Predictive Validity of the Neuropsychological Assessment Battery-Screening Module for Assessing Real-World Disability in Patients with Mild Traumatic Brain Injury

The present study set out to examine the ecological validity of the Neuropsychological Assessment Battery-Screening Module (NAB-S) and to examine more specifically, whether performance on this test battery is related to real-world disability status in patients who have sustained a mild traumatic brain injury (mTBI) as a consequence of a motor vehicle collision (MVC). Seventy-nine patients were recruited from a random sample of litigating patients who incurred an mTBI and were referred for a neuropsychological examination due to subjective complaints of cognitive function. Of the total sample, 54 patients were categorized into the non-disabled group and 25 patients were categorized into the disabled group using the 4th edition of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment (AMA; 1993). A multivariate analysis of variance revealed that performance on the NAB-S significantly differed between the two groups, and that memory and attention domains provided a more discriminative index of disability than general neuropsychological functions. In addition, discriminant function analyses revealed that the NAB-S correctly classified 73% of patients according to their group membership. The current findings provide evidence for the ecological validity of the NAB-S as a reliable index of real-world disability status as defined by the AMA Guides.     

PTSD患者社会功能的影响因素及症状分布特点

目的探讨司法鉴定中PTSD患者影响其社会功能的相关因素及症状分布特点。方法对101例精神疾病司法鉴定诊断为PTSD的案例进行回顾性症状分析,并以社会功能缺陷筛查量表评估其社会功能缺损情况。结果 PTSD患者的年龄、婚姻状况、受教育程度、外伤史及案发至鉴定时间的社会功能缺损间存在统计学差异,不同性别间社会功能缺陷程度无统计学差异。情绪不稳、紧张、恐惧、睡眠障碍及外伤对患者的社会功能影响较大。结论 PTSD患者的社会功能缺损程度与年龄、婚姻状况、文化程度、外伤史及案发后鉴定时间等存在一定关系,影响患者社会功能的症状分布较为广泛。     

PTSD患者社会功能的影响因素及症状分布特点

目的 探讨司法鉴定中PTSD患者影响其社会功能的相关因素及症状分布特点.方法 对101例精神疾病司法鉴定诊断为PTSD的案例进行回顾性症状分析,并以社会功能缺陷筛查量表评估其社会功能缺损情况.结果 PTSD患者的年龄、婚姻状况、受教育程度、外伤史及案发至鉴定时间的社会功能缺损间存在统计学差异,不同性别间社会功能缺陷程度无统计学差异.情绪不稳、紧张、恐惧、睡眠障碍及外伤对患者的社会功能影响较大.结论 PTSD患者的社会功能缺损程度与年龄、婚姻状况、文化程度、外伤史及案发后鉴定时间等存在一定关系,影响患者社会功能的症状分布较为广泛.     

Emergencies,Executive Power,and the Uncertain Future of US Presidential Democracy

This article reexamines the question of how best to restrain executive power in a political and social context that seems to favor its dramatic expansion. Modern interventionist government amidst a dynamic social environment, where the executive faces a seemingly endless series of “crises” or “emergencies,” provides a heightened scope for executive discretion. At the same time, the US‐style separation of powers, in which an independent president faces a potentially obstinate Congress, offers executives many incentives to exploit crises, real or otherwise. The works examined in this article confront, with varying degrees of success, the seemingly inexorable expansion of executive power within the US version of liberal democracy. We can only hope to deal with the many intellectual and political tasks posed by the symbiotic nexus between executive‐centered and crisis‐oriented government by confronting some tough questions about US constitutional design and the possibility of radical institutional reform. Unfortunately, even those scholars who provide plausible accounts of the US system's fragilities seem hesitant to do so.     

Ethical, Legal and Risk Management Considerations in the Neuropsychological Assessment of Veterans

This article examines the ethical and regulatory issues facing neuropsychologists practicing within the Department of Veterans Affairs (VA) system, either as Veteran Health Administration neuropsychologists or as consultants. The focus is proactive, with an emphasis on preparation consistent with a positive approach to ethical practice and risk management. Given the sheer magnitude of applicable Federal regulations and guidelines, the scope is limited to an overview of select ethical complexities involved in the professional practice of neuropsychology with veterans within VA settings. The article uses a top-down structure, with each section (a) identifying the relevant core biomedical ethical principles, followed by (b) an elaboration of the relevant ethical requirements as defined by the American Psychological Association’s Code of Ethics, and (c) applicable Federal regulations. Suggestions for translating core ethical principles and relevant ethical requirements into pragmatic action consistent with Federal regulation follow. Topics include (a) establishing professional competence, (b) understanding the type of assessment, (c) understanding consent requirements, and (d) understanding the ethical and regulatory issues in assessing veteran symptom presentation.     

