Judicial perceptions of child witness competence

Concern about the difficulties faced by child witnesses in the legal system has led to two major areas of reform: the relaxation of competence and corroboration requirements, and the introduction of special procedures and physical facilities to reduce the emotional pressures of testifying. Although the implementation of these measures depends largely on judicial discretion, little is known about judicial perceptions of child witnesses and about judicial acceptance of these measures. Fifty magistrates and judges in New South Wales, Australia were asked via interview or questionnaire about their beliefs, concerns, and practices related to child witnesses. There was considerable variability in their views about the competence of child witnesses and the need for special protective measures in court for these witnesses. There was, however, more consensus about those aspects of children's ability to testify that give rise to judicial concerns about their competence. Children's honesty was not at issue; they were generally regarded as being at least as honest as adults, if not more so. They were, however, perceived as highly suggestible and susceptible to the influence of others and prone to fantasy. These findings are consistent with the findings of other studies, and provide a basis for judicial education in relation to child witnesses.     

受审能力探析

受审能力是被告人接受法庭审判的能力。我国对受审能力的研究还处于起步阶段，立法上还有许多空白之处。本文从评定标准、提起、确认与法律后果等方面对受审能力进行了探讨。     

Assessing civil competence in the elderly.

This study was designed to establish reliability of the Community Competence Scale-Revised (CCS-R) and provide evidence for its validity in making discriminations relevant to civil competence in the elderly. The CCS-R is an individually administered structured interview of 17 subscales. Criterion groups were formed by drawing a sample of research participants from a retirement complex with various levels of care and with nurses having extensive knowledge of the residents' level of functioning. The study demonstrated high reliability and found converging evidence for the effectiveness of the CCS-R in making discrimination about competence in the elderly. The study had added to the growing evidence that it is possible to standardize the assessment of civil competence, thereby making the adjudication process a more accurate one.     

服刑能力司法精神鉴定研究

为探索服刑能力鉴定的相关因素 ,对102例服刑能力评定的案例进行分析研究 ,以自制的“服刑环境适应调查表”进行调查比较。结果发现精神病性障碍及以往有精神异常史者无服刑能力比率较高 ,且服刑环境适应能力差     

EU Fraud: institutional and legal competence

This paper will focus on frauds committed against the budget of the European Union. It will consider the role of OLAF (the European Fraud Prevention Office) which is the lead agency in the fight against fraud. It will consider its powers and its capacity to co-ordinate the activities of anti-fraud agencies in twenty seven member states and the constraints which prevent it from operating in a more effective manner. The paper will also consider the role of other transnational bodies such as Eurojust and Europol and will seek to highlight the degree of fragmentation which exists with a multiplicity of actors involved in policing fraud, a fragmented legal approach and the difficulties this presents in policing sophisticated transnational frauds. The effect of EU expansion on this situation will also be examined and the EU anti-fraud efforts of the Czech Republic will be considered in some detail. The paper concludes that the legal system and the institutions are not yet in place to enable such frauds to be adequately policed.

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Monitoring doctors' clinical competence: a Queensland focus

The medical profession is held accountable in numerous ways, many of which are concerned with clinical competence. However, while Australia's State medical boards are statutorily charged with protecting the public from incompetent practice, they have never instituted programs aimed at maintaining the standards of all practitioners. The article describes recent legislative changes and developments in undergraduate medical education, which aim to increase physicians' accountability in relation to competence, and compares developments in Queensland and other States with those in the United Kingdom, Quebec and New Zealand. The investigation of clinical incompetence as currently undertaken by the Medical Board of Queensland should, and will, be adopted in other States. However, responding to incompetence is necessarily piecemeal, and the article further argues that the States should develop inclusive revalidation strategies. Both the community and leading voices within the profession are demanding greater commitment to a self-regulation culture that is more transparent and has sharper teeth.     

未成年女性性认知能力量化的初步研究

探讨未成年女性性认知能力的量化评定方法,编制未成年女性性认知能力问卷,对未成年女性进行初步试测,结果反映在法定奸幼年龄标准以下的未成年女性中,存在因年龄而异的对性的生理卫生知识、社会法律意识、伦理道德等方面认知能力的相应缺乏,结论：此问卷对未成年女性性认知能力的测试结果与她们的年龄之间具有高度相关性,值得作为标准化定量评定方法进行深入研究     

Dimensions of professional listening competence in the legal context

When examining listening competence researchers have been interested primarily in the listening that takes place in personal relationships. This qualitative study (N?=?113), focusing on courtroom communication and drawing on social cognitive theory (SCT), approaches listening from both theoretical and practical perspectives by examining the dimensions of professional listening competence, analyzing it from a taxonomic perspective, and examining the manner in which personal agency is used when applying professional listening competence. In addition, the role of professional listening competence in promoting well-being at work is discussed. The findings suggest that the emphasis placed on the dimensions of listening competence differs depending on whether general or professional listening competence is being examined. In the latter, the contextual dimension forms a strong basis that the other dimensions build on, whereas for general listening competence all dimensions are equally important. The agentic perspective that attorneys apply to listening functions on all taxonomic levels of listening, indicating that there is a profession-based requirement for active, self-regulated listening. The findings also indicate that attorneys’ use of personal agency and the self-regulatory mechanisms of listening lead to an elevated sense of self-efficacy, which increases their subjective sense of well-being at work.     

受审能力探析

受审能力是被告人接受法庭审判的能力。我国对受审能力的研究还处于起步阶段,立法上还有许多空白之处。本文从评定标准、提起、确认与法律后果等方面对受审能力进行了探讨。     

What Clients Know: Client perspectives and legal competence

This article does not have an abstract     

技术侦查所获材料的证据能力考察

技术侦查虽然在实践中大量存在，但中国现行法律无力制约技术侦查，其合法性一直颇受争议。因此，通过这些手段获得的材料是否具有证据能力就成为当前司法实践中一个退退两难的问题。追严重妨碍了法院查明案件事实真相、制约了办案效率、影响当事人正当权益的实现。只有通过刑事诉讼立法明确技术侦查的合法性，进而解决其所获材料的证据能力问题，才是摆脱实践困难的最佳途径。     

The association between specific competence-related abilities and competence restoration treatment

Inpatient competence restoration treatment comes with enormous costs in terms of civil liberties, but also significant financial costs to the state/institution responsible for providing the treatment. The present investigation was designed to evaluate the utility of a commonly used competence assessment instrument, the MacArthur Competence Assessment Tool – Criminal Adjudication (MacCAT-CA), in identifying individuals who may require more tailored, lengthier, and/or more intensive treatment. The sample included 93 men and women who were administered the MacCAT-CA during an inpatient hospitalization for competence restoration treatment in the United States. All of the patients were restored to competence within the study period, ranging from 3 to 32 months of inpatient hospitalization. Results suggest that performance on the MacCAT-CA was associated with hospitalization length, with total scores as the greatest predictor of response to treatment. Sensitivity and specificity estimates are discussed in terms of their utility in identifying patients most at-risk for extended hospitalization, with the authors arguing that instruments like the MacCAT-CA can be used in a practical manner of identifying patients who might require greater or more intensive treatment.     

The EU-China investment treaty: challenges,themes, competence

China-EU Law Journal - Foreign Direct Investment (FDI) improves the global economy. Both inward and outward FDI contributes to EU competitiveness and international trade. The importance of the...