Reasoning and Rehabilitation cognitive skills programme for mentally disordered offenders: Predictors of outcome

AIM To investigate factors predicting treatment completion and treatment outcome of the Reasoning and Rehabilitation Mental Health Programme(R&R2MHP) cognitive skills programme for mentally disordered offenders. METHODS Secondary analysis of data previously obtained from 97 male patients who were sectioned and detained under the United Kingdom Mental Health Act in low, medium and high security hospitals and who had completed R&R2MHP. Predictors of treatment completion included background variables and five outcome measures: Four self-reported measures of violent attitudes, social problem-solving skills, reactive anger and locus of control and an objective measure of behaviour on theward that was completed by staff. Completion of the 16 session programme, which was delivered on a weekly basis, was classified as ≥ 12 sessions.RESULTS It was found that the R&R2MHP is appropriate for delivery to participants of different ages, ethnic background, and at different levels of security without the completion rate or treatment effectiveness being compromised. Participants taking oral typical psychotropic medication were over seven times more likely to complete the programme than other participants. Behavioural disturbance on the ward prior to commencing the programme predicted non-completion(medium effect size). As far as treatment completion was concerned, none of the background factors predicted treatment effectiveness(age, ethnic background, level of security, number of previous convictions and number of previous hospital admissions). The best predictor of treatment effectiveness was attitude towards violence suggesting that this should be the primary outcome measure in future research evaluating outcomes of the R&R2MHP cognitive skills program. CONCLUSION The findings suggest that a stable mental state is a key factor that predicts treatment completion.

Drug-abusing Offenders with Co-morbid Mental Disorders:Gender Differences in Problem Severity,Treatment Participation,and Recidivism

Objective This study examined the gender differences in drug‐related problems and predictors of recidivism among a sample of 1444 offenders with co‐morbid drug abuse and mental disorders participating in California＇s Proposition 36 Program.Methods Background characteristics and problem severity in multiple key life areas were assessed at intake by using Addiction Severity Index,and drug treatment participation,mental health diagnoses and arrests were based on official records.Results Women demonstrated greater problem severity than men in family relationships,health,psychological health,and sexual and physical abuse history.Men on the other hand had greater criminal history,high rates of attention disorder,and psychotic disorder.More men than women were rearrested during the year after treatment admission.Logistic regression analyses showed that for the combined sample,male,young age,cocaine use（relative to methamphetamine）,drug abuse severity,methadone treatment,arrest history and fewer prior treatment history were associated with higher recidivism at 12‐month follow‐up;lower education,cocaine use,and arrest history were related to women＇s recidivism,while young age,outpatient treatment,and arrest history were predictors of men＇s recidivism.Conclusion Although the specific type of mental disorder did not seem to be predictive of recidivism,the high rates of mental health disorder and arrest of this population is problematic.Intervention strategies taking into consideration gender‐specific problems and needs can improve outcomes for both.

Perceptions of treatment among offenders with mental health problems and problematic substance use: The possible relevance of psychopathic personality traits

Substance abuse is related to re-offending, and substance abuse treatment may be effective in reducing criminal recidivism. Psychopathy, however, another factor that strongly correlates with re-offending, may be negatively associated with treatment utilization. This qualitative study explored perceptions of substance abuse treatment among offenders with mental health problems, problematic substance use, and various degrees of psychopathic personality traits. An Interpretative Phenomenological Analysis (IPA) revealed that some treatment perceptions may vary with degree of psychopathic traits. For instance, participants with low and high degrees of psychopathic personality traits had different views on treatment requirements imposed upon them. Many treatment perceptions were also similar between the two participant groups. Thus, treatment perceptions may not be explained by degree of psychopathic personality traits alone, but the presence of some particular psychopathic traits may be relevant in explaining certain treatment perceptions. The results highlight the complex relationship between the individual and the treatment system, and may give input to future studies on rehabilitation of offenders with multiple treatment needs.