美国执行一体论的源流、内容与未来

执行一体论是当前美国法学界与政治学界一种非常盛行的理论,被用来为总统作为执行部门首席执行官的主张进行辩护。执行一体论虽然是在里根总统时代正式登上舞台,但其制度根源在于执政(executive)与施政(administration)的区分。执行一体论具有强弱不同的版本,其主要的理论依据是总统通过控制行政部门而对全体人民负责,从而实现民主正当性并追求政策层面的统一。然而执行一体论在文本、结构以及原旨层面都有进一步探讨的空间,在具体制度的安排方面也无法全然支持执行一体论的内容。在理论上,民主正当性与职能专业化等所支持的独立性存在冲突,而且执行一体论并不是保证行政部门民主正当性的唯一方式。就其未来发展而言,应该警惕全权式的执行一体论。     

Delinquent Behaviour,Psychosomatic Symptoms and the Idea of 'Healthy Delinquency'

This study examines the association between self-reported delinquent behaviour and psychosomatic symptoms in a nationally representative sample of 15-16-year old Finnish adolescents. Some theorists have suggested that psychosomatic symptoms are related to inability to break culturally given norms. If this is so, delinquents should have less symptoms than non-delinquents. To assess this idea, two hypotheses are formulated: delinquency is associated with decreased symptoms (the 'hydraulic' hypothesis), or delinquency is associated with increased symptoms (the 'stress' hypothesis). In support of the second hypothesis, the results indicate that delinquency and psychosomatic symptoms are positively associated. The effect of delinquency on symptoms is robust in the presence of a number of control variables. The findings are discussed i.a. from the point of view of increasing research interest in the positive effects of delinquency. While positive effects are likely to exist in specific contexts, delinquency as such does not lead to a reduction of psychosomatic symptoms.     

Assessing the relationship between individual characteristics, neighborhood context, and fear of crime

The purpose of this study is to examine citizens’ fear of crime based on the neighborhood in which they live. Integrating individual characteristics, citizens’ perceptions, and neighborhood structure provides a more complete perspective on understanding fear. Individuals were asked to report on proximate level of fear, social cohesion, neighborhood disorder and level of police/citizen satisfaction. Neighborhood structure emerged as a predictor of citizen's fear even after controlling for race, age, gender and education. Results indicated that perceived disorder neighborhood structure was strongly associated with citizens’ fear of crime. Considering individual characteristics, perceptions of disorder, and neighborhood context simultaneously provides an opportunity to develop a more comprehensive understanding of fear and policies to reduce fear.     

我国各级法院的职能定位与审级制度的重构

目前,我国的法院在设置上分为四种级别,完全与行政区划相联系,即在(区)县一级设置相应的基层法院,在(地)市一级设置中级法院,在(直辖市、自治区)省一级设置高级法院,在中央一级设置最高法院。实践证明,这种将行政区划与以级别管辖和地域管辖为基础的司法管辖完全对应的模式,对于维护司法的公正与效率,既有有利的一面,又有不利的一面。为了趋利避害,应当以司法(管辖)区的概念为基点,对现行的司法管辖制度进行必要的改革与完善,主要应基于这样几种价值标准作为判断的依据:其一,有利于维护司法的独立性;其二,有利于弱化和消除司法的地方化倾向;…     

Self-Control,Violent Offending,and Homicide Victimization: Assessing the General Theory of Crime

Criminologists have long recognized that offending and victimization share common ground. Using Gottfredson and Hirschis general theory of crime, with its emphasis on self-control as a theoretical backdrop, we examine the extent to which self-control is related to both violent offending and homicide victimization. To examine this issue, we use 5-year post-parole data on violent offending and homicide victimization from a sample of parolees from the California Youth Authority. Using rare-events logistic regression models, results indicate that self-control is related to each outcome, but that other risk factors are also uniquely related to each outcome. The implications of this study for theory and future research are addressed.To whom correspondence should be addressed: Department of Criminology, Law and Society, University of Florida, P.O. Box 115950, 201 Walker Hall, Gainesville, FL 32611-5950; Phone: +1-352-392-1025, ext. 213; E-mail: apiquero@ufl.edu     

Assessing the trends,scale and nature of economic cybercrimes: overview and Issues

Trends in police-recorded and (where they exist) household survey-measured cybercrimes for economic gain are reviewed in a range of developed countries – Australia, Canada, Germany, Hong Kong, the Netherlands, Sweden, the UK and the US - and their implications for criminal policy are considered. The datasets indicate a substantial rise in online fraud – though one that is lower than the rise in online shopping and other ‘routine activity’ indicators - but it is not obvious whether this is just displacement for the fall in household and automobile property crime, nor how much overlap there is between the offenders and past ‘offline’ offenders. Nor do the data indicate whether the frauds result from insiders or outsiders, or are collusive. The direct and indirect costs of cyberfrauds are examined, and it is concluded that there is no satisfactory basis for the larger estimates of cost, but it is undeniable that those costs are large enough to merit concern. There remains a problem of what metrics are appropriate for judging the threat and harm from cybercrimes, and their impact on national and human security. There is not a sharp division between these larger national security issues and cyber attacks on banks, businesses, and the spear phishing of individuals with important knowledge of system vulnerabilities in the public or the private sector. Rather there is a punctuated continuum in the interplay between private, corporate governmental and wider social risks.     

