Firearms regulation,violence and the mentally ill: A contemporary Antipodean appraisal

As recent cases of mass murder at Utoya Island in Norway, and in the United States (US) at Virginia Tech, Virginia; Tucson, Arizona; Aurora, Colorado; and Newtown, Connecticut all illustrate, acts of extreme violence involving high powered weapons and committed by persons with a presumed or confirmed mental illness tend to arouse intense public and political debates about the efficacy of firearm regulation and control. Following these tragedies, in the US at least, various law reform measures have been proposed and in some cases implemented designed principally to make it more difficult for mentally ill persons to gain access to firearms. In this article it is contended that measures like these are at best tinkering with the margins of gun control and also have the tendency to reinforce the stigma and discrimination experienced by persons with a mental illness, while perpetuating stereotypes of them as dangerous to themselves and others. Despite these limitations, and while firearm regulation policies and practices vary widely across the globe, most nations still seek in some way to limit access to guns by persons with a mental illness. This article explores in more detail how such policies and practices have been applied in the Australian State of New South Wales and the lessons to be learned elsewhere from this experience.     

A positive domestic violence screen predicts future domestic violence

The objective of this study was to determine if a brief screen for domestic violence (DV) predicts future violence. We conducted a cohort study of adult women who presented to an inner-city emergency department during an 8-week study period. Participants were screened for DV using the Partner Violence Screen (PVS). At 4 months, follow-up telephone interviews were conducted: rates of verbal and physical violence were measured using the modified Conflict Tactics Scale. Relative risks of violent events (physical and verbal) were calculated. Of the 215 women who enrolled, 36 (16%) had an initial screen positive for DV. Ninety-six women participated in the follow-up phase; of these women, 9% had screened positive for DV. At 4 months, women with DV were 11.3 times more likely to experience physical violence and 7.3 times more likely to experience verbal aggression. The study's screen identified women at high risk for subsequent physical violence and verbal aggression.     

Using myths: Former Yugoslav perpetrators and violence

Since the fall of the Berlin Wall, increased levels of east to west immigration in Europe partly explains the delinquent activities among a growing number of Eastern Europeans in western cities. Young people from te former Yugoslavia have a reputation for being particularly violent. In this article we argue that the alleged violence among Yugoslav delinquents is not so much a reflection of reality, but rather a myth used instrumentally by Yugoslav delinquents themselves to establish a position on the criminal scene – as doorkeepers, bodyguards, money collectors or other so-called `specialists in violence'.     

Implicit attitudes toward violence among male perpetrators of intimate partner violence: a preliminary investigation

Whereas cognitive variables are hypothesized to play an important role in intimate partner violence (IPV) etiology and intervention, cognitive assessment methods have largely targeted offenders' explicit, controlled cognitive processing using paper-and-pencil questionnaires prone to social desirability biases. Using an implicit measure of attitudes (the Implicit Association Test [IAT]), we assessed attitudes toward gender, violence, and the association between gender and violence among 50 men enrolled in an IPV treatment program and a comparison sample of 40 nonviolent (NV) men. Although no group differences were noted on explicit attitudinal measures, men in the IPV group showed more positive implicit attitudes regarding violence, and a more rapid association between women and violence. Among men in treatment for IPV, the attitudes toward violence IAT was significantly correlated with self/partner-reported IPV frequency. In accordance with social information processing models of aggression, these results suggest that aggressogenic attitudes are likely to operate automatically and with little conscious deliberation. As a result, clinicians and researchers must adapt assessment and intervention strategies to capture both implicit and explicit aspects of cognitive processing.     

Reversing the historical tide of iatrogenic harm: A therapeutic jurisprudence analysis of increases in arrests of domestic batterers and rapists

Therapeutic jurisprudence (TJ) proposes that the law is a social force that can heal or cause harm to parties in a legal action. Historically, women victims of intimate partner rape and domestic violence could not seek justice in the legal system because police, like other actors in the justice system, treated these offenses as private matters or fabrications. In domestic violence and intimate rape cases, TJ is concerned with the needs of the victims, and how the law and police play a role in increasing their well-being. In this article, we use a TJ approach to the study of police responsiveness to victims of these offenses by investigating arrests of the offenders pursuant to law reforms that encourage or mandate arrest. Given that in these offenses, victims have the lowest reporting rates of any violent crime, the victim decision to call the police represents an expectation that the mere physical presence of a police officer may redefine the nature of the violence from a private conflict to a societal wrong that will not be tolerated. Police partnership with and treatment of the victim with respect and dignity can change the dynamics of the violence, terminate the violence, and set the criminal justice process in motion by arresting the offender in most cases. Police arrest, and subsequent prosecution and conviction, sends a message to offenders that society does not tolerate their violence, and allows the victim to begin to heal. Yet, past research indicates that police are less likely to arrest intimates than acquaintances and strangers in misdemeanor and aggravated assault, rape, and sexual assault cases. Using the National Incidence Reporting System (NIBRS) for the year 2000, we examine police arrests of intimate partner rape and domestic violence in jurisdictions with mandatory and presumptive arrest policies compared to police arrests in full discretion jurisdictions. We also ascertain whether arrest rates are higher for strangers and acquaintances than for intimates in misdemeanor and aggravated assault, kidnapping, and rape and sexual assault. Third, we determine whether police arrests of intimate partner rape is more likely if there is evidence of violence, injury to the victim, and use of a weapon. Our multivariate findings suggest that both the rape and the domestic violence reform movements have reversed the tide of historical negative treatment of female victims of these offenses. Logistic regression analysis indicates that police agencies in mandatory and preferred arrest jurisdictions increase the odds of arrest for domestic violence incidents and violations of orders of protection, compared to police agencies in jurisdictions with permissive/discretionary arrest policies. In addition, intimate violence increases the odds of arrest by 98%; forcible rape accompanied by simple assault or kidnapping increases the odds of arrest by 467 and 222%, respectively whereas forcible fondling accompanied by simple assault increases the odds of arrest by 293%. We discuss the implications of our findings for future law reform as well as TJ.     

