Drunk and dangerous: a randomised controlled trial of alcohol brief intervention for violent offenders

To assess the effectiveness of an alcohol brief intervention administered to violent offenders in a judicial (Magistrates’ court) setting, a randomised controlled trial was conducted. Participants (n = 269) were men aged 16–35 years, who resided within a 30-mile radius of Cardiff, UK, and who had been sentenced for a violent offence committed whilst intoxicated with alcohol. Recruitment occurred on-site. Participants were randomly allocated to receive an alcohol brief intervention (n = 135) or to a control group (n = 134). Objective measures comprised re-offending and injury rates. Self-reported outcome measures comprised Alcohol Use Disorders Identification Test (AUDIT); number of drinking days in the past 3 months; total weekly standard units of alcohol; and stage of change with respect to alcohol consumption (as measured by the Readiness to Change Questionnaire). Participants were followed up 3 months (n = 234; 87%) and 12 months (n = 202; 75.1%) after sentence. No significant between-group differences were observed in any of the alcohol measures or in re-offending. Injury was significantly less likely in offenders who had received the intervention (27.4%) than those who had not [39.6%; 95% confidence interval (CI) = −0.23, −0.009]. At 3-month follow-up, significantly more participants in the intervention group (31%; n = 37) than control group (16%; n = 18) demonstrated an increase in their readiness to change drinking behaviour (χ² = 8.56; df = 2; P = 0.014), but this did not persist at 12-month follow-up.

From Poisson to the present: Applying operations research to problems of crime and justice

In the 1830s Siméon-Denis Poisson developed the distribution that bears his name, basing it on the binomial distribution. He used it to show how the inherent variance in jury decisions affected the inferences that could be made about the probability of conviction in French courts. In recent years there have been a number of examples where researchers have either ignored or forgotten this inherent variance, and how operations research, in particular mathematical modeling, can be used to incorporate this variance in analyses. These are described in this paper, as well as other contributions made by operations research to the study of crime and criminal justice.     

Examining the Behavior of a System: An Outcome Evaluation of a Coordinated Community Response to Domestic Violence

One goal of a coordinated community response (CCR) to domestic violence is to create an infrastructure that will facilitate systems-level, and ultimately societal-level change. This study evaluated whether a CCR implemented in two counties in Georgia would be effective at increasing criminal justice system sanctions for male domestic violence offenders (i.e., arrests, prosecutions, convictions, sentencing, and referrals to batterer intervention programs). Time series analyses revealed that, in both counties, there was a significant increase in arrests of male offenders; however, law enforcement agencies also arrested more women following the intervention. More men were sentenced to probation and to attend a batterer’s intervention program post-intervention in one county; in the second county, there was no change in these outcomes. Results highlight the importance of examining how a CCR may affect the behavior of criminal justice systems, especially in terms of the unintended consequences for women.     

Referrals to a mental health criminal justice Liaison and diversion team in the North East of England

There is growing interest in the health correlates of people detained in police custody, and a number of innovations have been introduced to try to meet the complex needs of detainees. The implementation of Criminal Justice Liaison and Diversion (CJL&D) Services commissioned by the Department of Health in England is a substantial part of this investment. In this paper, we describe data from 858 detainees who were referred to the CJL&D service of a busy metropolitan police station in the North East of England. The detainees referred to the service had complex mental health needs, substance misuse and a range of vulnerabilities requiring specific intervention. The effective operation of these teams and how they interface with health and criminal justice systems also depend upon a number of systematic issues that emanate both from within the teams, and from external policy drivers.     

刑罚轻缓、人权保障与《刑法修正案(八)》——以相关国际公约为蓝本的分析

对照《公民权利与政治权利公约》分析,《刑法修正案(八)》在死刑改革方面的进步值得肯定,但与公约要求的、逐步限制死刑适用以最终废除死刑的目标仍有距离;参照《北京规则》、《美洲人权公约》等分析,新修正案对未成年人、老年人犯罪适用刑罚增加了从宽处理的规定,实现了对弱者的人权保障,但该修正案在建立未成年人及成年人前科消灭制度等方面仍有不足;比照《东京规则》等国际公约分析,其以社区矫正入刑化为代表的非监禁刑之完善,体现了我国对国际公约相关要求的积极回应。     

