Psychometric validation of the Brief Symptom Inventory 25 Forensic (BSI-25-F)

The Brief Symptom Inventory 25 Forensic (BSI-25-F) is a screening instrument for measuring the psychophysical distress of prisoners and forensic patients. The aim of the study was to validate the instrument. For this purpose, 165 forensic patients, 312 general psychiatric patients, and 1359 people from the general population completed the BSI-25-F. In addition, the data of the long-term prisoners who were studied when the instrument was originally developed were used for comparison. The item analyses revealed acceptable to very good item characteristics within the target samples of the prisoners and the forensic patients for the majority of the items. Reliability tests also showed acceptable to good values for the target samples. The differential validity but not the factorial validity could be proved. To conclude, the new BSI-25-F represents an economic, practicable, and reliable screening instrument for identifying prisoners who are in a need of treatment.     

Screening for suicide risk factors in prison inmates: Evaluating the efficiency of the Depression,Hopelessness and Suicide Screening Form (DHS)

The Depression, Hopelessness and Suicide Screening Form (DHS; Mills & Kroner, 2002 ) is a recently developed self‐report instrument to aid in screening inmates in the titled areas. Research has shown the DHS to have good internal consistency, factor structure and construct validity. The present study extends the previous validation research by comparing the disclosure of suicide risk factors on the DHS with both interview‐based and file review information. In addition, the DHS scores were used to predict psychological distress. The results indicate that despite the paper‐and‐pencil self‐report approach of the DHS it is comparably efficient in gathering suicide risk factors to other methods. In addition, the predictive accuracy of the DHS in identifying inmates experiencing psychological distress was confirmed. The current study has implications for the method of collection of suicide screening information. The discussion centres on the potential of self‐report in screening for suicide and self‐harm indicators in inmate populations.     

Using the Referral Decision Scale to Screen Mentally Ill Jail Detainees: Validity and Implementation Issues

The prevalence of serious mental illnesses in jail populations is significantly greater than in the general population. Identifying individuals who warrant psychiatric evaluations is important and benefits correctional staff as well as detainees. One widely used screening instrument intended for this task is the Referral Decision Scale (RDS). This paper reviews the development and validation of the RDS. Using data from a multisite study which assessed postrelease outcomes for detainees with mental illness, various types of validity are addressed. The results confirm that the RDS has some inherent characteristics that seriously limit its practical application as a screening instrument for use by correctional staff.     

Feigning Hand Preference? A Case Report Preliminary Data

Hand preference may be crucial in the forensic domain, notably in cases where the assailant is known to be left‐handed and the defendant claims to be right‐handed (or vice versa). In such cases, forensic psychologists or physicians may be asked to test the hand preference of the defendant. However, hand preference may be faked. The case described here illustrates this problem and addresses potential solutions. We also present preliminary data showing that a standard instrument for measuring handedness is sensitive to feigning. We conclude that when hand preference is determined, multiple sources of information should be assessed in order to identify possible feigning.     

Studying Pretrial Publicity Effects: New Methods for Improving Ecological Validity and Testing External Validity

Although research examining the effects of pretrial publicity (PTP) on individuals' appraisals of a defendant and verdict decision making generally has been found to be internally valid, the external validity has been questioned by some social scientists as well as lawyers and judges. It is often proposed that the verisimilitude (or ecological validity) of the research should be increased in the service of increasing external validity; however, increasing verisimilitude can be costly in terms of both time and money. It is proposed that the Internet is a viable means of conducting PTP research that allows high verisimilitude without high costs. This is demonstrated with a study in which we used the Internet to examine PTP effects in an actual trial as it was taking place. Successful use of the Internet to conduct experimental research in other areas of psychology and law is discussed, as well as the importance of future research examining whether independent variables interact with methods in ways that undermine the generalizability of research findings.     

论"罪疑唯轻"原则下刑事被告之举证负担

罪疑唯轻是刑事法中的重要裁判原则,裁判者在犯罪事实存在疑问时必须作出有利于被告的裁判.如果公诉方不履行法定的证明责任,或者刑事被告提起"有事实根据的合理怀疑"使案件事实真伪不明时,裁判者应当遵守罪疑唯轻原则作出有利于刑事被告的判决."选择确定"本质上是罪疑唯轻原则例外,但刑事被告在选择确定中仍无需承担主观的举证责任,只承担客观的证明责任.在程序性事项上,除重大的影响刑事被告权利的事项外,罪疑唯轻无适用余地.     

