Individuals’ experiences of sexual offending therapy in a forensic psychiatric setting

There is a paucity of research exploring individuals’ experiences of sexual offending therapy, particularly in forensic psychiatric settings. This study qualitatively explored the perspectives of six male medium-secure patients regarding the treatment programme they completed to address their sexual offending behaviour. Thematic analysis of interviews generated two themes: the experience of transition through the programme and the experience of engagement. The importance of gaining service-user feedback and the implications for programme design and delivery are discussed.     

对新《刑法》第18条的理解与运用

本文就我国新刑法第18条中精神病的涵义,精神病患者刑事责任能力评定,精神病的医学鉴定以及对精神病人的监护治疗问题谈个人看法。供执法者和鉴定工作者在处理有关精神疾病案件时参考。     

Sexual offenders with serious mental illness: prevention, risk, and clinical concerns

Individuals with serious and persistent mental illness who have also engaged in illegal sexual behavior present a unique challenge for our legal and clinical systems. Frequently, these individuals may engage in problematic sexual behaviors which result in hospitalization rather than incarceration, and an overburdened and resource-deficient public community mental health system is ill-equipped to address the seriousness of these sexual behaviors. We have a rather limited understanding of how prevention programs, intervention strategies, and risk assessment would work with this population. Here we evaluate data from a sample of 245 inpatient psychiatric sexual offenders in a forensic mental health setting and compare these with what information has already been presented in some of the literature. Through an examination of seriously mentally ill sexual offenders and their clinical presentation, legal history, and risk management concerns, we illustrate a variety of tertiary prevention needs. Future directions in the area of prevention and risk management for seriously mentally ill sexual offenders are also discussed.     

Equity,access, and outcomes: The status of the art

A rationale for including analyses of outcome in evaluation of the impact and equity of changes in health care policy for the poor is presented. We first discuss problems in defining equity in and access to health care. Equity in access to health care requires equality of access only to those services that are believed to be efficacious. Three cost-containment strategies (restrictions in eligibility, coinsurance, and capitation) are then examined, and their limitations are discussed. Finally, directions for future research focusing on outcomes are suggested. Rather than using access to care to assess outcome, outcome is viewed as the framework for assessing access and equity.     

规范的犯罪成立要件、刑法免责与我国犯罪构成理论

一国的犯罪构成理论应当与该国刑法规范的犯罪成立要件形成动态的符合关系。无论维持、改良还是重构我国犯罪构成理论,规范的犯罪成立要件都是一个不能回避的视域。比较我国与德国、瑞典、芬兰刑法规范犯罪成立要件,具体免责事由的缺失是我国刑法规范的犯罪成立要件最大的不足。完善我国犯罪构成理论,应当从发展我国刑法免责理论、完善刑法免责立法开始。     

中国与加拿大亚伯达省精神卫生立法之比较研究

《中华人民共和国精神卫生法（草案）》自公开向社会征求意见以来,引起广泛关注。本文尝试对加拿大亚伯达省《精神卫生法》与《中华人民共和国精神卫生法（草案）》进行比较研究,从而为我国精神卫生立法提供借鉴和参考。     

Citizens’ perceptions of the courts: The impact of race, gender, and recent experience

This study examined the influences of race, gender, and recent court experience on citizens’ perceptions of the courts in their communities. Using national survey data collected in 2000, this research assessed variation in perceptions of the courts along four dimensions: differential treatment, fair procedure and outcome, concern and respect, and overall evaluation. The results showed that racial minorities, including Blacks and Latinos, were more likely than Whites to have negative attitudes toward the courts. While race is generally a better predictor than gender, the interaction between gender and race is important in understanding citizen’s perceptions of the courts. Citizens who have recent personal contact with the courts tend to rate the courts less favorable than those who have no recent contact. Citizens’ opinions of the police and equal opportunity are also significantly related to their perceptions of the courts. Implications for policy and future research are discussed.     

