刍议卫生行政执法裁量权

当今卫生行政执法工作中存在大量裁量权不当行使甚至裁量权滥用的现象,而对于卫生行政执法领域的裁量权却难于查找到权威的理论依据。因此,对于卫生行政执法裁量权的理论研究极具价值。     

Police officer attitudes and use of discretion in situations involving the mentally ill. The need to narrow the focus

Research to date has very effectively highlighted the fact that the mentally ill are vulnerable to systematic criminalization. The reasons cited for this range from decreasing mental health resources, to restrictive civil commitment statutes, to increased numbers of mentally ill citizens in the community as a result of deinstitutionalization. However, the research has also shown that the presence of a criminalization phenomenon is not yet generalizable. The prevailing research emphasizes a macro-level approach, using either archival data or large groups of police-citizen contacts without regard for factors intrinsic to the police-citizen exchange. This article examined two such variables (police-citizen contact type and police officer type) to illustrate the need to narrow the focus in the research. We contend that our emphasis moves the criminalization debate forward and helps provide a more comprehensive understanding of the interaction between the police and the mentally ill. Further, we submit that by controlling for these two variables, research findings will more likely be generalizable and replicable.     

Assault in prison and assault in prison psychiatric treatment

Studies have described measures associated with assault in the community, but few have identified measures associated with assault in prison or prison psychiatric treatment. In this study, prison assault histories and assaults while in prison psychiatric treatment for 222 randomly selected male inmates were evaluated. Using record reviews, interviews, neuropsychological, Rorschach, and psychopathy measures, risk factors for assault in prison and in prison psychiatric treatment were identified. Youth Authority placement, inhalant use, antisocial lifestyle, neurological injury, neuropsychological impairment, and higher PCL-R Factor II ratings were associated with assault in prison. Absence of major mental disorder, neurological impairment, or psychotic thinking, but presence of psychopathy was associated with assault in prison psychiatric treatment. In identifying risk for violence, the importance of (1) the context in which violence occurs; (2) the need for clear admission criteria for prison psychiatric treatment; and (3) the need to develop risk assessments that are specific to prison environments are emphasized.     

The presentation of self in everyday prison life

Today, Italian prisons are reporting the highest level of overcrowding ever recorded. In reference to this situation, this article proposes an ethnographic study carried out inside the prison of Padua as a voluntary 2 years’ experience. It documents the values and conventions that convicts share in prison and details the ways in which prisoners constantly construct and adapt to an informal conduct’s rule system, the inmate code. It also illustrates the interactions among fellow prisoners as scenes or plays enacted by various teams. The prisoners’ words reveal a complex universe based upon three basic conditions: loyalty, discipline and circumspection. Finally, we argue about the fading of the distinction between the prison front stage and the back stage and we analyse the possible consequences.     

Psychiatric history,due procedural safeguards,and the use of discretion in the criminal justice process

Using a stratified random sample of all male inmates released from one state's correctional facilities during a 13-month period (N = 550), this research investigates the impact of an extralegal variable (history of psychiatric hospitalization) on decisionmaking in stages in the criminal justice system at which defendants are granted more and fewer due procedural safeguards. On the basis of the work of Goffman and Green, it is hypothesized that this variable will not equally affect decisions made at various points in the criminal justice process. Instead, psychiatric history will have less impact at points in the process where the defendant is granted more due procedural safeguards (e.g., sentencing), with its significance increasing where the defendant receives fewer due procedural safeguards (e.g., parole). The results are consistent with the hypothesis: A history of psychiatric hospitalization was not significant in the decision regarding sentence length, though it became highly critical in the decision to parole, even after other legal and extralegal variables were controlled. The context in which these decisions are made may also be relevant to a fuller understanding.     

行政裁量的本质论与运行论

行政裁量是现代行政任务和行政功能变化的产物,其目的在于追求个案的正当性,减少立法成本,促进行政效能。从本质上看,行政裁量是一种行政机关的单方意思表示,是行政机关对法律效果的自由选择行为,从而与作为判断权范畴的不确定性概念相区别。由于行政裁量所包含的“主观意志性”的非理性因素极容易导致行政裁量权被滥用,为此,现代国家设计了各种规则和制度将其纳入到一定的框架之中,以实现行政法治理性。     

浅谈卫生行政执法中自由裁量权的控制

行政自由裁量是现代行政法的核心问题,它就像一把双刃剑,用的好能够实现个案正义;用的不好会极大侵害相对人的合法权益。随着公众法律意识的不断提高,要求行政机关的管理水平不断进步,不仅要求作出的具体行政行为要具有合法性,也要有合理性。卫生行政部门担负着大量的日常执法工作,自由裁量权等得到了大量的运用。本文将从行政自由裁量权、自由裁量权存在的必要性以及卫生行政执法中自由裁量权控制等方面,简单阐述对行政自由裁量权的一些看法。     

美国监狱的教育——斯拜克岛的福特·米切尔监狱

教育是所有监狱的中心工作,其主要目的是:尽可能象社区那样提供相同或近似的教育机会.我们在教育自愿的情况下采取成人教育的模式让学生自主选择并让他们有责任感;课程都以学生为中心并针对"做个完人"的需要而设的.     

The relationship of stress, impulsivity, and beliefs to drug use severity in a sample of women prison inmates

There is a paucity of research examining substance abuse issues among women prisoners. This study explored relationships between perceived stress, impulsivity, and beliefs in the efficacy of drugs as these variables pertain to self-reported drug use severity. Women prisoners (N = 100) participated in structured face-to-face interviews based on established research instruments. Although there was no significant correlation between demographic characteristics and substance use severity, positive relationships were found between substance use severity, perceived stress, impulsivity, and beliefs. A multiple linear model was estimated regressing drug use severity on beliefs, impulsivity, and perceived stress. Only the measures of beliefs and impulsivity were significant correlates of drug use severity. Implications are discussed for prison substance abuse programming and future research.