Promoting Stability for Youth Returning from Residential Care: Attorney Perspectives

Aftercare services have been suggested to improve reintegration for youth departing residential care programs. The purpose of this study was to collect views from legal professionals about the challenges youth and families face during reintegration and solutions to improve stability. Views were collected from 14 legal professionals (e.g., guardian ad litem, legal counsel) through a survey and 90‐minute nominal group technique focus group. Results indicated parent expectations about re‐entry and lack of services, supports and resources were challenges. Solutions suggested by participants included family, mental health and educational supports, and transition planning. Study limitations and future implications are discussed.     

Outcomes in a low secure unit: pre-admission and post-discharge comparisons

Empirical research seldom reports on clinical outcomes within low secure services. By comparing outcome measures prior to admission and following discharge this study aimed to investigate the care pathways of patients admitted to a low secure unit (LSU). The study was conducted in an LSU and consisted of 70 patients (54 male, 16 female). Data were collected retrospectively and analysed in relation to placement security (upon admission and discharge) and admissions to hospital. Results revealed that admissions to hospital and time spent in hospital decreased post-discharge in comparison with pre-admission. Forensic patients were found to have fewer admissions than civil patients prior to LSU admission. Some differences were also observed within gender and Mental Health Act (MHA) section status for placement security. The findings demonstrated that following treatment in a LSU, care pathways may be less restrictive than prior to admission. Further, more robust research on the outcomes of LSUs is required.     

Caregiving and quality of life

ABSTRACT

The increase in life expectancy for adults with learning disabilities has extended the caring role for their parents. This study examined the experiences of older parents who provide long-term care for their adult children with learning disabilities and how they conceptualise their quality of life. Data were collected using semi-structured interviews with 27 older parent carers from four London boroughs and were analysed using framework technique. Findings indicate that most parents appraised their quality of life positively and reported benefits, despite the challenges they had to negotiate daily. The benefits from caregiving, more so in later life, were: a connected family from shared caregiving; a sense of belonging; purposeful living; a reciprocal relationship with their adult children; and personal transformations from providing care that improved their quality of life. The challenges that participants regularly encountered were: multiple losses (sleep, career, identity and friends); the added stress of the government’s Personalisation Agenda of caring services; struggles for access to services; searching for a diagnosis; worry about future care and fear of abuse when carers are unable to continue in their role; unhelpful attitudes of health and social care professionals; and a lack of empathy from friends as well as the public towards people with learning disabilities. Caregiving and quality of life are inextricably linked and the difficulties that parents experienced were mainly associated with socio-structural barriers, rather than their children’s disabilities. Importantly, the findings inform the practice of social workers and others who support this unique group of carers by providing new insights into how caring impacts on quality of life over time and how best these parents’ needs can be met. This study makes a specific contribution to understanding the lived realities of older carers and extends current conceptualisations of caregiving and quality of life among older people.     

Measuring the subjective perceptions of risks and rewards of Chinese juvenile thieves

Offenders’ readiness to engage in changes that will reduce their risk of reoffending is now recognized to be as important as the design and delivery of programmes that support such change. Interest is growing in both how to increase engagement in change processes, and how to measure any improvements in engagement. This study evaluated the effects of a brief offending-focused motivational interviewing (MI) intervention on reconviction in male prisoners serving sentences for diverse crimes. Men who undertook MI were significantly less likely to be reconvicted than those who did not. The results also served to validate a stage-based measure of readiness to change derived from Prochaska and DiClemente's Transtheoretical Model. Prisoners who were offered MI increased their readiness to change by an average of one stage, while the scores of men who were not remained unchanged. Furthermore – whether men undertook MI or not – change in stage of change predicted reconviction. This was a high-risk sample, making the results intriguing for at least two reasons. First, reductions in recidivism are usually achieved only with much more intensive programmes for high-risk men. Second, according to ‘traditional’ cognitive–behavioural rehabilitation theory, programmes need to target change in dynamic risk factors directly to reduce reconviction risk. That these results were obtained with men whose initial motivation was low, and in the absence of any ‘traditional’ criminogenic rehabilitation, raises questions about whether there is more than one mechanism involved in desistance.     

