Conflict of laws issues associated with an action for interference with privacy

Recent developments indicate that Australia may be ready to recognise an action for interference with privacy. Similar progress can be seen in some other countries. When such a action is recognised, whether in the form of a new tort or in the form of a statutory action, it will doubtlessly give rise to conflict of laws questions. A person in one state will perceive that her/his right to privacy has been violated by a person or organisation in another state, and questions as to where she/he can sue the other party, and which law will be applicable, will become relevant. Such scenarios are particularly likely to occur in the Internet context. This article examines those, and related, questions. In doing so, focus is placed on Australian law and particular emphasis is placed on the action's application in relation to Internet conduct.     

司法精神病学鉴定为无精神病刑事案例的智力分析

目的研究司法精神病学鉴定中被鉴定为无精神病刑事案件者的智力水平。方法对88例被鉴定为无精神病的刑事案例及89例被鉴定为精神分裂症的刑事案例的智力测验结果进行对比分析。结果无精神病组与精神分裂症组的性别、年龄、文化、职业、婚姻及案件类型的构成差异无统计学意义;无精神病组的智力测验成绩显著优于精神分裂症组但低于正常水平(常模);自称有精神病或否认有精神病案例间智商的差异无统计学意义。结论无精神病案例的智力测验结果反映这类被鉴定人的智力有轻微受损。     

Coping with crime: Institutional rehabilitation of offenders with mental health issues

Effectively coping with criminal behavior is one of the most serious social issues confronting contemporary policy makers. Philosophical arguments have been made to address the causes of Crime rather than simply treating its symptoms. While this makes sense logically, the feasibility of such a endeavor is questionable. This being the case, it appears that treating the symptoms of criminal behavior is not only a necessary but possibly the only course of action. In this light, the measures taken to address crime to this point in time have, for the most part, been ineffective and in may cases, the costs have far exceeded the benefits. Recidivism rates clearly illustrate that a large percentage of newly committed crimes are being perpetrated by individuals who have been convicted of offenses in the past. Accordingly, effective rehabilitation emphasizing individually tailored programs of treatment during periods of institutionalization is necessary, prior to reintegration of offenders back into society. This need is particularly evident when faced with psychologically disturbed inmates.     

利用FT-IR检验纸张初探

目的初步探讨利用傅立叶红外光谱仪对纸张检验的鉴别力。方法利用傅立叶红外光谱仪对不同种类纸张、同一厂家不同批次的纸张进行检验。结果通过比较红外光谱图中出现的特征峰差异,确定纸张的差异。结论用该方法可以对不同种类纸张、同一厂家不同批次的纸张进行区分,同时可以分析纸张中有机物的特征基团。     

法是“理”与“力”的结合

任何具体的事物都是内容与形式辩证统一。没有无内容的形式，也没有无形式的内容，内容决定形式，形式服务于内容。…….     

书香里的法院——北京互联网法院“书香机关”建成记

开卷有益,功不唐捐。加强书香法院建设,可以培育干警坚定的理想信念,将文化的力量、人文的情怀融入到执法办案中,“读一本好书,像交了一个益友。”通过书籍的浸润、思想的洗礼,有助于干警减轻压力、愉悦身心,提升法官自身素养,滋养浩然之气。本期,我们推出3家书香法院。     

Perceptions and experiences of people with mental illness regarding their interactions with police

This study examined the perceptions and lived experiences of people with mental illness in relation to their interactions with the police. A community-based participatory research approach was used and a procedural justice theoretical perspective guided the study. In-depth, semi-structured interviews were conducted by peer researchers with 60 people with mental illness who had interacted with the police and were living in Metro Vancouver, Canada. Among the study participants, contact with the police was frequent and occurred under a diverse range of circumstances. The majority of participants perceived being treated in a procedurally just manner by the police officer(s) who were involved in their most recent interaction. Almost three-quarters (n = 43, 72%) of participants were generally satisfied with how the police officer(s) had handled their most recent interaction. The slight majority of participants (n = 30, 51%) rated their previous contacts with the police as a positive experience overall, with 32% (n = 19) indicating that their previous interactions with the police were negative life experiences. The findings paint a more balanced picture than that which is often portrayed by the media. Emphasizing a procedural justice framework for police handling of situations involving people with mental illness is a vital step toward improving how these interactions are experienced and perceived.     

The impact of collaborative case formulation with high risk offenders with personality disorder

This study investigated the impact of completing collaborative case formulations (CFs) on the professional relationship between Offender Managers (OMs) and high risk offenders with personality disorder (PD). It was hypothesised that collaborative CFs would result in significantly improved professional relationships, offender engagement and OM confidence. Seventy-seven OMs were randomised into control and formulation groups and randomly allocated a high risk offender with PD. OMs in the formulation group attended advanced formulation training and constructed collaborative CFs. No collaborative CFs were constructed by the control group. All participants subsequently completed a measure of relationship quality. OMs also completed a perceived benefits rating scale evaluating perceived offender engagement and OM confidence. OMs in the formulation group reported significantly higher overall relationship quality, a stronger working alliance and greater confidence. Offenders in the formulation group reported significantly higher degrees of trust in their OMs. Results indicate that completing CFs collaboratively with high risk offenders with PD may have a small, beneficial impact on the quality of OM/Offender relationships and increase OM confidence.     

