Falling into the justice gap? Between duties of social and global justice

The literature on cosmopolitan justice has yet to address what principles to adopt when duties of global justice and duties of social justice are in conflict. In this paper, I address David Miller’s contention that some may fall into the justice gap since we need to prioritize duties of social justice in cases of conflict. I argue that Miller’s analysis depends on three stipulations: the incommensurability of the values underlying duties of social justice and those of global justice; the need to justify duties of justice to their holders; and the need to consider the necessary institutions to realize and implement justice obligations. I argue against the incommensurability clause by showing that both conceptions of justice pursue moral equality as the underlying and commensurate value. Instead, I propose that the currencies of justice we employ in the two contexts of justice are different. Discussing the justifiability clause I agree with the stipulation that we have to justify decisions that affect the realization of justice to those who have to carry the burden of realizing them. This implies, however, that we may have to accept that some prioritize duties of global justice over duties of social justice. If this is the case, it seems as though the state has little recourse to prioritize duties of social justice. Finally, discussing Miller’s institutional clause I ask why the justice relevant institutions can only be those of the state. It is plausible to say that in our current world, institutions of humanitarian aid are effective means to satisfy duties of global justice.     

Skeletal Indicators of Stress: A Component of the Biocultural Profile of Undocumented Migrants in Southern Arizona,

The ability of forensic anthropologists in the United States to distinguish the remains of foreign nationals from those of American citizens may be crucial to the identification process. This study adds new criteria for identifying Hispanic foreign nationals in southern Arizona to those previously outlined by Birkby et al. (J Forensic Sci 53, 2008, 29) in the “cultural profile.” Skeletal indicators of nonspecific stress were evaluated in undocumented border crossers (UBCs) at the Pima County Office of the Medical Examiner and in documented American samples. Odds ratios show significant associations between UBC status and the presence of porotic hyperostosis and enamel hypoplasias, which are, respectively, 7.9 and 3 times more prevalent among UBCs. These findings are consistent with disparities in access to adequate nutrition and health care during childhood. In conjunction with context and other biocultural factors, the presence of these conditions should prompt practitioners to consider that unidentified remains may represent foreign nationals.     

The relationship between mental illness and violence in a mentally disordered offender sample: evaluating criminogenic and psychopathological predictors

The importance of mental illness as a risk factor for violence has been debated with significant implications for mental health policy and clinical practice. In offender samples, psychopathology tends to be unrelated to recidivism, although some researchers have noted that this relationship may be dependent upon certain moderating factors. In the present, prospective investigation, psychopathology is examined as predictors of recidivism in 121 provincially sentenced (i.e. less than 2 years) mentally disordered offenders. Results indicated that psychopathological predictors were generally poor predictors of recidivism in univariate and multivariate analyses. Consistent with our hypotheses, age of onset of criminal activity was a significant moderating factor on the relationship between mental illness and recidivism, although results were not in the expected direction for certain classes of mental illness. Results are discussed in the context of a social learning model of crime and in terms of the treatment of mentally disordered offenders.     

Soldier,civilian, criminal: identifying pathways to offending of ex-armed forces personnel in prison

Little is known about why some ex-armed forces personnel become involved in the criminal justice system, however, they represent the largest known occupational group in prison. In-depth interviews were employed to explore possible pathways to offending. Twenty ex-armed forces personnel in prison were recruited from five prisons in England. Data were analysed using a combination of thematic analysis and constant comparison methods rooted in grounded theory. Four predominant themes were identified: experiences of trauma and adversity; belonging; impulsivity and creating a soldier. Participants had experienced a number of traumatic incidents and adversity in their lives, encompassing pre, during and post-service but felt a sense of belonging in the armed forces. Participants demonstrated impulsivity in a number of areas with links to both their service in the armed forces and offending behaviour. The creation of the identity of ‘soldier’ was perceived to impact participants’ lives in a number of ways, including their offending, alcohol use and coping with trauma. The interplay of these themes and their potential impact on participants’ pathways to offending are discussed.     