Examining general strain: Using subjective and objective measures of academic strain to predict delinquency

General Strain Theory (GST) places importance on the experience of negative emotional states resulting from exposure to stressful and/or negative events. Subsequent research has suggested that identifying strain might be contingent upon the use of objective or subjective measures of strain, and that the types of delinquent outcomes assessed might mediate the significance of the findings. Using a sample of nontraditional high school students, this study examines whether objective or subjective measures of academic strain will explain involvement in both substance use (e.g., alcohol, tobacco, and other drugs) or delinquent offending. We conclude with results and policy implications.     

Quality of low secure services in the UK: development and use of the Quality of Environment In Low Secure Services (QELS) checklist

Low secure services provide care for psychiatric patients whose risk cannot be safely managed in other settings. The physical environment in these units plays an important role in supporting recovery and risk management. We developed the Quality of Environment in Low secure Services (QELS) checklist to assess the quality of the physical environment of these services. Using recommendations from previously published standards we piloted a draft checklist with a weighted scoring system reflecting the views of patients and providers. The checklist showed good criterion validity and inter-rater reliability. Data collected from 33 low secure services showed considerable variation in the quality of the physical environment. The QELS checklist provides an accessible and reliable means for managers and clinicians to assess whether the quality of the physical environment of low secure units meets recommended standards and can be used to support efforts to improve the quality of care delivered by these services.     

论雇主的保护照顾义务

雇主的保护照顾义务在我国学界未受到足够的重视,世界各国对其性质也有不同的认识,本文在梳理其各种认识的同时,分析了赋予雇主保护照顾义务的法理依据,阐述了雇主保护照顾义务的内容及违反义务的损害赔偿责任。     

个人健康医疗信息和隐私权保护

Personal health care and medical treatment information are both personal information which can be used as a sign to identify each individual. Such information shall be under the control of the owner. The comprehensiveness of personal health care and medical treatment information makes it more valuable than the simplex personal information. The controlling right of personal health care and medical treatment information is irretrievable once deprived. The rights of controlling, managing and using regarding personal health care and medical treatment information can be separated appropriately. The right of privacy is an independent personality right. For the protection of public interests, the right of personal privacy shall be appropriately limited. Meanwhile, the government shall be responsible for the protection of personal health care and medical treatment information. Tang Xiaotian is a professor and supervisor in charge of the development and planning division of Shanghai University of Political Science and Law, and deputy General Secretary-in-chief of the Society of Law of Shanghai, whose main studies is focused on victim science, criminal law and criminology. Till now, he has 8 monographs and over 90 articles published in academic journals.     

The reliability and validity of self,peer and staff reports of bullying and victimisation in correctional and care institutions

Abstract

Connell and Farrington (1997) carried out the first study of the reliability and validity of reports of bullying and victimisation in correctional institutions, using individual interviews. The present research describes the second study on this topic using questionnaire measures of self, peer and staff reports of bullying and victimisation in one Children's Home (N=16 residents, 15 peers, 6 staff, making up to 1440 comparisons) and one Correctional Home (N=19 residents, 18 peers, 6 staff, making up to 2052 comparisons) in Croatia. The present study improved on the Connell and Farrington study by examining the test–retest stability of the questionnaire and using relative improvement over chance coefficients in assessing inter-rater reliability. Unlike in the Connell and Farrington study, self-reports of bullying and victimisation were collected in small groups rather than in individual interviews. Generally, there was significant agreement between residents, peers and staff in identifying bullies and victims, and the test–retest stability of the questionnaire was high. In line with the findings of Connell and Farrington, it is concluded that self-reports provide the most reliable and valid data about bullying amongst institutionalised youth.     

Assessing Stability and Change in Criminal Offending: A Comparison of Random Effects, Semiparametric, and Fixed Effects Modeling Strategies

