Health Status of Incarcerated Adolescents: Implications for Juvenile Justice Decision Making

Adolescents arriving in detention often bring with them significant medical, dental, and psychological problems. These issues have important implications for courts that must decide the best disposition for offending youths. Appropriate treatment benefits the individual by enhancing his/her well‐being and improving his/her chances of successful rehabilitation. Society also benefits by avoiding the higher cost of caring for neglected conditions later in life. A comprehensive health care program for detention facilities involves establishing standardized procedures that address both common adolescent problems plus those more peculiar to detainees. Health care professionals working in a correctional setting have unique duties such as clearing youths for boot camp, monitoring injuries, dealing with resistant patients, monitoring for safe activities, and planning aftercare for youths who may face impediments to accessing care such as poor motivation and poverty. Research concerning issues specific to the needs of incarcerated youths remains infrequent and should be undertaken by health care providers. This article provides an overview of medical issues confronting juvenile offenders that should be considered when a juvenile becomes involved in the juvenile justice system.     

Female and Minority Judicial Nominees: President's Delight and Senators' Dismay?

Female and minority judicial nominations take longer and are less likely to be confirmed, yet presidents eagerly seek such nominations. I account for this puzzle by building a model in which senators face costs for opposing female and minority nominees. I predict that such nominations are more likely when the gridlock interval is large. Using appellate nominations from 1977 to 2004, I find that Republican presidents are more likely to pursue these nominations during periods of high gridlock. Furthermore, accounting for the gridlock interval erases the differences in confirmation duration and success between female/minority nominees and white male nominees.     

Personality Profiles of Veterans Entering Treatment for Domestic Violence

The purpose of this study was to reveal the typical personality profiles of veterans who have been perpetrators of domestic violence. Cluster analysis revealed that the MCMI-II profiles of 183 veterans entering treatment for domestic violence at a Veterans Affairs Medical Center fell into three clusters. These clusters were labeled Subclinical Narcissism, Narcissistic Personality Disorder, and High General Psychopathology/ Substance Dependence. The typical MCMI-II profile for each cluster is discussed in terms how it might be associated with domestic violence. As this typology enables a fuller understanding of veterans who have been perpetrators of domestic violence, it can provide useful information for diagnosis, treatment, and prevention.     

Personality Profiles in a Group of Battered Women: Clinical and Care Implications

Personality patterns, psychopathological symptomatology, dyadic relationship adjustment, and the characteristics of abuse suffered by a sample of women who attended residential services for battered women in Barcelona (Spain) are evaluated in this study. Over half the women had suffered psychological, physical, and sexual abuse on the part of her partner, mostly of long duration, and this had also been suffered by their children. The results obtained using the MCMI-II show a relatively low presence of anxious or depressive symptomatology and the predominance of a schizoid personality pattern. This means that clinical efforts need to be directed towards countering emotional withdrawal and social isolation. The importance of studying interpersonal patterns amongst battered women with a view to optimizing care and to preventing future victimization is also discussed.     

Profiles of Victimized Women Among the Child Welfare Population: Implications for Targeted Child Welfare Policy and Practices

Despite the call to address domestic violence along with child maltreatment, little information exists to guide services for victimized women involved with child welfare. Research shows that victimized women contend with multiple problems stemming from violent victimization. Unfortunately less is known about combinations of needs and resources among victimized women, especially for those involved with child welfare. Through an examination of needs and resources among families with child maltreatment and domestic violence, we aimed to help address this knowledge gap. Needs and resources among 1,229 victimized caregivers were examined using the National Survey of Child and Adolescent Well-being (NSCAW). Using latent class analysis, four distinct multivariate profiles of needs and resources among victimized caregivers were identified. Significant differences were found among the profile groups in the family violence they experienced in the 18 months following child welfare investigations. Based on these findings, we discuss implications for tailored practices to enhance the safety of victimized caregivers involved with child welfare. An earlier version of this paper was presented at the 9th Annual Conference of the Society for Social Work and Research, Miami, Florida in January 2005.     

Navajo Women and Abuse: The Context for Their Troubled Relationships

In this article, on the basis of interviews with seven Navajo women, the author discusses the Navajo womans perspective on domestic violence. These discussions reveal several factors that distinguish the Navajo womans experience of abuse from that of the Anglo³ woman. These factors are examined in light of historical and contemporary understandings of the Navajo world. Three cultural elements can help us understand the Navajo womans experience of abuse: the cultural concept of hózhó, the searing tale (in the Creation Story) of the quarrel between First Man and First Woman, a quarrel that brought great tragedy to the people; and the Kinaáldá, the female puberty rite. It is the authors argument that these facets of the Navajo culture, in addition to Western explanations for womens staying with abusive partners, are powerful contributors to the Navajo womans understanding of abuse in her life and if we are to develop successful techniques for intervention, we must consider these elements as well as those of the dominant culture.     

