Child witnesses and the confrontation clause

InMaryland v. Craig, the United States Supreme Court relied heavily on a brief prepared by a committee of the American Psychology-Law Society on behalf of the American Psychological Association (APA). The APA brief concluded that sexually abused children may be particularly vulnerable to distress in the legal process, especially when forced to confront the defendant face to face, and that such acute distress may be inconsistent with the state's interests in promotion of reliable testimony and child welfare. APA also argued that psychological theory and research provide foundations for individualized determination of the need for measures to protect children from face-to-face confrontation. *** DIRECT SUPPORT *** AFE06051 00002     

Locus of control and sex offenders with an intellectual disability

Locus of control has been implicated as an important construct that is related to treatment outcome for several groups of offenders, including sexual offenders. However, little attention has been paid to how this construct is related to sexual offending by people with intellectual disabilities. Given this, 41 participants with intellectual disabilities were recruited into three groups: sex offenders who had undergone psychological treatment, sex offenders who had no history of treatment, and nonoffenders. All participants completed measures of locus of control and distorted cognitions. There was a significant difference between those who had and had not completed treatment in terms of cognitive distortions relating to sexual offending. There was no significant difference between the three groups on the measure of locus of control, with all three groups endorsing an external locus of control. Three possible explanations for how locus of control relates to sexual offending by people with intellectual disabilities is explored and discussed.     

The rights of people with an intellectual disability in The Netherlands: from restriction to development

The purpose of this article is to discuss whether the right to self-determination is the only and the best principle in health law for care providers to support their clients with an intellectual disability, or whether other principles such as the right to development, the right to good care and the right to protection might lead to a better protection of the rights of clients in this field of care. The right to self-determination is the central principle in the Dutch Psychiatric Hospitals (Compulsory Admissions) Act, which at times seems less than beneficial to the legal position of persons with an intellectual disability. The question is whether a new (alternative) legal framework, in which the focus shifts to the right to good care and the right to development, might improve the legal position of people with an intellectual disability.     

A comparison of seclusion rates between intellectual disability and non-intellectual disability services: the effect of gender and diagnosis

Introduction: The use of seclusion as a means of managing the extreme behaviours forensic patients in secure settings is a controversial yet often common practice, despite there being little evidence that seclusion as a practice has any significant therapeutic value for the patient. The aim of this study was to explore the use of seclusion and whether this differs as a function of gender and diagnosis across secure services. Method: This study collated data from 11 medium and low secure hospitals that admit male and female patients, with some services providing services for patients with intellectual disability (with or without co-morbid disorders), and others for patients with mental illness and/or personality disorder only. Results: Both gender and diagnosis were associated with differential seclusion rates. Seclusions were three times longer for patients in the non-ID compared to the ID service. Male seclusions (for any diagnosis) were around twice as long as those in female services. Female ID patients spent significantly less time in seclusion compared to other groups. Female ID was associated with two to three times the number of seclusion events per patient compared to other groups. No statistically significant association between the type of service and the reason for a patient being secluded. Conclusions: A range of organisational factors that determine the use and duration of seclusion are cited and merit further exploration. High rates of psychiatric co-morbidity and the complexity of patients admitted to services may also mediate risk and use of seclusion. The study supports the use of early intervention techniques and the adoption of positive behaviour support.     

Parenthood and adult criminal offending: The importance of relationship quality

Drawing on social control, social learning, and general strain theories, it was hypothesized that the quality of a parent-child relationship would be negatively related to adult crime. In addition, it was predicted that relationship quality would more strongly impact the criminal behavior of single parents, teenage parents, and those with prior criminal records. Data from the National Youth Survey were analyzed using a combination of probit and truncated regression. Results provided partial support for hypotheses.     

Risk assessment in offenders with intellectual disability: a comparison across three levels of security

In mainstream offender samples, several risk assessments have been evaluated for predictive validity. This study extends this work to male offenders with intellectual disabilities. Participants from high-, medium-, and low-security settings, as well as community settings, were compared on a range of risk assessments. The Violence Risk Appraisal Guide, HCR-20-Historical Scale, the Risk Matrix 2000-C (combined risk), and the Emotional Problems Scales-Internalising discriminated between groups, with participants from high security having higher scores than those in medium security, who had higher scores than those in the community. The Violence Risk Appraisal Guide, all HCR-20 scales, the Short Dynamic Risk Scale, and the Emotional Problems Scales (Internalising and Externalising) showed significant areas under the curve for the prediction of violence. The Static-99 showed a significant area under the curve for the prediction of sexual incidents. The discussion reviews the value of these various scales to intellectual disability services.     

The susceptibility of child witnesses to suggestion

This article deals with the reliability of child witnesses, in particular from the viewpoint that child witnesses should be treated with suspicion because their memories are very susceptible to suggestion. An experiment is reported, in which grade 3, grade 6, and college students were compared on their ability to recall events from a film, in the face of (mis)leading questions from an interrogator. The data showed that the grade 6 students were equal to the college students in memory capacity and in their ability to resist suggestion. The grade 3 students were inferior to the older subjects in these areas. However, the results from a second testing session led to the conclusion that although the younger children appeared to submit to suggestion much more readily than the older subjects, the effect of suggestion on actual memory was not significantly different for the three subject-groups. The implications of these findings are discussed with reference to the present status of child witnesses in Anglo-Saxon law systems.     

Predictive validity of the dynamic risk assessment and management system in individuals with intellectual disability residing in the community

Background. The Dynamic Risk Assessment and Management System (DRAMS) was created to measure dynamic risk in individuals with intellectual disabilities (ID). Steptoe, Lindsay, Murphy, and Young, (2008) examined the construct validity, reliability and predictive validity of the dynamic risk assessment and management system (DRAMS) in offenders with intellectual disability and found that the total DRAMS score and sections on mood, antisocial behaviour and intolerance/agreeableness predicted incidents with a medium effect size for offenders with ID residing in high secure settings.     