The German Berufsgenossenschaften (institutions for statutory accident insurance and prevention): organisation, mandate and activities in the area of mental health

The present article first describes the institution of the German Berufsgenossenschaften (BGs, the institutions for statutory accident insurance and prevention) and their mandate. Besides rehabilitation and compensation, these comprise the prevention of occupational accidents and diseases, and work-related hazards. The main focus within the area of mental health is the prevention work, but rehabilitation and compensation within the German social insurance system in general, and with respect to mental health, will also be explained. Furthermore, the prevention-rehabilitation interface will be illustrated and the cooperation with the health insurance institutions will be described. In the second part, selected results of a survey regarding mental health and stress will be presented.     

Comments on Doug Husak: The Low Cost of Recognizing (and of Ignoring) the Limited Relevance of Intentions to Permissibility

Doug Husak frames a worry that makes sense in the abstract, but in reality, there is not much to worry about. The thesis that intentions are irrelevant to permissibility (IIP) is a straw man. There are reasons to think that the moral significance of intentions is not properly registered in criminal law. But the moral basis for criticism is not nearly as extreme as the IIP, and the fixes are not that hard to make. Lastly, if they are not made, some people may not get the punishments they deserve, and there will be some extra inequities in the criminal law as a result. But these inequities are not so great that change must be made now. The moral categories that are used may be too crude, but they are also familiar and easy to work with, and that counts for something.

Regulating (for the benefit of) future persons: a different perspective on the FDA's jurisdiction to regulate human reproductive cloning

The Food and Drug Administration (FDA) has taken the position that human reproductive cloning falls within its regulatory jurisdiction. This position has been subject to criticism on both procedural and substantive grounds. Some have contended that the FDA has failed to follow administrative law principles in asserting its jurisdiction, while others claim the FDA is ill suited to the task of addressing the ethical and social implications of human cloning. This Article argues, that, notwithstanding these criticisms, the FDA could plausibly assert jurisdiction over human cloning as a form of human gene therapy, an area in which the FDA is already regarded as having primary regulatory authority. Such an assertion would require that the FDA's jurisdiction extend to products affecting future persons, i.e., those not yet born. This Article demonstrates, for the first time, that such jurisdiction was implicit in the enactment of the 1962 Kefauver-Harris Amendments to the Federal Food, Drug, and Cosmetic Act and that the FDA has historically relied on such authority in promulgating regulations for drugs and devices.     

‘Customary internet-ional law’: Creating a body of customary law for cyberspace. Part 2: Applying custom as law to the Internet infrastructure

The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable to electronic transactions by adapting customary international law rules; apply the suggested rules for determining customary Internet norms and identify some existing practices that may amount to established norms on the Internet, specifically practices relating to the Internet Infrastructure and Electronic Contracting.     

Administrative simplification: adoption of a standard for a unique health plan identifier; addition to the National Provider Identifier requirements; and a change to the compliance date for the International Classification of Diseases, 10th Edition (ICD-10-CM and ICD-10-PCS) medical data code sets. Final rule

This final rule adopts the standard for a national unique health plan identifier (HPID) and establishes requirements for the implementation of the HPID. In addition, it adopts a data element that will serve as an other entity identifier (OEID), or an identifier for entities that are not health plans, health care providers, or individuals, but that need to be identified in standard transactions. This final rule also specifies the circumstances under which an organization covered health care provider must require certain noncovered individual health care providers who are prescribers to obtain and disclose a National Provider Identifier (NPI). Lastly, this final rule changes the compliance date for the International Classification of Diseases, 10th Revision, Clinical Modification (ICD-10-CM) for diagnosis coding, including the Official ICD-10-CM Guidelines for Coding and Reporting, and the International Classification of Diseases, 10th Revision, Procedure Coding System (ICD-10-PCS) for inpatient hospital procedure coding, including the Official ICD-10-PCS Guidelines for Coding and Reporting, from October 1, 2013 to October 1, 2014.     

