The Mad Heir Apparent and the Spanish Succession: The Fate of the Infante Don Carlos

In twentieth-century Britain, the monarch no longer exercises governmental power directly, and a monarch’s incapability creates rather different issues and problems than in periods when kings ruled as well as reigned. How was a situation such as that of disabled heir apparent, or a monarch who became physically or mentally incapable while reigning, dealt with when monarchs ruled directly? This article considers some examples of monarchs in the past who were physically or mentally disabled on accession or became so while reigning, and heirs apparent who were set aside by reason of disability. It reflects upon constitutional solutions and political actions taken and how these were presented according to the ideas of the time.     

Tort Responsibility of Mentally Disabled Persons

The standard of care to be applied in tort cases involving mentally disabled people has not been reconsidered in recent years. Traditional rationales for the "objective" standard are less persuasive in the context of current legal approaches to the rights of mentally ill and retarded persons. Analogies to children (especially the concept of "mental age") and to physically handicapped adults merit reexamination.     

Fatal complications of intramuscular and intra-articular injections

Four fatalities related to intramuscular and intra-articular injections are reported. In two of these cases a Staphylococcus aureus sepsis developed, as a consequence of injections into the left hip joint in one and in the lateral upper quadrant of the gluteal region in the other. The intra-articular injection of triamcinolone produced severe pain, but no marked signs of purulent arthritis were seen at autopsy, probably because of the anti-inflammatory effect of the corticosteroid. A cutaneous infection was seen in the gluteal region of the other patient, but no apparent abscess formation. In another case of intra-articular injection, purulent knee joint arthritis developed after an injection of glucosaminoglycan. The patient died of renal insufficiency, which was probably connected with the treatment of the arthritis with tobramycin and cefuroxim. The fourth case was that of a mentally ill patient who suffered sudden cardiac arrest after an intramuscular injection of chlorpromazine, but with no apparent signs of an anaphylactic reaction. It is suggested that vasodilatation and drop in blood pressure caused by the chlorpromazine could have had some effect, while cardiotoxicity of other psychotropic drugs with which he had been treated cannot be ruled out.     

The incompetent developmentally disabled person's right of self-determination: right-to-die, sterilization and institutionalization

The developmentally disabled, specifically those mentally incompetent from birth, are entitled to a full panoply of constitutional rights and protections. These rights include the right to terminate life-sustaining treatment, the right of procreative integrity and the right not to be involuntarily institutionalized. However, the mentally incompetent developmentally disabled are generally unable to exercise these rights. This Note asserts first that proper procedural safeguards are necessary to guarantee the exercise of these constitutional rights by the incompetent disabled individual. Second, the Note focuses upon how best to preserve the disabled person's autonomy. The Note subsequently rejects the substituted judgment standard as a legal fiction, and endorses the best interest test which necessarily comports with the evidence, and properly accounts for the disabled person's incompetency.     

精神障碍者民事行为能力评定量表研制

目的制定精神障碍者民事行为能力评定量表,并探讨其在司法精神病鉴定中的适用性。方法将民事行为能力的考量指标进行细化,经讨论、咨询专家后确定量表条目,按照评定逻辑顺序排列并完成操作手册,形成评定量表。在四家司法鉴定机构试用量表。结果精神障碍者民事行为能力评定量表共有14个条目。共纳入202例样本,根据专家意见划分为完全、限制和无民事行为能力3组。3组量表总分分别为2.32±2.45、11.62±4.01、25.02±3.90,两两得分差异均具有统计学意义。全量表Cronbachα为0.9724,分半信度检验中两分半量表间具有较高的相关系数(r=0.9729,P=0.000);各条目与总分的Spearman相关系数在0.643～0.882(P=0.000)。量表得分结论与专家意见的分组结论一致性较高(κ=0.841,P=0.000)。7个因子被有效纳入判别方程,92.6%的样本回代划分正确。结论精神障碍者民事行为能力评定量表具有良好的信度和效度,能对精神障碍者的民事行为能力进行有效分类。     

