Tackling Drugs Together: The Possibilities for a Confidential Drug Service

This article explores the exchange of personal information between agencies working with drug users and the 'problems' created by confidentiality. Confidentiality may be conceptualised as a form of information privacy, which in turn derives from a wider idea of privacy. The authors take as a case study the 'Wintercomfort Case', concerning a day centre for drug users in Cambridge. The focus is to look at the legal and practice implications of the case, and to examine in particular the tensions that exist between welfare and justice agencies who may have access to the same information, but who may also have different agendas and objectives in taking action.     

我国借鉴期待可能性理论的分析

在我国全面构建和谐社会、大力贯彻宽严相济刑事政策的新形势下,迫切需要刑法理念的更新以寻求情、理、法的统一。期待可能性理论因其立足人性,符合刑法谦抑原则等而具有相应的合理性,借鉴其"合理内核"对于我国当前的刑事司法具有特别意义和积极作用。     

THE APPLE DOESN'T FALL FAR FROM THE TREE (OR DOES IT?): INTERGENERATIONAL PATTERNS OF ANTISOCIAL BEHAVIOR—THE AMERICAN SOCIETY OF CRIMINOLOGY 2008 SUTHERLAND ADDRESS*

There is a growing literature on intergenerational studies of antisocial behavior and a growing understanding of the unique contributions they are likely to make. At the same time, the field has yet to agree on core design features for intergenerational study. In this article, I propose a set of defining design elements that all intergenerational studies should meet and I discuss the advantages of these studies for enhancing our understanding of the onset and course of delinquent careers. I then use data from the ongoing Rochester Intergenerational Study to illustrate these points and the potential yield of intergenerational studies. In particular, I examine intergenerational continuities in antisocial behavior and school disengagement, test the cycle of violence hypothesis to see whether a history of maltreatment increases the likelihood of perpetration of maltreatment, and estimate a structural equation model to help identify mediating pathways that link parents and children with respect to antisocial behavior.     

A Phenomenological and Grounded Theory Study of Women’s Experiences in Drug Court: Informing Practice Through a Gendered Lens

Drug courts have been a growing part of the criminal justice system since 1989. This qualitative study adds to the existing literature by developing an in-depth understanding of drug court from a woman’s (N?=?25) perspective. Phenomenology and grounded theory guided the data collection and analysis, resulting in three themes. First, the women found the drug court team to be compassionate and empathetic, which they reported supported them in being successful in the program. Second, the majority of women reported histories of trauma and felt that the drug court could be improved by offering them more resources to treat their trauma. Third, the majority of women reported being single mothers and they shared examples of how being a single parent was a challenge to being successful in the drug court. Implications for drug court practice are discussed.     

Police Use of Less Lethal Force: Does Administrative Policy Matter?

Scholars have long theorized that constraining police officer discretion via organizational policy improves decision-making. Empirically, prior research shows that more restrictive lethal force policies result in a reduction in the number of police shootings and in racial disparity. Yet, researchers have never examined the impact of less lethal force policies in relation to the full spectrum of less lethal force tactics. In addressing this research void, we examine 3,340 use of force incidents from three US agencies, each varying in terms of policy direction and restrictiveness. The results consistently show that officers working within the most restrictive policy framework used force less readily than officers who operated within more permissive policy environments. Hence, police administrators wishing to reduce coercion should consider the potential effect that a more restrictive policy may have on such behavior.     

Police officer involved shootings – retrospective study of situational characteristics

Abstract

The study analyzed the situational characteristics of 112 incidents where police used firearms to handle high threat situations. Most shooting incidents emanated from usually uneventful tasks, e.g., handling burglaries or disturbances. The assailants were commonly armed with firearms (26%), sharp (27%) or blunt objects (10%). The incidents were regularly short-lasting (in 39% were shots fired ≤3 s from threat emerged) and occurred at short distances (in 42% at distances ≤3 m). Predominantly, the first responders had to address the situation and did so with warning shots or, equally common, with fire-for-effect shots (40%) or a combination thereof. Psychological stress was manifested as feelings of panic at some point and as motor skill alterations, e.g., firing without using sights and with one hand only. Analysis of these incidents shows that all field duty police officers should receive training in handling potentially life-threatening, sudden, close-range attacks.     

Ensuring the validity of police use of force training

This research examined the skills and abilities required of officers to effectively manage situations where the use of force may be required. The research also considered the nature of training required to facilitate the development of these skills/abilities. Seventy Western Australia Police officers participated in focus groups. Identified skills/abilities fell into seven categories: Aware, Assess, Approach, Act, Automatic, Appraise and Adapt. With regard to developing proficiency in these skills, officers emphasised the importance of relevant, applied and dynamic training, debriefing and the use of scenarios/role plays. The research highlights the need to change the scope of annual refresher training from the appropriate and effective application of force to the effective management of situations in which the use of force may be required, in their entirety. Findings also highlight the need to change the focus of training from performance and assessment to continued skill development (i.e. practice and learning).     

对区域性国际组织运用武力的法律控制浅析

区域组织运用武力在新的世纪中更引人关注。在联合国宪章体系下,区域组织运用武力有三种类型。其中,集体自卫和授权型运用武力对及时有效地反对地区霸权主义、维护国际和平与安全具有重要意义。但从国际关系实践来看,区域组织运用武力尤其是授权型运用武力存在着较多问题,只有对其实行有效控制,才能发挥区域组织在维护国际和平与安全方面的作用。     

论土地征用之公益目的性

公益目的性是土地征用制度合法性的基础 ,由于价值判断的多元性 ,对公共利益的理解千差万别。公共利益实际上并非纯粹抽象的概念 ,对其进行解释有可能性和现实必要性。我国应改变土地征用行为中由行政机关随意解释公共利益的制度设计     

竞争机制下中国公司法变革之评析--以《公司法》资本制度的法律管制变革和防范机制确立为视角

我国《公司法》对公司资本制度作了重大变革,同时建立一整套替代性、配套性和支持性的防范机制.文章认为,我国公司资本制度还需在公司人格否认制度、股东代表诉讼制度和中介机构的法律责任等的微观层面上完善.