Criteria of expert assessment of professional errors in dentistry

The most frequent errors in dental practice are analysed. Questionnaires, schemes and formula for objective assessment of medical documentation quality in dentistry are proposed.     

Concerning the criteria of expert assessment of unfavorable outcomes in implantological stomatology

The state of complex forensic-medical expertise in implantological stomatology was analyzed in the article. The questions of assessment of medical aid quality with the use of score system of risk degree and factors determination are considered. The authors suggest to use the score system of unfavorable outcomes with the purpose of objectification of expert conclusions.     

Professional ethics and professional morality in the assessment of competence for execution

Four psychological perspectives need to be considered in response to the Richard Bonnie outlook on competence for execution. The first perspective is the degree to which the task itself is ambiguous and thus allows individual clinicians' values to leak through. The second perspective is that prisoners' choices to opt for execution instead of appeal are murky and often irrational. The third perspective is that even rational decisions for execution instead of appeal are often not founded on informed judgments, in part because of the situational influences of living on death row. The fourth perspective is that clinicians' judgments to participate in such legal-psychological activities are not only a matter of individual morality but also part of evolving professional ethics.     

Expert examination and assessment of state under the influence of psychoactive substances

An expert examination is a medical examination performed by a doctor on the order of a police officer or investigating judge. It includes a clinical examination of the subject, collection of samples for toxicological analysis, and the doctor's assessment of whether the subject is under the influence of psychoactive substances. The doctor requires expert knowledge, skill, experience and sufficient time to successfully perform the examination. Since the accurate assessment of the effects of psychoactive substances present depends on a comprehensive evaluation of toxicological test results, the calculation of results at the time of the event and the results of the medical examination, an unprofessionally performed examination can have far-reaching consequences, primarily legal in nature.     

The role of assessment in the continuing professional development of lawyers in England and Wales*

The University of Western Australia (UWA) has recently undertaken a restructure of all its courses. Under the new courses structure, law at UWA is offered at postgraduate Masters level only, as a three-year professional Juris Doctor (JD) degree rather than as an undergraduate Bachelor of Laws degree (LLB). In planning and preparing for the transition from teaching at an undergraduate Bachelor level to teaching at a postgraduate Masters level, the Law Faculty undertook a major review of its curriculum. An important objective of the review was to ensure that the new JD curriculum satisfies the current learning outcomes standards recently adopted by the Australian regulatory framework. The purpose of this article is twofold. First, the article provides a brief background to the changing legal education environment in Australia in the twenty-first century and considers some of the reasons for the adoption of the JD degree at UWA. Second, the article outlines from a practical perspective the planning, implementation and review processes that have been undertaken by the Faculty in meeting the challenges presented by the transition to the JD degree. The article concludes with a brief comment on the future challenges for the Faculty in implementing and maintaining the renewed curriculum.     

Forensic stomatology as independent division of forensic medicine

A modern condition of identification with use of stomatological state is set out in details. Dissertations of research assistants and competitors of the department of forensic medicine were analyzed in connect with the problem of identification using anatomy, morphological and morphometrical peculiarities of tooth, dental arches, dental plates, oral cavity organs and others. A possibility of identification of sex, age, ethno-racial affiliation using peculiarities of structure of dental-jaw system was presented. A question connected with coverage of this problem in pages of "Forensic examination".     

Periodical prestige and criminal justice: An assessment of professional journals [1]

It is a seemingly easy task to generate periodical rankings for an academic discipline. Yet, upon closer inspection, the validity of this claim is questionable, particularly for disciplines lacking a well-defined membership or scholarship boundaries. Criminal justice is one such discipline.Data for the project were derived from questionnaire responses of 1,028 persons who were members of the Academy of Criminal Justice Sciences, American Sociey of Criminology, or both associations, via a three-wave mail survey in September 1979.The study’s most interesing findings were: (1) noncriminologists assigned periodicals a wider range of weights than criminologists; (2) periodical publishers assigned higher weights than nonpublishers; (3) periodical rankings were most similar among published and nonpublished noncriminologists; and (4) respondents generally agreed on what constitutes the poorer journals.     

Referrers' views of structured professional judgement risk assessment of sexual offenders: A qualitative study

Abstract

The Risk for Sexual Violence Protocol is a structured professional judgement (SPJ) tool that aids risk assessment of sexual violence. It is widely used internationally. The aim of this study was to explore the clinical practice of SPJ risk assessment and risk management through qualitative analysis of the accounts of users of these assessments. Questionnaires and semi-structured interviews were conducted with a sample of 31 criminal justice professionals in southeast Scotland. The participants' accounts were explored using the framework method. Five themes emerged from this analysis: informing risk management; confirming what was known and giving weight; understanding personality; treatment; and the usefulness and limitations of risk assessment. The participants reported that the assessments were influential with respect to risk management. The study revealed some important implications for service development. The authors suggest possible future use of the framework method in research investigating the risk assessment of sexual violence.     

