全球合作抗击新冠病毒蔓延的知识产权对策(上)

目前,全球正面临着新冠病毒肆虐引发的当代最大公共卫生危机的挑战。为了应对全球重大疫情,维护人类健康,保障人类福祉,各国政府、非政府机构、大学、科研院所、司法机构等近期就知识产权如何应对新冠病毒联手行动,纷纷出谋划策,制订并实施了一系列新举措,使知识产权成为抗击新冠病毒肺炎的一个有效法律工具。     

铁路食品安全风险管理体系构建与实施探讨(综述)

目的:利用风险管理与控制的基本原理,采取风险控制措施,确保铁路食品安全。方法:分析铁路食品安全管理中存在的风险因素,利用风险管理相关方面理论加以控制和消除。结果:通过查找铁路食品安全管理中存在的风险,分别在对内、对外、风险控制体系得出风险点位。结论:在新的形势下摸索出一条适应我国法律又符合自身管理要求的铁路食品安全特色模式,从而来确保铁路食品安全管理。     

The End of Innocence: Open Justice,Free Speech and Privacy in the Modern Constitution – Khuja (formerly PNM) v Times Newspapers Limited

This case note explores the issue of open justice considered by Khuja (formerly PNM) v Times Newspapers Limited in the Supreme Court and argues that the current law is confused and incoherent. Far from settling the debate, it is suggested that the decision further undermines some of the key assumptions underpinning the current approach, especially in the light of the compelling and humane minority judgment. This leaves the area ripe for reconsideration in general terms. This note challenges many of the formulaic slogans and rhetoric in previous case law as well as suggesting that the meaning of open justice has been lost in current discourse. After summarising the facts, this note sets out the majority and minority judgments, before analysing some of the conceptual difficulties raised – particularly those of open justice, privacy, presumption of innocence and freedom of speech.     

The use of a tunable light source (Mini-Crimescope MCS-400, SPEX Forensics) in dissecting microscopic detection of cryptic epithelial particles

As skin particles are often deposited by even a single skin contact, the detection of skin debris is important for evidence collection and DNA testing. Unfortunately, even when a dissecting microscope is used by an experienced examiner, epidermal particles are often hard to find and these traces of evidence might escape DNA analysis. Fluorescence is defined as the property of absorbing short-wavelength light and emitting longer-wavelength light. By virtue of the fluorescence characteristics of many target materials, tunable light sources assist in the macroscopic search of crime scenes and items. We combined the dissecting microscope and an alternate light source to examine the fluorescence characteristics of skin and skin particles. In a comparative study, small skin scales were hidden between sand, fibers, and soil probes, and it proved possible to search more successfully with less time and effort. On staged casework exhibits, the efficiency of the screening aid was again tested and the usability of the new procedure shown.     

Utility of the Revised Level of Service Inventory (LSI-R) in Predicting Recidivism After Long-Term Incarceration

Assessing an inmate’s risk for recidivism may become more challenging as the length of incarceration increases. Although the population of Long-Term Inmates (LTIs) is burgeoning, no risk assessment tools have been specifically validated for this group. Based on a sample of 1,144 inmates released in a state without parole, we examine the utility of the Level of Service Inventory-Revised (LSI-R) in assessing risk of general and violent felony recidivism for LTIs (n = 555). Results indicate that (a) the LSI-R moderately predicts general, but not necessarily violent, recidivism, and (b) this predictive utility is not moderated by LTI status, and is based in part on ostensibly dynamic risk factors. Implications for informing parole decision-making and risk management for LTIs are discussed.

Predictive validity of the Structured Assessment of Violence Risk in Youth (SAVRY) during residential treatment

This prospective study examines the predictive validity of the Dutch version of the Structured Assessment of Violence Risk in Youth (SAVRY) by examining relationships between SAVRY scores and various types of disruptive behavior during residential treatment. The SAVRY, a risk assessment instrument, was coded for 66 male adolescents on the basis of file information and interviews. The adolescents were referred to Rentray, a juvenile correctional and treatment facility, by the Dutch juvenile courts because of severe behavioral problems or serious offenses. Institutional infractions were retrieved from incident registration files, which included acts of physical violence, verbal threat, verbal abuse, and violation of institutional rules. The interrater reliability of the SAVRY scores was good. The predictive validity of the SAVRY for physical violence against persons was excellent (Risk Total: AUC=.80, r =.33; Summery Risk Rating: AUC =.86, r =.48). The SAVRY also had good predictive validity for violence against objects, verbal threats and violations of rules, but not for verbal abuse. Implications for assessment and management of violent behavior among adolescents in residential treatment are discussed.     

A Preliminary Validation of the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER) in Hong Kong

The present study attempted a preliminary validation of the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER) in Hong Kong. In-depth assessment was conducted on 43 identified batterers and 46 control male subjects. Results suggested that the B-SAFER could correctly classify 95% of the cases. Scores relating to the current situation were found to be particularly important in predicting intimate partner violence. The concurrent validity of the B-SAFER was demonstrated by its correlation with the Conflict Tactics Scale scores. Findings were discussed in the context of developing screening tool in the community setting with the guided clinical approach.     

Single-item predictive validity of the Short-Term Assessment of Risk and Treatability (START) for violent behaviour in outpatient forensic psychiatry

The single-item predictive validity of the Short-Term Assessment of Risk and Treatability (START) has not been thoroughly investigated, although this has great clinical relevance for the selection of treatment targets. Furthermore, it remains unclear whether the characteristic START additions of scoring strengths next to vulnerabilities and selecting key items, add incremental predictive validity. Finally, predictive validity has primarily been studied in inpatient settings and included mainly patients with a psychotic disorder. We analysed data from a mixed diagnostic sample of 195 forensic psychiatric outpatients with a 3-month and 170 patients with a 6-month follow-up period, using logistic regression analysis. The occurrence of violent or criminal behaviour was established based on the case manager’s recordings in the patient’s file. Only 5 of the 20 START items were found to have predictive validity: Impulse Control, Attitudes, Material Resources, Rule Adherence and Conduct. The last three were the only items for which incremental predictive validity was found with respect to scoring it as a strength and a vulnerability. Selection of key items did not add to the predictive validity. While possibly having therapeutic significance, the scoring of strength next to vulnerability and the selection of key items, may not be beneficial for risk assessment.