European Court of Human Rights agrees to hear challenge to long-term "preventive detention" of HIV-positive man

On 10 December 2002, the European Court of Human Rights agreed to hear the case of a Swedish man who has been subject to a continuing series of mandatory isolation orders since 1995.     

Risk and the preventive detention of sex offenders in Australia and the United States

The development of recent statutory schemes, in both the United States and Australia, aim to keep the most dangerous sex offenders detained beyond the expiration of their prison sentence. In Kansas v. Hendricks (1997), the United States Supreme Court found constitutional Sexually Violent Predator (SVP) legislation that allows for the post-sentence, indefinite civil commitment of a subclass of dangerous offenders. More recently, the Australian High Court in Attorney-General (Qld) v. Fardon (2004) similarly upheld the constitutionality of Queensland's Dangerous Prisoners (Sexual Offenders) Act (2003), which allows for the post-sentence preventive detention of sex offenders deemed to be at high risk of serious sexual recidivism. Because an evaluation of a sex offender's likelihood of re-offending is fundamental to these schemes, this article provides an overview of recent advances in the risk assessment literature, discussing base rates of sexual recidivism, the identification of empirically validated risk factors, and the utility of structured risk assessment tools. Although it is recommended that risk assessment measures be utilized to assist the courts in making sound decisions about commitment, the limits of current research knowledge and areas of future research need are discussed.     

The "untreatability" of psychopathy and hospital commitment in the USA

One argument in support of a public policy of not subjecting persons with psychopathic disorders to civil or criminal commitment is that these disorders do not improve with treatment. This article examines the relationship between the assumption of untreatability of psychopathic disorders and outpatient civil commitment, inpatient civil commitment, and insanity acquittee commitment. Research on the treatability of psychopathy is reviewed and the treatment of conditions co-morbid with psychopathy is considered. Research evidence is insufficient to support the conclusion that psychopathy is improved, worsened or not affected by treatment. Evidence does support effective treatments for conditions that can be co-morbid with psychopathic disorders including impulsive aggression which can be interpreted as a manifestation of psychopathic disorder.The absence of evidence based treatment efficacy for psychopathic disorders is a logical reason for not subjecting individuals with only a psychopathic disorder to involuntary hospitalization. This assumption should not becloud the possibility of treatable co-morbid conditions which may or may not qualify for involuntary hospitalization. Where the primary mental disorder, for which an individual is involuntarily hospitalized, results in behavioral improvement, the continued presence of a psychopathic disorder itself, should not be sufficient reason to continue coerced confinement. Even so, where the primary disorder is incompletely treated, psychopathy can be considered a risk factor when deciding upon the appropriate time for discharge and when formulating a safe and effective after care plan.     

Sexual offenders in preventive detention: data concerning the inmates and expert witness practice

In the last decade, preventive detention-especially that relating to sexual offenders- has gained relevance for the German legal system. However, data are lacking concerning the inmates and the modus operandi of the psychiatric experts. Court orders and psychiatric statements of 114 offenders with orders of preventive detention were examined, 57 of whom were incarcerated because of sexual offences. Sexual offenders mostly show antisocial personality traits or even disorders, with a history of poly-trophic delinquency. In only four cases, the diagnosis of a sexual disorder was given. The analysis showed a high rate of psychiatric expert testimonies' lacking basic information, with incomplete assessment of sexual history. None of the experts used standardized prognostic instruments, meaning that most of the risk factors included in the Sexual Violence Risk-20 and the Static-99 were not considered. Further work needs to be done to improve the quality of psychiatric statements concerning sexual offenders.     