Factors Associated with Trait Anger Level of Juvenile Offenders in Hubei Province： A Binary Logistic Regression Analysis

The risk factors of high trait anger of juvenile offenders were explored through questionnaire study in a youth correctional facility of Hubei province, China. A total of 1090 juvenile offenders in Hubei province were investigated by self-compiled social-demographic questionnaire, Childhood Trauma Questionnaire（CTQ）, and State-Trait Anger Expression Inventory-Ⅱ（STAXI-Ⅱ）. The risk factors were analyzed by chi-square tests, correlation analysis, and binary logistic regression analysis with SPSS 19.0. A total of 1082 copies of valid questionnaires were collected. High trait anger group（n=316） was defined as those who scored in the upper 27 th percentile of STAXI-Ⅱ trait anger scale（TAS）, and the rest were defined as low trait anger group（n=766）. The risk factors associated with high level of trait anger included： childhood emotional abuse, childhood sexual abuse, step family, frequent drug abuse, and frequent internet using（P〈0.05 or P〈0.01）. Birth sequence, number of sibling, ranking in the family, identity of the main care-taker, the education level of care-taker, educational style of care-taker, family income, relationship between parents, social atmosphere of local area, frequent drinking, and frequent smoking did not predict to high level of trait anger（P〉0.05）. It was suggested that traumatic experience in childhood and unhealthy life style may significantly increase the level of trait anger in adulthood. The risk factors of high trait anger and their effects should be taken into consideration seriously.

Profiling of Crimes Committed by Psychopathic Offenders

Criminal profiling is a process according to the behavioral pattern of offender to analyze the characteristics of the unsub. This article aims to review specific type of offender, psychopaths, to analyze their features during the crimes. It will firstly introduce the concept of psychopath and their criminality from genetic, biological, and environmental perspective. Then the characteristics of psychopathic offenders will be analyzed as well as motive, criminal scene analysis. Thirdly, three types of crimes that psychopaths are highly involved will be discussed. Finally, from the perspective of victimology, it also discusses the features of victims that psychopathic offenders choose.

A Juvenile Sex Offender with Attention Deficit Hyperactivity Disorder

Background:Attention deficit hyperactivity disorder(ADHD)is a neurodevelopmental disorder manifesting in early life.These children are more vulnerable to sexual abuse as victims and offenders.Here we describe a teenager with previously undiagnosed ADHD presenting with an alleged act of sexual offending.Case report:According to the 14-year-old accused,he has engaged in penetrative anal intercourse with another school colleague.He also divulged past such incidents involving a teenage male relative and insertion of foreign bodies by him to his anus repeatedly.On assessment the accused had features of inattention such as difficulty in sustaining attention,failing to finish work and features of impulsivity such as difficulty waiting for his turn and intruding on others.He was diagnosed with ADHD according to DSM 5 clinical criteria which were supported by the Sinhalese adaptation of the Swanson,Nolan and Pelham questionnaire.The assessment of the non-verbal intelligence was in the normal range,but his school performance was far below the average.Discussion:Undiagnosed ADHD contributes to academic impairment and inappropriate sexual behaviour.It is possible that the described adolescent’s impulsiveness and inattention contributed to his academic failure and risky sexual behaviour.Early detection and proper management of this disorder may have reduced the risk of such behaviour in him.

（The Good）, The Bad and The Ugly： The Visual Construction of Female Child Sex-offenders

This paper explores the visual construction and representation of female sex offenders. It utilises the case study of Vanessa George, a nursery worker who was involved in the exchange of indecent imagery of children via an online paedophile ring. The first part of the paper considers the emergence of the sub-discipline, visual criminology and examines what is known about the visual representation of female offenders. The second part presents the findings of an empirical investigation, which involved engaging in a critical, reflexive visual analysis of a selection photographs and the police mugshot of Vanessa George. The paper considers the ways in which George＇s physical appearance and her suggested ability to deceive were used to visually represent her as ＂other＂, thus reinforcing the existing simplistic motifs of female sex offending.

Theory of unpremeditated joint principal offender

The social benefit of people＇s common behaviors is high. However, once there is the negligence, the harm to the interests of law will also be great. When more than two people implement the dangerous common behaviors, each doer has the common duty of care. If they commonly violate the duty of care which leads to the occurrence of the crimes, the unpremeditated joint principal offender establishes. China should take reference from the research experience of other countries in the world, to regulate people＇s common behaviors with the theory of the unpremeditated joint principal offender, to prevent and reduce the accidents from happening.

