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41.
Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals
who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the
criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First,
they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission
of infectious disease and even for HIV/AIDS, despite claims of AIDS exceptionalism. Second, although there are examples of
individuals who transmit infectious disease in a manner that fits the criminal law paradigm of identification of individual
offenders for deterrence or retribution, these examples are limited and can be accommodated by existing criminal laws not
devoted specifically to infectious disease. Third, and most importantly, the current criminal laws regarding HIV/AIDS, like
many other criminal laws applied to infectious disease transmission, have been misguided in focusing on punishment of the
diseased individual as a wrongful transmitter. Instead of individual offenders, activities that enhance the scale of disease
transmission—behaviors that might be characterized as ‘transmission facilitation’—are a more appropriate target for the criminal
law. Examples are trafficking in human beings (including sex trafficking, organ trafficking, and labor trafficking), suppression
of information about the emergence of infection in circumstances in which there is a legally established obligation to disclose,
and intentional or reckless activities to discourage disease treatment or prevention. Difficulties remain with justifications
for criminalizing even these behaviors, however, most importantly the need for trust in reducing overall burdens of disease,
problems in identifying individual responsible offenders, and potential misalignment between static criminal law and the changing
nature of infectious disease. 相似文献
42.
Eric L. Piza Joel M. Caplan Leslie W. Kennedy 《Journal of Quantitative Criminology》2014,30(2):237-264
Objectives
Despite the popularity of closed circuit television (CCTV), evidence of its crime prevention capabilities is inconclusive. Research has largely reported CCTV effect as “mixed” without explaining this variance. The current study contributes to the literature by testing the influence of several micro-level factors on changes in crime levels within CCTV areas of Newark, NJ.Methods
Viewsheds, denoting the line-of-sight of CCTV cameras, were units of analysis (N = 117). Location quotients, controlling for viewshed size and control-area crime incidence, measured changes in the levels of six crime categories, from the pre-installation period to the post-installation period. Ordinary least squares regression models tested the influence of specific micro-level factors—environmental features, camera line-of-sight, enforcement activity, and camera design—on each crime category.Results
First, the influence of environmental features differed across crime categories, with specific environs being related to the reduction of certain crimes and the increase of others. Second, CCTV-generated enforcement was related to the reduction of overall crime, violent crime and theft-from-auto. Third, obstructions to CCTV line-of-sight caused by immovable objects were related to increased levels of auto theft and decreased levels of violent crime, theft from auto and robbery.Conclusions
The findings suggest that CCTV operations should be designed in a manner that heightens their deterrent effect. Specifically, police should account for the presence of crime generators/attractors and ground-level obstructions when selecting camera sites, and design the operational strategy in a manner that generates maximum levels of enforcement. 相似文献43.
Leslie Green 《Ratio juris》2016,29(2):164-181
This paper addresses the relationship between law and coercive force. It defends, against Frederick Schauer's contrary claims, the following propositions: (a) The force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. (b) Even if coercion is not part of the concept of law, coercion is connected to law many important ways, and these are amply recognized in contemporary analytic jurisprudence. (c) We cannot determine how important coercion is to the efficacy of law until we know what counts as coercive force. The question of what counts as coercion is not a matter for generalization or stipulation. It requires an explanation of the concept of coercion. 相似文献
44.
45.
Stephen Kisely Leslie Anne Campbell Neil J. Preston Jianguo Xiao 《International journal of law and psychiatry》2006,29(6):507
Epidemiological studies using administrative databases have several advantages over other methodologies in studying the effectiveness of compulsory community treatment such as community treatment orders (CTOs). We compared patients placed on CTOs in Western Australia with controls drawn from both within the jurisdiction and from another without this measure (Nova Scotia). Although in different countries, the mental health services in both jurisdictions share common characteristics. Notably, we were able to control for forensic history in our comparison within Western Australia. We analysed predictors of admission and number of bed-days using multiple, logistic or Cox regression as appropriate. Of the 274 subjects placed on a CTO, we were able to find controls for up to 96% (n = 265). CTO placement was not associated with reduced admissions or mean bed-days, although there was a threshold effect with a reduced risk of inpatient stays exceeding 100 days. Outpatient contacts were significantly greater for the CTO group. However, we do not know whether the intensity of treatment, or its compulsory nature, effected outcome. 相似文献
46.
Adaptive and Maladaptive Gatekeeping Behaviors and Attitudes: Implications for Child Outcomes After Separation and Divorce 下载免费PDF全文
Gatekeeping has been used as a theory and a measure to describe and assess family dynamics within the context of separation and divorce. In this article, we explore adaptive and maladaptive gatekeeping behaviors and attitudes that can affect the other parent's relationship with the child. Implications are presented for connecting adaptive and maladaptive gatekeeping responses to child outcomes of safety, well‐being, and positive parent–child relationships following separation and divorce. We build on the recent attention to gatekeeping as a potential framework within the child custody context. 相似文献
47.
Landor A Simons LG Simons RL Brody GH Gibbons FX 《Journal of youth and adolescence》2011,40(3):296-309
Research has documented a negative relationship between religion and risky sexual behavior. Few studies, however, have examined
the processes whereby religion exerts this effect. The present study develops and tests a model of various mechanisms whereby
parental religiosity reduces the likelihood of adolescents’ participation in risky sexual behavior (early sexual debut, multiple
sexual partners, and inconsistent condom use). Structural equation modeling, using longitudinal data from a sample of 612
African American adolescents (55% female), provided support for the model. The results indicated that parental religiosity
influenced adolescent risky sexual behavior through its impact on authoritative parenting, adolescent religiosity, and adolescent
affiliation with less sexually permissive peers. Some mediating mechanisms differed by the gender of the respondent, suggesting
a “double-standard” for daughters but not for sons. Findings also indicated the importance of messages about sexual behavior
that are transmitted to adolescents by their peers. Theoretical and policy implications of the findings are discussed. 相似文献
48.
49.
Tarditi CR Grahn RA Evans JJ Kurushima JD Lyons LA 《Journal of forensic sciences》2011,56(Z1):S36-S46
Approximately 81.7 million cats are in 37.5 million U.S. households. Shed fur can be criminal evidence because of transfer to victims, suspects, and/or their belongings. To improve cat hairs as forensic evidence, the mtDNA control region from single hairs, with and without root tags, was sequenced. A dataset of a 402-bp control region segment from 174 random-bred cats representing four U.S. geographic areas was generated to determine the informativeness of the mtDNA region. Thirty-two mtDNA mitotypes were observed ranging in frequencies from 0.6-27%. Four common types occurred in all populations. Low heteroplasmy, 1.7%, was determined. Unique mitotypes were found in 18 individuals, 10.3% of the population studied. The calculated discrimination power implied that 8.3 of 10 randomly selected individuals can be excluded by this region. The genetic characteristics of the region and the generated dataset support the use of this cat mtDNA region in forensic applications. 相似文献
50.