Enhancing Treatment Outcomes for Male Adolescents with Sexual Behavior Problems: Interactions and Interventions

This exploratory study identifies patterns of multidisciplinary interactions and interventions that aim to improve outcomes for juvenile sex offenders (JSOs). With a response rate of 63.45% at two major statewide conferences in Texas, data from 336 JSO service providers suggest that interactions among service providers should occur before the delivery of interventions. Factor analyses indicated that Protocol (26%), Collaboration (17%), and Role Clarity (15%) explain 58% of the variance in “Multidisciplinary Interactions,” while Counseling (13%), Treatment Placement (11%), and Self-Discipline (10%) explain 34% of the variance in “Interventions.” Treatment staff preferred the implementation of cognitive and person-centered treatment approaches. Additional research is needed to establish objectivity and increase awareness about the importance of service diversity with a common goal within this multidisciplinary community.     

Complex Histories and Complex Presentations: Implementation of a Manually-Guided Group Treatment for Traumatized Adolescents

It is consistently recognized that children and adolescents who have repeatedly experienced or witnessed violence are at significant risk for a multitude of lasting difficulties across many domains of functioning. Adolescents in residential settings often have extensive trauma histories and experience profound behavioral, emotional, and interpersonal difficulties. Unfortunately, there are few structured trauma-informed treatments that have been implemented in residential settings, and even fewer that have been evaluated. This article describes the core components of Structured Psychotherapy for Adolescents Responding to Chronic Stress (SPARCS), a manually-guided trauma-informed group treatment, and provides clinical examples within residential facilities for adolescents with emotional and behavioral difficulties and extensive victimization histories. Preliminary data on self-reported emotional, behavioral, and posttraumatic stress symptoms are presented.     

Examining the Science and Practice of Violence Risk Assessment with Female Adolescents

While the field of violence risk assessment among adult males has progressed rapidly, several questions remain with respect to the application of forensic risk assessment tools within other populations. In this article, we consider the empirical evidence for the assessment, prediction, and management of violence in adolescent girls. We discuss limitations of generalizing violence risk assessment findings from other populations to adolescent girls and point out areas where there is little or no empirical foundation. Critical issues that must be addressed in research prior to the adoption or rejection of such instruments are delineated. Finally, we provide practice guidelines for clinicians currently involved with adolescent females within risk assessment contexts.     

Intensity of Judicial Review in Equal Treatment Cases

Netherlands International Law Review -     

Judicial Review Without Rights: Some Problems for the Democratic Legitimacy of Structural Judicial Review

This article addresses an issue overlooked in most of the literatureon judicial review: the legitimacy of judicial review of a constitution'sfederal and structural provisions. Debates about the legitimacyof judicial review—at least as conducted throughout theCommonwealth—are usually focussed on rights. These debatesappear to assume that the power of courts like the AustralianHigh Court and the Canadian Supreme Court to interpret and enforcefederal and structural provisions is unproblematic. This articletests that assumption and concludes that those who hold democracy-basedobjections to constitutional rights should seriously reconsider,and perhaps oppose, federal and structural judicial review aswell.     

司法的限度：在司法能动与司法克制之间

我国法院从司法改革初期积极扩张司法权的一端,转变到面对社会矛盾复杂性而采取自我限缩策略的另一端,暴露出司法权运作边界模糊的问题。社会需求决定了司法的供给,但司法权的能力是有限的,其机能的发挥有赖于一定的条件,而且当事人人数的多少、案件的复杂程度等都会影响司法权的能力。司法权应当恪守自己的边界。对超越自身能力的事情保持克制,是司法权威的必要保证。     

企业名称与注册商标冲突的司法处理 企业名称登记满五年的司法意义之分析

商标权人在企业名称登记满五年后以企业名称侵权为由提起诉讼时,法院应否将企业名称登记满五年作为侵权与否的考量因素,或者作为何种因素进行考量,对此,理论界尚未有论及,司法实践也存在几种代表性的做法。通过对已有案例的梳理和比较,得出比较合理和可行的观点是,企业名称登记满＂五年＂不应成为侵权救济的硬性障碍,而宜作为侵权判定综合考量的重要因素。具体法律适用上,应从商标侵权与不正当竞争的基本原理出发,充分利用现有法律资源,如部门规章、具有可参照性的法律规定,从其立法精神着手进行深度阐述,通过架桥的方式转入适用《商标法》及《反不正当竞争法》的相关条款,从而实现司法审判有理、有据。