中国刑事专家辅助人向专家证人的角色转变

中国的刑事专家辅助人具有既类似于律师又类似于鉴定人、证人的多重属性;围绕专家辅助人意见的性质,也形成了质证方式说、鉴定意见说、证人证言说等多种观点。角色定位上的混乱,不仅造成了独具特色的鉴定人与专家辅助人的双轨制,而且常常使专家辅助人意见的法庭采信陷入困境。从最高人民法院有关专家辅助人的新近规定看,专家辅助人的角色呈现出向专家证人转变的趋势。这种转变的核心要求,一是实现鉴定人和专家辅助人的诉讼地位平等,专家辅助人意见和鉴定意见在专家证言意义上的证据效力平等;二是使专家辅助人回归专家证人本色,将强加给专家辅助人的不合理的质证职责交还给律师、检察官;三是提高律师、检察官熟练运用交叉询问规则、对科学证据进行质证的能力,充分发挥法官的科学证据"守门人"作用,以适应事实认定科学化的需要。     

我国鉴定人出庭注意事项

随着鉴定人出庭作证的呼声日益加强,诉讼中当事人申请鉴定人出庭的案件不断增加。由于以往鉴定人出庭的比例很低,并且大多数鉴定人在出庭经验略显不足。以2009年被山东省高院指定为鉴定人出庭工作试点单位的济南市法院为考察对象,就鉴定人出庭应注意的问题作一探讨。     

Expert testimony in cult-related litigation

The work of forensic psychiatrists has expanded into the controversial area of cases involving new religious movements. Challenges to the expert witness in such cases include new questions and a large body of relevant literature. Published appeals decisions have appeared with judicial comments on the conduct of the involved experts. This article presents the comments about expert witnesses from judges who decided cases involving the major new issues of coercion both in recruitment into and forcible abduction from cults, and competency to join and make donations to these groups. The judicial comments are evaluated using relevant literature from the fields of law, psychiatry, and religion. This provides a basis for general observations and suggestions regarding the involvement of psychiatric experts in cult-related cases.     

Expert testimony in historical perspective

The ethical problems surrounding expert testimony depend directly on the historically specific relationship between science and scientists, on the one hand, and society on the other. In the seventeenth century, when modern experimental science was beginning to emerge, it drew upon legal experience to bolster its methodological arguments. In the eighteenth century, after the successes of Sir Isaac Newton, science gained in authority, and even in law courts the epistemological authority of science went unchallenged. In the nineteenth century, the more empirical sciences, such as chemistry and physics, entered the courts, and juries found the testimony of experimental chemists and physicists useful for their decisions. In the twentieth century, experimental psychology entered the courts. Pushed by Hugo Munsterburg, who saw in legal recognition a way of advancing psychology as a scientific profession, experimental psychology in the courtroom raised ethical problems at the beginning of the century that are still matters of controversy.     

专家证据的可采性--美国法上的判例和规则及其法理分析

证据的可采性是英美证据法的核心问题。美国专家证据可采性的理论、判例和规则代表了普通法系专家证据制度的发展趋势。本文介绍了专家证据可采性的一般理论,梳理了一百多年来美国法上有关专家证据可采性的若干重要判例及联邦证据规则的演进过程。对涉及专家证据可采性的专家证据的依据、专家证据的范围、审查专家证据可靠性的主体、专家证据可靠性的标准等基本法理问题进行了探讨。     

知识产权案件中的专家证人制度

尽管知识产权法属于民法的一个部门法,但是相对于其他民商事案件而言,知识产权案件体现出技术性强和证据庞杂的个性特点。法官(即使具有理工科背景)不可能掌握案件中涉及到的各门类的专业技术知识,而技术鉴定或咨询有时又有其不可克服的弱点,故专家证人制度的引进将是我国加入WTO后,在审理知识产权案件中,提高诉讼效率、透明度并降     

民事诉讼中专家辅助人问题研究

司法实践中鉴定人制度愈发暴露出自身的制度缺陷,大陆法系和英美法系的鉴定制度呈现出相互融合的趋势,我国民事诉讼中的专家辅助人制度孕育而生。然而立法上对专家辅助人制度规定的模糊化不仅没有释明关系到专家辅助人具体权利义务的诉讼地位问题,还略过了专家辅助人资格如何确认等问题,使得这一制度在司法实践中的现状不容乐观。从设立这一制度的背景入手,比较学习日本诉讼辅佐人制度、美国的专家证人制度及意大利的技术顾问制度,探明专家辅助人制度在我国民事诉讼中的问题并提出完善建议。