Trends in Assault: On the Relationship between the Assault Rate and Selected Social Indicators in Post-War Finland

This article examines to what extent different social indicators can explain statistically the development or changes in the volume of assaults. First, the development of recorded assault criminality in Finland during the time period 1950-2000 is examined. By comparison with victim surveys it is concluded that the longterm increase of recorded assaults reflects partly the real development but is also partly a result of the increased rate of detection of violence. The urbanization of Finnish society is perhaps the key factor behind this development. It has inevitably increased factual physical opportunities for different kinds of violent encounters but at the same time also the probability that such incidents are registered. As factors that could potentially explain shortterm variation in the assault rate, selected social indicators such as alcohol consumption, rate of immigration and unemployment are examined. To guard against spurious relationships due to highly influential or outlying data points, a robust method of estimation of the regression model - the least median of squares - is also used. Of the indicators examined, consumption, private consumers' expenditure and the clearance rate of assaults have the best explanatory power. However, although the relationship of these indicators with annual changes alcohol in the assault rate is statistically significant, there should be no illusion about the ability to predict the future development of assault rate with precision using such social indicators. It is stressed that the assault rate is also determined by qualitative factors connected with opportunities for crimes and criminal motivation that can hardly be compressed into statistical timeseries or subjected to quantitative measurement.     

Homicide and infanticide in Stockholm 1920–1939

This article studied 45 cases of homicide and infanticide in Stockholm District Court 1920–1939 and compared them with cases in Sweden in the 1990s. Compared with homicide in Sweden today, fundamental similarities were found in the category of domestic homicide, but with the important differences that extended suicides have decreased and changed in character from being passive to becoming active, and from having been committed by many women to being committed mainly by men. Drunken brawls are the same in character, but have increased with time. The free access of alcohol and the financial means of a large group of relatively young people can explain this increase. Infanticide has decreased considerably, indicating that social development has reduced the incitement to this type of killing. The view of offenders' responsibility in the inter-war period depended on their gender and whether they were intoxicated by alcohol. The view of insanity has changed with time, but regarding alcohol no comparable material was available. Finally, the lessons we can learn from studying the inter-war period is that domestic violence has to be taken seriously and the alcohol factor, with its sometimes negative consequences, has to be accepted, unless we want to fundamentally change our society and way of life.     

破解“合同僵局”的新路径:限制权利滥用与合理信赖保护的统一

“合同僵局”的内涵及定位等基本问题模糊不清,导致法律适用中当事人合法利益难以得到有效保护,需要澄清。“合同僵局”本质是债权人双重主体身份的对立,此时债权人既是不行使单方解除权权利滥用的主体,又是合理信赖落空处于不利境地的主体。据此,建议从“合同僵局”本质来构建可行的合同拘束力逃逸机制:一方面应类型化交易中的权利滥用行为,依据伪“合同僵局”、双方型“合同僵局”以及涉他型“合同僵局”三种类型,明晰《民法典》第580条第2款司法解除的行使条件,避免法院与仲裁机构裁量的恣意;另一方面应限缩《民法典》第580条第2款的适用范围,赋予债权人充分赔偿并引入再交涉义务,系统性维护当事人的合理信赖。     

医疗纠纷协商和解的利弊分析及对策

协商和解是解决医疗纠纷的重要方式,有明确的法律依据,但在实践当中也存在诸多弊端。要充分发挥协商和解的优势,消除其弊端关键在于依法办事,只有依法办事才能从根本上保障医患双方的合法权益。     

Childhood abuse and neurocognitive performance in adulthood: a preliminary study of executive functioning in offenders

Childhood abuse has an important negative influence on long-term executive functioning performance. Although this has been studied in non-offenders (controls), few investigations have examined offender samples. The aims of this study were: to study the influence of childhood abuse history on adulthood executive functioning in offenders, and to examine whether executive performance is affected differentially by different abusive events. It was found that in comparison with controls (n?=?17) and with non-abused offenders (n?=?22), the abused offenders (n?=?18) have poorer performance on psychomotor-cognitive processing speed and cognitive flexibility. In abused offenders, it was also found that physical abuse events primarily and significantly affected adulthood performance in these cognitive abilities. In conclusion, this study helps us to know, preliminarily, the neurocognitive profile of abused offenders and how different abusive events suffered in childhood (e.g. physical and emotional abuse) differentially affect executive functioning of this sample.     