An important theoretical problem for criminologists is an explanation forthe robust positive correlation between prior and future criminaloffending. Nagin and Paternoster (1991) have suggested that the correlationcould be due to time-stable population differences in the underlyingproneness to commit crimes (population heterogeneity) and/or thecriminogenic effect that crime has on social bonds, conventionalattachments, and the like (state dependence). Because of data andmeasurement limitations, the disentangling of population heterogeneityand state dependence requires that researchers control for unmeasuredpersistent heterogeneity. Frequently, random effects probit models havebeen employed, which, while user-friendly, make a strong parametricassumption that the unobserved heterogeneity in the population follows anormal distribution. Although semiparametric alternatives to the randomeffects probit model have recently appeared in the literature to avoid thisproblem, in this paper we return to reconsider the fully parametric model. Viasimulation evidence, we first show that the random effects probit modelproduces biased estimates as the departure of heterogeneity from normalitybecomes more substantial. Using the 1958 Philadelphia cohort data, we thencompare the results from a random effects probit model with a semiparametricprobit model and a fixed effects logit model that makes no assumptions aboutthe distribution of unobserved heterogeneity. We found that with this dataset all three models converged on the same substantive result—evenafter controlling for unobserved persistent heterogeneity, with models thattreat the unobserved heterogeneity very differently, prior conduct had apronounced effect on subsequent offending. These results are inconsistentwith a model that attributes all of the positive correlation between priorand future offending to differences in criminal propensity. Sinceresearchers will often be completely blind with respect to the tenabilityof the normality assumption, we conclude that different estimationstrategies should be brought to bear on the data.     

Analysing the sexual abuse of children by workers in residential care homes: Characteristics,dynamics and contributory factors

Abstract

This article analyses why workcrkhild s m l abuse occurs in residential children's homes. The importance of previously documented features, such as inadequate complaints and whistle blowing procedures, and poor vetting, training and supervision of stafi arc acknowledged. This exposition, however, concentrates on the tactics abusers employ to groom, entrap and silence children, whilst simultaneously controlling and silencing non-abusive staff. The success of these tactics is then contatualised within notions ojwebcrian rational-legal bureaucratic and charismatic power. as well as the location ofsomeabusers within entrenched pedophilenetworks. Contributory jactors, such as the enclosed and institutionaliscd nature of many settings and the inadequate, gendcrcd and haophobic manner in which stafloften deal with both sexuality and sexual abuse issues are also m i n e d and analyscd, as arc children's own gendcred prc-conceptions. Important theoretical constructions utiliscd include Goffman's theory of 'total institutions', the social construction ofchildhood, includingchitdhoodasdity and the concept of'organisation sexuality'.     

中国法治秩序建构理论的反思与重构--以日常生活批判理论为视角

本文运用日常生活批判理论对当代中国法治秩序建构理论进行了反思,认为当前法治秩序建构理论的致命弱点在于主体维度的缺失;法治秩序建构的本质在于由传统的日常生活世界向非日常生活世界跃迁;当代日常生活作为传统法律文化的寓所对于法治秩序的建构形成巨大的阻滞与消解因素;日常生活批判对于法治秩序的建构具有根基性价值.进而提出重构当代法治秩序建构理论的设想,即建构一套以国家(政府)为动力,以社会为基础,以日常生活批判和深层文化启蒙为主体维度的国家·社会·日常生活批判三位一体的新的法治秩序建构理论.     

湛江市农村地区社会稳定和治安问题研究

湛江市位于我国大陆的最南端,农村面积大,农业人口多,农村的社会秩序和治安状况对全市治安稳定至关重要。湛江农村最为突出的问题是黑恶势力犯罪、涉枪案件、涉毒涉赌、征地拆迁补偿、土地权属纠纷和修路以及民风民俗活动引发的群体性事件、精神病人作案和交通事故引发的事件等7方面。影响湛江市农村地区社会稳定和治安秩序问题的成因主要有：经济社会发展失衡;基层政权组织软弱涣散;一些历史遗留问题积重难返;黑恶势力坐大成势,打击难度大;农村派出所力量薄弱和精神文明建设滞后,群众素质低等。解决湛江农村地区的社会稳定和治安问题,根本出路在于不断深化经济社会改革,推进农村精神文明建设和物质文明建设。而当务之急,必须明确维护稳定和治安秩序的责任制,加强基层政府和群众自治性组织建设,大力开展整治活动,不断提高农村社会管理能力和水平,这样才能使湛江农村地区逐步走向有序。     