寻求“自我”——中国法律思想史的传承与趋向

从中国法律思想史教材的变化来看,自法学在祖国大陆复兴以来,这一学科的成长过程可以划分为创建、探索、发展三期,虽然各期各有不同的特点,但“寻求‘自我’”是其总特征。这一总特征体现在四个方面:明确研究对象;摆脱机械地以“五种社会形态”来设置篇章体例;摆脱以西方法学概念诠释中国古代法的模式;揭示中国法律思想史的发展规律。破译法的文化遗传密码、注重实证研究、重视礼和礼制研究,是中国法律史和中国法律思想史研究中值得关注的趋向。     

日本的刑事司法改革——社会的“法化”还是法的“社会化”？

日本正在进行大规模的司法改革。负责对这次司法改革进行设计的“司法制度改革审议会” ,已于 2 0 0 1年 6月提出了最终意见书 ,描绘出了改革的大体轮廓。随后 ,在日本政府内阁内成立了“司法改革推本部” ,具体负责有关司法改革的法律的起草等工作 ,日本政府定于 2 0 0 4年国会会期时 ,向国会提出主要的改革法律 ,如获得通过 ,司法改革将会全面展开并在短期间内完成。刑事司法改革是这次司法改革的重要内容。在我国 ,有关日本司法改革的全体状况已有所介绍和评论 ①,但从专业角度对其刑事司法改革进行介绍和分析的论文等并不多见 ,鉴于以此…     

Methodology for the analysis of civil commitment detention times and costs

The authors expand their methodology for quantifying and comparing civil commitment processes by developing new formulas for the determination of the average commitment detention time and cost. They also examine the effects of specific changes in commitment procedures on the average detention time and cost. Using data from Oregon's civil commitment process, the authors present several examples of the practical application of their methodology and conclude with a discussion of its major administrative and research implications.     

Examining psychopathy from an attachment perspective: the role of fear of rejection and abandonment

A key feature of psychopathy, a self-centered orientation towards others and a failure to truly connect, is poorly understood. The attachment framework can be used to examine underlying interpersonal mechanisms. Because of the overall failure to connect, we anticipated, and found, in a large undergraduate sample (n?=?1074) that both affective-interpersonal traits and impulsive-irresponsible psychopathy facets were positively related to attachment avoidance. Different dynamics may underlie this distancing from others, as evidenced by the fact that callous-unemotionality was negatively related to attachment anxiety, whereas grandiose-manipulative and impulsive-irresponsible traits were positively related to attachment anxiety. Although effect sizes were small and are of correlational nature, our results are in line with a dual deficit model that differential developmental trajectories, largely heritable callousness vs. neglecting and abusive parenting, may lead to adult psychopathy. The differentiating role of fear of rejection and abandonment for the psychopathy construct is discussed.     

A Large-Scale Meta-Analysis Relating the Hare Measures of Psychopathy to Antisocial Conduct

The present meta-analysis integrated effect sizes from 95 non-overlapping studies (N=15,826) to summarize the relation between Hare Psychopathy Checklists and antisocial conduct. Whereas prior meta-analyses focused on specific subdomains of the literature, we used broad inclusion criteria, incorporating a diversity of samples, settings, methodologies, and outcomes in our analysis. Our broad perspective allowed us to identify general trends consistent across the entire literature and improved the power of our analyses. Results indicated that higher PCL Total, Factor 1 (F(1)), and Factor 2 (F(2)) scores were moderately associated with increased antisocial conduct. Study effect sizes were significantly moderated by the country in which the study was conducted, racial composition, gender composition, institutional setting, the type of information used to score psychopathy, and the independence of psychopathy and transgression assessments. However, multiple regression analyses indicated that the information used to assess psychopathy did not have a unique influence on effect sizes after accounting for the influence of other moderator variables. Furthermore, racial composition of the sample was related to the country in which the study was conducted, making it unclear whether one or both of these moderators influenced effect sizes. We provide potential explanations for the significant findings and discuss implications of the results for future research.     

