A comparison of seclusion rates between intellectual disability and non-intellectual disability services: the effect of gender and diagnosis

Introduction: The use of seclusion as a means of managing the extreme behaviours forensic patients in secure settings is a controversial yet often common practice, despite there being little evidence that seclusion as a practice has any significant therapeutic value for the patient. The aim of this study was to explore the use of seclusion and whether this differs as a function of gender and diagnosis across secure services. Method: This study collated data from 11 medium and low secure hospitals that admit male and female patients, with some services providing services for patients with intellectual disability (with or without co-morbid disorders), and others for patients with mental illness and/or personality disorder only. Results: Both gender and diagnosis were associated with differential seclusion rates. Seclusions were three times longer for patients in the non-ID compared to the ID service. Male seclusions (for any diagnosis) were around twice as long as those in female services. Female ID patients spent significantly less time in seclusion compared to other groups. Female ID was associated with two to three times the number of seclusion events per patient compared to other groups. No statistically significant association between the type of service and the reason for a patient being secluded. Conclusions: A range of organisational factors that determine the use and duration of seclusion are cited and merit further exploration. High rates of psychiatric co-morbidity and the complexity of patients admitted to services may also mediate risk and use of seclusion. The study supports the use of early intervention techniques and the adoption of positive behaviour support.     

The Promised Land: A Study of Trafficking in Women from Central and Eastern Europe to the Netherlands

This study on trafficking in women from Central and Eastern Europe explores the contextual factors, the characteristics, and the motivation of victims as well as the methods of traffickers. A combination of rational choice theory, strain theory and social control theory forms the theoretical framework of our research. Based on information from experts in the field, interviews with victims, questionnaires, a study of dossiers and a search of the literature, we developed a typology of victims, which may be helpful for prevention and law enforcement.     

Driving and the combined use of drugs and alcohol in The Netherlands

The extent and nature of the use of medicinal drugs by drivers who had undergone a blood test on suspicion of driving under the influence of alcohol was ascertained by analysing some 40,000 case records in which the suspect had been questioned about the use of drugs. No chemical analyses were performed. 9.7% of the road users indicated that they used drugs in combination with alcohol, and more than 50% of the drugs used must be considered to have a negative impact on driving performance. The influence of the combined use of benzodiazepines and alcohol on behaviour was also investigated. The finding here was that drivers using these drugs should be warned against the consumption of alcohol.     

Forensic cases involving the use of GHB in The Netherlands

In this study, forensic cases involving the use of Gamma Hydroxy Butyric acid (GHB) from the second half of 1999 through the second half of 2001 in The Netherlands (blood >5mg/l and urine >10mg/l) are described. GHB was analysed by GC-MS after lactone formation and using GHB-d6 as internal standard. The results are divided into three groups: cases of chemical submission, cases of driving under the influence and cases of unknown causes of death.GHB was found in six cases of possible chemical submission. In these cases, relatively low concentrations of GHB were found. The results show that in cases of chemical submission, urine should be analyzed, because GHB is present longer in urine than in blood. The police should collect the samples in containers that do not contain citrate as anticoagulant. Especially at low levels of GHB, the formation of GHB in these tubes hampers an interpretation of the results.GHB was found in 13 cases of driving under the influence. In contrast to the cases of chemical submission, high concentrations of GHB were found, corresponding with observations of extreme sleepiness or temporary loss of consciousness.GHB was found in 16 cases of unexplained death: the measured range of GHB concentrations in blood might correspond to effects such as drowsiness, but not to serious toxicity of GHB. In 4 of these 16 cases, the role of GHB could be excluded. In the remaining cases, the role of GHB remains unclear; more research into "background" concentrations of GHB in post-mortem material is required.The incidence of the use of GHB in The Netherlands cannot be derived from these toxicological data. As GHB is not routinely found during systematical toxicological analyses, these data may seriously underestimate the use of GHB. Therefore, information from the police to the forensic institute is essential.     

A case of extreme agitation and death after the use of mephedrone in The Netherlands

A 36-year old man, having injured himself severely by smashing windows in a rage of fury, was arrested by the police. He died despite resuscitation attempts. The forensic autopsy showed many superficial skin lacerations, bruises and minor brain swelling, but there was no definitive cause of death. Toxicological analysis showed a high concentration of mephedrone in femoral blood (5.1mg/L) and traces of cocaine, MDMA and oxazepam. The remaining dose of mephedrone in the stomach contents was estimated at 113 mg. Tablets that were found in the house of the deceased also contained mephedrone. We attribute this man's death to a fatal oral intake of mephedrone, which probably led to a state of excited delirium. This was aggravated by blood loss from multiple wounds.     

The beginning of university entrepreneurship in Japan: TLOs and bioventures lead the way

Following reforms between 1998 and 2004, Japan’s technology transfer system closely resembles the U.S. Bayh-Dole system. Numbers of TLO patents and licenses and numbers of startups are respectable compared to U.S. numbers shortly after enactment of Bayh-Dole. However, capabilities of TLOs vary, average royalties are low, and business prospects for most startups seem limited. In contrast, joint research with companies is increasing rapidly. Most joint research inventions are jointly owned giving the companies an automatic de facto, non-transferable, royalty-free and license. Data from one university show a large proportion of engineering and materials/chemistry inventions are attributed to joint research with large companies, thus limiting opportunities for startup formation and licensing to other small companies. (In biomedicine, pre-emption of discoveries by joint research is less.) Pre-emption of university discoveries (often publicly funded) under joint research agreements recreates the pre-reform system, where corporate donations also enabled pre-emption of discoveries. Like the old system, the new system is advantageous to established companies. Strengthening the formal system (including programs to assist startups) may redress this balance and give Japan the benefits of both types of technology transfer systems.

