Documentation of torture and cruel,inhuman or degrading treatment of children: A review of existing guidelines and tools

The documentation of individual cases of child torture is of paramount importance to bring justice to, and help heal, individuals and sensitize societies. Our objective is to systematically review medical guidelines for the recording of individual cases of child torture or cruel, inhuman or degrading treatment (CIDT). We searched CINAHL, Embase, the Guidelines International Network, Lilacs, Medline, the National Guideline Clearinghouse, PsychInfo and all websites of the organizations participating in the updating of the Istanbul Protocol for guidelines or studies on how to document torture, CIDT or abuse in persons under 18 years. We did not find a comprehensive guideline that encompassed all aspects of the documentation of child torture, as does the Istanbul Protocol for adults. An expert opinion guideline on how to document sexual torture in children was found, and in addition we identified 13 consensus-based guidelines for the evaluation of abuse in children or specific aspects thereof. We strongly recommend a child specific, comprehensive guideline on the documentation of torture and CIDT in children.     

Raising the "civilized minimum" of pain amelioration for prisoners to avoid cruel and unusual punishment

This Article addresses the problems with our nation's cultural and legal prohibitions against certain pain management treatments. The practice of pain management has not kept pace with the many medical advances that have made it possible for physicians to ameliorate most pain. The Author notes that some patients are denied access to certain forms of treatments due to the mistaken belief that addiction may ensue. Additionally, some individuals are under-treated for their pain to a greater degree than are others. This is especially the case for our nation's prisoners. The Author contends that prisoners are frequently denied effective pain amelioration. He notes, however, that there has been improvement in medical treatment in general for prisoners due to court challenges based on the Eighth Amendment's prohibition against cruel and unusual punishment. Yet, due to the protection of qualified immunity given to jailers and prison health care providers, prisoners cannot bring a claim for negligence or medical malpractice, they must allege a violation of their constitutional rights, a significantly higher legal standard. Prisoners must meet a subjective test showing that there was a deliberate indifference to their medical needs that violates the protection of the Eighth Amendment. The Author concludes that because medical advances have made it possible to alleviate most pain suffering, withholding pain treatment or providing a less effective treatment is tantamount to inflicting pain and should be viewed as a violation of the Eighth Amendment.     

Examination of an interventionist-led HIV intervention among criminal justice-involved female prisoners

The purpose of this study was to examine the implementation, adherence and protocol fidelity for the Reducing Risky Relationships for HIV (RRR-HIV) study. The RRR-HIV study is a phase III trial of a randomized intervention to reduce human immunodeficiency virus (HIV) risk behaviors among incarcerated women in four US states: Connecticut, Delaware, Kentucky and Rhode Island. The intervention consists of five interventionist-led prison-based group sessions and a sixth individual community-based session. Data on adherence, implementation, acceptability and fidelity of the intervention were obtained from forms completed after the five prison-based sessions by both the interventionist and participant. Data from the sixth session were collected by the interventionist. Of the 363 women recruited to date, 173 (47.6%) have been randomly allocated to the experimental RRR intervention, of which implementation measures were available for 162 (93.6%). Almost three-quarters of women attended all five sessions, each of which lasted a median of 90 minutes, indicating successful implementation of the protocol across multiple study sites. Interventionists and participants alike reported that all of the topics for each session were discussed, suggesting adherence to the protocol. In addition, protocol interventionists indicated that more than 95% of the women were engaged/involved, interested, and understood the materials presented, indicating high levels of acceptability among the participants and fidelity to the intervention protocols. The majority of participants also answered all of the post-test questions correctly, which is another strong indicator of the fidelity to the intervention. Results suggest that the RRR-HIV study has been successfully implemented across multiple study sites. Adherence to the protocol, as well as protocol fidelity and acceptability, were also strong, which is essential to establish prior to examining outcome data.     

