刑事附带民事诉讼死亡、残疾赔偿金审判探析

死亡赔偿金、残疾赔偿金的刑事附带民事赔偿问题，囿于立法、司法解释不明确和矛盾、司法实践中当事人赔偿能力低下、大多无财产可供执行的困难等诸因素，在是否列入刑事附带民事的赔偿范围及如何判赔问题上存在颇多争议。笔者在综合考察研究相关的立法、司法解释及刑事附带民事赔偿审判实践的基础上，主张应当列入赔偿范围且应当全额判赔。但应当给原告出具风险告知书并尽可能争取调解解决。进入强制执行阶段後，如有财产的，全额执行；如无履行能力的，则应中止或终结执行。同时，对因中止或终结执行而生活极端贫困被害人及其抚养人应给予国家补偿救济或“低保”。     

The forensic medical expertise in trauma of male genitals

A damage inflicted to genitals organs (GO) affects the copulative functions, the sperm fertilizing ability and, as a whole, the reproductive function. Injuries to the external genital organs (EGO) due to immediate trauma are more often the case in the forensic medical practice; they are less often encountered in operative interventions in organs, which are close to the prostate or those having immediate direct links with the testicles or with the cavernous bodies of the penis, i.e. in case of an indirect trauma or an mediated effect on the functions of GO. Even if there is a smallest damage to the EGO region, the man needs to consult the urologist in the out-patient or in-patient medical institution. It is always necessary to asses a degree of severity to the health both by signs of duration to health disorders and by an outcome of injury with regard for trauma severity and possible impact on the reproductive function.     

Revisiting current strategies for primary prevention of motorcycle collisions in Jamaica

Abstract

Motorcycle Road Traffic Collisions place a heavy burden on emergency medical services in Jamaica. We explore the existing strategies and legislative policies that may prevent or reduce the severity of these injuries in Jamaica. This is an important aspect of health care as it may minimize the impact of these preventable injuries on the limited resources of the health services.     

Psychiatric correlates of medical care costs among veterans receiving mental health care

Research on increased medical care costs associated with posttraumatic sequelae has focused on posttraumatic stress disorder (PTSD). However, the provisional diagnosis of Disorders of Extreme Stress Not Otherwise Specified (DESNOS) encompasses broader trauma-related difficulties and may be uniquely related to medical costs. We investigated whether DESNOS severity was associated with greater nonmental health medical care costs in veterans receiving mental health care. Participants were 106 men and 105 women receiving VA outpatient mental health treatment. A standardized interview assessed DESNOS severity. The dependent variables consisted of primary and specialty medical treatment costs. Sequential zero-inflated negative binomial regression was used to evaluate the variance in medical costs accounted for by DESNOS severity, controlling for PTSD severity and established predisposing, enabling, and need-based health care factors. Contrary to our hypothesis, in fully adjusted models, DESNOS severity independently added a significant amount of variance to lower specialty medical care costs, whereas PTSD did not consistently account for significant variance in medical care costs. Greater DESNOS severity appears to be associated with lower specialty medical care costs but not primary care costs. These findings may indicate that patients with DESNOS symptoms are at risk for being underreferred for specialty care.     

Crystallographic analysis of liquor for diagnosis and life-time evaluation of craniocerebral injury

Liquor specimens were examined by crystallography in 136 patients with craniocerebral injuries of different severity, hospitalized at the neuroinjury department of Kaliningrad Emergency Hospital and in 12 normal subjects in 1997-1998. The crystallograms were evaluated by a sum of signs, as a result of which specific patterns of colony growth in health and craniocerebral injury of different severity were obtained.     

Forensic-medical aspects in assessment of damage to health as the result of chest and low back spinal traumas

By the law of the Russian Federation, forensic medical examination is obligatory to assess damage to health in chest and low back spinal traumas. In persons who survived spinal trauma the assessment of its severity is regulated by the rules of assessment of the severity of bodily damage and harm to health. Difficulties arising in this assessment are outlined. Damage to health is proposed to be evaluated not only by clinical data on the condition of the patients but also by macro- and microscopic results of forensic-medical examination of the dead body, by the presence and severity of edema of the spinal cord tissue.     

