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目的 探讨司法鉴定中精神发育迟滞 (MR)患者辨认能力的影响因素。方法 对 86例MR司法鉴定资料进行判别分析 ,选出影响辨认能力的判别因子 ,并建立判别方程 ,进行组内回代检验。结果 经判别分析 ,有 5个因素被选入 :个性特征、诊断分组、是否伴有癫痫及其他精神病性症状、作案类型、作案动机 ,组内回代检验不同程度辨认能力的判断正确率分别为 :有完全辨认能力 93 8%、有部分辨认能力73 4 %、无辨认能力 1 0 0 %,总判断正确率为 89 0 %。结论 MR患者作案时辨认能力受多种因素的影响 ,否认了“单纯以诊断分级判断辨认能力”的观点。  相似文献   

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李沛英 《证据科学》2000,7(3):109-111
目的 探讨司法鉴定中精神发育迟滞(MR)患者辨认能力的影响因素。方法 对86例MR司法鉴定资料进行判别分析,影响辨认能力的判别因子,并建立判别方程进行组内回代检验。结果 经判别分析,有5个因素被选入;个性特性、诊断分组、是否伴有癫痫及其他精神病性症状、作案类型、作案动机,组内回代检验不同程度辨认能力的判断正确率分别为:有完全辨认能力93.8%、有部分辨认能力73.4%、无辨认能力100%,总判断正  相似文献   

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In this Policy Essay, Representative Patrick Kennedy argues that insurance discrimination against those suffering from mental illness constitutes a serious and often overlooked deficiency of the modern American health care system. While the Mental Health Parity Act of 1996 was an important step toward resolutions of this issue, many loopholes remain that allow insurance companies to deny much-needed coverage to those suffering from such illnesses. This Essay details how improving access to health insurance for the mentally ill is not only socially beneficial, but also economically sound; the cost of instituting mental health parity is far outweighed by the costs that employers bear because of the reduced productivity of untreated mental illness sufferers. Representative Kennedy recommends that these problems may be addressed by additional mental health policy legislation--specifically, the proposed Paul Wellstone Act.  相似文献   

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This study describes past-year prevalence and effects on mental health and drinking outcomes for harassment and discrimination in the workplace (HDW) in a nationally representative random digit dial phone survey conducted in 2003-2004 (n = 2,151). HDW measures included experiences and perceptions of sexual harassment (SH) and generalized workplace harassment (GWH), and perceived harassment or discrimination because of race or ethnicity. Prevalence was examined by sex, race, age, occupation, marital status, and education. Effects of HDW were assessed controlling for demo-graphics and job and life stressors. Experiencing multiple types of HDW was common. SH was more prevalent among women, and Blacks and those of other or mixed race or ethnicity experienced the highest levels of HDW overall. HDW variables explained additional variance in problem drinking and mental health beyond life and job stressors, particularly for women. This study demonstrates that HDW is a prevalent problem associated with poor mental health and problem drinking in the U.S. workforce.  相似文献   

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ABSTRACT

This article examines the legitimization and institutionalization of ‘parental alienation’ discourse in the Province of Quebec, Canada. It draws upon an analysis of 31 documents (legislation, research reports and articles, training documents, professional documents and media articles) and interviews with 13 key informants, who were selected based on their knowledge of ‘parental alienation’ in research, policies or practices. The research findings reveal that the legitimization and institutionalization of ‘parental alienation’ discourse is a more recent process than in other provinces and countries, but that it has now permeated child custody as well as child protection proceedings. Academic researchers and media have been instrumental in this legitimization and institutionalization process, while the role played by changes to child protection policies is more ambiguous. The findings reveal researchers’ and experts’ tendency to distance themselves from Gardner’s controversial work on ‘parental alienation syndrome’ and to address the critiques by proposing new approaches and new concepts. However, the terms ‘parental alienation syndrome’, ‘parental alienation’ and ‘alienating behaviours’ are often used interchangeably, and assessment practices tend to rely on similar indicators.  相似文献   

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The sudden and unexpected incorporation of white-collar crime as a top investigative priority of the U.S. Justice Department of the 1970s is the focus of this inquiry. This pursuit of white-collar crime is especially problematic for instrumentalist and structuralist variants of conflict theory, which generally view the origins of law in terms of the interests of a ruling or capitalist class. This apparent contradiction between official concern for white-collar crime and instrumentalist and structuralist theories of law creation is examined in the context of the discovery of white-collar crime by the Justice Department. It is noted that in the process of operationalizing white-collar crime, the Justice Department transformed the traditional (Sutherland) definition of white-collar crime so that targeted offenders are not limited to the economic and political elite, but instead are drawn from all social classes. This modification of the definition has far-reaching implications for assessing the nature of the Justice Department's response to the problem of elite crime and provides insight into the ongoing theoretical debate on the origins of law.  相似文献   

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目的研究强奸精神发育迟滞女性的强奸犯与强奸正常女性的强奸犯在智力水平与结构方面的差异。方法前者33例,后者32例,采用WAIS—RC评估其智力水平与结构。结果两组在总体智商、言语智商、操作智商方面均有显著性差异。11项分测验中数字广度、木块、图片3项在两组间无显著性差异,其余8项均有显著差异。结论强奸精神发育迟滞女性的强奸犯与智力低下有关,他们在智力结构方面也存在着异常。  相似文献   