房地产契证制度与清末社会稳定——以南京地区房地产契证为范例的分析

房地产契证制度是中国一项传统的房地产法律规范制度，至清末已发展得相当完善。房地产契证不仅记录房地产交易的具体内容，记载政府的法律规制情况和对房地产的实际管理状况，也反映了社会的发展状况。在清末社会的动荡变革中，财产关系相对稳定，房地产交易能够正常进行，社会生活得以正常延续，一定程度上得益于房地产契证制度在保障交易安全、维护财产秩序方面的作用。通过颇具特色的清末南京地区房地产契证制度，研究清代房地产契证与房地产法律规制的实际作用，研究清末完善的契证制度在保护个人财产、维护产权人的合法权益、稳定基层管理秩序、保护基层社会老百姓的生存权利方面所发挥的积极作用。     

从首都高校控烟实践看北京市政府卫生行政职能的转变

在我国，大学生吸烟状况尤为严重，吸烟普遍无人劝阻，而他们作为未来中国的建设精英，控烟势在必行；北京市自1996年就提出争创无烟学校的口号，政府相关部门对高校控烟问题予以高度重视，并在控烟政策实施过程中加大对社会活动的卫生行政监督管理的力度等，高校控烟活动能否成功，关键就在于政府卫生行政职能的转变。本文通过调查和研究在京高校控烟政策的实施，探讨政府卫生行政职能的转变，具有相应的理论和实践意义。     

我国农村教育政策30年的演进与变迁

改革开放30年来，我国农村教育的发展与农村教育政策的调整与变革相联系。30年农村教育政策的演进与变迁大体经历了三个阶段，有其自身的演进路向和变迁途径。1978—1984年，农村教育的政策重心是：恢复教学秩序，普及小学教育，改善教育结构的单一化和发展农民教育；1985--2002年，农村教育以改革基础教育的管理体制，有步骤地实施九年制义务教育和加强改革农村教育结构为重要政策指向；2003年以来，在落实科学发展观和建设社会主义新农村的背景中，农村教育政策有着新的调整与变革。30年农村教育发展的实践，既彰显着教育政策的积极功能与成效，也留下了值得反思的政策问题。     

Globalization and regulatory change: The interplay of laws and technologies in E-commerce in Southeast Asia

Electronic commerce has brought about business and technological changes globally, and these global changes have given rise to major legal reforms across nations. In the fast-changing global digital economy, states need strategies to maintain competitiveness of their markets while simultaneously ensuring the secure and effective use of technologies involved in conducting electronic transactions. This paper examines how the use and recognition of electronic signatures are regulated in Southeast Asia – the region that has shown the most significant growth in global e-commerce in past few years. Based on a comparative analysis of the laws of four representative ASEAN member states – namely Singapore, Thailand, Malaysia, and Vietnam, this paper argues that there is a regional trend towards adopting more liberal and technology-neutral standards for electronic signatures. Electronic signature regulation in Southeast Asia is now built upon limited technological neutrality (or the so-called “two-tiered” approach) as a shared regulatory understanding, but this approach is operationalized differently in each state due to distinctive national contexts. Within the common legal framework, each state has developed its own system of control and management with respect to higher-level signatures (using advanced technologies). The principle of technological neutrality, a concept originally developed for the regulation of technologies in response to the liberalization of telecommunications market, has been the central theme of discussions on the e-transactions policy-making scene. As the author shows, in the process through which states localize the global standards of technological neutrality, ASEAN as a vehicle of regulatory change has played an essential role in translating this principle to the national context.     

Benford's Law for Quality Assurance of Manner of Death Counts in Small and Large Databases

To assess if Benford's law, a mathematical law used for quality assurance in accounting, can be applied as a quality assurance measure for the manner of death determination. We examined a regional forensic pathology service's monthly manner of death counts (N = 2352) from 2011 to 2013, and provincial monthly and weekly death counts from 2009 to 2013 (N = 81,831). We tested whether each dataset's leading digit followed Benford's law via the chi‐square test. For each database, we assessed whether number 1 was the most common leading digit. The manner of death counts first digit followed Benford's law in all the three datasets. Two of the three datasets had 1 as the most frequent leading digit. The manner of death data in this study showed qualities consistent with Benford's law. The law has potential as a quality assurance metric in the manner of death determination for both small and large databases.     

入世后关于我国行政审批制度改革的探讨

行政审批制度的改革需要来自制度本身的内部调整完善和外部环境的协调配合,在内外机制变革的有机结合下,我们应力求实现改革的市场化、科学化和法治化,全面地应对入世的挑战。