Psychiatric symptoms and mental health court engagement

People with mental illnesses are overrepresented in the criminal justice system. Many interventions have been implemented to treat the underlying causes of criminal justice involvement and prevent people with mental illnesses from recidivating. Mental health courts (MHC) are one of these programs. This analysis examines the relationship between psychiatric symptoms and MHC engagement. Eighty MHC participants from two Midwestern MHCs were interviewed. Symptom severity was assessed at baseline using the Brief Psychiatric Rating Scale. MHC engagement was estimated by treatment adherence, substance use, days spent in jail, probation violations, and MHC retention during a six-month follow-up period. Using nonparametric statistical tests and logistic regression, results indicate symptoms of depression, anxiety, and guilt are more severe at baseline for those people who are incarcerated during the follow-up period. Symptoms of anxiety are more severe for people who are terminated or went missing during the follow-up period. Further research is needed to determine the directionality and causality of these relationships. MHCs professionals should be aware of the relationship between symptom severity and MHC engagement and attempt to connect participants with treatment and services as early as possible and individualize treatment plans based on current symptoms and need.     

From electronic health records to personal health records: emerging legal issues in the Italian regulation of e-health

In 2012, the Italian Legislator has provided an appropriate legal framework for the realisation of the national Electronic Health Records (EHR) system, in which the patient plays a pivotal role: with the implementation of the Fascicolo sanitario elettronico (FSE), patients will have access to their EHRs through the online platform, and decide which data to share and with whom. In this perspective, one of the most interesting innovations is the so-called ‘taccuino’, a digital space of patients’ FSE in which they can autonomously record data and information relating to their health. Patients’ ability to access their own health data and EHR at any time and to enter information by themselves in a personal area is a unique form of power at a European level, but their legal consequences are still vague. The aim of this contribution is to offer a first review of the Italian e-health reform, showing the most critical aspects.     

‘Cashing In’ on curiosity and spectacle: the forensic patient and news media

Health and social care professionals are gatekeepers to, and custodians of, confidential service user information. In the United Kingdom (UK), police investigations have unveiled cases of payments being made to public service officials by journalists in return for service user information. The purpose of this discussion is to investigate such cases in the context of high-security forensic care. This paper provides a discussion drawing upon two UK-based case studies of prosecutions of public service workers relating to the sale of confidential information. The analysis presented here illuminates upon the salient and connected issues at work that have led to the transgression of legal obligations and professional responsibilities/principles of confidentiality. A fuller reading of the context in which these transgressions occur, and motivations that exist, may well serve to inform policy, training, guidance or vigilance in relation to the preserving of service user information in the future.     

Post-traumatic effects in policing: perceptions,stigmas and help seeking behaviours

This study explored the relationships between perceptions, stigmas and support with help seeking amongst police officers. A total of 421 web surveys were completed by constables from a large municipal police force in Canada. The most significant finding was the relationship between officers feeling comfortable disclosing distressing personal information and seeking help from others. Help was most commonly sought from respondents’ friends (at work and outside) and family members. Respondents shared information with their direct supervisors only when there was a strong, reciprocal relationship between them. Implications for future research and practice for help seeking in police occupations are discussed.     

World Market Regionalism at the Asian Development Bank

Accounts of the “new regionalism” two decades ago identified a growing trend towards co-ordinated state action at the regional level in pursuit of both security and political economy concerns – new in terms of its “bottom-up” character, post-Cold War logic, heterogeneous focus, and relation to globalisation. More recently, proponents of “regulatory regionalism” have suggested that regional projects reshape and transform states themselves. This article identifies an emerging “world market regionalism,” within which regions are addressed in terms of their position within the world market, and regional projects are strategically oriented towards the “completion of the world market” in its dual aspect as expansion of trade and transformation of social relations of production. The focus is on the purposive transformation of the region in pursuit of global competitiveness. A detailed account is given of such a project of world market regionalism developed over the last two decades at the Asian Development Bank. It is aimed at transforming the region, and individual states within it, into a space contributory to a wider global project aimed at “completing the world market” and transforming both the social relations of production and individual attitudes and behaviour.     

吸毒罪犯心理矫治实践与思考

吸食毒品的罪犯在监狱这个特殊改造的环境里 ,绝大部分都从主观上忽视对毒品心瘾继续戒除 ,无意中极大程度上放弃了监狱戒毒这大好机会 ,出狱后很快走上复吸与违法犯罪之路。因此 ,监狱应更主动更积极加强对吸毒罪犯的心理矫治工作 ,要加强对吸食毒品罪犯犯罪心理的矫治 ;要科学认识毒品的危害 ;要充分发挥管理、劳动、教育、心理矫治的综合作用 ;加强罪犯心理健康教育。