Evaluating liaison and diversion schemes: an analysis of health,criminal and economic data

Introduction: Liaison and Diversion (L&D) currently serves 50% of the population of England. L&D relies on modified working practices with key delivery partners, especially the police. Service evaluation data is thus presented from both police and health services. Method: A before and after intervention review of 3 months of operational data of L&D in Cornwall focusing on health, criminal and economic outcomes. Results: After L&D intervention individuals’ contact with the police as either victim or perpetrator reduced significantly. Implications: Preliminary findings suggest that L&D enabled reduced use of police and criminal justice resources. National reporting procedures may be unable to demonstrate the multi-agency impact if criminal justice data are not considered within the outcome data-set. Recommendations echo international observations that specifying outcome measures and the consistent definition of L&D services would enable generalisation of findings.     

Sociodemographic,Clinical, and Therapeutic Aspects of Penitentiary Psychiatric Consultation: Toward Integration Into the General Mental Health Services

The characteristics of mental disorders, as well as deficiencies in their treatment, must be properly defined. This was a prospective, longitudinal, observational study, in which all men referred to a penitentiary psychiatric consultation of three penitentiary centers in Spain were invited to participate. Those who consented to participation (1328) were interviewed at the baseline timepoint and at intervals for up to 3 years. The presence of mental disorders was high: 68.2% had a cluster B personality disorder, 14% had an affective and/or anxiety disorders, 13% had schizophrenia, and over 80% had a dual disorder. Polypharmacy was the norm. Moreover, the health care received in prison did not match that provided in the community in terms of quantity and quality. These results should help to facilitate the design of mental healthcare provision for prisoners, focusing on both the most frequent patient profiles and equality of care.     

Private Military Contractors,Crime, and the Terrain of Unaccountability

Criminological research has traditionally attempted to explain the etiological factors of crime and then suggest appropriate controls. More often than not, the foci of this kind of work have remained on “street crime.” Since the 1990s, however, some scholars have turned their attention to the causal factors of corporate crime, state crime, crimes of globalization, supranational crimes, and their various permutations and interconnections. Clearly missing from this literature is the growing phenomenon of private military contractors (PMCs) and the crimogenic culture of and atmosphere within which they operate. Specifically, while the use of PMCs is rapidly growing, the increasing propensity for PMC's crimogenic culture and the unregulated nature of what has become a global industry is rarely studied by social scientists. Further, few criminologists have examined this area of research by applying criminological theory to explain the growth and emergence of PMCs. Our goal is to help fill this gap. Through the process of theory building and refinement we identify factors that facilitate the criminogenic environment within which PMCs operate. Additionally, without attempting to expand explanatory and causal mechanisms, policies aimed at reducing PMC criminality and social justice for their victims cannot be developed. As such, we draw from theoretical developments in state and state‐corporate crime, social disorganization, and anomie literature to shed light on key factors associated with PMCs, namely, the crimogenic atmosphere within which they operate.     

共犯最小从属性说之再提倡——兼论帮助信息网络犯罪活动罪的性质

限制从属性说以正犯行为同时具有构成要件该当性与违法性作为共犯的成立前提,因而面临无法有效应对新型网络共同犯罪的危机.为解决这一危机,该说中有着眼于帮助对象必须是他人的"犯罪",主张帮助信息网络犯罪活动罪只是"帮助犯的量刑规则"的,也有以刑法分则条文的定罪机能为根据,提出"帮助犯正犯化"说的.但是,共犯的违法性不从属于正...     

The social,relational and mental health characteristics of justice-involved men in the south-west England

The aim of this article is to describe the social, relational and mental health characteristics of a sample of offenders serving prison or community sentences in the south-west England. About 100 adult male offenders were screened for anxiety and depressive disorders, post-traumatic stress disorder (PTSD), drug and alcohol dependence, and likely personality disorder using validated instruments. Fifty-eight per cent of the sample reported at least one common mental health problem, of these only 26% reported receiving treatment. Participants exposed to traumatic events and/or participants with past mental health problems were more likely to score positive for current common mental health problems. Our study identified factors that may increase the risk of a first episode or recurrent anxiety and/or depression for offenders. Health and criminal justice services should create partnerships and develop interventions that address the risk factors which lead and/or contribute to offenders' mental health difficulties.     

