超药品说明书用药的相关法律责任问题研究

目的：为规范药品生产企业的药品说明书,促进医务人员安全合理用药提供有益借鉴。方法：从法学角度剖析医务人员和药品生产企业是否应该承担超药品说明书用药导致纠纷的民事责任,并引用法条加以阐释。结论：在医务人员正确履行规定义务的情况下,医务人员不需要承担超药品说明书用药引发纠纷的责任,药品生产企业则应当为此而承担相应的民事责任。     

Factorial analysis of risk matrix 2000 on an Italian sample of sexual offenders

ABSTRACT

In order to assess the internal structure of Risk Matrix 2000 in an Italian sample of 308 adult males convicted for sex abuse, a principal component analysis with Promax rotation was performed. The results identified a structure with three factors that explained 53.8% of the total variance: the first factor concerned items referred to the criminal career of the offender; the second factor concerned the age of onset in committing crimes; the third factor was more strictly related to the offenders' attitude towards the sex crime/s, and reflects the aggravating items of the S scale. These results allows us to have the first validated tool on an Italian sample for assessing the level of risk for recidivism.     

Predictive Validity of the SVR-20 and Static-99 in a Dutch Sample of Treated Sex Offenders

In this retrospective study, the interrater reliability and predictive validity of 2 risk assessment instruments for sexual violence are presented. The SVR-20, an instrument for structured professional judgment, and the Static-99, an actuarial risk assessment instrument, were coded from file information of 122 sex offenders who were admitted to a Dutch forensic psychiatric hospital between 1974 and 1996 (average follow-up period 140 months). Recidivism data (reconvictions) from the Ministry of Justice were related to the risk assessments. The base rate for sexual recidivism was 39%, for nonsexual violent offenses 46%, and for general offenses 74%. Predictive validity of the SVR-20 was good (total score: r = .50, AUC = .80; final risk judgment: r = .60, AUC = .83), of the Static-99 moderate (total score: r = .38, AUC =.71; risk category: r = .30, AUC = .66). The SVR-20 final risk judgment was a significantly better predictor of sexual recidivism than the Static-99 risk category.     

A Commentary on Ward and Stewart's Model of Human Needs

Abstract

It is often assumed that offenders employ socially desirable responding when completing self-report questionnaires, thereby invalidating such measures. The aim of this study is to examine the extent that sexual offenders employ socially desirable responding and the impact that socially desirable responding, as measured by the Balanced Inventory of Desirable Responding-6 (BIDR: 6, Paulhus, Journal of Personality and Social Psychology, 46, 598–609, 1984), has on self-report measures. The sample comprised 1730 adult males, all convicted and serving a sentence for a sexual offence. The entire sample had completed a set of self-report measures used to identify treatment needs, and examine progress in treatment. The results indicate that the extent of socially desirable responding is smaller than assumed, and its impact on a number of self-report measures is lower than expected. Furthermore, lower levels of risk of sexual re-offending were significantly associated with higher scores on the impression management subscale. We suggest that impression management should be viewed as more of a trait-like tendency rather than a validity check, and the use of this scale in determining whether or not to interpret other self-report instruments should be questioned. The present study also indicates that self-report questionnaires used with forensic populations may be accurate and valid. Implications for research and practice are discussed.     

The detection of sedatives in hair and nail samples using tandem LC-MS-MS

Drug screening methods were developed to detect alprazolam, clobazam, clonazepam, diazepam, midazolam, oxazepam, temazepam, triazolam, zopiclone, and selected metabolites in human hair and nail samples employing liquid-liquid extraction and tandem liquid chromatography-mass spectrometry (LC-MS-MS). Hair and nail samples were obtained from patients who had recently discontinued or were currently prescribed one or more of the targeted drugs. Prazepam was used as the internal standard for all compounds. Some components in the hair matrix gave the same transitions as some of the analytes but did not compromise the analyses because their retention times differed from those for the target compounds. The analytical run time was 8-10min. Results of the hair analysis of a DFSA victim are also presented.     

论精神病患者的自主用药权

由于我国目前尚无统一的精神卫生法,精神病人的权利时常不能得到保护。尤其是在治疗过程中,医生为给病人服药,通常采取强制、威胁等手段。这不仅会对患者的人身权益构成侵害,也侵犯了病人自主选择用药的权利。因此,在我国未来制定的《精神卫生法》中,关于精神病患者对于强制服药是否可以拒绝、其是否有能力选择用药、及医生对患者服药所应当遵守的程序等方面都应作出明确规定。     

The effects of visual priming on information processing in child sexual offenders

Abstract

Child sexual offenders are hypothesized to hold offence-supportive beliefs that set them apart from others. The current study seeks support for this view via a cognitive-experimental approach. Child sexual offenders and offender controls were exposed to pictures of semi-clothed children (priming condition) or clothed, mature adults (control condition). Participants then read ambiguous sentences describing children's actions that could be interpreted in a sexualized manner. Next, participants completed a surprise recognition test in which half the sentences were re-presented in an unambiguously sexual form, and half in an unambiguously non-sexual form. Contrary to hypotheses, primed and/or control child sexual offenders did not show a memory bias for sexualized sentences, suggesting that they did not interpret the original sentences in line with offence-supportive beliefs. Results raise questions about whether child sexual offenders universally hold abnormal beliefs that facilitate their offending. Results also highlight the need for further experimental research within this field.     

