Developments in pharmacists' disciplinary processes and outcomes

Pharmacy disciplinary processes and outcomes protect consumers by deterring pharmacists from unacceptable practices and maintaining the reputation and standing of the pharmacy profession. It is important that pharmacists are informed of disciplinary processes and outcomes in order to predict what is regarded as unacceptable behaviour and the potential consequences thereof. Disciplinary procedures and outcomes also play an important role in maintaining public trust in the pharmacy profession and it is therefore important that the public has confidence in the disciplinary structure. The outcomes of pharmacy disciplinary cases that reflect the patient care role of pharmacists are particularly important in helping to determine pharmacists' changed professional responsibility and potential legal liability in the provision of these patient care services.     

Social support and inmate rule violations: A multilevel analysis

Social support theory is important in explaining inmate behavior within prison but has been largely ignored in the research. Using multilevel analysis, the study examined the effect of social support on inmate misconduct measured by disciplinary infractions in the 1997 Survey of Inmates of State Correctional Facilities in the United Slates. Findings indicate that several social support variables at both the inmate level and prison level affect inmate rule violations per month.     

Examining the Use of Disciplinary Segregation within and across Prisons

Prison officials have historically been afforded considerable discretion to administer sanctions designed to maintain order and security within a prison. Such discretion can generate disparate treatment of offender groups, but few studies have investigated whether sanction disparities exist within prisons, despite considerable research on sanctioning decisions made by other criminal justice actors. We use data collected from a nationally representative sample of inmates housed in state operated confinement facilities to examine potential influences of prison officials’ decisions to impose one type of sanction—disciplinary segregation. Multi-level analyses reveal that both legally relevant criteria such as prior misconduct history and extralegal factors such as age and holding a prison job affected whether an inmate was placed in disciplinary segregation for a rule violation. Also, prisons in which a greater proportion of the inmate population is involved in prison work and prisons with a higher density of inmates classified minimum-security use disciplinary segregation less frequently.     

凯尔森的国际法治理论及其现实意义

随着全球化程度的不断深入,对和平与安全的期盼使得国际法治成为国际社会的理想与目标。为了建立以和平为目标的国际法律秩序,凯尔森提出了国际法治理论,即通过有强制管辖权的国际法院和确立个人违反国际法的责任来构建世界和平。本文将以此为基础,探讨凯尔森的国际法治理论对国际刑事秩序法治化所具有的现实意义,分析国际刑事法院在实现国际刑事法治化过程中面临的政治制约因素,以期国际刑事法治和国际法治的进一步完善和发展。     

Improving the exclusionary rule: A remedial education model

This article reviews the United States Supreme Court decisions on the rationale for the exclusionary rule and numerous law review articles suggesting changes in the rule. A new model is proposed to dovetail with the rule. The courts would participate in developing a compendium of rules and regulations for officers to follow in order to protect constitutional rights. Evidence would continue to be excluded if it were illegally seized in a bad faith. All officers who violate constitutional rights would be subject to remedial education. Supervisory officers and training personnel would also be responsible for the violations committed by line officers. Violations of constitutional rights would be considered when promotions and other personnel decisions are made. Lastly, the victim would be compensated by the governmental agency employing the offending officer with the agency seeking reimbursement from the employee.     

In-house or in court? Legal challenges to university decisions

Every day, decisions are made in universities that affect students. When a decision adversely affects a particular student, what means of redress does that student have? The circumstances in which a student has a legal claim against their university are generally unclear. Courts have traditionally tended to draw a distinction between ‘purely academic’ decisions and disciplinary decisions. There has been reluctance on the part of courts to intervene in non-disciplinary decisions which involve academic judgment, for example, the grade to be given to a student's work. On the other hand, where the decisions are purely disciplinary, for example, in relation to a student's behaviour towards others or towards university property, the courts have made it clear that there is essentially no difference between this and disciplinary matters within any other public institution or organization. However, disciplinary decisions that are connected with allegations of academic misconduct, for example, cheating and/or plagiarism, have been more problematic for the courts. Historically, the debate was whether any such decision was justiciable in public law. Recently the question has also been whether an aggrieved student may succeed in a private law action against a university. The legal issues raised by university decisions affecting students have not yet been clearly resolved in all jurisdictions. Indeed, in some cases, judges have raised many more questions than they have answered. This article will review the framework for legal challenges to university decisions against a background of recent judicial attitudes in Australia, New Zealand, the UK and the US.     

