课程名称︰刑事政策 课程性质︰选修 课程教师︰谢煜伟 开课学院：法律学院 开课系所︰法律学系 考试日期（年月日）︰2021/06/21 考试时限（分钟）： 试题 : ＊请分别阅读下列文章，并回答问题： （一） In the midst of the chaos and excitement of massive immigration, industrialization, and urbanization, progressivism was born. Progressivism enlisted citizens from all walks of life, for the purpose of safeguarding the quality of American life. It attracted maverick journalists, college student idealists, opportunists, men, women, and the middle class, in an all-out effort to expose the deceit and corruption of politicians and corporate capitalism. As a result of these efforts, government and science, hand in hand, were given the task of improving and correcting society. It was out of this context of social, economic, and government engineering that an ambitious penal reform agenda was conceived. Prompted by the failures of the existing system, and shaped by a progressive social context and theories of the scientific community, the reformatory, indeternimate sentence, parole, and probation came into being. What these reforms shared in common was the formal intent to investigate, classify, and then treat the offender according to his biological, economical, psychological, and sociological circumstances. However, the promise and the reality of these monimental reforms diverged considerably. The simple premise of the reformatory, indeterminate sentencing, and parole was that confinement ought to continue until reformation was demonstrated, and that, for young offenders deemed salvageable, a second chance ought to be affored. However, the reformatory failed to provide more humane and effective methods of social re-education. Meanwhile, parole was renderd a mechanism to ease prison overcrowding and to extend the control of the institution into the community. Probation was conceived as an alternative to incarceration, but acted as a supplement in practice, thereby expanding control over populations previously not subject to incarceration. This pattern of expanded control and failure to reform was witnessed in another of the progressive movement strategies, namely the juvenile court. 1. 这是一本介绍美国刑罚学史的书籍中撷取的段落，作者在这段文章中，说明了美国在这 个时期关於刑事政策的走向与发展。请问文章中所描绘的时代约略在何时？在这个时期 　 中，关於犯罪学理论的发展趋势，以及所连带形成的刑事处遇理念为何？（20%） 2. 为何作者会说："Probation was conceived as an alternative to over populations to incarceration, but acted as a supplement in practive, thereby expanding control over populations previously not subject to incarceration."？请试图分 　 析这句话之所以成立的背景因素为何，以及其所产生的後续影响。（20%） 3. 如果你是本书作者，这个时期介绍玩了之後，要如何向读者介绍下一个时期？请试着接 　 续帮作者写出下一个时期美国刑罚学与刑事政策的摘要性介绍（500字以内）。（20%） （二） This theory starts with the assumption that a theory of rehabilitation should be based on the social psychology of offending. In this approach, individual and social/situational factors intersect to create in offenders values, cognitions, and personality orientations that foster crime. To a large extent, these ways of thinking and responding are learned and reinforced, and thus become, in effect, individual differences in criminal propensity. This approach rejects psychodynamic and psychoanalytical theories that link crime to "root causes" whose origins lie in the organization of society; after all, root causes are not amenable to change by correctional programming. Indeed, from this standpoint, structural factors can only have effects to the extent that they produce, within individuals, the antisocial values, cognitions, and orientations that are proximate causes of criminal conduct. Accordingly, while broader reforms may alleviate the distal structural sources of crime, treatment interventions must target those factors that are within, or close to, offenders and thus within reach of the kinds of programs the correctional ststem can undertake. This theory is important because it organizes much knowledge about treatment effectiveness. In particular, it tells us not only what works and why but also doesn't work and why. Most salient, it makes strong predictions about the ineffectiveness of control-oriented interventions that seek to specifically deter offenders through surveilance and threats of punishment. Because these control-oriented programs do not target for change the known predictors of recidivism and do not conform to the principle of general responsivity, they will not reduce recidivism. As noted previously, the existing literature shows that control-oriented programs are ineffective. 1. 请问本段文章中，作者所介绍的理论是什麽理论？这个理论的核心主张为何？是基於何 　 种刑事政策思潮的发展下所提出的？其优点为何？试详述之。（20%） 2. 请问本文提及的理论，其主要的缺点为何？有可能从何种角度加以改善？如何改善？ （20%） --

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