非政府间国际组织规则之国际法意义——都灵冬奥会反兴奋剂法律冲突引发的思考

都灵冬奥会的反兴奋剂法律冲突产生于东道国法律与国际奥委会规则的不同规定。本文通过对该法律冲突解决的分析,肯定了非政府间国际组织的国际法地位,并在此基础上,探讨了非政府间国际组织规则的国际法意义。     

The legalisation of euthanasia in the Netherlands: lessons to be learnt

The euthanasia debate has been re-ignited by the decision of the Dutch Parliament to legalise the practice. This will make the Netherlands the first nation in the world to legalise euthanasia. This paper explains the key aspects of the legislation and considers whether it provides a viable model for reform.     

Italian mafias in Europe: between perception and reality. A comparison of press articles in Spain,Germany and the Netherlands

This study analyzes the representation of the Italian mafias (Cosa Nostra, Camorra and 'Ndrangheta) in a purposive sample of Spanish, German and Dutch newspaper articles between 2000 and 2013. The main aim is to understand how Italian mafias are perceived abroad, and particularly in Europe. The analysis shows that the Italian mafias attracted much European interest in recent years and that this interest is related to specific events. The 'Ndrangheta received significant attention in Germany, while the Camorra is prevalent in Spain. Cosa Nostra records a low amount of domestic attention in the three countries under consideration. Here, the Sicilian mafia is sometimes referred to as a synonym or a definitional term to describe other criminal organizations or criminal methods. More in general, Italian mafias abroad are frequently described as a foreign problem.     

意义与功用的纠葛——简论作为法学“元理论”的法理学

法理学是对法律现象的总体性研究,这种总体性也决定了法理学总是不断地向“元问题”溯归。中国法学要获得长足发展,必须“守住理论”,这是由法理学的内在批判性决定的。     

国际礼法观:清代中国的朝贡与条约

朝贡与条约并不是平行无关也不是绝然对立,其背后是中华天下礼秩序与欧洲国际法秩序两种国际秩序之间在整个清代中国从接触碰撞到互动博弈,再到渗透兼容的漫长过程。清代中国最初在传统朝贡之外曾与俄国缔结的平等条约并未对中华天下礼秩序造成实质性影响;道咸年间因战败与列强加速缔结了各类不平等的条约、同光时期“有约国”逐步取代“朝贡国”,致使中国丧失“华夷”话语,中华天下礼秩序土崩瓦解。然而,中华天下礼秩序的道义精神却消融于欧洲国际法秩序的强力扩张中,在清末中国形成了义力并举的国际礼法观,进而催生了不平等条约概念,推动了国际法秩序在全球范围内的发展完善。     

行政诉讼中的事实审与法律审

行政诉讼中的事实,审查与法律审查的范围和力度等问题,在理论上和实践中一直未得到很好的解决。笔者认为,症结在于学术研究与实际应用之间的矛盾以及理论与实践的冲突。寻求两者之间科学合理的划分标准,发现其中的模糊区域,发挥司法能动性,以及建构司法审查模式,具有重要的理论价值和实践意义。     

欧盟合同法律适用制度的演进

欧共体于1980年通过的<合同之债的法律适用公约>(以下称<罗马公约>或<公约>),统一了各成员国的合同法律适用规则,在一定程度上减少了由当李人作法院选择的几率.但是,经过20多年的实践,<公约>本身的立法形式及一些具体条款已表现出诸多不足.本文拟根据欧盟委员会公布的<关于将1980年＜合同之债的法律适用公约＞转换为共同体立法及其现代化的绿皮书>(以下称<绿皮书>)和<合同之债的法律适用条例议案>(以下称<罗马条例I议案>)这两个重要文件,对<公约>各条款的不适应性进行分析,并介绍其解决这些问题的思路.     

视频监控系统在犯罪侦防中的运用及其法律问题

在犯罪问题复杂化与警力资源相对有限的背景下,利用视频监控系统预防与侦查犯罪已经成为许多国家采取的策略。在犯罪预防领域,视频监控系统的运用得到了日常活动理论、理性选择理论、情境犯罪预防、新机会理论、犯罪被害理论与死角理论等学说的支持;在犯罪侦查领域,透过视频监控系统的实时监控与影像存录功能,侦查部门的战斗力得到显著提高。与此同时,视频监控系统在犯罪侦防中的运用也引发了一系列法律问题,故有必要遵循一定的法律原则,以法律规范视频监控系统的正确运用。     

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe

This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

The regular article tracking developments at the national level in key European countries in the area of IT and communications – Co-ordinated by Herbert Smith LLP and contributed to by firms across Europe

This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and Briefing Notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

The regular article tracking developments at the national level in key European countries in the area of IT and communications – Co-ordinated by Herbert Smith LLP and contributed to by firms across Europe

This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal's feature articles and Briefing Notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.