Assessing the Effectiveness of Juvenile Justice Reforms: A Closer Look at the Criteria and the Impacts on Diverse Stakeholders

Research to date has taken a relatively narrow view of the criteria by which the effectiveness of juvenile justice sentencing policies are to be assessed. This narrowness is particularly striking given the comprehensive get tough reforms that recently have been enacted in nearly every state. Drawing on previous research and an analysis of the potential effects of a recent juvenile justice sentencing reform in Texas, this paper argues for greater attention to conceptualizing and empirically assessing effectiveness broadly, including reference to intended and unintended effects, multiple goals and means, and diverse stakeholders. The argument is sustained first by outlining and discussing these key dimensions and then by empirically illustrating the potential importance of one of these dimensions – diverse stakeholders and their respective interests.     

立法目的、法院职能与法律适用的方法问题

国家制定法关于立法目的表达和法院职能的规定,不仅会形成对适用法律方法的有效约束,而且一定情形下还会影响法律方法选择的方向。社会主义的司法方法,作为被社会主义法律目的规定的手段,其服务于、服从于社会主义建设事业需要而被演绎的种种存在和表现,是由国家政治法律制度的客观现实规定的。     

Childhood Physical and Verbal Mistreatment,Psychological Symptoms,and Substance Use: Sex Differences and the Moderating Role of Attachment

Sex differences in sequelae associated with levels of childhood physical mistreatment and verbal mistreatment were examined in a non-clinical sample of 272 university students. We predicted and found that both forms of mistreatment are related to attachment difficulties as well as various adverse psychological symptoms. We hypothesized, based on attachment theory, that the strength of a child’s attachment to one parent would moderate adverse emotional sequelae of mistreatment by the other parent. This prediction was only partially supported. Strength of the mother-daughter attachment moderated several of the adverse psychological symptoms in response to mistreatment by fathers, but mother-son attachment did not so moderate. Strength of the father-son attachment also did not moderate the symptoms associated with mistreatment perpetrated by mothers, nor did the father-daughter attachment. These results suggest that, among other relevant factors, sex differences should also be taken into account in treatment and prevention efforts.     

县（区、市）司法局职能配置与运作现状研究

引言地方行政机关职能配置和运作方式,涉及到行政机关内部工作分工和职责履行。司法行政机关职能配置和运作方式是否科学、合理,是司法行政机关的行政行为能否依法、有序工作的前提,关系到公正、权威和高效的有中国特色社会主义司法行政工作机制的建立。正确、充分、高效发挥司法行政机关的职能以及加强自身的规范管理,是加强司法行政机关建设的重要环节。     

关于县（市、区）司法局和司法所职能、机构、人员编制配置问题的初步思考

伴随着我国改革开放和经济社会发展的历史进程,作为我国基层政权和政法组织体系重要组成部分的县(市、区)司法局和司法所逐步组建起来,其工作职能不断充实和强化、机构设置进一步规范、人员编制逐步增加,在推进基层民主法制建设、维护群众切身利益、保障经济社会发展方面的重要     

Assessing reliability, validity, and clinical utility of the BEST-Index in measuring living skills among forensic inpatients

The assessment of behavioral change as a result of inpatient treatment in forensic psychiatry is an important precondition for violence risk prediction in forensic psychiatry. In relation to a multitude of diagnostically based risk assessment instruments, there is a shortage of appropriate instruments with which to carry out valid and reliable therapeutic assessments that are behaviorally based and therefore appropriate for use within varied psychiatric contexts. There is also a need for instruments which will offer assessors the opportunity to examine possible relationships between criteria of social risk and criteria of more general aspects of social functioning. Tapping the issues pointed out above, the authors present an overview of a normatively based social profiling instrument (the BEST-Index), and discuss evidence for its validity, reliability, and aspects of clinical utility.     

创新民族自治地方政府职能模式 推进民族地区经济社会发展

民族地区政府在推动本地区经济增长,实现区域经济平衡协调发展过程中具有不可或缺的重要作用。民族地区政府职能模式的改革与建构,政府职能模式的配置与运行方式的转变,既要遵循我国政府体制改革的总方向,又要符合民族地区经济和社会发展的实际特点和现实需要。即民族地区政府主导型职能模式的存在有某种合理性,又有向有限政府、服务型政府转变的必要性。因此,民族地区政府职能模式的建构不仅要充分考虑到经济调控、管理、规范等职能,而且要与提供公共产品、助推公民社会成熟之间实现有效衔接。     

审判职能、说服责任与“案结事了”

本文从司法审判的特点、说服责任的性质与和谐价值的实现等方面。探讨了它们与“案结事了”的关系。在法治社会。法院的角色是根据证据裁判原则解决社会争端。诉讼各方必须履行说服责任,才能使法院判决具有可接受性,使争端得到终局性解决。法院作为国家审判机关．不应以调解优先,而应以增强证据意识、完善证据制度来实现案结事了。在刑事诉讼中．只有强化公诉人的说服责任,达到使事实认定者确信无疑的证明标准．才能减少冤假错案,实现案结事了。在民事诉讼中,应当遵循体现和谐价值的“不能采纳用以证明过错或责任的”证据规则．才能避免“善有恶报”、“案结事坏”的恶果。