Child sexual abuse material in child-centred institutions: situational crime prevention approaches

ABSTRACT

This paper focuses on the potential for child-centred institutions to use situational crime prevention (SCP) strategies to prevent or reduce child sexual abuse material (CSAM) offending as a distinct form of child sexual abuse (CSA). We discuss the failure of the Royal Commission into Institutional Responses to Child Sexual Abuse in Australia to address the potential for CSAM offending to occur in child-centred institutions. Our premise is that CSAM offending is markedly shaped by the situation in which it occurs, rather than by any pre-existing preparedness to offend sexually against children. In this context, SCP for CSAM offending must be considered as part of overall strategies to combat CSA in institutional settings. However, we acknowledge that effective implementation of SCP in this area is not straightforward. We consider some of the challenges in implementing SCP at an institutional level.     

司法审查中的滥用职权标准——以最高人民法院公报案例为观察对象

考察最高人民法院公报上有关行政机关滥用职权的司法案例,可以发现其存在两种裁判逻辑。分离型裁判逻辑立基于形式违法性审查,根据“职权”或“滥用”单一要素进行判断,使得任何违法行使职权的行政行为都可能构成滥用职权。结合型裁判逻辑立基于实质违法性审查,认为构成滥用职权必须具备“职权”与“滥用”双重要素,滥用职权的实质是偏离法律目的行使裁量权。分离型裁判中的滥用职权与日常用语更为接近,结合型裁判中的滥用职权更符合行政诉讼法的立法精神。“滥用”的主观过错难以认定,影响了滥用职权标准的司法适用性。应以功能主义立场取代规则中心主义,借助均衡性的法律原则与功能性的自我规制技术,化解“滥用”之主观动机认定难的问题。     

劳动者维权异常名录:价值考量与制度纠偏

为规制职场“碰瓷”式维权行为,一些地方建立了劳动者维权异常名录机制。从概念来看,“维权异常”并非严格意义上之法律术语,它与虚假诉讼、恶意诉讼存在交叉。该机制虽能在一定程度上遏制“职场碰瓷”、虚假诉讼等行为的发生,缓和仲裁机关、法院的压力,并有助于社会信用体系建设,但维权异常的认定及名录发布行为在法律属性上存疑,相关的惩戒措施存在损害劳动者提起争议处理权、就业权之隐忧,更不利于劳动者的个人信息保护与企业的自律合规管理。因此,制度未来改进应确立适格的权力主体,并引入主观目的要素综合判断劳动者是否构成维权异常,预采取的惩戒手段要符合比例原则之要求。此外,亦要改进相关配套制度,如注重劳动争议纠纷的源头治理,建立健全劳动仲裁与诉讼的收费制度。     

Psychological factors influencing religious congregation members’ reporting of alleged sexual abuse

ABSTRACT

The sexual abuse of children within religious institutions has become a topic of increasing public concern in recent decades. However, to date there has been little in the way of psychological analyses of the processes by which congregation members judge the credibility of alleged abuses, or whether they would intend to report such allegations to the police. In this study, we examined the roles of ingroup identity, moral foundations, and social dominance orientation on reporting intentions and allegation credibility assessments among Church of England congregation members (n?=?454) and non-religious controls (n?=?457). While there were few predictors of reporting intentions, we found that churchgoers were consistently more sceptical of allegations of abuse, with these trends being differentially moderated by ingroup identification, the endorsement of various moral impulses, and anti-egalitarianism. We discuss our data in light of ongoing attempts to improve reporting procedures within the Church.     

Institutional Abuse: A Long History

ABSTRACT

This article explores the long history of institutions for children in Australia and of the existence of abuse within them. By examining the function that such institutions were designed to perform, and the forms and structures that were devised to best achieve such purposes, the article argues that abuse was all too often not simply inherent in, but essential to, institutional operation. It pays particular attention to the classification of children deemed to be in need of institutional “care” and shows how, through a process of “othering”, their institutionalisation too often rendered them vulnerable to abuse.     

