The analysis of the unfavourable outcomes of dental care based on the materials of forensic medical examinations carried out by the Bureau of Forensic Medical Expertise, Moscow Department of Health

The analysis of the unfavourable outcomes of dental care based on the materials of forensic medical examinations carried out by the Bureau of Forensic Medical Expertise, Moscow Department of Health.     

The methodological basis for the expert assessment of unfavourable outcomes of the treatment

Procedures of forensic medical examination are considered with special reference to the cases of unfavourable outcomes of the treatment and methodological basis of their expert assessment. The step-by-step analysis of the doctor's actions is proposed for their objective evaluation. The objective opinion of the expert commission should be based on the medical criteria for the doctor's actions.     

Racially conditional donation: the example of umbilical cord blood

While direction of donated tissue to family members has long been accepted, direction to members of specific racial groups has been opposed, on the basis that it is discriminatory and contrary to the ethos the institution of organ donation seeks to promote. It has, however, recently been proposed that racially conditional donation may provide a useful--and ethically acceptable--way to address the social inequalities and injustices experienced by certain cultural groups. This article examines the ethical, legal and cultural arguments for and against racially conditional donation, concluding that the practice is more likely to undermine the values of equity and justice than to promote them and that it may also lead to other unfavourable personal and social outcomes.     

现行人身保险合同保险人不当履行最大诚信原则探秘

最大诚信原则是保险合同的基本原则 ,但现行多数人身保险合同中普遍存在重投保人的诚信义务 ,以格式文本的形式为投保人设置不利障碍 ,保险人自身却没有很好地履行最大诚信原则。     

“亲情会见”之利弊谈

在当代,保障人权已日益成为与惩罚犯罪相并行的刑事司法理念.在此背景下,我国刑事司法界采用了"亲情会见"制度,以彰显刑罚之人性化."亲情会见"在实践中带来了意想不到的效果,但其弊端亦不容忽视.故应及早进行规范,使之获得更好的社会效果.     

Molecular-genetic forensic expert investigations in the Russian Federation: problems and perspectives

Introduction of molecular-genetic technology into forensic-medical expert practice in Russia took place in unfavourable conditions of poor financial support and, consequently, the results appeared unsatisfactory. Organisation and functioning of genetic laboratories must be controlled and provided with an adequate system of training personnel and professional control. Application of molecular-genetic methods in forensic medicine meets the needs of expert practice if it is based on the systemic approach. The system is proposed to be headed by Russian Center for Forensic-Medical Expert Examination. This center is to update and control the activity of all institutions involved in forensic medical expert examination in Russia and conduct monitoring of the studies and training of specialists for the system.     

Postmortem dismemberment/mutilation--medicolegal and criminalistic evaluation of the autopsies performed by the Institute of Legal Medicine at the Hanover Medical School

Among all the autopsies performed by the Institute of Legal Medicine at the Hanover Medical School between 1978 and 1998. 16 cases of postmortem dismemberment/mutilation were evaluable under criminalistic and medicolegal aspects. In the present study, particular attention was paid to the psychosocial circumstances of the perpetrator's and victim's lives and also to the classification of the different types of postmortem dismemberment/mutilation illustrated by case reports. Apart from an unfavourable personal life situation at the time of the offence, essential predisposing factors were: poor integration in society and family, occupational problems, drug abuse and mental diseases. As the interactions between these factors differ in every single case and may be combined with other factors, the analysis of such homicides should always be based on the assessment of the individual case.     

Public Protests, Private Lawsuits, and the Market: The Investor Response to the McLibel Case

The tendency of English libel law to protect reputation at the expense of freedom of expression makes the United Kingdom a potentially attractive forum for retaliatory lawsuits against individuals and organizations who lobby or campaign against the interests of large companies. The most prominent recent example of such a lawsuit was the so-called 'McLibel' case, in which McDonald's Corporation sued protesters who had distributed anti-McDonald's leaflets outside some of the company's restaurants. The case is often cited as evidence that the risk of unfavourable publicity generated by retaliatory libel actions is a strong deterrent to using the libel laws to silence public opposition to corporate activities. This article uses a technique widely employed in financial economics research, the 'event study' method, to investigate whether the unanticipated bad publicity attracted by the McLibel case had a negative financial impact on McDonald's, such that future retaliatory lawsuits might be deterred.     