Predicting troublemaking offenders: A discriminant analysis

Violence, attempted escapes, thefts, persistent rule violations, and other extreme forms of maladaptive prison behavior have created problems for correctional authorities since congregate confinement became the watchword in American corrections. The evolution of prisoner classification programs has aided prison administrators in their attempts to recognize potential behavioral problems but the subjective nature of a number of state classification models has resulted in a continuous wave of litigation and fiscal constraints. The objective of this paper is to provide a prediction model to assist in the classification of adult prisoners. Data on all members of the Georgia adult, male prison population from 1971 to 1978 were used as a baseline. A sample was chosen from inmates in long-term disciplinary segregation whose files contained all necessary demographic, psychometric and judicial variables. A discriminant analysis of these two groups identified 14 variables which correctly assigned inmates in 85% of the cases. The predictive variables include both demographic and personality characteristics.     

Punishment within Prison: An Examination of the Influences of Prison Officials’ Decisions to Remove Sentencing Credits

Despite considerable research directed toward understanding the factors that affect punishment decision‐making leading to imprisonment, few studies have examined the influences of punishment decisions within prisons. Punishment decisions made within prisons can affect an individual's liberty during their imprisonment and/or the timing of their release from prison if the punishment results in the loss of sentencing credits or influences parole decision‐making. Moreover, if punishment disparities result from these decisions, then some offender groups may endure a greater loss of liberty relative to others. In this study, we examine the factors that influence prison officials’ decisions to remove sentencing credits in response to prison rule violations. Analysis of collected data from a Midwestern state prison system reveal that prison officials are primarily influenced by the seriousness and type of the rule violation, along with an inmate's violation history. Other relevant factors include those proximately connected to an inmate's risk of subsequent misbehavior such as gang membership and those that are linked to practical consequences and constraints associated with the organizational environment and particular inmates such as the proportion of their sentence an inmate has served and whether an inmate has mental health problems.     

Picking battles: Correctional officers,rules, and discretion in prison

To outsiders, prisons vacillate between visions of regimented order and anarchic disorder. The place of rules in prison sits at the fulcrum between these two visions of regulation. Based on 131 qualitative interviews with correctional officers across four different prisons in western Canada, we examine how correctional officers understand and exercise discretion in prison. Our findings highlight how an officer's habitus shapes individual instances of discretionary decision‐making. We show how officers modify how they exercise discretion in light of their views on how incarcerated people, fellow officers, and supervisors will interpret their decisions. Although existing research often sees a correlation between “rule‐following” by incarcerated individuals and official statistics on such misdeeds, our data highlight that official statistics on rule violations do not easily represent the rate or frequency of such misbehavior. Instead, these numbers are highly discretionary organizational accomplishments. Our findings advance an appreciation for correctional officer discretion by focusing on the range of factors officers might contemplate in forward‐looking decisions about applying a rule and how they rationalize the nonenforcement of rules.     

An Economic Analysis of State and Individual Responsibility Under International Law

The international law of state responsibility determines whenstates are liable for international law violations. States aregenerally liable when they have control over the actions ofwrongdoers; thus, the actions of state officials can implicatestate responsibility whereas the acts of private citizens usuallydo not. We argue that the rules of state responsibility havean economic logic similar to that of vicarious liability indomestic law: the law in both cases provides third parties withincentives to control the behavior of wrongdoers whom they canmonitor and influence. We also discuss international legal remediesand individual liability under international criminal law.     

