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1.
Abstract

Recent studies examining the Psychopathy Checklist – Revised (PCL-R) have argued for a range of factorial solutions to describe and explain the dimensions of psychopathy. This study details an empirical analysis of North American PCL-R data for 4630 male offenders, using multidimensional scaling (MDS) as a non-linear alternative to factor analysis. The emergent structure of Hare's psychopathy psychometric can be interpreted in more than one way and at different levels of specificity. The multidimensional scalograms reveal a set of facets consistent with the two- and four-factor solutions that emerge from the same data. Equally the structure of the PCL-R can be interpreted through personality theory as a set of core traits and behavioural manifestations, consistent with an evolutionary basis for psychopathic tendencies. These analyses provide support for a multidimensional structure within the PCL-R, and suggest that psychopathy can be viewed as an extreme variant of multiple dimensions of personality.  相似文献   

2.
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.  相似文献   

3.
ABSTRACT

Preventive detention legislation allows for ongoing detention or supervision following completion of an offender’s sentence. Consideration of public protection should drive the administration of preventive detention, however research has indicated retributive concerns also drive decision making. Two studies were conducted to examine the motives driving preventive detention decisions, and how contextual variables affected the balance between retributive and public protection motives. In Study 1, participants were presented with information about an offender’s remorse, prior punishment, and risk of re-offence. In Study 2, participants were presented with information about an offender’s prior punishment and offence type, and the relative strength of various potential mediators was tested, to determine factors driving effects of prior punishment information. Overall, results demonstrated participants were driven by both retributive and public protection motives, as well as personal characteristics (e.g. political orientation, prejudice against offenders) when making preventive detention decisions. Findings are discussed in terms of their implications for preventive detention legislation.  相似文献   

4.
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.  相似文献   

5.
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.  相似文献   

6.
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.  相似文献   

7.
8.
ABSTRACT

The development and validation of empirically sound measures that operationalize the Triarchic model of psychopathy among youth is currently in the nascent stage. The present study aimed to examine the psychometric properties of a brief refined measure of the Triarchic model of psychopathy based on the Youth Psychopathic Traits Inventory (YPI-Tri-S) among a mixed-gender school sample of 782 youth (M?=?15.87 years, SD?=?1.72) from Portugal. Confirmatory factor analysis offered support for the theoretically expected three-factor structure. Cross-gender measurement invariance using the present sample and cross-sample measurement invariance of the YPI-Tri-S using a previously collected forensic sample of institutionalized males was established. The YPI-Tri-S showed adequate psychometric properties in terms of discriminant validity, convergent validity, concurrent criterion-related validity, known-groups validity, and internal consistency. Findings indicate that YPI-Tri-S is a valuable brief and psychometrically reliable and valid self-report measure of the Triarchic model of psychopathy for use in diverse samples of youth.  相似文献   

9.
寻求“自我”——中国法律思想史的传承与趋向   总被引:1,自引:0,他引:1  
俞荣根 《现代法学》2005,27(2):166-174
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。  相似文献   

10.
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…  相似文献   

11.
12.
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.  相似文献   

13.
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.  相似文献   

14.
15.
In recent decades, the criminalization of immigration and the use of private prisons have increased in popularity. The criminalization of immigration and the privatization of prisons work hand in hand in shaping the American criminal justice response to immigration. Privatization creates a powerful opportunity for the social construction of the undocumented immigrant into a powerful potential source of revenue for for-profit corporations. Private prison corporations, such as Corrections Corporation of American and The GEO Group, stand to profit significantly from the private immigration detention center. Several investigative reports have focused on how these companies stand to profit, but little attention has been given to the psychosocial consequences that impact immigrant detainees and their families.  相似文献   

16.
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.  相似文献   

17.
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.  相似文献   

18.
19.
Psychopathy and ADHD are highly comorbid disorders, possibly linked to the underlying trait of impulsivity. It is therefore likely that ADHD symptoms are also of importance when studying cognitive functioning linked to psychopathy. Few studies of psychopathy and cognitive functioning have taken ADHD symptoms into account. In this cross-sectional study, male offenders (n = 201 of whom 105 were neuropsychologically tested) were recruited from all high security correctional facilities in Sweden. The aim of the study was to investigate if self-reported ADHD symptoms and cognitive functioning could predict specific subcomponents of psychopathy in offenders. Results showed that self-rated ADHD symptoms (ASRS) and psychopathy were highly correlated. Furthermore, the associations of ASRS and PCL-R Facet 3, as well as TriPM Disinhibition, were remarkably high. As expected, ASRS was not related to either Facet 1 or 2 of the PCL-R, or to TriPM Boldness. Cognitive functioning did not contribute in predicting psychopathy beyond the effect of ASRS. The high overlap in reported symptoms highlights the importance of thorough clinical assessments to be able to distinguish psychopathic personality traits from ADHD and lessen the risk of misdiagnosis. Further, it points to the need of finding discriminative measures possibly linked to etiological underpinnings.  相似文献   

20.
This study introduces a Portuguese-language version of psychopathy checklist-revised (PCL-R) [Harv. Mental Health Lett. 12 (1995) 4] in the Brazilian penitentiary system. Hare's scale is used extensively in many other countries. In a forensic population sample of 56 male subjects classified as psychopaths and non-psychopaths [Manual for the Hare Psychopathy Checklist-Revised, Multi-Health System, Toronto, 1991], 33 correlated to global personality disorder (GPD) and 23 to partial personality disorder (PPD), respectively, subtypes of antisocial personality disorder [Manual for the Hare Psychopathy Checklist-Revised, Multi-Health System, Toronto, 1991]. Subjects were evaluated through psychiatric and neurological examinations, review of judicial records, Rorschach and PCL-R. A control group of 30 subjects without criminological or psychiatric history was also evaluated with the same instruments. PCL-R validation and identification of cutoff score for Psychopathy (GPD group) was assessed through the concurrent use of the Rorschach. PCL-R cutoff score for the Brazilian population was set at 23. Sensitivity was determined at 84.8%, and reliability was high (Kappa index = 0.87). GPD individuals were characterized as clearly psychopathic according to PCL-R criteria while PPD individuals can only be considered mildly psychopathic, with better chance of rehabilitation.  相似文献   

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