Treatment of Gang Members Can Reduce Recidivism and Institutional Misconduct

Gang violence creates serious safety and security concerns in the community and prisons. Treated gang and nongang members recidivated significantly less in a 24-month follow-up than their untreated matched controls. Treatment consisted of high intensity cognitive-behavioral programs that follow the risk, need, and responsivity principles (Andrews & Bonta, 2003). The treated gang members who recidivated violently after treatment received significantly shorter sentences (i.e. they committed less serious offences) than their untreated matched controls. Untreated gang members had significantly higher rates of major (but not minor) institutional offences than the other three groups. Correctional treatment that follows the risk, need and responsivity principles appears able to reduce recidivism and major institutional misconduct. Effective correctional treatment should be considered as one of the approaches in the management and rehabilitation of incarcerated gang members.     

Does the Statutory Regulation of Advance Decision-Making Provide Adequate Respect for Patient Autonomy?

This paper considers advance decision-making in the context of healthcare. The common law recognition of advance decisions is contrasted with new statutory provision. This paper will examine the Mental Capacity Act 2005 framework for advance decisions and lasting powers of attorney. The ‚best interests’ test and substituted judgment as criteria for proxy decision-making are compared by application to a case example. The paper examines the statutory safeguards in respect of refusals of ‚life-sustaining treatment’ and postulates that these safeguards may render respect for autonomous advance decision-making difficult to achieve in practice.     

《WTO谅解》——对GATT解决争端机制的发展

<WTO谅解>对GATT解决贸易争端机制的发展主要体现在一是确立了贸易争端解决机构(以下简称DSB)对贸易争端的强制管辖权,主要表现为对其前身GATT"共识"(CONSENSUS)程序地巧妙颠倒;二是司法独立,在世贸组织内部实行分权制,建立一套相对独立的司法制度;三是对解决争端量化时限,有控制地允许交叉报复.     

谈PHOTOSHOP在痕迹鉴定中的应用

利用PHOTOSHOP进行图形处理,就是一种数字图像增强技术,其处理的原图可以通过扫描仪进行获取也可以通过数码相机获取。PHOTOSHOP独特的图层功能为指纹和工具痕迹的鉴定提供了便利的条件,利用图层功能可以使指纹的特征描绘工作变得轻松,便捷并且更加准确。PHOTOSHOP的图层功能还能够实现对工具痕迹的拼接比对、对指纹的重叠比对。     

海外中国公民安全问题与国籍国的保护

海外中国公民的安全问题已越来越引起人们的关注,而对其中所牵涉到的管辖权以及中国作为国籍国的保护等问题也是众说纷纭。本文以此为导引,围绕外国人的管辖、外国人的待遇、外交和领事保护等基本问题,从国际法和国内法两个不同的角度展开了全面而深入的分析。外国人合法权益的维护和保障必须按照国际法和国内法,并依靠国际社会的广泛合作才能取得良好的效果。     

Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes

The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.     

MCMI Results for Batterers: A Response to Gondolf

Gondolph [Gondolf, E. W. (1999). J. Fam. Violence 14: 1–17] recently published MCMI-III results on men in batterer treatment groups that appeared to indicate much lower levels of psychopathology than previous studies. Gondolph concluded from these results that the existence of an abusive personality was debatable. Gondolph is mistaken in drawing conclusions about the abusive personality based solely on MCMI results. The assessment of the abusive personality is not based on this instrument. Also, respondents in Gondolph's study had extremely high Desirability scores on the MCMI-III, so even his estimates of the incidence of personality disorder are questionable. Current assessment of personality disorder has begun to steer away from self-report instruments such as the MCMI-III; this practice should be utilized in assessing batterers.     

Injuries and Health Care Use in Women with Partners in Batterer Intervention Programs

Objective:To characterize injury frequency, injury patterns, and health care seeking behavior in women with intimate partners enrolled in batterer intervention programs. Methods: A standardized telephone interview was conducted on a sample of women with male partners enrolled in batterer intervention programs in four U.S. cities. Information on prior injuries and the utilization of health care services was sought. Results: Four hundred and eighty eight of the 648 women (75.3%) reported a history of prior injury as a result of abuse. Contusions were the most common injury. Of the women reporting contusions, 233 (51.4%) reported contusions as their only injuries. Another 220 women (48.6%) reported other injuries in addition to contusions. In the majority of cases (63.2%) the contusions were to multiple body parts. When the contusion involved only one anatomical region, it was mostly to the face. A total of 192 of the 488 injured women (39.3%) reported ever seeking medical care for injuries caused by their intimate partner. Twenty-three women (4.7% of the injured cohort or 3.5% of the total cohort) reported having ever been hospitalized for injuries sustained from abuse.     

经济全球化条件下的国企改革与发展

中国加入WTO标志着中国经济融入了国际主流经济,这将加快我国国有企业市场化改革的进程。国有企业在现代市场经济条件下有着特殊的职能、任务和特殊的利益,具有不可替代的特殊作用。但加入WTO后,对国有企业原有的优势造成了巨大的冲击。我国国有企业在经济全球化条件下,要加快战略调整,加快建立现代企业制度,培养一批具有国际竞争力的跨国公司。     

TRIPS协定下公共健康药品专利强制许可保障措施研究

药品专利强制许可制度产生于知识产权制度下的利益平衡原则,该制度的设立是为了解决公共健康问题而对专利权进行的一种最大的限制.为了使药品专利强制许可制度达到利益平衡的最佳效果,TEIPS协定下相关法律文件规定了种种保障措施以防止滥用和引发贸易转移等问题,这对正确适用该制度以平衡公共健康和专利权人的利益从而实现公共福祉的最大化有着积极的意义.