Justice by Gender: Understanding the Role of Gender in Disposition Decisions Involving Out of Home Placement for Juvenile Offenders

Although several studies have examined the differences in sentencing decisions by gender for adult offenders, a limited amount of research on the role of gender in the post-adjudication disposition determination exists for juvenile offenders. Specifically related to the role of gender and the rate of incarceration, previous research has developed a commonly accepted consensus that female juvenile offenders are often detained pre-adjudication for less serious offenses than their male counterparts. This article evaluates the results of previous studies regarding the role of gender in disposition decisions, and the process of bootstrapping juvenile offenders into incarceration. This study examines whether the role of gender and the process of bootstrapping results in similar gender bias decisions in post-adjudication dispositional decisions as has been demonstrated by previous literature for pre-adjudication detention decisions. The results of the study indicate that there is no empirical support to indicate that gender plays a role in the post-adjudication decisions resulting in out of home placement or incarceration. In fact, the main effect of the study indicates that females are actually less likely to be removed from their home and placed in residential care as a condition of their post-adjudication disposition than their male counterparts. These findings suggest that the differences in the level of the adjudicated offense accounted for more of the variance in disposition decisions than that of gender. Thus, this study found little support for the increasing argument for the sex stratification of theories of delinquency.     

非法证据排除规则的逻辑重释与机制完善

我国非法证据排除路径在某种程度上呈现出规则限缩适用的趋势.通过非法证据排除规则来遏制非法取证行为与实现权利救济是当前该规则建构和运行的基本模式,但依据规则演化的形态特征及共性与个性问题,表明其适用现状并不乐观.目前非法证据排除规则存在着抉择上的双重冲突、样态上的二元割裂、救济上的双重忧虑等逻辑困境,这也决定了其逻辑起点...     

Impact of drug use on inmate misconduct: A multilevel analysis

Despite the importance of drug use problems among offenders, relatively little was known about whether drug use history affected inmate behavior in prison. Using data from the 1997 survey of inmates in state facilities in the U.S., this study examined the following relationships: the effect of drug use prior to incarceration on substance rule violations per month during incarceration and the effect of drug use prior to incarceration on non-substance rule violations per month in prison. This study revealed that the variable drug use history was a significant predictor of substance rule violations per month and of non-substance rule violations per month in prison. The implications of the findings are also discussed.     

How do disciplinary tribunals evaluate the "gut feelings" of doctors? An analysis of Dutch tribunal decisions, 2000-2008

A sense of alarm, which is a form of "gut feeling" sometimes plays a part in the decisions of medical disciplinary tribunals in The Netherlands. Since these judgments are regarded as setting standards for professional attitudes in The Netherlands, the question arises how Dutch tribunals have evaluated gut feelings, and how tribunals in other European countries deal with them. An exploratory study searched two Dutch digital databases (2000-2008) and asked 26 national representatives of the European General Practice Research Network for information about the role of gut feelings in tribunals' decisions. A sense of alarm was mentioned in judgments in 34 Dutch cases. Defendants were hardly ever reproached for missing the correct diagnosis, but mostly for not acting in a professional manner. The sense of alarm was referred to as a diagnostic tool to assess a patient's situation, although the judgments indicate that it must be followed by further diagnostic steps. The role of gut feelings in decisions of disciplinary tribunals in Europe is unclear. The authors conclude that the sense of alarm as a diagnostic tool has been taken seriously by Dutch tribunals. Its timely development is considered to be an element of the professional standards for doctors.     

Race,ethnicity, and prison disciplinary misconduct

It is well known that racial and ethnic minorities (both male and female) have felt the effect of increased incarceration more than Whites, and a large amount of prior research has investigated the factors that influence higher levels of inmate misconduct, including the influence of race/ethnicity. This body of research has produced mixed results. Using recent data from one of the largest state prison systems, this study sought to determine the level of racial and ethnic disparity in the commission of inmate misconduct. Results indicate that Black inmates were significantly more likely than other inmates to commit general rule violations, serious rule violations, and assaultive rule violations. Correlates of inmate misconduct and policy implications stemming from the findings are discussed.     