医疗事故致残程度与事故参与度

医疗事故是指在诊疗护理工作中,因医务人员过失,直接造成病员死亡、残废、组织器官损伤导致功能障碍.根据最高人民法院的司法解释,医疗事故经济赔偿应当依照<民法通则>第119条规定、<医疗事故处理办法>的有关规定和参照地方政府医疗事故处理办法实施细则的有关规定,根据案件具体情况处理.去年年末,北京市海淀区人民法院审结的一桩医疗美容而引起纠纷的案件,首次将<消费者权益保护法>引进医疗事故处理中.在医疗事故处理实践中,根据病员的具体情况确定赔偿项目,计算赔偿金额.病员残疾赔偿金和医疗部门责任大小,是医疗事故赔偿中的核心问题.现行法律和法规对病员的残疾程度评定和医疗责任的划分未作明确规定,本文为此作出探讨.     

Child sexual abuse and adult romantic adjustment: comparison of single- and multiple-indicator measures

This study compared the usefulness of single- and multiple-indicator strategies in a model examining the role of child sexual abuse (CSA) to predict later marital satisfaction through attachment and psychological distress. The sample included 1,092 women and men from a nonclinical population in cohabiting or marital relationships. The single-item measure assessed the presence or absence of CSA. The multiple-indicator measure included items relating to level of force, relationship with perpetrator, number of abusive experiences, and nature of assault. Structural equation modeling indicated that, for research purposes, a dichotomized item provided as much information as a complex measure to predict the relationship between sexual abuse and marital adjustment through attachment representations and psychological distress. However, when analyses were conducted strictly within the CSA victims group, no correlation was found between abuse severity and psychosocial measures. The present results show that in a community sample, CSA may be an important risk factor that develops couple difficulties, regardless of the severity of the trauma.     

知识产权的客体和知识产权的内部统一性

知识产权的内部统一性的核心是如何概括知识产权的客体，既有理论均不能概括出知识产权客体的本质。由于知识产权几种主要权利类型的客体之间的重大差异，实际上无法抽象出知识产权权利客体之“一般”，但却可以从中抽象出客体之“一般特征”。知识产权客体的一般特征是：具有可共享性，因而必须借助法律才可能私权化。这一特征是知识产权内部统一性的根据，也决定了知识产权法体系化的可行模式。     

The cognitive interview: An innovative technique for questioning witnesses of crime

Conclusions Historically, little training has been available for investigators on interviewing witnesses and victims, but the critiques of both laboratory and field interviews indicate that current standard interview techniques can be improved considerably through training. The results of each of the studies reported here confirm that cognitive interviewing reliably enhances the completeness of a witness's recollection, and without increasing the number of incorrect or confabulated bits of information generated. Based on the examination of several interviews, a revision of the original Cognitive Interview was made, which was found further to enhance the quality of witness reports. The procedures are easy to learn and can be readily adopted in routine police interview procedures. In fact, the Cognitive Interview currently is in use as standard training at several police departments and at other law enforcement agencies. Further information regarding the Cognitive Interview technique and training programs for investigators can be obtained from either of the authors.     

The Missing Child in Child Protection: The Constitutional Context of Child Maltreatment From Meyer to DeShaney

This paper employs DeShaney v Winnebago County (1989) as an illustration of how the law has lost sight of the interests of children in cases of child maltreatment. The historical constitutional context of child maltreatment – balancing state's interests and parental rights – is discussed. The opinions in DeShaney and two of the major criticisms of the majority's opinion – the action versus inaction dichotomy and the restrictive interpretation of the special relationship doctrine – are then considered. Legislatively created entitlements to protection are suggested as an avenue of relief for injured children which also necessitates a focus on the rights and interests of children.     

The problem of interviewing drug addicts in custody: A study of interrogative suggestibility and compliance

Abstract

The interrogation of drug addicts in custody presents a problem. The reliability of confessions made either under the influence of drugs or during drug withdrawal may be adversely affected. This study explores the effect of drug use and drug withdrawal on interrogative suggestibility and compliance. These two psychological factors are relevant to erroneous testimony. The interrogative suggestibility and compliance of heroin addicts on an inpatient drug unit were measured on opiates, whilst withdrawing from opiates and drug free. The interrogative suggestibility and compliance of the group of subjects as a whole did not differ significantly in these three conditions. However the results did suggest that a subgroup of vulnerable individuals may have been more suggestible when under the influence of opiates. Further work is needed to clarify these results and to aid professionals assessing fitness for interview and cases of retracted confessions.     

A comparison of the neuropsychological profiles of adult male sex offenders and non-offenders with a learning disability

Abstract

The present study compared the neumpsychologlcal pmfiles of a group of adult male sex offenden with a laming disability (n-42) with a group of adult male non-offenders with a learning disability (n-42) using the Wechsler Adult Intelligence Scale - Revised (1986). The groups wen matched for full-scale IQ. Thc study found that the non-offender group had significantly higher Verbal 1Q scorn than the sex offender group. No significant differences wen found for Performance IQ. The non-ofinder group was also found to have significantly hlgher scores on the Vocabulary sub-test than the sex offender group and the sex offender group was found to have significantly higher scores on the ObJecr Assembly subtest than the non-ofinder group. Finally. the sex offender group was found to have a significantly lower Verbal IQ than Performance IQ. No significant Verbal-Performance discrepancy was found for the non-offender group. Possible implications of these findings are dlscusscd.