论先秦法家的价值体系

法家的政治理论,包括法、术、势三大方面。商鞅重＂法＂,申不害重＂术＂,慎到重＂势＂,韩非作了批判总结,提出了君、势、法、术相结合的系统理论。势,指君主的权势、权力;法,指由君主统一公布施行的法律、法令;术,指君主的统治术。三者虽有各自相对独立的价值,但＂皆帝王之具也＂,都是君主权力的表现,也是维护君主权力的工具。在法家的价值体系中,＂君主＂是＂神圣＂的化身,＂权势＂是＂胜众＂的资本,＂法制＂是治世的法宝,＂术数＂是御臣的工具。君主处于最高的价值层次,居于主体地位,而作为＂帝王之具＂的势、法、术则属于较低的价值层次。或者说,君主是＂目的性＂价值,势、法、术是＂工具性＂价值。法家价值体系的逻辑结构为：君←势（权）←法←术。     

Incestuous paternity detected by STR-typing of chorionic villi isolated from archival formalin-fixed paraffin-embedded abortion material using laser microdissection

Microscopic examination of a blood clot expelled by a physically and mentally disabled woman taken to the emergency room because of genital bleeding revealed the presence of chorionic villi encircled by decidua, hemorrhage, and necrosis. In order to identify the father of the product of conception, sections of formalin-fixed, paraffin-embedded abortion material were subjected to laser microdissection: DNA extraction from chorionic villi selectively isolated from the surrounding tissues allowed successful STR-typing of fetal cells, which was otherwise prevented by excess maternal DNA. The large number of homozygous genotypes in the fetal profile suggested incestuous paternity. Analysis of reference DNA samples from male relatives excluded the woman's father, paternal grandfather, and maternal grandfather, whereas the obligate paternal alleles of the fetus were constantly present in the genotypes of the woman's brother, clearly demonstrating brother-sister incest (probability of paternity > 99.99999%).     

英美两国对精神病人刑事责任能力评判的演变

司法精神病学是法学的一个分支学科,其诞生和演变与法学的主旋律始终保持一致。精神障碍者刑事责任能力问题是司法精神病学的主要构成部分,英国1843年的麦克·纳顿条例是专门就精神障碍者刑事责任能力问题的法律规定,它对英美法系和大陆法系国家的相关立法都产生了巨大深远的影响。美国最近20多年处理违法精神病人的法律改革对现代诸国的司法精神病学完善具有相当大的影响力,所以研究英美两个国家这一方面的司法精神病学的历史和现状对推动我国司法精神病学的进步意义重大。     

提高执政能力的关键在于遏制腐败

提起腐败,广人民群众无不切齿痛恨,义愤填膺。腐败影响到国家的政治、精神甚至物质等各项文明的发展。因此,腐败程度如何,是一个综合性的执政绩效指标。如果不能成功遏制腐败,就肯定不能说执政绩效是好的,就意味着执政能力存在缺陷,也就谈不上如何加强和提高执政能力。     

The descriptive epidemiology of unnatural deaths in Oregon's state institutions: a 25-year (1963-1987) study. I. A preliminary analysis of recent incidence rates of suicide in mental and correctional facilities

This paper presents for the first time the annual suicide incidence rates of residents from four Oregon state institutions for a 5-year (1983-1987) period of time. The suicide rate for inmate-patients of the Forensic Psychiatric Program (for the care and treatment of individuals who have been found guilty of serious crime and to be mentally ill) is 820/100,000. This represents a suicide rate 51 times higher than the rate for Marion County or the state of Oregon. This is also one of the highest annual suicide rates ever reported. The suicide rate for patients of the Oregon State Hospital is 289/100,000, which is similar to other reported suicide rates in hospitalized mentally ill populations. This rate is approximately 18 times higher than the rate for Marion County or the state of Oregon. The suicide rate for inmates of Oregon's four correctional institutions is approximately 29/100,000, which is similar to other reported rates for prisoners. This rate is approximately 1.8 times higher than the rate for Marion County or the state of Oregon. The suicide rate for residents of the Fairview Training Center (for care of the mentally retarded and developmentally disabled) is zero.     