Development of the supernormality scale-revised and its relationship with psychopathy

Abstract:  The current research addresses the psychometric and diagnostic qualities of the Supernormality Scale-Revised (SS-R), a self-report measurement. Supernormality is defined as the tendency to systematically deny the presence of common symptoms (e.g., intrusive thoughts). In study 1, the SS-R was administered to forensic patients ( n  = 63), psychiatric patients ( n  = 26), honestly responding students ( n  = 26), and students instructed to fake supernormality ( n  = 20). Findings indicated good test–retest stability, and adequate internal consistency. Furthermore, the SS-R showed overall good predictive and convergent validity. Moreover, the diagnostic accuracy was excellent (sensitivity and specificity being 0.80 and 0.92, respectively). In study 2, 115 (healthy) controls and 32 forensic patients completed the SS-R and the Psychopathic Personality Inventory (PPI) ( J Pers Assess 1996; 66 :488), an instrument measuring psychopathy. Results showed again that the SS-R is a reliable and valid instrument. However, supernormality was not related to psychopathy as measured by the PPI.     

Basic concepts for the evaluation of technology transfer benefits

This paper considers the problems of the evaluation of the benefits that may be derived from technology transfer. When intangeable benefits are considered the evaluation process becomes more costly and often less reliable. A model is developed that should assist in the evaluation of externalities and other intangeable benefits.     

The english juvenile detention centre: A lesson for the U.S.A.?

It is important when contemplating change in the criminal justice system to survey and build upon experience both at home and overseas. In this age of increasing concern with the criminal activity of our youth it has become fashionable in some quarters to adopt a tougher attitude toward delinquent youth. This is manifested by a desire to hold juveniles directly responsible for criminal behavior and to subject them to more punitive sentencing dispositions. In this political climate it might be wise to examine the history of the English juvenile Detention Centre, with its emphasis upon providing a “short, sharp shock” for juveniles who are sent there.This article examines the philosophical rationale behind the Detention Centre regime and traces its development from establishment in 1948 to the present day. The evidence available suggests that the Detention Centre program, established to provide a strict deterrent regime for the relatively unsophisticated and not seriously delinquent offender, has not met with resounding success. Additionally, the program is shown to have departed considerably from its original standards of rigor. Indeed, it is now uncertain whether the Detention Centre differs appreciably from other English juvenile correctional institutions, and the governmental trend of thought has been toward abolition of the centres altogether. The article concludes that it may be preferable to make greater use of non-institutional dispositions than to sentence delinquent youth to short periods of incarceration.     

关联理论视角下语气词“吧”在祈使句中的话语功能探析

语气词"吧"在祈使句中的作用是明示协商的交际意图,祈使句中的"吧"字出现与否,既与说话者的身份地位有关,更与说话者的交际意图密切相关.     

实用主义视角下的司法观及启示——从法律发现说起

法律发现始终难以摆脱司法中"创造"的成分对它的影响与责难。单纯的逻辑演绎并不能确切地表述司法过程的现状,价值判断总是参与其中。实用主义法学所蕴藏的立场界定和方法选择则为破解这种困局提供了"良方"。其司法观可以概括为:以"逻辑"传递着对"发现"的尊重;以"经验"护佑着对"创造"的追求。     

Criminals' explanations of their criminal behavior, Part II: A possible role for psychopathy.

The author reviewed the literature concerning the effect of criminals' current psychopathology on their explanations about their crimes. He then studied 100 incarcerated men, examining the associations between their explanations and various historically documented aspects of psychopathy. Previously and independently documented patterns of pathological lying, lack of remorse or guilt, callousness or lack of empathy, and failure to accept responsibility for their own behavior were significantly associated with the offenders not admitting responsibility for their crimes. Further, independently described histories of pathological lying were associated with criminals' blaming their convictions on a faculty criminal-justice system, while histories of failure to accept responsibility for their behavior were associated with blaming someone else for their index crimes.     

Developments in juvenile justice during the decade of the 70s: Juvenile detention facilities

A number of important developments in juvenile justice during the decade of the 70s are identified. Data were obtained from a sample of juvenile detention facilities in the late 1960s and again, from the same sample, in the late 1970s. The data obtained included the perceived purpose of detention, information concerning the detainees and personnel, and procedural and program information. The two sets of data were compared to determine whether the developments in the juvenile justice system were reflected in the detention segment of the system.