我国公司瑕疵设立的救济程序探讨

我国公司法及审判实践尚未确立完善的公司瑕疵设立及其救济制度,通过对发达国家和我国台湾地区相关制度进行比较研究的基础上,针对我国的公司瑕疵设立的救济程序,尤其公司瑕疵设立无效或取消的法定事由、主张方式、原告和被告、诉讼期限、效力等制度进行预期和设计。     

The feasibility of a brief evaluation of mental state at the time of the offense

If psychological evaluations of criminal defendants could be performed in the community on an outpatient basis rather than in a distant state hospital on an inpatient basis, substantial savings could result and defendants' rights to speedy trial, bail, and the least restrictive alternative would more likely be respected. The authors thus developed a protocol, the mental state at the time of the offense screening evaluation (MSE), designed to enable outpatient evaluatiors to “screen out,” in the course of a brief interview, those defendants whose alleged criminal conduct clearly was not caused by “significant mental abnormality.” They tested the validity of the MSE by having pairs of mental health professionals use the MSE to evaluate 36 criminal defendants. The professionals' conclusions were then compared with the conclusions of state hospital professionals who performed a comprehensive evaluation of each defendant. They were also compared to court adjudications of the defendant's criminal charges. They found that the MSE screened out a large proportion of defendants (sufficient to suggest an improvement in cost-efficiency) without prejudice to those defendants who might have a valid legal defense.     

日本专利权当然无效抗辩原则及其启示

当然无效抗辩是指,在专利权侵权民事诉讼中,被告可以直接主张原告专利权＂当然无效＂因而抗辩自己的行为不侵害其专利权。当然无效抗辩具有独立价值,它赋予了法院在个案中认定专利权是否存在无效理由的权力。当然无效抗辩的提出只要具备专利权无效理由这个要件即可,但在除斥期间经过后,被告无权再提出当然无效抗辩,专利权无效审理非适格请求人在专利侵权诉讼中也可以主张当然无效抗辩。由于宪政体制、司法体制等多方面的原因,在暂时尚未具备采纳美国赋予法院最终确认专利权效力做法条件的情况下,作为一个过渡性的措施,在专利权确权机制方面,我国专利法有必要吸纳当然无效抗辩。     

Effects of victim's and defendant's physical attractiveness on the perception of responsibility in an ambiguous domestic violence case

A 2 × 4 × 4 factorial design was used to assess the effects of physical attractiveness in a domestic violence case. The attractiveness of both the defendant and victim were varied along four levels. Subjects were asked to read a domestic violence scenario where pictures of the defendant and victim were varied according their physical attractiveness. Results showed no significant effect of physical attractiveness in a juridic decision-making process in domestic violence. However, there were significant differences between male and female subjects in the sentencing of the defendant. This difference did not hold true for finding the defendant guilty or not guilty.     

Measuring psychopathic traits in children through self-report. The development of the Youth Psychopathic Traits Inventory-Child Version

The current article investigates whether self-reports of children provide reliable and valid information concerning psychopathic personality traits and behaviours. For this purpose, we developed a downward extension of an existing adolescent self-report measure; the Youth Psychopathic traits Inventory [YPI; Andershed, H., Kerr, M., Stattin, H., & Levander, S. (2002). Psychopathic traits in non-referred youths: Initial test of a new assessment tool. In E.S. Blaauw, L. (Ed.), Psychopaths: Current international perspectives (pp. 131-158): The Hague: Elsevier], called the Youth Psychopathic traits Inventory-Child Version (YPI-CV). The reliability and validity of the YPI-CV were tested in n=360 children from the general population. The YPI-CV had good internal consistency and a three factor structure similar to the original adolescent version. Test-retest reliability over a 6-month period was adequate. In validating the instrument, both self, teacher and peer report were used. The convergent and divergent validity of the three YPI-CV dimensions was examined by relating each of them to an external criterion measures assessing the same construct. It was concluded that psychopathic traits can be measured reliably and meaningfully through self-report in 9 to 12 year olds and that the YPI-CV is potentially a useful instrument for doing so.     

The utility of the State-Trait Anger Expression Inventory with offenders

Self-report instruments can provide useful information as part of a thorough clinical assessment. However, their use in forensic settings can be problematic. The State-Trait Anger Expression Inventory (STAXI) has recently been proposed as an effective instrument for screening and outcome measurement in anger management programs. This study evaluated the effectiveness of this instrument in a sample of both voluntary and court-ordered anger-management clients, all of whom were determined through diagnostic interviews to have significant anger problems. Contrary to findings in nonforensic samples, the STAXI Trait Anger scale identified only about half of the participants as having anger-management problems severe enough to require intervention. Supplemental analysis with two additional scales did not significantly improve sensitivity. In addition to thorough diagnostic interviewing, forensic use of the STAXI (like similar assessment methods) may require additional validity scales to detect denial or socially desirable response patterns.     