Mental Health Court Outcomes: A Comparison of Re-Arrest and Re-Arrest Severity Between Mental Health Court and Traditional Court Participants

Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.     

Psychometric Properties of a Brief Instrument to Assess Perceptions of Injustice Associated with Debilitating Health and Mental Health Conditions

The present study examined the psychometric properties of a shortened and simplified version of the Injustice Experience Questionnaire (IEQ). The instructional set of the original IEQ was modified to make it better suited to the context of debilitating health and mental health conditions that do not necessarily arise as a result of injury. The number of items was reduced from 12 to 5, and the response scale was simplified. The Injustice Experiences Questionnaire – Short Form (IEQ-SF) was administered to individuals diagnosed with a chronic musculoskeletal (MSK) condition (N?=?88) or major depressive disorder (MDD) (N?=?87). The internal consistency of the IEQ-SF was acceptable. The IEQ-SF was significantly correlated with measures of pain severity, depressive symptom severity and disability in both samples. Individuals with MDD scored higher on the IEQ-SF than individuals with MSK. The IEQ-SF was shown to be sensitive to treatment-related reductions in perceived injustice. Preliminary analyses suggest that the IEQ-SF is a reliable and valid measure of disability-related injustice perceptions associated with debilitating health and mental health conditions.     

Social disadvantage, mental illness and predictors of legal involvement

The following study evaluates the complex association between legal involvement and mental illness. It describes a population of consumers of community mental health programs, comparing those with legal involvement to those without legal involvement, on a number of demographic, clinical and social indicators. It is a secondary analysis of data collected in studies making up the Community Mental Health Evaluation Initiative (CMHEI) in the province of Ontario, Canada. Legal involvement was a significant issue among community mental health program consumers; about one in five consumers had at least some contact with the legal system in the preceding nine months. Legally involved consumers were more likely to be in receipt of social assistance and be unstably housed than those legally uninvolved. However, there were no significant differences between legally involved and uninvolved consumers with respect to severity of symptomatology, current medication use or number of hospitalization days in the past 9 months. A predictive model compared the differential impact of clinical and social determinants upon legal involvement. Analyses failed to uncover a significant relationship between severity of psychiatric symptomatology and legal involvement. Significant predictors of legal involvement included gender, race, drug use as well as housing instability, and receipt of social assistance. Legal involvement was attributable to factors other than the severity of mental illness; these results challenge assumptions that the most symptomatically severe consumers are most at risk of legal involvement. Accordingly, the rate of legal involvement in a sample of community mental health program users must be considered in a broad context, with particular emphasis on social disadvantage.     

Inmate Attitudes Toward Treatment: Mental Health Service Utilization and Treatment Effects

This study examined inmate attitudes toward treatment, mental health treatment utilization, and treatment effects that maximize treatment effectiveness. Participants consisted of 278 incarcerated male adult offenders from the Kansas Department of Corrections. Multiple linear regression analysis indicated that inmate attitudes toward treatment were predictive of the number of mental health treatment sessions (dosage) inmates received. Hierarchical linear regression analyses indicated positive help-seeking attitudes were associated with institutional behavior (decreased number and severity of disciplinary infractions) and scores on a measure assessing risk for future criminal behavior; however, the amount of mental health treatment an inmate received (treatment dosage) was associated with problematic institutional behavior (i.e., increased severity and number of disciplinary infractions). These results indicated that treatment dosage and behavioral outcomes were impacted by inmate attitudes toward treatment. As a result, correctional psychologists may be better able to predict which inmates will receive the most benefit from services. Implications of these findings for practitioners and policy makers are discussed.     

New prospects in forensic medical expert evaluation of perforating wounds of the eye

The criterion "percentage of stable loss of total working capacity" is usually used in expert evaluation of perforated wounds of the eyes. However it does not always allow an objective evaluation of the ocular status. Visual acuity can vary greatly during the posttraumatic period for a rather long time, becoming worse or better during up to 1 year. Treatment and observations of 160 victims (165 eyes) helped determine the major clinical symptoms of perforated wounds and distinguish 8 symptoms characteristic of severe injuries. Use of these symptoms as criteria for evaluating the severity of injury inflicted to health helps make an objective conclusion without waiting for recovery.     