Lowering the age of consent: Legal,ethical, and clinical implications of adolescent-directed therapy

This article discusses a recently enacted Colorado law that aims to reduce the youth suicide rate by lowering the age of consent for psychotherapy from age 15 to age 12. The author discusses the challenges therapists face when young adolescents seek therapy without parental consent in cases involving interparental conflict. Suggestions for managing adolescent-directed therapy are offered.     

Gray Matters: Gender Differences in the Physical and Mental Health of Older Inmates

Although there has been a substantial increase in the number of older female inmates incarcerated in the United States, there has been little scholarly attention paid to this population. The purpose of this study is to extend the current understanding of older inmates by examining gender differences in their physical and mental health. Bivariate analyses of one of the largest known samples of older female inmates (n = 142) revealed significant gender differences. Older female inmates reported a greater number of physical health conditions and mental health disorders in all three time periods: in their lifetimes, since admission to prison, and in the previous year. This research informs the need for gender-specific health programming for older female inmates.     

妨害传染病防治罪的几个构成要件问题

妨害传染病防治罪的客体应当表述为"国家对传染病防治的管理制度";其客观要件"引起甲类传染病传播或者有传播严重危险"包括实害犯与危险犯两种形态;其主观要件应为过失,故意则不能构成。     

The power of presentation: How attire,cosmetics, and posture impact the source credibility of women expert witnesses

Gender stereotypes may negatively affect perceptions of women professionals' credibility, including forensic experts. This study investigated the impact of behavior-based and appearance-based factors on women expert witness's credibility. Jury-eligible adults were shown one of 16 conditions depicting a woman expert which varied based on combinations of three primary independent variables: (1) attire, (2) cosmetic use, and (3) posture. Expert attractiveness and participants' sexist attitudes served as covariates. Results revealed that women experts were seen as marginally more credible when wearing a skirt suit with a closed posture stance than when wearing a pant suit with a closed posture. Secondary analyses indicated expert attractiveness and participant sexist attitudes accounted for the most variability in credibility scores. Credibility of women expert witnesses may be impacted by irrelevant peripheral cues. Findings can inform discussions aimed at mitigating extraneous factors that inadvertently undermine the reception of women expert witness testimony.     

概念的系统性完善——论犯罪的方面与犯罪构成的要件、要素的关系

犯罪的方面包容相应的犯罪构成要件,犯罪构成要件由犯罪构成要素组成,对三者的定位涉及到坚持用科学系统论分析犯罪构成的问题,应当弥补传统刑法理论在概念上混淆三者的疏漏,科学构建完善作为理论大厦基石的概念,另外,对犯罪各方面下犯罪构成具体相应要件和要素纵向深入的剖析,进一步印证了对三者上述关系的分析。     

背信犯罪解释论及立法论探讨

背信罪是伴随资本主义市场经济的发展和社会化的高度分工而出现的罪名。我国《刑法》分则中存在众多而零散的背信犯罪条文,但条文设计却具有相当的随意性,而且偏向于对国有公司、企业的特殊保护。我国已经进入市场经济时代,为有效保护法益,增设背信罪势在必行。通过条文的合理设计,完全可以避免背信罪成为新的口袋罪而侵犯人权。在增设背信罪之前,我们应当充分运用竞合论原理,将背信犯罪行为作为侵占罪、职务侵占罪、诈骗罪、故意毁坏财物罪等相应犯罪处理。评价背信行为造成的财产损害,应采取经济的财产说,原则上不处罚背信犯罪行为的片面对向犯。