課程名稱︰刑事政策
課程性質︰選修
課程教師︰謝煜偉
開課學院：法律學院
開課系所︰法律學系
考試日期（年月日）︰2021/06/21
考試時限（分鐘）：
試題 :
＊請分別閱讀下列文章，並回答問題：
（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. 這是一本介紹美國刑罰學史的書籍中擷取的段落，作者在這段文章中，說明了美國在這
個時期關於刑事政策的走向與發展。請問文章中所描繪的時代約略在何時？在這個時期
　 中，關於犯罪學理論的發展趨勢，以及所連帶形成的刑事處遇理念為何？（20%）
2. 為何作者會說："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."？請試圖分
　 析這句話之所以成立的背景因素為何，以及其所產生的後續影響。（20%）
3. 如果你是本書作者，這個時期介紹玩了之後，要如何向讀者介紹下一個時期？請試著接
　 續幫作者寫出下一個時期美國刑罰學與刑事政策的摘要性介紹（500字以內）。（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. 請問本段文章中，作者所介紹的理論是什麼理論？這個理論的核心主張為何？是基於何
　 種刑事政策思潮的發展下所提出的？其優點為何？試詳述之。（20%）
2. 請問本文提及的理論，其主要的缺點為何？有可能從何種角度加以改善？如何改善？
（20%）