Outpatient commitment: a therapeutic jurisprudence analysis.

This article analyzes the legal and therapeutic jurisprudence considerations raised by outpatient commitment. Although older forms of outpatient commitment have both legal and therapeutic advantages, preventive outpatient commitment raises serious legal problems and potential antitherapeutic consequences that may outweigh its claimed therapeutic value. As a result, alternatives are proposed, including wider availability of community treatment and outreach and case management services, assertive community treatment, police and mental health court diversion programs, and creative uses of advanced directive instruments and behavioral contracting. Proposals also are made for how preventive outpatient commitment can be applied more therapeutically, including hearings that accord patients a sense of procedural justice and techniques designed to motivate individuals facing such hearings to agree to accept treatment voluntarily.     

A consumer's perspective on domestic violence interventions

The current study takes a consumer perspective to examine the impact of legal and mental health systems on couples who are experiencing problems with domestic violence. Unfortunately, their thoughts and wishes are rarely considered when planning for change in their lives. The study asks couples what they think happens to cause abusive episodes, what happens to them when someone finds out about the abuse, and what their thoughts are about the interventions they receive. The specific interventions in this study were a pro-arrest policy and solution-focused brief therapy.     

Attitudes and beliefs about domestic violence: results of a public opinion survey: I. Definitions of domestic violence, criminal domestic violence, and prevalence

This study reports analyses and findings from a public opinion survey designed to explore beliefs about domestic violence (DV)-what it is, when it is against the law, and how prevalent it is. The project interviewed 1,200 residents from six New York communities. The analyses reveal substantial firsthand and secondhand experience with DV and strong consensus that acts of physical aggression should be labeled as DV, but substantially less certainty about the illegality of the abusive behaviors. Overall, the respondents were less inclined to define women's aggressive behavior in pejorative or unlawful terms than men's. Respondents believed that DV was common in their communities, and that it affected a significant minority of couples. Multivariate analyses provide little support for conventional wisdom about the impact of socioeconomic background on tolerance for or knowledge about DV, although gender, generation, and secondhand familiarity with DV incidents play a role in opinions and beliefs.     

The Rosenzweig Picture-Frustration Study "extra-aggression" score as an indicator in cognitive restructuring therapy for male perpetrators of domestic violence

It was hypothesized that male perpetrators of domestic violence in the early stages of a 1-year process of cognitive restructuring therapy would manifest on the Rosenzweig Picture-Frustration Study higher levels of extra-aggressiveness than in later stages of the therapy process. A sample of male batterers in the process of treatment took the Rosenzweig instrument. The resulting responses were rated by trained scorers. Chi-square calculations revealed that batterers in the first quarter of treatment manifested Rosenzweig responses indicative of extra-aggressiveness, whereas in the fourth quarter, batterers manifested Rosenzweig responses indicative of im-aggression. The data are discussed relative to implications for domestic violence treatment and the use of the Rosenzweig instrument as an index of treatment progress.     

司法考试中民法部分复习经验点滴谈

我国从80年代开始的律师资格考试,在进入21世纪后,已发展成每年参考人达数十万人的全国统一的司法考试。为适应形势的变化,如今不论是考试方法还是其教材或助考用书,都在内容编排、学科设置、整体框架、篇幅分配,以及编写的角度和深度等方面作了相当大的调整。可以说它们业已囊括了目前法学教育中最基本的知识。自然,司法考试中考生最关心的,还是究竟如何才能搞好其中民法的复习。 一、民法是市场交换的最一般的规则,民法学是整个大陆法系理论体系的核心内容     

惩防家庭暴力建构和谐家庭——多维视角下的家庭暴力问题

家庭是社会的细胞,在构建社会主义和谐社会的历史背景下,认真反思并全面破解家庭暴力问题,其理论意义和现实意义均格外重大。文章从经济、社会、文化、历史、法律等角度对家庭暴力问题作出了解读,希冀全面准确地揭示家庭暴力的内涵、根源与防治对策。     

Guilty but mentally ill: the South Carolina experience

Thirty of the first 45 individuals to receive guilty but mentally ill (GBMI) verdicts in South Carolina were interviewed using a structured interview schedule for diagnosis. The relationship of diagnosis to pretrial evaluation and posttrial conviction treatment are discussed. No person received GBMI in a jury trial. Suggestions to improve the operation of the GBMI verdict are made, as well as a brief review of these data with data from other states.