论被告人的处遇

刑事审判的运行蕴含着一个"悖论",在强调不应将被告人当作审判对象的同时又不得不针对被告人进行评价,被告人徘徊于主体与客体之间的尴尬境地。刑事审判这个场域中交融着实体和程序两种因素,显示了实体法与程序法发生着一种微妙的相互控制,并彰显了刑事程序的内在魅力。刑事司法运作的逻辑是"审判"先于"犯罪"先于"刑罚"而发生,要实现由"被告人"到"犯罪者"或者"无辜者"的角色定位,这是一项理性的事业,在这个空间里面,程序是第一性的,实体是第二性的。因而,永远不要把被告人当作审判对象,实质是一种程序理想,更是应有的理论立场。     

Using after-the-event insurance and conditional fee agreements in defending weak IP claims

Legal context: As the cost of IP litigation increases, the cost of defendinga claim can be prohibitive, even if the defendant is ultimatelysuccessful. In this article, the authors consider how after-the-event(‘ATE’) insurance and conditional fee agreements(‘CFA’) can be used in IP disputes. Key points: The authors describe a recent innovative ATE insurance product,explain how ATE insurance and CFAs can be applied to IP disputes,and explain how a combination of ATE insurance and a CFA canput the defendant in a very strong position, with a high degreeof certainty of costs. Practical significance: The fact that a party has obtained offers of ATE insurance and/ora CFA indicates to the other side that (i) its solicitors areconfident of succeeding, (ii) it has obtained a favourable counsel'sopinion; and (iii) there is likely to be a substantial disparityin each side's potential costs. This gives rise to a usefuladditional benefit of a tactical advantage given to the defendant,which may lead to an early settlement on terms favourable tothe defendant.     

Empathy and Jurors' Decisions in Patricide Trials Involving Child Sexual Assault Allegations

In a mock-trial paradigm, 205 participants considered a patricide trial in which a child defendant claimed the patricide was done in self-defense after years of sexual abuse. Participants in an empathy-induction condition were asked to take the perspective of the defendant and to detail how they would be thinking and feeling if they were the defendant. Control condition participants received no such instructions. Results indicated that, compared to jurors in the control condition, jurors who were asked to take the defendant's perspective had more empathy for the defendant (without feeling more similar to or more sympathy for the defendant), found the defendant less guilty and less responsible for the murder, and were more likely to consider abuse to be a mitigating factor in the killing. Overall, compared to men, women were more likely to believe the defendant's abuse allegations, find the defendant credible, and consider the defendant to be less responsible for the murder. Women in the empathy condition found the defendant less guilty than did all other jurors. Finally, child defendant gender was also varied, but this had few effects on case judgments overall. Jurors, however, were more likely to believe that the girl defendant was sexually abused than the boy defendant. We discuss theoretical implications for understanding the social psychological construct of empathy as well as implications for understanding jurors' decisions in cases involving child sexual assault allegations.     

自己注册商标侵权抗辩研究

商标使用的动态性、商标注册审查制度的必然漏洞、信赖保护原则和禁止重复诉讼原则是自己注册商标侵权抗辩的正当性理由,欧盟和日本相关立法佐证了自己注册商标侵权抗辩的合理性和可行性。自己注册商标侵权抗辩制度之目的是维持注册取得商标权和商标集中授权制度的稳定性并避免注册商标成为商标侵权的工具。自己注册商标侵权抗辩的构成条件包括注册商标与他人的注册商标存在冲突、用以进行侵权抗辩的注册商标有效且属于善意注册或虽非善意但已超过商标法规定的无效宣告期限、注册商标在被控侵权之前已实际使用并有一定影响、注册商标善意使用且使用方式符合商业习惯。注册商标侵权抗辩包括对损害赔偿责任和停止侵害责任的抗辩,在后商标的注册时间及冲突商标的使用状况将影响注册商标侵权抗辩的成立。对于无法被宣告无效或撤销且正常使用的注册商标可以通过附加区别标志来减轻消费者混淆的可能性。     

论全程同步录音录像代替笔录固定口供

录音录像资料与传统的文字笔录都属于犯罪嫌疑人的供述和辩解,系被告人的庭前陈述,但前者可以使庭前陈述具有证据可采性,在翻供的情况下还可以转化为证明讯问过程合法的视听资料。当前检察机关在讯问职务犯罪嫌疑人时对口供的记录方式,采取以笔录为主以录音录像资料为辅的并用模式．这种并用模式在实践中不仅造成了司法资源的浪费,也干扰了正常的讯问工作,应采用单独使用录音录像固定口供的模式。     

PROSECUTORIAL DISCRETION IN FILING CHARGES IN DOMESTIC VIOLENCE CASES*

Based on data collected from prosecutors' files on domestic violence cases, the research reported here attempts to isolate variables associated with a decision to issue criminal charges in a case. The analysis reveals that variables reflective of the defendant's current or past choices were most strongly associated with the charging decision. Specifically, the defendant's appearing at the charging conference and his use of drugs or alcohol at the time of the violence were the factors most strongly associated with the decision to issue a criminal charge. Other related factors were also reflective of choices made by the defendant: degree of injury inflicted, the instrument used, the fact of prior offenses, and prior abuse of the particular victim.     

经上级机关批准的行政行为的被告确定问题再研究——也谈《若干问题解释》第19条规定的适用

由于行政管理的复杂性与行政实体法律法规规定的不完善,批准一词在实践中往往在多种意义上被使用,《若干问题解释》第19条仅以署名与否为标准确定经上级机关批准的行政行为的被告不尽符合行政法理论。科学的做法是,对需要批准的行政行为先从行政职权与法律后果的角度区别所谓的批准究竟是内部审批行为还是行政许可行为,在此基础上分别情形结合署名标准确定被告。