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Recent research has indicated that the prevalence of mental disorders is estimated to be higher among Blacks than among Whites, most likely due to the nexus of race and socioeconomic disparity. Blacks are under-represented in in-patient populations and more likely than Whites to use the emergency rooms for mental health treatment. Numerous studies confirm that Blacks drop out of mental health services at a significantly higher rate than Whites and use fewer treatment sessions for mental health issues. Furthermore, Blacks enter mental health treatment at a later, more advanced stage than Whites, under-consume community mental health services of all kinds, are misdiagnosed more often than Whites, and are more often diagnosed with a severe mental illness than Whites. People from diverse ethnic backgrounds often are prevented from receiving adequate mental health treatment due to misdiagnoses and lack of access to the services they need. Factors contributing to this disparity include a general mistrust of medical health professionals, cultural barriers, co-occurring disorders, socioeconomic factors, and primary reliance on family and the religious community during times of distress. Unfortunately, the traditional institutions of racialized research largely ignore the disparate social and political exposures confronting people of color, such as residential and occupational segregation, racial profiling, tokenism, discrimination, racism, and the consequential physiological and psychological effects flowing from the macro and micro effects of such interactions and intersectionalities. This article explores these issues and proposes civil law legal frameworks for addressing these disparities. In particular, it is suggested that renewed consideration be made of the Thin-skull and Eggshell doctrines in the United States and comparable traditional international doctrine.  相似文献   

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Currently, a conjunction of policy, legislative change in health and social care and the criminal justice system, combined with funding for innovative services make it opportune to assess the evidence base for interventions with women offenders. Women offenders have a distinctive criminological, health and social profile and a gender specific approach to their difficulties is advocated. This systematic review and meta-analysis focus on mental health gain in adult women offenders in forensic health settings, criminal justice institutions and in the community, following therapeutic interventions. Interventions were assessed in terms of specific outcome measures of depression, trauma symptomatology and global mental health status. Comprehensive search strategies yielded 3018 articles, from which we obtained 199 full text articles. Seventeen articles were included in the final review, of which six were excluded from the meta-analysis as there was no comparator group. There is a modest, but increasing, body of evidence for the utility of some interventions, notably those addressing the consequences of earlier trauma, including interventions which also address comorbid substance misuse. This does not amount, to date, to a robust evidence base. Limitations of these studies are discussed and include small sample sizes, their restriction mainly to prison populations and that they were substantially undertaken in the US. Variations in outcome measures follow-up and the difficulties inherent in measuring change in this complex population are also detailed. However, the review delineates definite avenues for further work. To achieve this, those responsible for policy, practice and purchase of services should both be mindful of existing evidence and promote additional, high quality research into interventions which are designed around a coherent, theoretical approach.  相似文献   

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目的研究强奸精神发育迟滞女性的强奸犯与强奸正常女性的强奸犯在智力水平与结构方面的差异.方法前者33例,后者32例,采用WAIS-RC评估其智力水平与结构.结果两组在总体智商、言语智商、操作智商方面均有显著性差异.11项分测验中数字广度、木块、图片3项在两组间无显著性差异,其余8项均有显著差异.结论强奸精神发育迟滞女性的强奸犯与智力低下有关,他们在智力结构方面也存在着异常.  相似文献   

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On the background of the increasing amount of discriminatory challenges facing artificial intelligence applications, this paper examines the requirements that are needed to comply with European non-discrimination law to prevent discrimination in the automated online job advertising business. This paper explains under which circumstance the automated targeting of job advertisements can amount to direct or indirect discrimination. The paper concludes with technical recommendations to dismantle the dangers of automated job advertising. Various options like influencing the pre-processing of big data and altering the algorithmic models are evaluated. This paper also examines the possibilities of using techniques like data mining and machine learning to actively battle direct and indirect discrimination. The European non-discrimination directives 2000/43/EC, 2000/78/EC, and 2006/54/EC which prohibit direct and indirect discrimination in the field of employment on the grounds of race or ethnic origin, sex, sexual orientation, religious belief, age and disability are used as a legal framework.  相似文献   

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司法精神病学案例鉴定结论,主要包括被鉴定人的疾病诊断,做案过程中的精神状态和法律能力。然而,在某些涉及女精神病人性关系鉴定案例中,仅作出上述鉴定结论似乎不足以向法院提供充分的专家意见。为此,我们列举一个十余年前的案例,予以说明。某女,27岁,初中文化,离婚,原为舞蹈演员。从19岁起间歇出现追逐异性、情绪高涨和兴奋话多等症状,曾因此六次分别在四家精神病院住院治疗,每次都诊断为躁狂症。每次发病都有追逐异性的症状,甚至对父亲也说一些乱伦的话。84年10月,她从精神病院出院后不久就拒绝服药,不听父母劝告,到处游…  相似文献   

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司法精神病学案例鉴定结论,主要包括被鉴定人的疾病诊断,做案过程中的精神状态和法律能力.然而,在某些涉及女精神病人性关系鉴定案例中,仅作出上述鉴定结论似乎不足以向法院提供充分的专家意见.为此,我们列举一个十余年前的案例,予以说明. 某女,27岁,初中文化,离婚,原为舞蹈演员.从19岁起间歇出现追逐异性、情绪高涨和兴奋话多等症状,曾因此六次分别在四家精神病院住院治疗,每次都诊断为躁狂症.每次发病都有追逐异性的症状,甚至对父亲也说一些乱伦的话.84年10月,她从精神病院出院后不久就拒绝服药,不听父母劝告,到处游荡.11月某夜,她着淡装到舞场,与比自己年轻的陈某、杜某相识.当晚,陈某骑自行车带某女回家,途中某女逃逗陈,并主动要求同宿,当晚两人在陈家同宿.二天后,陈某约某女到杜家,某女主动为他们表演裸体舞,并先后与两人发生性交.以后,陈、杜不再与某女有任何交往.  相似文献   

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