The Relevance of Intention to Criminal Wrongdoing

In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan (Crime and culpability: a theory of criminal law. Cambridge University Press, New York, 2009), Chiao (Crim Law Philos 4:37–55, 2010), Walen (Crim Law Philos 3:71–78, 2009)]. We then turn to some influential theories that articulate a direct role for intentions [e.g., Duff (Answering for crime: responsibility and liability in the criminal law. Hart Publishing, Portland, 2007), Husak (Crim Law Philos 3:51–70, 2009)]. While we endorse the commitment to such a role for intentions, we believe that extant theories have not yet been able to adequately address certain objections or solve certain puzzles, such as that some attempt convictions require criminal intent when the crime attempted, if successful, requires only foresight, and that some intended harms appear to be no more serious than non-intended ones of the same magnitude, for example. Drawing on a variety of resources, including the specific version of the Doctrine of Double Effect we have developed in recent published work, we present solutions to these puzzles, which in turn provide mutual support for our general approach to the role of intentions and for thinking that using others as means is itself a special kind of wrongdoing.     

Sexual Harassment Litigation: a Road to Re-victimization or Recovery?

Various aspects of the judicial process have been hypothesized as damaging to sexual harassment plaintiffs, though limited research has been conducted that actually examines this hypothesis. We examined data from a large sample of women who participated in a class action lawsuit alleging workplace sexual harassment and discrimination (n?=?1218) and another sample of similarly situated women who opted out of litigation (n?=?465, non-litigants). We then followed the litigants for 5 years. This study takes an initial look at some of the variables theorized to play a role in the psychological outcomes of both harassment and subsequent litigation. Both the severity of harassment and participation/persistence in the litigation process were related to psychological outcomes at each of three assessments across a 5-year period; the frequency and severity of harassment, as well as plaintiffs’ cognitive appraisals of their situation, appeared to have the strongest relationship to psychological harm. Results of multivariate analysis of covariance (MANCOVA) revealed that participation and persistence in litigation played a consistent role in psychological outcomes across time, over and above the impact of harassment itself. However, litigation did not appear to be the cause of psychological outcomes as posttraumatic stress disorder (PTSD) symptomatology, in particular, was the result of the original harassment experience.     

Neuropsychological,Psychological, and Vocational Assessment of High Achievers in a Medicolegal Context

High achievers are a unique subset of persons referred for neuropsychological and psychological assessments in medicolegal contexts, including personal injury, disability, and workers’ compensation cases. Literature in this area is limited and poorly integrated, and neither a conceptual model nor best evidence-informed practices for the assessment of high achievers in the medicolegal context have yet emerged. Construct and methodological issues also hamper the ability of assessors to accurately and fairly assess this specialist group, which is particularly troubling in high-stakes forensic assessments. This paper reviews the current methodological issues involved in the assessment of high achievers and proposes an integrated, multimethod assessment model based on a particular vocational group, namely that of business leaders and entrepreneurs, that draws from available empirical research in different fields of psychological inquiry.     

Treatment-Related Reductions in Disability Are Associated with Reductions in Perceived Injustice Following Treatment of Whiplash Injury

Emerging evidence suggests that perceived injustice is a risk factor for poor recovery outcomes in individuals with whiplash injuries. The present study examined the relative contributions of treatment-related reductions in pain severity, depressive symptoms, and disability in the prediction of reductions in perceived injustice in individuals with whiplash injury. The study sample consisted of 71 individuals (43 women and 28 men) who sustained whiplash injuries in motor vehicle accidents and who were enrolled in a treatment program designed to promote functional recovery following whiplash injury. For the purposes of this study, only individuals who scored above the risk threshold on a measure of perceived injustice were included in the study sample. Participants completed measures of pain severity, disability, depressive symptomatology, and perceived injustice prior to treatment and after treatment. Change scores were computed for study variables. The results revealed that reductions in pain severity and disability were correlated with reductions in perceived injustice. Regression analyses revealed that only reductions in disability contributed significant unique variance to the prediction of reductions in perceived injustice. Clinical and theoretical implications of the present findings are discussed.     

Psychometric Properties of a Brief Instrument to Assess Perceptions of Injustice Associated with Debilitating Health and Mental Health Conditions

The present study examined the psychometric properties of a shortened and simplified version of the Injustice Experience Questionnaire (IEQ). The instructional set of the original IEQ was modified to make it better suited to the context of debilitating health and mental health conditions that do not necessarily arise as a result of injury. The number of items was reduced from 12 to 5, and the response scale was simplified. The Injustice Experiences Questionnaire – Short Form (IEQ-SF) was administered to individuals diagnosed with a chronic musculoskeletal (MSK) condition (N?=?88) or major depressive disorder (MDD) (N?=?87). The internal consistency of the IEQ-SF was acceptable. The IEQ-SF was significantly correlated with measures of pain severity, depressive symptom severity and disability in both samples. Individuals with MDD scored higher on the IEQ-SF than individuals with MSK. The IEQ-SF was shown to be sensitive to treatment-related reductions in perceived injustice. Preliminary analyses suggest that the IEQ-SF is a reliable and valid measure of disability-related injustice perceptions associated with debilitating health and mental health conditions.     

浅论对侦查行为的法律监督

我国现行侦查程序缺乏有效的法律监督．检察院对侦查程序的提前介入没有立法上的保障,法院无权对侦查机关的行为进行审查和控制,犯罪嫌疑人无权与侦查机关进行平等的对话和抗争。因此,从基本理念和基本结构上对我国侦查程序进行反思,有必要限制侦查机关的权力,保护被追诉方的权利,并赋予法院对侦查行为的司法审查权。     

浅析不动产预告登记制度——兼论我国预告登记制度的完善

预告登记是起源德国普鲁士法的一项古老制度,其旨在保护以不动产物权变动为目的的债权请求权,因其在保障不动产交易安全、促进交易效率等方面发挥了非常重要的作用,后被许多国家和地区采用。我国于2007年10月1日施行的《中华人民共和国物权法》正式确立了不动产预告登记制度,但是它在实践中还存在许多不足,亟待解决。