Survey of methods for the rating of psychiatric impairment in Australia

One of the enduring clinical issues in the assessment of plaintiffs in personal injury and workers' compensation claims, as well as applicants for social security and disablement benefits, is that of the evaluation of impairment and work incapacity. Many writers on this topic confuse the concepts of impairment and disability, and similar confusion is reflected in a number of the rating methods that purport to evaluate impairment but in reality assess disability. In Australia there are 20 distinct statutory schemes for workers' compensation, motor accident compensation, and social security and other benefits, which utilise a variety of methods for the rating of psychiatric impairment. Recent legislative changes designed to restrict access to personal injury compensation at common law, which in two Australian State jurisdictions require the use of impairment rating scales, also specify the rating methods to be used in the assessment of psychiatric impairment. This article discusses the concepts of impairment and disability as defined by the World Health Organisation, and reviews the various methods for the rating of psychiatric impairment that are specified by statute in the federal and State jurisdictions in Australia.     

Disability,Rights, and the Construction of Sexuality in Tort Claims

This study empirically investigates how courts define sexuality of disabled persons in the absence of a formal right to sexuality. The focus of the study is tort law, a field ungoverned by direct disability rights legislation, assuming that tort law is the law of disablement as it concerns the transformative process of becoming disabled. The study investigates the types of damages courts have awarded for harm to sexual functioning, inquiring to whom and under what conditions have they been awarded. Additionally, it examines the discourse that characterizes each type of damages, and the legal, social, medical, and healthcare policy developments that have affected courts' rhetoric and reasoning. Our findings reveal shifting trends in scale, content, and inclusiveness of beneficiaries in terms of gender and age. Over time, courts have adopted a more hopeful and dynamic approach to disabled persons' sexuality while remaining within an individual‐medical framework. We suggest that these shifting trends can be linked to the slow diffusion of the social‐affirmative approach to disability, the limits of tort law as a field, and the role of healthcare policy in shaping the landscape of tort claims.     

Social Correlates of Delinquency for Youth in Need of Mental Health Services: Examining the Scope Conditions of Criminological Theories

While both traditional criminological inquiry and mental health research have identified internal and external constellations of risk factors associated with juvenile offending, interdisciplinary discourse has been limited. This paper takes a step in bridging the gap between criminological literature and work in the field of children’s mental health by evaluating the combined effects of social and mental health predictors on juvenile delinquency in a sample of youth with diagnosed clinical disorders. Results of multivariate analyses indicate that both traditional social risk factors as well as indicators of the nature and severity of youths’ mental health disorders contribute to delinquency. Moreover, the influence of one well-established risk factor, self-control, on delinquency is moderated by the presence of oppositional defiant disorder. The results of this study suggest that researchers and practitioners should consider the cumulative influence of social risk factors and psychological impairment in the etiology of delinquency.     

Forensic medical evaluation of the severity of harm to the health in the cases of a fracture of the zygomaticoorbital complex complicated by ophthalmological disorders

Expert reports of the cases of a fracture of the zygomaticoorbital complex are presented along with their comprehensive assessment based on the available investigative, clinical, and anamnestic data. The analysis included 71 patients, materials of forensic medical examination and other medical documentation, civil, criminal, and administrative proceedings. It was shown that forensic medical evaluation of the severity of harm to the health in the cases of a fracture of the zygomaticoorbital complex including those complicated by ophthalmological disorders is possible both in terms of the total duration of health impairment and in terms of the persistent loss of ability to work (on a percentage base). It is concluded that the degree of harm to the health in the cases of a fracture of the zygomaticoorbital complex complicated by ophthalmological disorders can be categorized as mild, moderate, and severe depending on the total duration of health impairment and percentage loss of ability to work. In case of irreparable facial disfigurement, the moderate harm to the health can be re-evaluated by the court as a severe one.     

The development of a sexual abuse severity score: characteristics of childhood sexual abuse associated with trauma symptomatology, somatization, and alcohol abuse

Childhood sexual abuse (CSA) is common and is associated with both mental and physical health problems in adulthood. Using data from an age- and sex-stratified population survey of 600 Olmsted County, Minnesota, residents, a Sexual Abuse Severity Score was developed. The abuse characteristics of 156 CSA respondents were associated with self-reported trauma, somatization, and alcohol use. Characteristics included age of first sexual abuse, more than one perpetrator, degree of coercion, severity of abuse (i.e., attempted intercourse is more severe than fondling), and the number of occurrences. This is one of the few reports to develop a risk summary that quantifies the severity of CSA.     