The incidence of learning disabilities and mental retardation in youth under the jurisdiction of the juvenile court

The incidence rate of learning disabled and mentally retarded youth among three groups of youth under the jurisdiction of the juvenile court is examined. These three groups are institutionalized delinquents, nonconfined delinquents, and status offenders. The chi-square statistic indicated no significant differences (p > .05) with respect to the presence of either learning disabilities or mental retardation among the three groups.     

The violence relapse process – a qualitative analysis of high-risk situations and risk communication in mentally disordered offenders

Abstract

Approximately 45% of mentally disordered offenders relapse into violence. Although much is known about factors related to the risk of future violence, the violence relapse process is still in many aspects an unexplored area. The aim of this study was to increase the knowledge of the recidivism process and risk communication of the repeatingly violent mentally disordered offender. A qualitative study using open-ended, semi-structured interviews was conducted with 14 mentally disordered offenders who had relapsed into violent behaviour. Important risk markers, pointed out by the informants, such as separations, drug problems, homelessness, and lack of sleep, were presented in a situational context. All but one of the informants were of the opinion that they directly or indirectly had communicated their violent intent or the experience of an intolerable situation. These results may help practitioners to target interventions and prevent further violence.     

Attitudes of people with disabilities toward physician-assisted suicide legislation: broadening the dialogue

This article presents the methods, findings, and implications of a participatory action research project that attempted to shed additional light on the debate over death with dignity (DWD) or physician-assisted suicide (PAS) legislation. In-depth, qualitative interviews with forty-five physically disabled residents of the San Francisco Bay Area, conducted by others with disabilities, revealed a wide breadth of opinions about and attitudes toward such legislation. For close to half of the participants, the desire for autonomy in making end-of-life decisions was a primary concern, yet fear that PAS legislation could violate this autonomy in various ways was a deep concern as well. Also reported were widespread accounts of disability-based discrimination and frequent expressions of fear about openly discussing positions that diverge from the official, publicly held opinions of disability leaders who oppose such legislation. The findings support those of a recent Harris poll demonstrating considerable diversity of opinion about PAS legislation among people with disabilities. The findings further suggest the need for additional research on the apparent disjunction between the diversity of attitudes held by those interviewed and the more unified position taken by many disability activists. Use of the study findings to promote greater dialogue within the community and to better position people with disabilities to take their place at the policy table also is discussed. In addition, the findings are seen as reinforcing the need for the public health community to become more engaged in this central ethical debate.     

Children's disability law: the more things change, the more they stay the same

The social security system insures both children and adults who are disabled. Over the years, the Social Security Administration and the courts have developed a number of tests to determine whether a child is eligible to receive social security benefits. In 1997, as part of its attempt to reform welfare, Congress laid out a new, arguably more restrictive standard that must be met before a child can be deemed "disabled." For all of the apparent changes, however, it is unclear how much the standards have changed in practice.     

Motives for maternal filicide: results from a study with female forensic patients

The objective of this study was to examine different motivational factors, leading mothers to commit neonaticidal, infanticidal or filicidal acts. This study was based on data gathered through a retrospective chart review of all filicidal women admitted to the Mid-Hudson Forensic Psychiatric Hospital in New York State (MHFPC) between 1976 and 2000 (n=57). Because our sample was drawn from MHFPC records it excludes filicidal mothers who went directly to prison. Our women were either found not competent to stand trial, or found not guilty by reason of insanity, or were convicted offenders who were seriously mentally ill and were not sent to prison. Fourteen percent committed neonaticide, meaning that they killed their child within the first day of its life; 21% killed the child after the first day but before it reached its first birthday (infanticide); and 65% committed filicide by murdering a child older than one. Two groups of women could be identified as having different motivational profiles: The neonaticidal mothers were mostly troubled by psychosis and social problems while the filicidal women were defined as severely depressed, with a history of self-directed violence and a high rate of suicide attempts following the filicidal offense.     

