投放危险物质罪两个争议问题之重解

投放危险物质罪是危险犯,其本质在于通过投放毒害性、放射性等危险物质的方式危害公共安全;公共安全是指多数的人的生命、健康或者公私财产的安全。危险状态的存在意味着投放危险物质罪的构成要件齐备,从而构成既遂;否则,不足以成立既遂,根据情况,可能成立未遂或者预备、中止等形态;危险状态出现以后,即使行为人采取积极的措施消除这一危险状态,仍然属于危险犯的既遂,而这种既遂和实害犯的中止存在着法条竞合的关系。     

The prevalence of violence and relation to depression and illicit drug use among incarcerated women in Recife, Brazil

PurposeTo assess the prevalence and different types of violence experienced by women prisoners in Brazil and the effects of violence on women's depression and illicit drug use.MethodsParticipants (N = 377) were incarcerated women from a state prison in a northeastern city of Brazil. Multivariate logistic regression models (adjusted for age, education, partner status, prison history, drug related offense, and sentencing status) were used to assess associations between each type of violence (physical abuse, sexual abuse, and life threats) and each outcome variable: recent depression and illicit drug use.ResultsThe majority of participants (87%) reported experiencing some type of violence in their lifetime, including physical violence (83%), sexual victimization (36%), and threats on their life (29%.) Sexual violence was significantly related to both recent depression (Odds Ratio (OR) = 2.8; 95% Confidence Interval (CI) = 1.4–5.3) and recent substance use (OR = 2.7; 95% CI = 1.6–4.4) in adjusted models. Experiences of life threats were also significantly associated with illicit drug use (OR = 2.2; 95% CI: 1.3–3.7), as was physical violence (OR = 2.4; 95% CI: 1.2–4.9); however, neither of these latter two violence variables were significantly associated with depression.ConclusionReports of lifetime violence victimization among this incarcerated sample of women were extremely prevalent and relevant to women's depression and illicit drug use. Prison efforts to address women's depression and illicit drug use may be most effective by incorporating aspects related to women's history of victimization, especially given the high rates of violence experienced by women in this sample.     

Incapacity of the Mind Secondary to Medication Misuse as a Not Criminally Responsible Defense

The manifestations of disorders of the mind may play a role in the occurrence of criminal behavior. In the majority of the cases, the presence of a psychiatric disorder is cited as the reason that an individual was not fully aware of his behavior. However, other conditions, such as seizure disorders or hypoglycemia, have also been linked to an inability to understand the nature and consequences of one's actions. On occasion, these situations can be explained by a state of automatism that may be described as insane or noninsane. In this article, we describe the case of a 77‐year‐old man, suffering from Parkinson's disease, where the issue of criminal responsibility associated with incapacity of the mind secondary to medication misuse was raised. We elaborate on the thinking behind this opinion and the implications according to Canadian law. Although the legal outcome of this case is specific to our jurisdiction, the clinical implication may be common to any patient suffering from a similar condition and may inform physicians, families, and lawyers.     

Avoiding the internet of insecure industrial things

Security incidents such as targeted distributed denial of service (DDoS) attacks on power grids and hacking of factory industrial control systems (ICS) are on the increase. This paper unpacks where emerging security risks lie for the industrial internet of things, drawing on both technical and regulatory perspectives. Legal changes are being ushered by the European Union (EU) Network and Information Security (NIS) Directive 2016 and the General Data Protection Regulation 2016 (GDPR) (both to be enforced from May 2018). We use the case study of the emergent smart energy supply chain to frame, scope out and consolidate the breadth of security concerns at play, and the regulatory responses. We argue the industrial IoT brings four security concerns to the fore, namely: appreciating the shift from offline to online infrastructure; managing temporal dimensions of security; addressing the implementation gap for best practice; and engaging with infrastructural complexity. Our goal is to surface risks and foster dialogue to avoid the emergence of an Internet of Insecure Industrial Things.     

中国当前公共领域里道德一法律关系的一个侧面

中国社会变迁中,当公共领域里,利益矛盾直接而尖锐,主要须靠法律调节的情况下,道德-法律关系发生着重大变化.这个变化的表层是,道德论地位日益缩小,论作用逐渐减弱,从社会调控的前线退居二线;法律论地位日益扩大、上升,论作用日益强化,进入社会调控的第一线.这个变化的深层则是,道德是法律的精神或灵活,在立法、执法、司法、守法的全过程都是如此;而法律则是体现道德之精神、灵魂的载体.可以比方说,道德是统帅,法律是送统帅去其想去之处的车子;或可用中国哲学的范畴来表达:道德是体,法律是用.     

The development of the comprehensive health assessment tool for young offenders within the secure estate

Health inequalities are high among offending groups. The comprehensive health assessment tool (CHAT) is a semi-structured assessment developed to provide a standardised approach to health screening for all young offenders admitted to the secure estate. The four sections of the CHAT (physical health, mental health, substance misuse and neurodisability) were evaluated within a two-phased study of male adolescents (aged 15–18?years) within a young offenders institution in the north-west of England. Within Phase 1, a consecutive sample of 127 new receptions was assessed using the physical health, mental health and substance misuse sections of the CHAT against a range of reference standard assessments. Phase 2 of the study evaluated the neurodisability section on 93 male adolescents against reference standard tools. The four sections of the CHAT demonstrated fair to good convergent validity when compared against reference standard tools in male offenders. The diagnostic accuracy rate was 76% for mental health, 63% for physical health, 83% for substance misuse and 53% for neurodisability when compared against reference standard assessment tools. The introduction of the CHAT offers the opportunity to enhance existing reception screening practices and create an integrated approach to the assessment of health needs across the secure estate.