The Child in European Human Rights Law

This article examines the category of ‘the child’ in European human rights law, based on an analysis of the child‐related jurisprudence of the European Court of Human Rights. It argues that a full account of legal selfhood is constructed through the notion of ‘the child’ in this jurisprudence. The two notions – of ‘the child’ and ‘the self’ – are, from the outset, mutually dependent. The conceptualisation of ‘the child’ in human rights law is underpinned by an account of the self as originating in another and childhood is cast as enabling self‐understanding by making possible the formation of a narrative about the self. The vision of ‘the self’ that emerges is one of ‘the narrative self’, and I assess the implications of this both for the idea of childhood in which this narrative originates and for the vision of the human condition that is expressed in European human rights law more broadly.     

Identification of Risk Factors for Self‐Injurious Behavior in Male Prisoners*

Abstract: Male prisoners with (n = 132) and without (n = 132) histories of engaging in self‐injurious behavior (SIB) were matched on conviction prefix and custody level. Conditional logistic regression revealed that a combination of risk factors from domains defined by developmental, offense history, mental health, and institutional functioning factors correctly classified 93% of the prisoners in the sample (ROC AUC = 0.89, S.E. = 0.005, p < 0.0001). Model specificity was 92.6% and sensitivity was 95.3%. False positive and false negative rates were 2.3% and 3.4%, respectively. Implications for the assessment of prisoners at risk for SIB as well as suggested future directions for SIB prisoner research are discussed.     

Practical Aspects of Analyzing Vegetable Oils in Fire Debris*

Abstract: Vegetable oils undergo burning, self‐heating, and spontaneous ignition, resulting in their presence in fire debris. As these processes can affect the fatty acid content of vegetable oils, it is important that debris be properly handled in order to obtain reliable and informative data. This research investigated changes in vegetable oil content as a result of storage conditions and different types of burning. Material spiked with vegetable oils and burned was stored under various long‐term conditions, and debris was tested by heating overnight using passive headspace concentration. Results indicated that refrigeration is ideal for fire debris samples suspected of containing vegetable oils and that including passive headspace concentration in the analytical scheme would not affect oils. Spontaneous ignition experiments were conducted to compare the effects of various burning processes on vegetable oil content. Vegetable oils that experienced nonpiloted ignition, self‐heating, and spontaneous ignition produced noticeably different chromatograms from those that underwent piloted ignition.     

污点证人作证豁免制度探析

污点证人作证豁免制度能有效分化瓦解犯罪联盟,是鼓励犯罪者和追诉机关合作的一项重要措施.其理论基础是反对强迫自证其罪的特权.我国法律中有关类似的规定并不是真正意义上的污点证人作证豁免制度,只是体现了其精神而已.在修改刑事诉讼法时,有必要对严重刑事犯罪适用该制度,并建立起相应的保障制度.     

退回补充调查和自行补充侦查制度探讨

在出台《监察法》和修订《刑事诉讼法》的基础上,补充侦查的内涵外延及有关结构都有了较大调整,故有必要重新辨析补充侦查的本质属性,建构监察体制改革下补充侦查相关制度和机制.新语境下,办理职务犯罪案件过程中自行补充侦查隶属检察机关侦查权范畴,而退回补充调查并非广义上的补充侦查,正确区分二者间的关系,制度设计上应将证明标准和执...     

Chapter 8. Listening to At-Risk Youth

Abstract

In this chapter I describe the micro “risk society” of Limerick City and St. Augustine's Youth Encounter Project in terms of the social and cultural background of the interviewees, their perceived family and community identity, and their wider socialisation influences. The project is situated down one of the notorious Limerick lanes made famous in a deftly realized and beautifully written story of a boy coming of age during the 1930s and 1940s in Catholic Ireland, Angela's Ashes, and has been a safe haven for children and youth since 1977. In this chapter I present direct quotations from my young interviewees organised around the risk concept in their own dialect and inflections.

Past and present students of St. Augustine's are viewed in the context of family, school, and community whilst considering three broad questions: What are the important risk factors associated with each setting? What factors at the individual level are associated with resilient outcomes? What mechanisms at the social ecological level promote resilience in individuals?     

青少年学生社会适应能力的自我培养

要培养青少年学生良好的社会适应能力,首先必须充分认识青少年学生适应社会的重要性,全面了解影响青少年学生社会适应的因素.最重要的是青少年学生社会适应能力的自我培养,即通过自己的主动性学习,自我培养各种社会适应能力,主要包括现实知觉能力、自我认知能力等.     

被害人承诺问题研究

被害人承诺,是现代社会广泛认可、但我国刑法中没有明文规定的排除犯罪性事由。其法理基础是,刑法以保护个人利益为首要任务,被害人自愿放弃的利益不在刑法的保护范围之内。被害人承诺的适用范围,应是除了侵害生命之外的一切侵害个人利益的犯罪;被害人承诺的成立条件,必须从体现被害人的真实意思的角度来考虑;被害人只有在有关法益处分的决定上具有错误的场合,其承诺才无效;推定承诺,兼具被害人的现实承诺和紧急避险的特征,其适用要受到严格限制。