Fatal intoxication due to tramadol alone: case report and review of the literature

Poisoning may also lead to both coma and multiple organ failure, also in youngsters without a known major medical history. As not all toxic agents are routinely screened when a poisoning is suspected, it is useful to consider less frequently encountered poisons in certain cases. We describe the occurrence of asystole and multiple organ failure which occurred in a young man after a suspected tramadol overdose. The tramadol concentration on admission in the ICU was indeed 8 microg/ml (mg/l), far above the therapeutic range. Subsequently, the patient developed severe acute liver failure, finally leading to death. Post-mortem toxicology did not reveal any other poison responsible for this unfavourable course as only very high serum and tissue tramadol and desmethyltramadol concentrations were found. Only a few fatal poisonings attributable to tramadol alone, as observed in our case, have been reported. An overview of these cases is presented.     

Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom

In Re an Application by the Northern Ireland Human Rights Commission for Judicial Review, the Supreme Court made unfavourable comments about Northern Irish abortion legislation in a way which showed complete disregard for elements of civil procedure which are a foundation of proper adjudication within the context of respect for democracy. This was but the latest of a number of cases in which the senior judiciary has made unaccountable procedural innovations furthering judicial supremacy in defiance of the sovereignty of Parliament. In addition to Re Northern Ireland Human Rights Commission, two other of these cases, Simmons v. Castle and R (Miller and another) v. The Secretary of State for Exiting the European Union, will be discussed. These cases reveal an effort to create judicial supremacy by means which we are obliged to call surreptitious.     

Transition,dysfunctionality and change in the Czech and Slovak Republics

The paper considers the problem of creating a market economy and democratic polity simultaneously in a post-Communist state. In the context of weak inherited political and judicial systems, the attempt at rapid transition to a market economy is likely to have unfavourable consequences in terms of corruption. This prediction is supported by preliminary evidence from research on the privatisation process and its control framework.This article is a revised version of paper presented to the Third International Conference on Ethics in the Public Service, Jerusalem, June 1993.     

Sentencing policy and disparity: Guidelines and the influence of legal and democratic subcultures

This study analyzed the effects of sentencing policy on sentencing outcomes and the determinants of sentencing decisions. The authors used hierarchical modeling to examine the impact of sentencing reform on legal and individual- and county-level extralegal factors in addition to the sentencing outcomes themselves. The research was framed within the legal and democratic subculture perspective developed by Richardson and Vines (1970) for understanding lower court decision making. The results indicated that sentencing policy acts as a filter, through which cues from each subculture are synthesized, and helps to shape the effects of both legal and extralegal variables on sentencing outcomes.     

The Role of Perpetrator Alcohol Use in the Injury Outcomes of Intimate Assaults

Little research has been conducted on the role of perpetrator alcohol use in the injury outcomes of intimate assaults, although alcohol use by an intimate partner may be related to more severe assault outcomes (physical injury and need for medical attention) than is no alcohol use. The role of perceived perpetrator alcohol use in the injury outcomes of intimate assaults (N = 909) was analyzed using 1992–1996 National Crime Victimization Survey data. Logistic regression analyses demonstrated that perpetrator alcohol use was associated with increased likelihood of physical injury and marginally associated with more medical attention seeking by the victim when demographic variables and assault characteristics were controlled. Suggestions for future research on the relationship between alcohol and intimate assault outcomes are presented.     

Using the National Diabetes Audit to improve the care of diabetes in secure hospital in-patient settings in the UK

To examine the ability of two forensic units, one high secure and one medium secure, to meet the NICE (National Institute for Health and Care Excellence) standards of care for diabetes. We applied the National Diabetes Audit programme, which uses as standards the NICE guidelines, to assess the quality of care provided for patients in two forensic units. Of the 500 patients, 200 in high secure and 300 in medium secure, 88 (17.6%) had type 2 diabetes. None had Type 1 diabetes. Of those with Type 2 diabetes, the care of 74 (84%) met all 8 NICE recommended standards. Glucose levels were lower in the medium/low secure unit compared to the higher security environment. Whilst achievement of process-based outcomes was higher than those reported nationally, achieving clinical outcomes was more challenging. High-quality diabetic care can be provided for patients in forensic units. Benchmarking physical health outcomes against national criteria in mental health inpatients is a potential method of improving outcomes.     

