刑法司法公信力:从基础到进退

与司法公信力和司法公众认同之间的关系相对应,刑法司法公信力与刑法司法公众认同也互为表里,且后者构成了前者的基础。刑法司法公信力与刑法司法公众认同之间的关系有着心理学基础和规范有效性基础,并蕴藏着有效控制犯罪以达致维护社会和谐稳定的最终法治效果。如果想确保并提升刑法司法公信力,则必须致力于刑法司法公众认同,包括刑法解释公众认同、司法定罪公众认同和司法量刑公众认同。刑法司法解释公众认同、司法定罪公众认同和司法量刑公众认同先后构成了刑法司法公信力的环节性基础,从而确保了刑法司法公信力的环节性实现。刑法司法公信力以价值衡量为进,以法治底线为退。     

Using wilderness therapy in treating adolescent sexual offenders

Abstract

This article describes a follow-up study of 14 adolescent sexual offenders who had attended a community treatment programme. A core component of their treatment included outdoor wilderness group therapy. Interviews were conducted with adolescents and parents and tapped several areas including social skills and peer relationships, victim empathy, cognitive distortions, safety plans and coping with high risk situations, sexual offending cycle, perceived level of risk, intimacy and sexuality. The study also examined the child protection service records of the It adolescents. Data from child protection service computer records showed that none of the adolescents had reoffended. Interviews with adolescents and families focusing particularly on the wilderness component of the programme showed positive changes.     

In their own voices: Report of a study on the later effects of child sexual abuse

Abstract

The purpose of this American study was to explore the later effects of sexual abuse in females. in pre or early adolescence. Based on interviews mith a sexually abused group and a comparison group. the study found that incidents of sexual abuse led to numerous harmful later outcomes for their victims. In contrast to a similar but non abused sample, the victim of abuse were characterized by: harboring thoughts of depression. death and suicidal ideation; experiencing lower self-esteem; having fewer close friends; experiencing more verbal altercatfons with their parent or parents; running away from home; having multiple sexual partners; engaging in sexual acti vity a t an earlier age; not using birth control; having an increased chance of becoming pregnant. andor an increased risk of contracting sexually transmitted disease, including HIV and AIDS. Based on these harmful later outcomes. there are many serious implications for child weUm policy and practice. The study's respondents valued assfstance that had helped them recover from the profound emotional trauma. However, they also indlcated that longer term services based in a multi-disciplinary setting, a one-stop facility in essence, would have provided them with more sensltive and effMtive assistance at the point of dfsclasure and subsequently.     

The red herring of adolescent mental health

An increase in adolescent distress and mental health symptoms has been clearly documented since the COVID-19 pandemic, as has increased exposure to adverse childhood experiences. Layer on top of these stressors being a youth of divorcing or separating high conflict families, and adolescent symptomatology can suddenly become a flashpoint for parental attention, division and conflict. Approaching cases using an ecological and family systems framework is necessary for accurate conceptualization and assessment of best interests in the context of child custody evaluations. Doing so ensures that adolescent mental health does not become a red herring in high conflict cases, leading to undue focus on the adolescent's mental health without considering other salient factors in the case, such as the broader parent conflict. Programs offered at the Center of Excellence for Children, Families & the Law at William James College designed to improve the lives of youth by addressing parental conflict are described.     

Navigating adolescent depression and anxiety in the context of parenting plan evaluations

This article touches upon theories accounting for the rise in adolescent anxiety and depression and how the prevalence of adolescent anxiety and depression affects how we navigate parenting plan evaluations. This article also discusses the importance of screening youth for depressive and anxious symptoms and assessing family, parental, and youth risk and protective factors related to adolescent depression and anxiety. This article also highlights the importance of assessing for mediating factors that increase the risk of anxiety and depression in youth in the context of parental separation, such as interparental conflict, financial difficulties, and limited contact with one parent. This article also identifies various methods of assessing depression and anxiety, including the adolescent interview, observations during the interview, and self-report measures. Additionally, this article discusses potential interventions that address mediators of the impact of divorce, such as parenting problems, family conflict, or the parent–child relationship.     

It's just so difficult to get anything done: Teen mental health in the family court setting

Navigating the family court setting to protect teen mental health, meet teens' mental health needs, and promote resilience and coping skills is challenging. We have tools that can help us meet that challenge. That toolkit includes: expanding who is involved in the work to develop a parenting plan or treatment plan; not reducing the case to a one-dimensional fact pattern; restructuring family court proceedings for ongoing problem-solving, providing protections for the teen's privacy; using consensual dispute resolution and adjudication on parallel tracks; and educating the decision makers through expert declarations and Brandeis briefs (even at the trial court level).