人们对精神分裂症患者犯罪的社会生态知之甚少。在国际上,修订的社会解体模型越来越多地被要求解释弱势社区条件和犯罪行为之间的联系。…
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引用次数: 8
Juror attitudes and biases in sexual assault cases 陪审员对性侵犯案件的态度和偏见
IF 1.8 Q1 Social Sciences Pub Date : 2007-10-18 DOI: 10.1037/e583402012-001
N. Taylor
Sexual assault has among the highest rates of acquittal and lowest rates of proven guilt compared with other offences. Given that more than 70 percent of sexual assault incidents are not reported to police and only about one in 10 reported incidents results in a guilty finding, increasing conviction rates for sexual assault is a key issue for the criminal justice system. This paper presents findings from two recent studies conducted by the Australian Institute of Criminology. These show that juror judgements in rape trials are influenced more by the attitudes, beliefs and biases about rape which jurors bring with them into the courtroom than by the objective facts presented, and that stereotypical beliefs about rape and victims of it still exist within the community. As jurors are members of the community and are randomly drawn in order to be representative of it, the two studies together indicate that successful prosecutions of sexual assault will remain low until we acknowledge that jurors interpret what they see in light of their own beliefs, experience and expectations. We need to know what these belief structures are and how they directly impact upon judgements in rape trials, if conviction rates are to improve. Toni Makkai Director Sexual assault is one of the hardest offences to prosecute. Primarily this is because these offences are usually committed in private, there is often little or no corroborating evidence and it is usually one person's word against another (ODPP & AFP 2005). The onus is upon the Crown to prove beyond reasonable doubt that a defendant is guilty; the defendant is not required to prove innocence. This means that prosecutors have the extremely difficult task of convincing a judge or jury that the offence took place, that the complainant did not consent, and that the defendant knew that the complainant was not consenting or was reckless as to such consent. When it comes down to the word of one person against another, with no witnesses and no other supporting evidence, making a case beyond reasonable doubt is a hard task indeed. Faced with such difficulties and limited resources, prosecutors often need to make hard decisions about which cases to prosecute and which to let go. While the public interest is a factor, prosecutorial decision-making about whether to prosecute a sexual assault case also usually involves a judgement about the probability of success, based on expectations of how judges and juries are likely to view the complainant and her story. Since defendants can, and often do, choose not to give evidence in court, the credibility of the complainant is crucial to whether she is likely to be believed, the ability of the prosecution to convince a jury beyond reasonable doubt and, hence, the probability of a guilty verdict. Through experience, prosecutors develop knowledge about what jurors are likely to look for in a sexual assault complainant, the attributes that might make a good or bad impression on jurors an
与其他犯罪相比,性侵犯的无罪释放率最高,有罪证明率最低。考虑到超过70%的性侵犯事件没有向警方报案,只有大约十分之一的报案事件最终被判有罪,提高性侵犯的定罪率是刑事司法系统的一个关键问题。本文介绍了澳大利亚犯罪学研究所最近进行的两项研究的结果。这些表明,陪审员在强奸审判中的判决更多地受到陪审员带入法庭的对强奸的态度、信念和偏见的影响,而不是受到所提出的客观事实的影响,而且在社区内仍然存在关于强奸及其受害者的陈规定型观念。由于陪审员是社区的成员,并且是随机抽取的,以代表社区,这两项研究共同表明,在我们承认陪审员根据自己的信仰、经验和期望来解释他们所看到的东西之前,成功起诉性侵犯的几率仍然很低。如果要提高定罪率,我们需要知道这些信念结构是什么,以及它们如何直接影响强奸审判的判决。Toni Makkai导演性侵犯是最难起诉的罪行之一。这主要是因为这些罪行通常是私下犯下的,很少或根本没有确凿的证据,而且通常是一个人对另一个人的证词(ODPP & AFP 2005)。控方有责任排除合理怀疑地证明被告有罪;被告不需要证明自己无罪。这意味着检察官有一项极其困难的任务,要使法官或陪审团相信罪行发生了,申诉人没有同意,被告知道申诉人没有同意或对这种同意不顾后果。当涉及到一个人对另一个人的证词,没有证人和其他支持证据,使案件排除合理怀疑确实是一项艰巨的任务。面对这样的困难和有限的资源,检察官往往需要在起诉和放弃哪些案件方面做出艰难的决定。虽然公共利益是一个因素,但检方在决定是否起诉性侵犯案件时,通常还涉及对成功可能性的判断,这是基于对法官和陪审团可能如何看待原告和她的故事的预期。由于被告可以而且经常选择不在法庭上提供证据,因此申诉人的可信度对于她是否有可能被相信、控方是否有能力在排除合理怀疑的情况下说服陪审团以及因此是否有可能作出有罪判决至关重要。通过经验,检察官了解陪审员可能会在性侵犯投诉人身上寻找什么,可能给陪审员留下好印象或坏印象的属性,以及围绕事件的情况(例如以前的关系,饮酒)是否可能降低投诉人故事在陪审员眼中的可信度。Lievore(2004)的一项关于起诉决策的研究发现,检察官更有可能起诉性侵犯案件,当:*受害者受伤*受害者身体上或口头上表示不同意*攻击严重(涉及某种程度的威胁或武力,武器使用)*有额外的证据表明被告与攻击有关*被告使用武力*被告是陌生人。菲茨杰拉德(2006)在对新南威尔士州性犯罪的一项研究中发现,如果事件涉及到恶化,并且向警方报告的时间越早,刑事诉讼越有可能被提起。从本质上讲,上述指标要么支持投诉人提供的证据(伤害、严重程度、武器使用),要么反映了社会对“真正的”性侵犯案件的先入为主的看法(强奸是由陌生人实施的,受害者总是明确表示她不同意发生性行为,并会进行身体斗争)。…
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引用次数: 61
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Trends and Issues in Crime and Criminal Justice
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