Pulse Variations of a Conducted Energy Weapon (Similar to the TASER® X26 Device): Effects on Muscle Contraction and Threshold for Ventricular Fibrillation*

Abstract: Conducted energy weapons (such as the Advanced TASER X26 model produced by TASER International), incapacitate individuals by causing muscle contractions. To provide information relevant to development of future potential devices, a “Modifiable Electronic Stimulator” was used to evaluate the effects of changing various parameters of the stimulating pulse. Muscle contraction was affected by pulse power, net/gross charge, pulse duration, and pulse repetition frequency. The contraction force increased linearly as each of these factors was increased. Elimination of a precursor pulse from X26‐like pulses did not have a significant effect on the normalized force measured. Muscle‐contraction force increased as the spacing increased from 5 to 20 cm, with no further change in force above 20 cm of spacing. Therefore, it is suggested that any future developments of new conducted energy weapons should include placement of electrodes a minimum of 20 cm apart so that efficiency of the system is not degraded. In the current study, the 50% probability of fibrillation level of X26‐like pulses ranged from 4 to 5 times higher than the X26 itself. Relatively large variations about the X26 operating level were found not to result in fibrillation or asystole. Therefore, it should be possible to design and build an X26‐type device that operates efficiently at levels higher than the X26.     

Forensic Applications of the Miller Forensic Assessment of Symptoms Test (MFAST): Screening for Feigned Disorders in Competency to Stand Trial Evaluations

Forensic evaluations must systematically assess malingering and related response styles. In the criminal forensic domain, competency to stand trial evaluations are the most common referrals. Effective screens for feigned incompetency would be valuable assets for forensic evaluations. This study evaluates the effectiveness of the Miller Forensic Assessment of Symptoms Test (MFAST) as a screen for feigned incompetency. Using a simulation design, the MFAST was tested on jail and competency-restoration samples. Most notably, recommended MFAST cut score (6) was useful for the identification of feigning cases in competency evaluations. Recommendations for forensic practice, including the advantages and disadvantages of systematic screens, are discussed.     

The emergence of a group of four characters (Vāsudeva, Saṃkarṣaṇa, Pradyumna, and Aniruddha) in the Harivaṃśa: points for consideration

There are good reasons to think that Vāsudeva, Saṃkarṣaṇa, Pradyumna and Aniruddha already form a sort of implicit tetrad in the HV. The aim of this paper is to draw attention to often overlooked data related to this tetrad. (1) Upon first reading, the sequence of the HV episodes appears to be somewhat disconnected, and might lead one to conclude that no such grouping of these figures had as of yet taken place. Nevertheless, a closer look at the structure of the text makes it clear that these four characters are one of the main focuses of the narrator’s interest. (2) The relationships of these four heroes to one another and to other deities will be examined. In addition to their close kinship, these heroes with the exception of Aniruddha, are also said to be incarnations of other entities; thus the logic underpinning this grouping must be located at this other level. (3) Considered against the backdrop of the entire HV, one realizes that a basic pattern is established in which the presence of the goddess, under various names and functions, is required not only to facilitate Saṃkarṣaṇa’s and Kr̥ṣṇa’s births and actions on earth, but also the actions of Pradyumna and Aniruddha. In fact, neither Kr̥ṣṇa Vāsudeva, nor Saṃkarṣaṇa, nor Pradyumna nor Aniruddha can act entirely independently of her assistance. (4) The HV does not employ the word vyūha in connection with the group of Vāsudeva, Saṃkarṣaṇa, Pradyumna and Aniruddha. Nevertheless, during the battle waged to deliver Aniruddha, the idea of vyūha is present even if the word itself is not. HV 110.47–49 describes a true trivyūha composed of three fighters (Vāsudeva, Saṃkarṣaṇa and Pradyumna), who are arranged in such a way as to protect one another. The episode of Aniruddha’s liberation appears to be the missing link, showing clearly that at least Kr̥ṣṇa, Saṃkarṣaṇa and Pradyumna are capable of assuming a vyūha as they fight the Rudraic forces.     

先地方后中央:中国行政程序立法的一种思路——兼论《重庆市行政程序暂行条例》(试拟稿)的问题

文章认为 ,行政程序立法是一项艰巨而繁杂的系统工程 ,在中国行政程序立法的思路上可考虑“先地方后中央”的模式。本文三位作者经过将近一年多时间的努力 ,提出了一份《重庆市行政程序暂行条例》(试拟稿 ) ,为中国行政程序立法“先地方后中央”的模式进行了身体力行的探索。