Brain Processing of Fearful Facial Expression in Mentally Disordered Offenders

Emotional facial expressions are important cues for interaction between people. The aim of the present study was to investigate brain function when processing fearful facial expressions in offenders with two psychiatric disorders which include impaired emotional facial perception;autism spectrum disorder (ASD) and psychopathy (PSY). Fourteen offenders undergoing forensic psychiatric assessment (7 with ASD, and 7 psychopathic offenders) and 12 healthy controls (HC) viewed fearful and neutral faces while undergoing functional magnetic resonance imaging (fMRI). Brain activity (fearful versus neutral faces) was compared both between HC and offenders and between the two offender groups (PSY and ASD). Functional co-activation was also investigated. The offenders had increased activity bilaterally in amygdala and medial cingulate cortex as well as the left hippocampus during processing fearful facial expressions compared to HC. The two subgroups of offenders differed in five regions compared with each other. Results from functional co-activation analysis suggested a strong correlation between the amygdala and anterior cingulate cortex (ACC) in the left hemisphere only in the PSY group. These findings suggest enhanced neural processing of fearful faces in the amygdala as well as in other facial processing brain areas in offenders compared to HC. Moreover, the co-activation between amygdala and ACC in the PSY but not the ASD group suggested qualitative differences in amygdala activity in the two groups. Since the sample size is small the study should be regarded as a pilot study.

Man with a Heart of Gold——A website to help released former offenders

＂One million private businesses arrange for the placement of and help onemillion people who have been re- leased after serving their prison terms and those released from programs of reeducation through labor （referred to as released former offenders below）.

To Touch Soul of Rakes——Reform school of juvenile offenders

Separated from the women’s prison by only a wall is a big courtyard. It is a world of green. We were told that growing in the three hectare courtyard are more than 3,000 of tall trees and bushes in more than 100 species, 3,000 pots of plants, 4,000 square meters of vegetative cover and nearly 10,000 square meters of flower beds, and lawns. There is also a rockery and a fall and more than 700 square meters of roof garden. No one could associate the place with the word "prison." But it is a prison-a prison or reform school for educating and correcting juvenile delinquents.

新时代未成年犯再社会化的路径探析

未成年犯的再社会化过程始于未成年人失足时,直至其最终顺利回归社会。当前,未成年犯再社会化面临教育感化效果不佳、“二次污染”风险大、犯罪标签效应影响等诸多困境。为最大化挽救未成年犯,维护社会安全稳定,应当遵循最有利于未成年人原则,探索未成年犯前科消灭制度、强化家庭教育指导、加强心理疏导等路径,助力未成年犯顺利复归社会。

帮助信息网络犯罪活动罪定性之探讨

现有帮信罪定性观点均以共犯理论为依托,但无论正犯说、共犯说抑或并合说,均无法对司法解释中通常属于共犯、例外属于正犯的双重属性界定予以兼顾,因此唯有摆脱共犯理论方能实现帮信罪的准确定性。误用共犯理论的原因在于帮信罪共犯型的犯罪构成,而为帮信罪赋予独立的犯罪构成资格即可在理论纠偏的同时实现其准确定性。“他人利用信息网络实施犯罪”作为帮信罪条文中共犯特征的标志性表述,为其给予独立的构成要件要素定位即可赋予帮信罪独立的犯罪构成资格,且“他人利用信息网络实施犯罪”只得视为帮信罪客观情状。由此,帮信罪得以实现当然的正犯定性。

帮助信息网络犯罪活动罪的司法误区与理论校正

帮助信息网络犯罪活动罪案件数量急速增长的背后,存在司法适用的若干误区。本罪立法已包含刑法干预早期化的思想,其司法适用不宜再过度强调预防性特征,应在绝对的共犯独立性和严格的共犯从属性之间寻找第三条道路,即正犯行为相对宽松的事实性制约。本罪被帮助行为和帮助行为的罪量要求,都在司法适用中被过度放低。被帮助行为的罪量要求只有在一对多共犯参与模式中才能例外性地放宽,帮助行为的罪量认定则应牢牢把握不法关联性,审慎对待银行卡流水金额这样的泛化标准。应当对本罪主观明知进行限制解释,适当收缩推定规则的适用,防止责任主义原则的弱化。本罪的司法认定应在积极治理网络犯罪和宽严相济刑事政策之间取得平衡。

单一正犯体系的反思性检讨

我国于共犯体系的选择上存在单一制与区分制两种不同主张。近年来,双方的理论对立逐渐深化且仍然激烈。对单一制作出系统性反思与检讨,既有利于廓清理论争议,也是抉择所需。经反思,在观察视角层面,单一制无视共同犯罪的团体性本质;在立法层面,单一制与我国立法进程及胁从犯规定不符;在理论层面,单一制无法真正引入归责理念,并且存在不当扩大、缩小处罚范围以及不能合理说明身份犯共犯的可罚性之缺陷;在实践层面,单一制不具有量刑以及主犯、从犯刑事证明指导功能。应从共同犯罪的团体性本质出发,构建中国特色“主—从”区分式共犯参与体系。