Towards a common framework for assessing the activity and associations of groups who sexually abuse children

Abstract

Extensive social psychological research emphasises the importance of groups in shaping individuals' thoughts and actions. Within the child sexual abuse (CSA) literature criminal organisation has been largely overlooked, with some key exceptions. This research was a novel collaboration between academia and the UK's Child Exploitation and Online Protection Centre (CEOP). Starting from the premise that the group is, in itself, a form of social situation affecting abuse, it offers the first systematic situational analysis of CSA groups. In-depth behavioural data from a small sample of convicted CSA group-offenders (n =3) were analysed qualitatively to identify factors and processes underpinning CSA groups' activities and associations: group formation, evolution, identity and resources. The results emphasise CSA groups' variability, fluidity and dynamism. The foundations of a general framework are proposed for researching and assessing CSA groups and designing effective interventions. It is hoped that this work will stimulate discussion and development in this long-neglected area of CSA, helping to build a coherent knowledge-base.     

Arbitrary decision making in the absence of evidence: an examination of factors related to treatment selection and recidivism for female sexual offenders

ABSTRACT

As criminal justice professionals are asked to assign risk levels and treat females who sexually offend, identifying risk factors for recidivism prediction and treatment targets is important. Although the majority of risk and treatment studies have focused on males, general female offender research and developing research with female sex offenders both provide some evidence for possible factors related to sexual offending behaviour in women. The purpose of this study was to explore what possible factors were related to treatment selection in a sample of 506 females serving prison sentences for a sexual offense, and, in turn, to examine which factors predicted non-sexual and sexual recidivism. Results demonstrated that exploratory variables were significantly related to treatment selection, as opposed to variables previously supported in research. Furthermore, living with a significant other for more than two years, and prior sexual offending arrests predicted sexual recidivism, while decreased age and treatment participation predicted non-sexual recidivism. These findings indicate that while similarities between male and female sexual offenders exist, females still demonstrate gender-specific risk factors.     

The impact of increasing vs. decreasing harassing behaviours on perceptions of hypothetical instances of repeated sexual harassment

ABSTRACT

Sexual harassment is a traditionally underreported crime. One factor that might affect perceptions and willingness to report harassment is its occurrence over time: harassing behaviours that gradually increase or decrease in severity over time might impact its perception. In the present research, 177 female participants read a series of daily scenarios about increasing, decreasing, or steady harassment, and completed measures regarding their perceptions of and willingness to report it. Participants displayed increases and decreases in negative reactions as harassment increased and decreased, respectively, suggesting that each instance of sexual harassment is interpreted independently of earlier harassing behaviours, and that early, strongly harassing behaviours have little impact on how subsequent instances of harassment are perceived. This explanation is supported by the similar ratings in the midpoint (day 4) of the scenario series, regardless of whether harassment was increasing or decreasing.     

The development and initial testing of the AIM2 framework to assess risk and strengths in young people who sexually offend

Abstract

This paper describes the AIM2 assessment framework and the process of its development and initial testing. AIM2 is used to assess areas of concerns and strengths of young people. Some preliminary analysis is described, including the correlation of assessment items, their ability to discriminate between cases, their inter-rater reliability and a small-scale recidivist study. These analyses were used to develop AIM2. Results from the recidivist study identified a particular set of concern and strength factors associated with recidivism in the sample. We conclude that the inclusion of strengths-related items are important to consider as protective factors when assessing the risk of further sexually abusive behaviours. Limitations and future directions of AIM2 are also discussed.     

The Sexual Violence Risk-20: factor structure and psychometric properties

Although the Sexual Violence Risk-20 (SVR-20) is widely used, its psychometric properties have only been investigated in a limited number of studies. This study explored the factor structure of the SVR-20 and examined its psychometric properties. Confirmatory factor analysis (CFA) was used to examine the fit of the original three-domain model of the SVR-20. The CFA showed that the original structure was not satisfactory. Exploratory principal components analysis (PCA) was conducted in search of a more optimal factor structure. Psychometric properties (i.e., internal consistency, predictive value, and convergent validity) of both the original domains and alternative factors were investigated. The PCA and subsequent CFAs pointed in the direction of an alternative, more optimal three-factor solution. The three alternative factors were labeled as Antisociality, Sexual deviance, and Problematic thinking and produced better internal consistency coefficients than the original domains. However, the validity of the SVR-20 was modest and no evidence was found indicating that the alternative factors were better in this regard as compared to the original domains. Despite the overall superiority of actuarial measures in predicting recidivism, the structured professional judgment of the SVR-20 proved to be more predictive of sexual, violent, and general recidivism than its actuarial scoring method.     