Treatment of sex offenders with Depo-Provera

Medroxyprogesterone acetate (MPA) is capable of reducing male testosterone blood levels with a corresponding reduction in sexual interest and activity. An attempt to evaluate its effectiveness with court committed sexual offenders was made with eight subjects each serving as his own control by alternating Depo-Provera injections for 16 weeks with saline injections for a corresponding 16 weeks. This paper reports the results of this study and the conclusions that appear to be appropriate.     

Fatal Spontaneous Retropharyngeal Hematoma with Airway Obstruction in the Setting of Treatment with Dipyridamole

We report a fatal case of airway obstruction caused by spontaneous retropharyngeal hematoma (RH) in the setting of treatment with dipyridamole. A 90-year-old woman presented with cervical swelling, neck and chest ecchymoses, and complaints of dyspnea. She suffered cardiopulmonary arrest in the ambulance, and her death was confirmed after transportation to the hospital. The major finding of postmortem computed tomography (PMCT) prior to autopsy was widening of the prevertebral soft tissue. The results of the autopsy indicated that the cause of death was mechanical asphyxia, secondary to pharyngeal and laryngeal compression caused by the RH. There were no evident injuries, medical interventions, or particular diseases, suggesting the spontaneous cause of the RH. To the best of our knowledge, this is the first report of a fatal case secondary to spontaneous RH that was revealed through PMCT imaging.     

贿赂犯罪慎改论

修改贿赂犯罪刑法规范应当慎重.不宜将贿赂犯罪的对象要件修改为"财产性利益".应当充分运用刑法解释方法,从现行刑法分则的"财物"概念中发掘动态内容.有必要在保留受贿罪"为他人谋取利益"要件的基础上,通过刑法解释发挥其规范性功能,化解相关适用性障碍."为谋取不正当利益"的要件设置具有合理性,应在捋清刑法条文关系与全面理解相关司法解释的基础上明确不正当利益的内涵,而非直接取消或者修改现有规定.必须在用足现有法律规范的基础上,根据惩治腐败的现实需要增设影响力交易罪,避免贿赂犯罪刑法条文交错的进一步加深.     

论债权人代位诉讼的诉讼标的

我国代位权制度对“入库规则”的放弃,对我国债权人代位诉讼的诉讼标的影响极大,现有的“一 诉讼标的说”和“二诉讼标的说”均难成立,应当采纳新诉讼标的理论和“争点效”理论来解决其诉 讼标的和判决拘束力问题,即债权人代位诉讼的诉讼标的是债权人提出的要求次债务人履行债 务的诉讼请求,而作为基础法律关系的债权人与债务人之间、债务人与次债务人之间的债权债务 关系,则因判决的争点效而具有约束力。     

An assessment for attitudes consistent with sexual offending for use with offenders with intellectual disabilities

Background . Over the past 10 years, the focus of assessment and treatment for sex offenders has changed from the assessment of skills and deviant sexual preferences to the assessment and treatment of cognitions that might be considered to encourage or justify inappropriate sexual behaviour. There have been a few assessment measures of deviant sexual cognitions developed for adults in mainstream sex offender populations but none in less able populations. The present study describes an assessment questionnaire consisting of 7 scales for cognitions associated with rape, voyeurism, exhibitionism, dating abuse, stalking, homosexual assault and offences against children, designed to be used by sex offenders with intellectual disabilities. Method . Four groups of subjects were employed in this study – sex offenders, non‐sexual offenders, non‐offenders all with mild intellectual disabilities or borderline intelligence and a further group of normal men. All subjects completed the questionnaire and 86 subjects provided reliability data. Results . Each item was subjected to 3 tests of reliability. Retained items were required to achieve an item‐to‐total correlation of at least 0.4. Of the 7 scales, 5 achieved an internal consistency coefficient of 0.8 or greater. All scales successfully discriminated between groups even when the normal controls were eliminated because their scores were so low. Conclusions . It is possible to develop scales to assess cognitions related to types of offences which discriminate between sex offenders and other groups with intellectual disabilities. The final scales have robust statistical properties and can be used for clinical and research purposes. Some caution was noted in the use of attitudinal assessments for sex offenders.     

刑事和解的成本收益分析——以"经济人"预设为理论前提

刑事纠纷中的双方和国家都可以被视为经济人,根据经济学的成本收益理论,对于重视获得补偿的被害人和有支付能力的加害人,从和解中获得的利益要大于从正规诉讼程序中获得的利益。从立法、司法和刑事法目的实现的角度,国家扩大刑事和解范围,对其进行法律规制也是实现收益最大化的明智的选择。