Legal mobilization in schools: the paradox of rights and race among youth

In this article, we analyze ethnoracial patterns in youth perceptions and responses to rights violations and advance a new model of legal mobilization that includes formal, quasi-, and extralegal action. Slightly more than half of the 5,461 students in our sample reported past rights violations involving discrimination, harassment, freedom of expression/assembly, and due process violations in disciplinary procedures. Students, regardless of race, are more likely to take extralegal than formal legal actions in response to perceived rights violations. Self-identified African American and Latino/a students are significantly more likely than white and Asian American students to perceive rights violations and are more likely to claim they would take formal legal action in response to hypothetical rights violations. However, when they perceive rights violations, African American and Asian American students are no more likely than whites to take formal legal action and Latino/a students are less likely than whites to take formal legal action. We draw on in-depth interviews with youth and adults—which we interlace with our quantitative findings—to explore the interpretive dynamics underlying these survey findings, and we offer several theoretical and methodological implications of our work.     

Outcomes of civil protective orders: results from one state

This study compares final sentencing decisions ordered by judges to federal and state sentencing guidelines for protective order violations. The authors reviewed violations that were pled before the largest district court in Utah and found that in the majority of cases, defendants were not sentenced in accordance with federal and state guidelines. Although state guidelines mandate defendants who violate a protective order to attend a batterer intervention program, less than one fourth of defendants were sentenced to attend such programs. Fewer than half of the defendants were arrested and incarcerated, as opposed to the 100% mandated by state sentencing guidelines. Federal guidelines mandate that all defendants be ordered to surrender firearms, but only six defendants were given that order. This study shows that the judicial system could be more aggressive in improving the safety of victims of intimate partner violence by using the full extent of the sentencing guidelines.     

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); TRICARE program; reimbursement--DoD. Proposed rule

This rule proposes to revise certain requirements and procedures for reimbursement under the TRICARE program, the purpose of which is to implement a comprehensive managed health care delivery system composed of military medical treatment facilities and CHAMPUS. Issues addressed in this proposed rule include: implementation of changes made to the Medicare Prospective Payment System (PPS) upon which the CHAMPUS DRG-based payment system is modeled and required by law to follow wherever practicable, along with changes to make our DRG-based payment system operate better; extension of the balance billing limitations currently in place for individual and professional providers to non-institutional, non-professional providers; adjusting the CHAMPUS maximum allowable charge (CMAC) rate in the small number of cases where the CMAC rate is less than the Medicare rate; and implementing the government-wide debarment rule where any provider excluded or suspended from CHAMPUS shall be excluded from all other programs and activities involving Federal financial assistance, such as Medicare or Medicaid, and adding violations of our balance billing or claims filing requirements to the list of provider actions considered violations of the TRICARE/CHAMPUS program.     

The Effect of Prior Youth Court Dispositions on Current Disposition: An Application of Societal-Reaction Theory

This paper tests hypotheses implicit in the societal-reaction perspective concerning the nature and pattern of the relationship between prior and current youth court dispositions. The dispositional stage is the most critical decision-making level which young offenders encounter in their contact with the youth court system. Previous research has produced inconsistent results in the attempt to determine which model or models of justice underlie dispositional decisions by youth court judges. Log-linear modeling is employed on 16,636 youth court cases in Canada in 1993/1994 to determine the nature and magnitude of the relationship between current and prior dispositions. The results indicate that prior youth court dispositions exert a significant impact on current dispositions, even when relevant variables are controlled. Evidence is found mainly of stabilization—the repetition of the same type of disposition—and also of escalation in dispositions. These findings provide support for the societal-reaction theory and possibly for the desert-based theory of sentencing.     

RULE OF LAW IN CHINA-- LEGISLATION REASONING AND ENFORCEMENT OF ANTI-MONOPOLY LAW IN CHINA AND THE WEST

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.