论结果加重犯的共同正犯中加重结果的客观归责

结果加重犯的共同正犯的结果归责应当以结果加重犯独立不法构造为出发点进行判断。基于危险性说,行为人实施基本犯的行为就是制造了法所不允许的危险,进而通过直接性要件判断此种危险是否在加重结果中实现。以结果加重犯“制造危险+实现危险”的不法构造为基础,对结果加重犯的共同正犯的不法判断应当在客观归责的架构之下,遵循复数参与人共同制造了法所不允许的危险并且在加重结果实现的路径予以展开。这就要求,复数参与人应当就基本犯构成共同正犯,且针对加重结果亦具备共同归责的关联性。反之,复数参与人未共同制造危险或者未制造典型的危险,以及未共同地实现危险,都应当排除加重结果的归责。

MRI三维重建技术在颅神经血管压迫综合征中的应用价值

目的探讨MRI三维重建技术在颅神经血管压迫综合征责任血管识别和神经受压判定中的应用价值。方法在微血管减压术前对91例三叉神经痛及72例面肌痉挛患者行桥小脑角池段颅神经和血管成像,将获得的MRI原始数据分别进行二维和三维水平(曲面及仿真内窥镜)重建,多维度评价责任血管的数目、来源和颅神经受压程度,并将影像诊断结果与术中所见进行比较。结果三维重建技术对三叉神经痛责任血管的正确识别率为95.6%,对血管压迫神经判定的准确性为94.5%。此技术对面肌痉挛责任血管的正确识别率为91.7%,对血管压迫神经判定的准确性为89.5%。三维重建技术对责任血管与颅神经单纯性接触的判定准确率明显高于二维图像(P<0.05)。结论MRI三维重建技术可以提高责任血管识别的正确率,更加准确地检测颅神经受压程度,对于多支责任血管造成的颅神经复杂性压迫更为适用。

犯罪分工视角下主从犯的类型化界定

区分制正犯体系采用分工分类法实现行为定型,再赋予正犯、从犯概念量刑基准功能的做法并不适合我国,反而造成概念混同以及两种功能之间的内在冲突。在我国采用作用分类法为主的立法背景下,理论上探讨正犯、教唆犯、帮助犯宜采用形式的客观说,以实现行为定型和量刑均衡的平衡。在形式客观说视角下,实行犯原则上是主犯,例外为从犯;共同正犯并不必然是主犯,也可以成立从犯;教唆犯主要是主犯,少数情形下成立从犯;帮助犯通常情况下是从犯,但也可能是主犯。主从犯的判断依据是犯罪行为的全链条,实行行为在犯罪链条居于中心地位,但不是唯一的核心。分工分类法和作用分类法对主从犯的判断结论部分相同,但存在差异。

冲动性暴力犯愤怒条件下的阈上阈下反应抑制受损

本研究使用情绪性Go/No-go任务(实验1)和掩蔽版Go/No-go任务(实验2),考察暴力犯和对照组在中性条件和愤怒条件下的阈上阈下反应抑制能力。实验1发现,相比中性条件下,暴力犯和对照组在愤怒条件下Go反应时更短,No-go错误率更高;愤怒条件下暴力犯比对照组Go反应时更短,No-go错误率更高。实验2发现,相比中性条件下,在愤怒条件下暴力犯No-go反应时和RT-slowing更短,而对照组无显著差异;在愤怒条件下,暴力犯比对照组No-go反应时和RT-slowing更短。结果表明,相比中性条件下,愤怒条件下暴力犯呈现阈上阈下反应抑制受损;愤怒条件下,暴力犯比对照组阈上阈下反应抑制表现差。

罪错未成年人保护处分程序的法治化

《刑法》《未成年人保护法》与《预防未成年人犯罪法》共同构建了对罪错未成年人的教育矫治制度,但由于缺少程序法的规制,当前的教育矫治制度并未得到有效的落实,对罪错未成年人的前端处置不力。当前在程序法中几乎没有与保护处分相关的内容,对于保护处分实施对象、实施主体和实施程序都缺乏配套规定,专门学校在实践中异化、矫治教育的社会效果不明显,不利于实现保护处分机制的效果、无法弥补一元化形事司法格局的罪错未成年人处置方向。在《刑事诉讼法》再修改的契机之下,应当将保护处分纳入罪错未成年人处置的司法体系中,在“未成年人刑事案件诉讼程序”一章中加入保护处分的相应制度,与现有的附条件不起诉制度衔接,实现预防未成年人犯罪与罪错治理的有效衔接。