Self-injurious behaviors, PTSD arousal, and general health complaints within a treatment-seeking sample of sexually abused women

Eighty-nine adult female survivors of childhood sexual abuse, presenting for psychological treatment, were assessed for self-reported rates of self-injurious behaviors (SIB), health complaints, and posttraumatic stress disorder (PTSD) symptoms of physiological arousal. A composite measure of current SIB was significantly and positively associated with health complaints, PTSD arousal, and three measures of sexual abuse severity: age of onset for sexual abuse, injury experienced during the sexual abuse, and perceived life threat. Tests of mediation revealed that symptoms of PTSD arousal mediated the relationship between earlier age of onset for sexual abuse and SIB. PTSD arousal moderated the relationship between sexual-abuse-related injury and SIB. SIB was a unique predictor of health complaints, even after controlling for sexual abuse severity and PTSD arousal.     

An evaluation of the effectiveness of positive behavioural support within a medium secure mental health forensic service

A number of recent influential reports recommend the use of proactive and preventative approaches such as Positive Behavioural Support (PBS) in the management of challenging behaviours. Although evidence supporting the use of PBS is mainly drawn from studies of learning disability and child populations, it is recognised that PBS could have a much wider utility. In this study, PBS was implemented in a medium secure forensic mental health service, a novel context. Impact was evaluated using an adapted version of the Checklist of Challenging Behaviour at baseline and then at 3 monthly intervals for a year. Significant reductions were observed in aggression frequency, management difficulty and severity and other challenging behaviour frequency and management difficulty. Reductions in challenging behaviour were still evident after six months for the full group and twelve months for the sub-group with the exception of other challenging behaviour management difficulty. In contrast, no such significant differences were found for a control group. This study indicated that PBS was an effective intervention in the management of challenging behaviour in this forensic mental health context.     

Workplace violence: an overview of patterns of risk and the emotional/stress consequences on targets

Violence at work (VAW) is a frequent precursor to mental ill health, and to a lesser degree physical injury, among those exposed to this occupational hazard. In this paper an overview is provided of the nature and prevalence of such violence, of the risk factors involved, and of the impact upon victims. The paper examines the definition of VAW which includes both physical and psychological violence. Attention is given to the influential involvement of the UN affiliated International Labour Organisation in setting benchmarks for defining, preventing and responding to VAW. Evidence about the incidence and severity of VAW on a global basis is examined. It is noted that the reliability of information about VAW is quite variable, especially in non-industrialised countries. The available evidence indicates that psychological aggression is widespread across all sectors of employment and physical violence, although far less common, remains a significant problem. Risks of becoming a victim of VAW vary according to numbers of factors including job category, the nature of the work being performed, gender, age and experience. The paper also focuses on research regarding the effects upon persons experiencing or witnessing VAW. This research indicates that the health related consequences of psychological violence can be as severe as those from physical violence. The paper concludes that VAW is a major occupational health and safety hazard in all nations, regardless of their state of development. A reduction or elimination of this violence, and the health problems it creates, requires concerted and integrated strategies, together with rigorous evaluation of preventive measures.     

Effects of Family Violence on Child Behavior and Health During Early Childhood

Looking at families where children have been abused/neglected in early childhood, this study examined measures of child behavior and health to see if they tended to be worse when domestic violence is or has been present in a family. Further, caregiver and family characteristics as well as other case factors were examined, as possible moderators or mediators of the effects of domestic violence. Results indicate that domestic violence, of the type and severity occurring in our sample, does not have a direct effect on child outcomes by Age 6, when other associated variables are taken into account, but has considerable indirect effects. There is a pronounced impact of domestic violence on family functioning, the caregiver's general health and well being, and the quality of the caregiver's interaction with the child, which in turn are significantly associated with decrements of child functioning related to behavior problems and health. Some implications of this study for research in the area of domestic violence and child maltreatment are discussed.