Childhood attention deficit hyperactive disorder (ADHD) symptoms and adolescent female sexual victimisation: mediating and moderating effects of risky behaviours

Abstract

The mediating effects of risky behaviours on the linkage between childhood attention deficit hyperactive disorder (ADHD) symptoms and adolescent sexual victimisation in college women were examined using structural equation modelling (n=374). The moderating effects of timing onset of risky behaviours were also examined. General risky behaviour was not a significant mediator. Rather, findings supported a specificity hypothesis suggesting risky sexual behaviour is a better explanation of the ADHD symptoms–sexual victimisation association than is general risky behaviour. Early onset of alcohol or marijuana use, consensual sexual activity and staying out all night interacted with childhood ADHD symptoms to increase general risky behaviour and sexual risk-taking. We conclude that to understand the risk for sexual victimisation in adolescent females with childhood ADHD symptoms it would be advisable to focus specifically on sexual risk-taking.     

Risk of sexual recidivism as a function of age and actuarial risk

Abstract

The study of risk for sexual recidivism has undergone substantial development in recent years. The foundation for advances in this area has been the use of actuarial measures to identify subgroups of offenders with different observed rates of sexual re-offending over time. An unresolved issue within this research area has been the moderating function of age in the assessment of risk. The current study examined sexual re-offending as a function of age and actuarial risk in a large sample of sexual offenders released from prison between 1990 and 2004. There was an overall decrease in the rate of sexual re-offending over the age of 50. However, a small group of offenders from the higher actuarial risk categories of the older age groups continued to re-offend at higher rates than their lower-risk peers.     

A cognitive-based indicator of deviant sexual interest: Concurrent validation of the Stroop task

ABSTRACT

One of the strongest predictors of sexual recidivism is sexual deviance [Hanson, R. K., & Bussière, M. T. (1998). Predicting relapse: A meta-analysis of sexual offender recidivism studies. Journal of Consulting and Clinical Psychology, 66, 348–362. doi:10.1037/0022-006X.66.2.348]. Phallometric testing, the most commonly used method of assessing sexual deviance, has elicited methodological and ethical criticisms, while self-report is vulnerable to social desirability and poor insight. To overcome these limitations, researchers have utilised cognitive measures, including a modified Stroop task, to measure deviant sexual interests among sex offenders using victim selection as a comparison measure. However, the results have been inconclusive. The current study explored the validity of the modified Stroop task as a measure of deviant sexual interest among a non-offending sample of 570 females and 223 male participants, using self-report as the comparison measure. The results indicated a significant gender difference in concurrent validity; there was a significant relationship between self-reported deviance and deviant word Stroop performance for male but not for female respondents, suggesting the Stroop is a viable option for assessing sexual deviance among males. Implications of these findings are discussed relative to sexual recidivism risk assessment.     

体液中常见滥用药物的系统筛选分析

本文建立了体液中常见滥用药物的筛选分析体系.尿液或血液经固相萃取(SPE)或液提取(LLE)后,直接用GC/NPD分析或经TFA、BSTFA衍生化后用GC/MS分析.方法适用于同时分析甲基苯丙胺、MDMA、度冷丁、去甲度冷丁、曲马多、美沙酮、EDDP、可卡因、苯甲酰芽子碱、可待因、安定、氯丙嗪、吗啡、单乙酰吗啡等十四种常见滥用药物及代谢物.SPE法和LLE法回收率分别为66～102%和50～86%,最低检出限为2-5ng/ml尿.涉毒案件的鉴定应用表明该分析方法简便、快速、可靠.     

Factors associated with contact child sexual abuse in a sample of indecent image offenders

Abstract

This study explored a sample of 244 UK adult male offenders convicted of offences involving indecent images of children (IIOC): 120 had a previous contact child sexual offence (defined as dual offenders) and 124 had no evidence of an offence against a child (defined as non-contact offenders). Offender groups were compared regarding their socio-demographic characteristics, previous convictions and IIOC possession. Key discriminatory factors that differentiated dual offenders were: access to children, previous offence history, sexual grooming and possession of IIOC that depicts similar-aged victims. In contrast, non-contact offenders could be identified from their greater amount and wider range of IIOC possession. The results suggest a homology between Internet behaviours, IIOC possession and victim selection. Implications for law enforcement agencies are discussed in terms of assisting investigative prioritisation by identifying those most at risk of committing sexual abuse against children.     

回溯与前瞻——女性性自治权的刑法保护

性侵犯罪的历史是一个从财产到权利的演变过程,从性侵犯罪的沿革来看,刑法对于性自治权的保护呈上升趋势,侵犯性自治权犯罪的起刑点在不断降低。我国刑法在性侵犯罪中仍然存在对女性的歧视,这不符合国际公约的标准。当前,应当进一步降低性侵犯罪的入罪起点,将婚内强奸、疏忽性侵犯规定为犯罪,同时设立新的同意标准。