Prospective effects of method of coercion in sexual victimization across the first college year

Women who enter college with a sexual victimization (SV) history may be at particular risk for deleterious outcomes including maladaptive alcohol involve posttraumatic stress, and re-victimization. Further, pre-college SV may be an impediment for the achievement of academic mile and may negatively impact the transition into college. Recent work shows that the method of coercion used in SV may be an important predictor of post-victimization outcomes. As such, the identification of pathways between type of SV and outcomes can aid in early identification and intervention for those at highest risk. In a sample of newly-matriculated female college students, this study examined unique outcomes associated with two specific types of SV, (1) threats/use of physical force (Force SV) or (2) incapacitation (Incap SV). Participants completed assessments of SV, alcohol involvement, posttraumatic stress, and academic outcomes at 6 time-points over their first year of college. Results showed differential outcomes based on pre-matriculation exposure to Force SV or Incap SV. Women with Incap SV were higher on problem drinking indices whereas women with Force SV were at greater risk for re-victimization and marginally more PTSD symptoms. Having a history of either type of SV predicted attrition, but there were no differences when comparing Force SV to Incap SV. Overall, results from this study support the utility of delineating SV experiences by method of coercion, and point to the potential of highlighting different outcomes in tailored intervention programs.     

Extralegal factors and the sentencing of organizational defendants: An examination of the Federal Sentencing Guidelines

The Federal Sentencing Guidelines were developed to provide uniform and standardized punishments for eliminating sentence disparities based on legally irrelevant factors. While research at the individual level showed that extralegal factors continued to affect sentence outcomes, no such research determined if these factors influenced sentencing of organizational offenders. This article extends the unit of analysis beyond the individual and toward organizational offenders to determine if total fine amounts are affected by extralegal organizational characteristics. Relying on post-1991 organizational defendant's data, the findings indicated both legal and extralegal factors significantly affected fine outcomes for organizational offenders. As expected, several legal factors significantly affected fine outcomes. At least two extralegal variables, economically solvent and closely held organizations, however, exerted significant effects in predicting the total fine amount imposed. Similar to research at the individual level, this study indicated that extralegal or legally irrelevant factors had some level of impact upon sentencing under the guidelines.     

Exploring the Impacts of Racial Disparity Within the American Juvenile Justice System

The racial disparity in the American juvenile justice system impacts the lives of many youth of color. Youth of color constitute 34% of the U.S. population, however, they make up 62% of the youth charged in the juvenile justice system. The cycle of racial inequality and imprisonment are factors influenced by residential segregation and policing practices. Juvenile justice involvement leads to poorer physical and mental health in youth, stymied social outcomes, poorer familial relationships, decreased graduation and employment rates, increased rates in violence, and long-term negative future outcomes. The article advocates for mental health treatment and family services to be incorporated within incarcerated settings. Clinical strategies and future direction are discussed to begin to combat these various adverse impacts.     

Distributive Justice and the Allocation of Costs,Losses, and Profits

In an experimental study, participants read a scenario about five business partners who sold plants at a flea market. Each partner obtained a different outcome and still had to pay the costs of the partnership. Participants either had to indicate what they considered to be a fair distribution of the costs (given each individual partner's earnings) or what they considered to be a fair distribution of the net results (the total outcome minus the costs). The total outcome was either higher or lower than the costs (i.e., the enterprise resulted in a net profit or a net loss). The results indicate that fairness judgments are affected by the target of distribution. Negative outcomes are distributed differently than positive outcomes, and within the domain of negative outcomes, marked differences are observed between costs and net losses. The results are explained in terms of the differential salience of the distribution of the net result.     

打击报复证人罪若干问题新解

打击报复证人罪应当被定义为:是指对在诉讼中提供于己不利证言的证人实施侵害其合法权益的行为。本罪中所言“证人”,不应仅限于刑事案件中的证人;本罪中的“证人”与诉讼法相关条文中规定的“证人”的含义是一致的,举报人并不必然属于证人;本罪的行为基本方式包括不作为;本罪发生的时间段是诉讼活动开始以后的任何时间;本罪的罪过形式是直接故意。在本罪的认定上,应当注意本罪与报复陷害罪、妨害作证罪之区分,并正确处理本罪的罪数问题。     

Judges,Litigants, and the Design of Courts

Two important perspectives on courts highlight fundamentally different elements of adjudication and yield distinct predictions about judicial outcomes. The Attitudinal Model of judicial voting posits judge ideology as a strong predictor of court outcomes. Alternatively, the Law and Economics perspective focuses on the settlement behavior of litigants and reasons that while judges may vote ideologically, litigants adapt to these ideological proclivities, nullifying the effect of judge ideology. This analysis focuses on reconciling expectations about the effects of judge ideology and litigant strategies by examining their contingent nature and the conditioning effects of institutional design. The analysis examines state supreme courts from 1995–1998 to identify empirical evidence supporting both perspectives. While some state supreme courts have discretionary dockets allowing judges greater opportunities to exercise their ideology, others lack discretionary docket control, making dockets and outcomes largely litigant driven. Support for each perspective largely hinges on this fundamental feature of institutional design.