固根萃取技术在系统药、毒物分析中的应用

根据反相色谱法及离子交换色谱法的原理,研制了一种固相萃取小柱,建立了筛分系统,可以同时完成对复杂体系中酸性、中性及碱性药、毒物的一次革取净化及富集,适应于系统毒物及药物筛分工作的需要。并对筛分柱的草取机理进行了初步的实验论证。     

Practice tips for managing challenges in parenting capacity assessments in child protection court

Courts frequently rely on parenting capacity assessments to make decisions about visitation and case progress in child protection court. Although these evaluations can provide valuable information to courts, they often involve assessing areas of human behavior that are not clearly defined in the literature. For example, mental health professionals are often tasked with identifying risk and protective factors for child maltreatment while identifying factors that can impede progress towards reunification. Although some of these factors may be easy to identify and assess (e.g., symptoms of mental illness or substance abuse), others may be more challenging. For example, factors such as denial and minimization about risk factors and maltreatment, a parent(s)’ ability to protect their child(ren) from future incidents of maltreatment, the parent(s)’ potential for change, and the consideration of what is in the best interest of the child are hard to assess. This article will provide a summary of the research in these areas, provide tips for managing these areas, and highlight directions for future investigation that will help inform parenting capacity assessments in child protection court.     

Managing children's and adolescents' medical complaints amid parent conflict: Strategies and tools for professionals

Children and adolescents who are having difficulty coping with stress often present with complaints of physical discomfort. Effective treatment approaches exist for many of these issues. Among high-conflict parents, however, children's medical issues can become another canvas for conflict, with parents focused more on blaming one another for the child's distress than on options for assisting the child. Professionals can be drawn into the conflict to such a degree that they overlook essential steps for addressing and managing these issues. The authors present a research-informed model for managing medical and psychophysiological issues amid parental conflict.     

Fatal Intoxication with Toluene Due to Inhalation of Glue

Two cases of fatal intoxications with toluene due to glue sniffing are described. In case 1, the autopsy did not indicate cause of death, while in case 2, the cause of death was determined to possibly be due to mechanical asphyxia by drowning. As the decedents had a history of glue sniffing, toxicological analyses were performed. Using gas chromatography with flame ionization detector and gas chromatography/mass spectrometry (GC/MS) with headspace method, toluene was detected in biological samples. Toluene ranged from 3.81 to 20.97 μg/g, with the highest concentrations observed in liver and brain (13.82–20.97 μg/g) in both cases. Based upon this data, the cause of death in both cases was determined to be toluene poisoning. Toxicological investigations are extremely important and should be considered mandatory in all deaths thought to be due to volatile substance abuse, as well as all deaths that are thought to be due to poisoning in young people.     

Among a German Sample of Forensic Patients,Previous Animal Abuse Mediates Between Psychopathy and Sadistic Actions

In an attempt to explain the relationship between psychopathy and severe violent behavior, this study associates previous animal abuse, psychopathy, and sadistic acting in forensic patients. Two topics are addressed: (i) whether previous animal abuse can be identified by a patient's Psychopathy Checklist profile and (ii) whether animal abuse statistically mediates between psychopathy and sadistic acting. In a German forensic hospital, 60 patients were investigated. Animal abuse was assessed using face‐to‐face interviews and the Psychopathy Checklist: Screening Version (PCL:SV), and sadistic acting was identified by file records.Discriminant analysis separated previous animal abuse (10/60) by high adolescent antisocial behavior, superficiality, lack of remorse, lack of empathy, and grandiosity. The mediation from psychopathy to sadistic acting (6/60) through animal abuse was found to be complete.The results, although sample size is limited and base rate of animal abuse and sadistic acting are low, fit with a model suggestive of animal abuse as a causal step toward sadistic crimes. Animal abuse correlates with callous, unemotional traits, and a development of sadistic crimes.