Under the surface: the dynamic interpersonal and affective world of psychopathic high-security and detention prisoners

The present study yields an in-depth examination of the interpersonal and affective world of high-security and detention prisoners with possible (Psychopathy Checklist: Screening Version [PCL:SV] ≥ 13) and strong (PCL:SV ≥ 18) indications of psychopathy. A group of male inmates (n = 16) was compared with noncriminal and non-personality disordered controls (n = 35) on measures of self and other (Young Schema Questionnaire-Short Form [YSQ-SF], Inventory of Interpersonal Problems-Circumplex Scales [IIP-C]), and the experience and regulation of affect (Positive and Negative Affect Schedule [PANAS], Emotion Control Questionnaire 2 [ECQ2]). Results confirm the established grandiose, dominant, and callous characteristics of the psychopath (PCL:SV, Structured Clinical Interview for DSM-IV Axis II Disorders [SCID-II], DSM-IV and ICD-10 Personality Questionnaire [DIP-Q], IIP-C), while demonstrating personal distress and important nuances and variations in psychopathic offenders' interpersonal and affective functioning (YSQ-SF, PANAS, ECQ2, SCID-II, DIP-Q). These preliminary findings support, expand, and challenge the ordinary portrayal of the psychopath and, if replicated in larger samples, point to a need for an expansion or reformulation of the concept, measurement, and treatment of psychopathy.     

Identifying criminal predators, sentences, and criminal classifications

This paper speculates that due to antiquated criminal predator identification that the courts render less prison time to predators who continually commit abominable forms of crime than to first time violent offenders who were controversially convicted of the crime of murder. A sample of 89 respondents includes 61 males and 28 females incarcerated in high custody penitentiaries. The findings show that many predators are rarely charged and/or convicted of heinous predatory acts consequently their prison sentences averaged an eight year confinement as compared to nonpredators with an average of 25 years to life, often without parole. The hypothesis was supported and a criminal offender classification was created to explain various offender profiles. One implication of this finding is that methods of crime control including criminal profiles are inadequate to deal with one of America's worst problems—predatory attacks. An assumption that arises from this implication is that crime control is linked to popular myths produced by the media and therefore predators largely go unchecked. Further research should be concluded to determine efficient methods of intervention for various categories of predators.     

A cross-sectional study on expression of anger and factors associated with criminal recidivism in prisoners with prior offences

OBJECTIVE: The purpose of this study is to determine demographical characteristics leading to crime recidivism and define anger levels and anger expression manners for those who re-commit crime. METHOD: All the literate inmates in Izmit Closed Penitentiary were included in this cross-sectional study. The prisoners were asked to respond to State-Trait Anger Expression Inventory. Their socio-demographic data were collected and a questionnaire was given to them to determine their state of imprisonment, sentence, nature of the crime in which they were involved, their criminal history, their relationship with inmates and prison staff and substance and alcohol use. RESULTS: Of the 438 prisoners, 302 (68.9%) responded to the questionnaires. Crime recidivism among the study cohort was observed to be 37.4%. Mean trait anger, anger out and anger in scores were significantly higher in prisoners with criminal recidivism in comparison with those who did not have prior criminal records. However, mean anger control scores for prisoners with or without criminal recidivism were similar. Unemployment, education level completed at secondary school or below, having committed a crime under the influence of alcohol or narcotics, having been involved in prison fights, having resisted police officers, caused damage in their vicinity when angry and violent crimes were all found to be possible causes of criminal recidivism. Educational level completed at secondary school or below, getting into fights with other prisoners, unemployment and resisting police officers were determined to be the strongest indicators to predict criminal recidivism when all variables were considered according to a logistic regression model. CONCLUSION: It can be proposed that those who have problems with officials or hostile towards others constitute a risk group for criminal recidivism. If prisoners with criminal recidivism can be helped to identify and control their anger, their risk of committing a new crime can be minimised.     

Is there a “lost world” of criminal investigation?

This article is a critical examination of current investigation textbooks. It argues that they, like urban government textbooks of years ago, are deficient in many ways. For instance it is asserted that in a number of respects current texts present an inaccurate depiction of the criminal investigation process. This comes about in a number of ways. For example, at least by implication, many texts appear to present an inaccurate portrayal of how investigators spend their time. Moreover, they also present a highly simplistic picture of both the inter- and intra-organizational context within which investigators must operate. In addition to these deficiencies, the texts under consideration are also guilty of over-emphasizing the role that criminalistics play in the investigative process, while at the same time under-emphasizing the role of informants. Furthermore, most texts put a heavy emphasis on describing the ideal investigator while ignoring the characteristics that actual investigators exhibit. Finally, it is suggested that because criminal investigation texts do not present typologies or categories of crime, the student is faced with a mass of facts that are difficult to learn and retain.The article concludes by suggesting a different framework for criminal investigation texts, a framework that emphasizes that investigators actually operate in an organizational setting which sets contsraints on their actions and a framework which uses a typology of investigative strategies.     

