刑侦取证组证论

侦查破案与司法控罪都要以取证用证为基础。刑侦取证与心理现场有密切的关系,它们需要研究证据事实与证据材料的关系,研究涉嫌证据的特点与诉讼证据的组织。刑侦取证的目的是组织证据体系,终结侦查,这也需要研究证据体系的类型、组证原则和方法等相关问题。     

Chapter 4. Concepts of Mental Health and Mental Illness in Older Hispanics

Abstract

The effect of cultural context in symptom expression and interpretation among older Hispanics, and how they experience psychological distress are not well-understood. We use the illness representation model to learn about older Puerto Ricans' and Dominicans' conceptions and causes of positive mental health, the causes of emotional problems, the conceptions and causes of depression and anxiety, the distinction between depression and anxiety, and the relationship between age and depression. Greater understanding of the meaning of symptoms and syndromes of depression and anxiety might help to define more culturally-sensitive mental health treatments and service delivery systems.     

Correlative Factors for Organic Psychotic Symptoms in Patients Following Traumatic Brain Injury

Objective To investigate the correlative factors for organic psychotic symptoms following trau matic brain injury （TBI）. Methods In the current study, 391 subjects who had undergone forensic iden tification of the organic mental disorders due to TBI were included, both the demographic and posttrau matic information collected. The relevant data were statistically analyzed in those confirmed as organic psychotic syndrome according to Chinese Classification of Mental Disorders 3rd version （CCMD3）. Re suits Fiftytwo subjects （13.3%） were identified as organic psychotic symptoms. The chisquare test showed that the detectable organic psychotic symptoms were associated with the marriage status, damage nature, injury severity and treatment, and the multivariate logistic regression analysis revealed good fitness of treatment and injury severity with the regression model （OR=0.044, 95% CI： 0.0170.114; OR=2.145, 95% CI： 1.201-3.832, respectively）. Conclusion The risks of organic psychotic symptoms following TBI can be involved in the alternative of craniotomy for the cases with trauma and moderate brain injury.     

从政府角度浅析转型期社会秩序重建途径

目前我国正处于社会转型期,主要体现在体制转轨、社会整体的和全面的结构状态过渡及社会形态变迁。在这一转变过程中,社会失序表现得越发明显。主要表现在严峻的犯罪形势、公共权威的弱化、部分社会规范不能得到正常的遵守和维护及社会矛盾突出,常规社会控制手段无法运转。因此,政府应及时、有效全程干预社会秩序,保障权力的运行;加强社会秩序问题潜伏、引发阶段的社会秩序监测和预警,及时修补现有秩序的防御功能;提高社会秩序问题爆发、持续阶段的新秩序建构能力,发挥新秩序的应急功能;加强社会问题善后阶段社会秩序的恢复和重构,重新发挥社会秩序的长久保障功能。     

精神病态罪犯的情绪障碍模型评述

精神病态是一种表现在人际关系、情感、生活方式和反社会特质等方面的人格障碍。国外精神病态关于情绪障碍模型存在着几种主要观点及神经机制,但是各种模型均存在一定的不足,最主要的问题是模型过于简单、忽视其他特质的影响以及以成年白人罪犯为主要研究对象。精神病态罪犯的情绪障碍研究应朝三个方向努力,即认知模型与神经模型相整合,注意在行为表现与神经机制之间起着调节作用,开展跨文化研究。     

Governing peacekeeping: the role of authority and expertise in the case of sexual violence and trauma

Abstract

The surprising authority of gender expertise on sexual violence within post-Cold War peacekeeping can be understood by tracing how sexual violence became linked with political torture and combat violence in peacekeeping security rationality. The linkage emerged from the development of Post-Traumatic Stress Disorder (PTSD) theory within anti-Vietnam war activism, which gained international authority during the 1980s. Post-Cold War narratives of ‘multi-dimensional’ peacekeeping as the policing and rehabilitation of perpetrators and victims for self-government drew on PTSD expertise on ‘integrity violations’, thus problematizing sexual violence. However, gender expertise should not be dismissed as providing ideological cover for imperialist projects: the contingent authority gender expertise has claimed has disrupted the peacekeeping narrative by representing peacekeeping operations as fostering flourishing sex industries in which integrity violations are a norm.     

Attitudes among medical and law students toward decision-making in regard to involuntary psychiatric hospitalization

Background

The management of individuals with mental illnesses sometimes requires involuntary hospitalization. The Israel Mental Health Act requires that cases of involuntary psychiatric hospitalization (IPH) be periodically reviewed by the district psychiatric committee. The discussion in the committee often leads to debate regarding the need for an IPH potentially depriving the patient of his freedom. Little is known about the way in which the psychiatrists and attorneys on these committees arrive at their decisions. The present study was designed to examine the views of future doctors and attorneys concerning cases of possible IPH to determine whether their decisions would be influenced by their respective professional educational backgrounds.

Methods

After compiling demographic data, we asked 170 students from each of the two disciplines what their decision would be in two hypothetical cases that dealt with the question of a prolongation of a psychiatric hospitalization. Questionnaires examining social distance and possible stigmatizing views concerning psychiatric patients were also distributed and collected.

Results

The response rates for the medical and law students were, respectively, 90% and 85%. We found no differences between the medical and law students regarding their views on prolongation of a psychiatric hospitalization. This was consistent regardless of whether the hospitalization was against the patient's will or according to his wish and against the treating physicians' advice. We also found that the medical and law students had similar general views regarding psychiatric patients, but that the latter evidenced greater social distance than the former.

Conclusions

Academic background and socialization were not found to influence the decisions of students regarding IPH. Educational programs and exposure to psychiatric patients during law studies are proposed to lessen psychiatric stigma and promote better understanding between members of the two disciplines.     

Recognition and understanding of goals and roles: The key internal features of mental health court teams

The increasing involvement of people with mental illness in the criminal justice system has led to the formation of specialty programs such as mental health courts (hereafter MHCs). We discuss MHCs and the teams serving these courts. Specifically, we examine team members' perceptions of MHC goals and their own and others' roles on the MHC team. Using a semi-structured interview instrument, we conducted 59 face-to-face interviews with criminal justice and mental health treatment personnel representing 11 Ohio MHCs. Findings from our qualitative data analyses reveal that MHC personnel understand individuals' roles within the teams, recognize and appreciate the importance of different roles, and share common goals. MHCs could foster this level of understanding and agreement by working to recruit and retain individuals with experience in or willingness to learn about both the criminal justice and mental health systems. Future research should explore the impact of MHC team functioning on client outcomes.     

Implementing the Mental Health Act 2007 in British general practice: Lessons from Ireland

Changes in mental health legislation (e.g. Mental Health Act 2007 in England and Wales, Mental Health Act 2001 in Ireland) have generally improved adherence to international human rights standards, but also present challenges to primary care providers. When mental health legislation was substantially reformed in Ireland, 62.9% of general practitioners (GPs) felt the new legislation was not user-friendly. Majorities of GPs who felt the legislation affected their practice reported increased workloads (85%) and various other difficulties (53%). GPs who had received training about the legislation were more likely to find it user-friendly (43% versus 30.9%), and informal training (e.g. from colleagues) was just as likely as formal training to be associated with a GP finding it user-friendly. With similar changes to mental health legislation being introduced in England and Wales, it is significant that informal training is just as good as formal training in helping GPs work with new mental health legislation.