Mental health policy for the 1990s: tinkering in the interstices

That public policy has abysmally failed the chronically mentally ill seems beyond genuine dispute. Successive reforms have foundered on the familiar shoals of overblown expectations and insufficient resources. In this paper, we review current policies affecting the chronic and disabled mentally ill, and we consider some approaches to reform. We begin by trying to identify and characterize the chronically mentally ill and their disabilities. Next, we consider the chaotic patchwork of federal and state programs that has come to replace the asylum. We then criticize several competing models of reform that we believe fail to make an empathic connection with the mentally ill. Finally, we urge a strategy of limited reform consistent with available empirical data about program effectiveness and sensitive to the likely economic, political, and legal constraints of the 1990s.     

Accessibility to infrastructure and disability rights in Nigeria: an analysis of the potential of the discrimination against persons with disability (prohibition) act 2018

A viable way to establish a sense of inclusion for the physically challenged in Nigeria like elsewhere is to provide a sustainable infrastructural plan that integrates the utility concerns of the disabled. Overcoming the difficulties faced by people with disabilities requires interventions to remove environmental and social barriers. This paper examines the right of persons with disability to public vehicular and infrastructural use. It focuses on the recently enacted Discrimination against Persons with Disability (Prohibition) Act, 2018 as well as other international human rights instruments from which Nigeria derives her international obligations. It is observed that the Nigerian society is still unfriendly to the disabled as public infrastructure is constructed without considerations for the disabled.     

Transfer of DNA without contact from used clothing,pillowcases and towels by shaking agitation

DNA is frequently retrieved from commonly used objects or surfaces with no apparent biological stains. This DNA may have come from one or more individuals who directly deposited their DNA, or indirectly transferred the DNA of others, when physically contacting the sampled object or surface. Furthermore, contactless indirect DNA transfer of this ‘touch DNA’ from fabric substrates was recently demonstrated to be possible in a controlled laboratory environment. The circumstances and extent to which this form of contactless DNA transfer occurs are largely unknown. This study investigated indirect DNA transfer without contact by applying a gentle shaking agitation to used clothing, pillowcases and towels, with known usage and history, of 10 volunteers above the collection zone of the secondary surface. DNA transfer frequently occurred and was possible from all three investigated items. It occurred at levels that often produced informative profiles where transferred profiles closely resembled the profiles generated from the primary item. The outcomes of this study contribute to expanding the understanding of indirect DNA transfer without contact. However, this field would benefit from investigating a wider range of agitations and/or item types with various histories of use to determine the level of transfer and its detectability under different conditions.     

EEOC guidance on psychiatric disabilities: many problems, few workable solutions

The EEOC recently issued "Enforcement Guidance" on psychiatric disabilities under the Americans with Disabilities Act. Although the Guidance provides clarification of a few issues involving mental disabilities under the ADA, in most respects the Guidance is problematic. For example, the Guidance suggests that the inability to get along with a supervisor or coworkers may constitute a disability under the ADA, that an employer may have to "accommodate" a disabled employee's misconduct, that an employer cannot require an employee to follow doctor's orders as a condition of employment, and that an employer may be obligated to modify work rules and procedures to accommodate a mentally disabled employee but is prohibited from explaining to coworkers why it is making such modifications. As the EEOC's Guidance exceeds or conflicts with the ADA in some respects and is largely unworkable in many respects, it remains to be seen how many courts will actually follow it.     

精神障碍吸毒者刑事责任能力研究

随着毒品在我国的蔓延,吸毒的人数渐渐增多,精神障碍的吸毒者犯罪也开始引起相关部门的注意,对这一特殊犯罪人群能否比照精神病人来处理意见不统一。笔者介绍了其他诸国的相关法律规定,结合本国国情和相类似的法律规定,阐明了对精神障碍的吸毒者犯罪一般作完全刑事责任能力评定为最优的观点。