A cross-sectional study on expression of anger and factors associated with criminal recidivism in prisoners with prior offences

Objective: The purpose of this study is to determine demographical characteristics leading to crime recidivism and define anger levels and anger expression manners for those who re-commit crime.Method: All the literate inmates in zmit Closed Penitentiary were included in this cross-sectional study. The prisoners were asked to respond to State-Trait Anger Expression Inventory. Their socio-demographic data were collected and a questionnaire was given to them to determine their state of imprisonment, sentence, nature of the crime in which they were involved, their criminal history, their relationship with inmates and prison staff and substance and alcohol use.Results: Of the 438 prisoners, 302 (68.9%) responded to the questionnaires. Crime recidivism among the study cohort was observed to be 37.4%.Mean trait anger, anger out and anger in scores were significantly higher in prisoners with criminal recidivism in comparison with those who did not have prior criminal records. However, mean anger control scores for prisoners with or without criminal recidivism were similar. Unemployment, education level completed at secondary school or below, having committed a crime under the influence of alcohol or narcotics, having been involved in prison fights, having resisted police officers, caused damage in their vicinity when angry and violent crimes were all found to be possible causes of criminal recidivism. Educational level completed at secondary school or below, getting into fights with other prisoners, unemployment and resisting police officers were determined to be the strongest indicators to predict criminal recidivism when all variables were considered according to a logistic regression model.Conclusion: It can be proposed that those who have problems with officials or hostile towards others constitute a risk group for criminal recidivism. If prisoners with criminal recidivism can be helped to identify and control their anger, their risk of committing a new crime can be minimised.     

Reexamining the cruel and unusual punishment of prison life

It has been widely assumed that prison is destructive to the psychological and emotional well-being of those it detains. However, this assumption has rarely been critically examined. The present report evaluated the evidence pertaining to the effects of imprisonment. Studies on the effects of prison crowding, long-term imprisonment and short-term detention, solitary confinement, death row, and the health risks associated with imprisonment provide inconclusive evidence regarding the “pains of imprisonment.” Rather, the evidence points to the importance of individual differences in adapting to incarceration. As the use of incarceration is unlikely to decrease in the near future, research on its effects is urgently needed and a situation-by-person approach may be the most fruitful research strategy.     

The treatment of prisoners: International standards and case law

Objective. In some countries questions are asked about the extent to which human rights should be applied to those who have been detained in prison, particularly if they have been convicted of a criminal offence. However, the international human rights treaties and instruments are quite clear that detained persons are entitled to all human rights that are not expressly removed by the fact of their detention. Method. This article describes in detail what these standards are and how they apply to imprisonment. It also considers how these issues have been interpreted judicially by the European Court of Human Rights and the lessons to be learned from its increasing body of case law. Conclusion. All those who are involved in the management of prisons or who deal in any way with prisoners must always bear in mind ‘the inherent dignity of the human person’. This obligation applies particularly to psychologists and others who develop programmes and other activities aimed at influencing the future behaviour of prisoners.     

过度医疗的刑法规制研究

随公共卫生事业发展,过度医疗如悬崖转石般兴起.医疗机构及医务人员违背行医规范而实施过度医疗,不仅侵蚀国家正常的医疗卫生秩序,也不断加剧医患信任危机.国内法律对过度医疗行为的规制尚且停留在民法和行政法领域,刑事立法仍空白.医疗事故罪、非法行医罪、诈骗罪等现有相关罪名在规制过度医疗行为时暴露局限性,并不能合理规制过度医疗行...     

New Zealand's special treatment units: the development and implementation of intensive treatment for high-risk male prisoners

In the late 1980s, New Zealand developed two highly innovative residential treatment programmes for serious offenders that blended together the strengths of structured cognitive behavioural group programmes and therapeutic community approaches. Since the mid-1990s this hybrid model – recently advocated as a fruitful direction for future offender programme development – was adopted and further refined for use in New Zealand's four high-risk special treatment units (HRSTUs). We outline the HRSTU model, noting the challenges and potential benefits of providing an intervention that integrates therapy, resocialisation and reintegration experiences for high-risk, high need, low responsivity clients: many with significant psychopathic features. On average, the majority of those referred to HRSTUs complete the programme and make small but significant amounts of change on important treatment goals. But most changes remain tentative, suggesting the importance of more supportive aftercare. Although an earlier evaluation of the first unit to open found the programme to be modestly effective in reducing recidivism, an outcome evaluation currently underway will help establish whether improvements since that time are associated with reductions in disciplinary infractions and recidivism.