Sexual abuse by psychotherapists: the call for a uniform criminal statute.

Recent surveys show an alarming rate of sexual exploitation of patients by psychotherapists. As such conduct often falls outside the scope of rape, which allows a defense of consent, the psychotherapist is not prosecuted. Although all sexual contact between therapist and patient is prohibited by codes of professional ethics, the licensing boards that enforce these codes do not possess adequate power to deter this behavior. Further, professional review boards have absolutely no authority over unlicensed therapists who sexually abuse their patients. As a result, licensed therapists who have been censured in one state may practice as unlicensed therapists in another state and continue to sexually abuse patients. The only effective deterrent would be a uniform statute, adopted in all states, criminalizing this specific abuse of the unique therapist-patient relationship. Such a statute should include unlicensed therapists as potential offenders and consent to sexual contact should not be a defense. The statute also should provide for enhanced efforts to inform and protect victims. This Note first examines six of the nine criminal statutes that currently exist in order to show the full range of provisions presently in force to deter this conduct. This Note then proposes model provisions for a uniform statute.     

Accessing donor conception information in Australia: a call for retrospective access

Donor conception practices in Australia have left thousands of donor-conceived people, their families and gamete donors bereft of information. The lack of a nationally timeline-consistent approach to information access has driven these people to seek support and information from self-help groups, online communities and even their own DNA. This article examines the historical perspective of information access and how progress is being made through lobbying and public awareness. To determine the current status of information availability, fertility clinics around Australia were surveyed. It is argued that current practices continue to fail donor-conceived people, their families and gamete donors, and that until all donor offspring are afforded the right to know their genetic family history, they will continue to suffer discrimination, and potentially risk psychological and physical trauma.     

To act or not to act, that is the question: informed consent in a criminal perspective

Some years ago the doctor was seen as the one who "knows better", and it was absolutely unconceivable that the patient could refuse the suggested treatment or even ask any questions about it. Differently, nowadays doctors face demands to keep their patients informed and can even be sued when they act without patient knowledge and consent. On the patient's side this new paradigm does not necessarily legitimate euthanasia--still criminally forbidden in most parts of the world--but allows some kind of personal power over body, health and life, materialized in advance directives. On the doctor's side, it entails a change in the list of good medical practices, imposing the doctrine of informed consent and the prohibition of dysthanasia.     

38例精神分裂症患者凶杀行为研究

目的探讨精神分裂症患者的凶杀犯罪行为各个方面的特点. 方法对38例具有凶杀行为的精神分裂症患者,在心理学、生理学、社会学等各方面进行实例分析. 结果这些患者在犯罪动机、行为特点、犯罪工具、被害人等诸多方面与正常人的凶杀犯罪有明显的差异. 结论应加强对精神分裂症患者的诊治,普及精神卫生的知识,从而预防、控制犯罪.     

Effectiveness of the habitual offender act: An assessment of criminal histories

Habitual offender acts have been adopted by 43 states and are under consideration in the legislatures of others. These acts have been adopted with relatively little evaluation of the costs involved in the implementation of this legislation. This study seeks to evaluate the extent to which Alabama’s habitual offender statute captures serious career criminals. The results indicate that the differences between those in the prison population sentenced under habitual offender statutes and those sentenced under other statutes is not significant. There does appear to be support for the contention that the majority of prisoners have substantial criminal histories; however, it is noted that many have not committed a severe crime. The exaggerated claims for the number of crimes committed by “typical” offenders and resultant high costs of non-incarceration are examined and challenged. The authors suggest that the resources available to deal with offenders could be better invested in the development and testing of community-based programs designed to divert offenders from a life of crime rather than in programs which intervene after criminal histories are severe and which invoke life-long incarceration as a remedy. The authors wish to express their appreciation to the Alabama Department of Corrections for their assistance in this project.     

38例精神分裂症患者凶杀行为研究

目的　探讨精神分裂症患者的凶杀犯罪行为各个方面的特点。　方法　对 38例具有凶杀行为的精神分裂症患者 ,在心理学、生理学、社会学等各方面进行实例分析。　结果　这些患者在犯罪动机、行为特点、犯罪工具、被害人等诸多方面与正常人的凶杀犯罪有明显的差异。　结论　应加强对精神分裂症患者的诊治 ,普及精神卫生的知识 ,从而预防、控制犯罪。     

Gainsharing: a call for guidance

Gainsharing is a device by which hospitals and physicians share in the development, implementation, and proceeds resulting from the mechanisms to make the provision of healthcare more efficient and cost effective. The goal of gainsharing programs is to save hospitals money while maintaining the same or better quality of care--a goal that will ultimately result in both better care and lower expenses for payors and for society as a whole. Nevertheless, the OIG has ruled that gainsharing programs are per se illegal. This Article analyzes the reasons behind the OIG's determination and argues that, contrary to the OIG's conclusion, the advisory opinion process is legally and practically the best way to deal with the issues raised by gainsharing programs.     

An historical review of criminal abortion

Criminal abortion is rarely seen in modern Australia. This historical review examine cases seen in Brisbane during the period 1939 and 1947. Instrumentation or introduction of fluid into the uterus were the common causes of fatalities in this pre-penicillin era.     

Children's recall of emotionally arousing, repeated events: a review and call for further investigation

The influence, if any, of emotional arousal on memory is a controversial topic in the literature. Much of the research on memory for emotionally arousing events has focused on a few specific issues (e.g., differences in types of details recalled in emotionally arousing and neutral events; increasing ecological validity). Although gaining more recent attention, a neglected area in the literature has been memory for instances of repeated, emotionally arousing events. This issue has important implications for understanding children's ability to recall events in a forensic setting. We review existing findings on memory for emotionally arousing events in general and particularly in children, children's memory for events that occur repeatedly, and then discuss the scarce research on repeated emotionally arousing events and the need for further research in this area. We conclude that although it is clear that children are capable of accurately reporting arousing and repeated experiences, it is also apparent that circumstances both within and outside the control of investigative interviewers influence this ability.