Influences on substance use cessation during pregnancy: an exploratory study of women on probation and parole

Research suggests that a lack of family support, low self-efficacy, mental illness, and life stressors increase the likelihood of women using illicit substances during their pregnancies. These risk factors often characterize the lives of women on probation and parole. The current study uses data from a larger study of women on supervision to explore the risk and protective factors of substance use during pregnancy. Results highlight the importance of self-efficacy, mental health treatment, and family support; and suggest avenues for intervention to improve maternal and infant health outcomes.     

Russian and Soviet forensic psychiatry: Troubled and troubling

Russian forensic psychiatry is defined by its troubled and troubling relationship to an unstable state, a state that was not a continuous entity during the modern era. From the mid-nineteenth century, Russia as a nation-state struggled to reform, collapsed, re-constituted itself in a bloody civil war, metastasized into a violent “totalitarian” regime, reformed and stagnated under “mature socialism” and then embraced capitalism and “managed democracy” at the end of the twentieth century. These upheavals had indelible effects on policing and the administration of justice, and on psychiatry's relationship with them. In Russia, physicians specializing in medicine of the mind had to cope with rapid and radical changes of legal and institutional forms, and sometimes, of the state itself. Despite this challenging environment, psychiatrists showed themselves to be active professionals seeking to guide the transformations that inevitably touched their work. In the second half of the nineteenth century debates about the role of psychiatry in criminal justice took place against a backdrop of increasingly alarming terrorist activity, and call for revolution. While German influence, with its preference for hereditarianism, was strong, Russian psychiatry was inclined toward social and environmental explanations of crime. When revolution came in 1917, the new communist regime quickly institutionalized forensic psychiatry. In the aftermath of revolution, the institutionalization of forensic psychiatry “advanced” with each turn of the state's transformation, with profound consequences for practitioners' independence and ethical probity. The abuses of Soviet psychiatry under Stalin and more intensively after his death in the 1960s–80s remain under-researched and key archives are still classified. The return to democracy since the late 1980s has seen mixed results for fresh attempts to reform both the justice system and forensic psychiatric practice.     

完善儿童权益保护之探析——以设立虐童罪为视角

少年之于国家的重要性是不言而喻的,我们理应保证未成年人有一个健康安全的成长环境,然而近年来越来越多虐待儿童事件的爆发,引起了人们对于儿童健康成长的强烈关注。目前,我国尚未设立虐童罪,然而调查表明90%的人支持设立虐童罪。随着虐童事件的发酵,关于虐童罪的讨论成为最受关注的话题之一。鉴此,分析虐童现象及其产生的原因,通过立法增设"虐童罪",无疑是遏制虐童现象的重要举措。     

LAWYERS AND MENTAL HEALTH PROFESSIONALS WORKING TOGETHER: RECONCILING THE DUTIES OF CONFIDENTIALITY AND MANDATORY CHILD ABUSE REPORTING

Lawyers are increasingly finding themselves working in conjunction with a social worker and/or a psychologist. This dynamic can be found in organizations that take a multi‐disciplinary approach to the law, such as New York City's Legal Aid Society and Lawyers for Children. Collaborative law is another such example. Collaborative law is an increasing trend in family law; it provides a divorcing couple the opportunity to work with professionals from different disciplines, without being subject to the court system. While a multi‐disciplinary approach to the law has the ability to maximize the value of representation, it also can create tension when inconsistent duties are imposed by conflicting professional obligations. A major area of conflict is between the lawyer's duty to maintain client confidences and the mental health professional's duty to report child abuse. This Note discusses the important policies behind these opposing duties. The Note recommends amending state child abuse and neglect laws in order to eliminate the conflict between the professions' duties and allow lawyers and mental health professionals to work together more harmoniously. Amending state child abuse and neglect laws will allow for mental health professionals working with a lawyer who represents a client the same reporting duties as lawyers in the process.     

海域发包中的滥用职权及玩忽职守犯罪研究

在海域发包中存在国家机关工作人员违法发包和疏于监管的行为。本文对海域发包中滥用职权和玩忽职守犯罪的特点和危害进行了分析,提出了查处这两种犯罪时应注意的问题。