Matching consequences to behavior: implications of failing to distinguish between noncompliance and nonresponsivity

Neither punitive nor therapeutic approaches alone are effective at addressing the dual public health and public safety concerns associated with managing criminal behavior perpetrated by people who have psychiatric and substance use disorders. The optimal solution may instead require the integration of both criminal justice supervision and treatment. Using problem-solving courts (PSCs) as a model, we focus on one dimension of this integrated approach, distinguishing between behavior that stems from willful noncompliance with supervision and behavior that results from nonresponsivity to treatment. First, we discuss the public health and public safety consequences of using singular approaches to address the criminal behavior of this population. We then present lessons learned from PSCs that distinguish between noncompliant and nonresponsive behaviors in making treatment and supervision decisions. Finally, we consider how the concepts of nonresponsivity and noncompliance may be extended, via policy, to probation and parole settings as well as mental health and substance abuse treatment services outside the criminal justice setting in order to enhance public health and safety.     

Webcasters’ protection under copyright – A comparative study

This paper studies the fourth generation ‘peer-2-peer’ (P2P) file sharing technology which is also known as streaming technology from the technology point of view. It critically analyses the nature of streaming technology and assesses similarities to broadcasting for the purpose of copyright protection in the name of webcasting. In addition, it considers the possibility of protecting webcasting within the framework of broadcasting under copyright and the extent of broadcasters’ rights applicable to webcasters. Based on the conclusions derived from the discussion of UK, New Zealand, Italian and US law on streaming, WIPO Standing Committee on Copyright and Related Rights (SCCR) draft documents will be critically analyzed. The Last part of this work will offer suggestions as to how to protect webcasting (streaming technology) under the umbrella of copyright.     

新《保险法》对中国海上保险合同法律的影响

2009年2月公布的《中华人民共和国保险法》在很多方面进行了重大的修改,势必对中国海上保险合同法律制度产生重要影响。一方面是对海上保险合同法律的补充,另一方面同《中华人民共和国海商法》在海上保险合同不少制度和规则上出现了程度不同的差异。而这些也为后者未来的修改提供了丰富的素材和良好的借鉴蓝本。     

I don't Agree with Nick: Retrodicting the Conservative–Liberal Democrat Coalition

Insider and journalistic accounts of the formation in May 2010 of the Conservative‐Liberal Democrat coalition actually, although not explicitly, rely on types of explanation familiar to those who study politics. They tell us that structure (or at least the economy) was important. So too, they suggest, were institutions (timing and the rules of the game). They also stress the importance of contingency (‘events, dear boy, events’) and agency (who did and said what to whom). While none of these things were unimportant, they only served to make certain an outcome that anyone with a passing acquaintance with the theory and the practice of coalition formation would have predicted—namely a ‘minimum winning coalition’. The only thing that could have made that outcome uncertain was a fundamental ideological difference between the two parties involved; however, it quickly became apparent—to the surprise of those of us who failed to appreciate how much the Liberal Democrats had changed—that no such difference existed. Indeed, it is possible to argue that the coalition formed was not merely minimum winning but ‘minimum connected winning’. As such, its formation was not so much breathtakingly bold and exciting as pretty much inevitable. In the end, the maths and the physics mattered more than the chemistry. Fortunately for the Conservatives, the Liberal Democrats seriously underplayed their hand in the negotiations, with possibly disastrous consequences for them in the long term.     

P300测谎的新取向

现在,P300是研究者使用的最多也是研究的最深入的一种脑电指标。根据实验模式的不同,目前的P300研究可以分为两大类：模拟犯罪模式和自传性信息模式。而目前P300研究的取向则集中在三个方面：一个是关于反测谎对P300的影响;一个则探讨撒谎动机或意向对P300的影响;还有一些研究则集中在将P300与其他脑电指标结合测谎上。如今,P300测谎的实验室研究已经颇有成效,但仍有生态效度不足的缺点。今后P300测谎研究应该以实际生活中的真实犯罪案件或普通人的过失行为为主,提高实验的生态效度及应用性。     

Postmortem Blood Concentrations of R‐ and S‐Enantiomers of Methadone and EDDP in Drug Users: Influence of Co‐Medication and P‐glycoprotein Genotype

Abstract: We investigated toxicological and pharmacogenetic factors that could influence methadone toxicity using postmortem samples. R‐ and S‐methadone were measured in femoral blood from 90 postmortem cases, mainly drug users. The R‐enantiomer concentrations significantly exceeded that of the S‐enantiomers (Wilcoxon’s test, p < 0.001). The samples were divided into four groups according to other drugs detected (methadone only, methadone and strong analgesics, methadone and benzodiazepines, or methadone and other drugs). There was no significant difference in any of the R‐methadone/total methadone ratios among the four groups. The median R/S ratio was 1.38, which tends to be higher than that reported for the plasma of living subjects. In addition, we investigated whether small nucleotide polymorphisms in the MDR1 gene that encode the drug transporter P‐glycoprotein were associated with the concentrations of R‐ and S‐methadone and its metabolite 2‐ethylidene‐1,5‐dimethyl‐3,3‐diphenylpyrrolidine. No significant association was detected.     

试论“后悔权”设立之法学证成

作为舶来事物,＂后悔权＂一经浮出水面,即遭受或赞或弹的命运。其中的质疑不无道理,但又有失偏颇。据此,厘清＂后悔权＂之真正意旨,区别相关权利,奠定对其讨论的正确基础实为必须且为必要。此外,＂后悔权＂作为一个货真价实的＂国际惯例＂,无理由将之拒之门外,但为避免＂水土不服＂的尴尬,其设立必须兼顾本土实际,即：一切从实际出发,设立中国特色的＂后悔权＂制度——＂有限后悔权＂制度。     

Russia,the death penalty,and Europe: the ambiguities of influence

Studies of capital punishment worldwide investigate how international influence affects the death penalty. We analyze European influence on the death penalty in Russia over the imperial, Soviet, and post-Soviet periods, using two parameters: the changing mechanisms of influence in each period and the death penalty's significance in the broader spectrum of punitive violence. On the first parameter, in the tsarist period, European influence on Russian policy was “productive” – exercised through prestige, moral suasion, and “diffusion.” In the Soviet period, European influence was blocked. In the post-Soviet period, European influence is coercive, as the Council of Europe has unsuccessfully sought to compel Russia to abolish its death penalty. On the second parameter, the death penalty in Russia has always been only one of many forms of state-sanctioned punitive killing. In consequence, the Council's involvement in Russia's death penalty has produced an incoherent policy outcome and has entangled the Council in Russia's authoritarian politics. Russia thus exemplifies the hazards of external involvement in death penalty abolition.     

Protection gaps for civilian victims of political violence

This article begins by explaining why the United Nations' civilian protection agenda is particularly relevant and important for Africa and why the Responsibility to Protect (R2P) might be said to be an African norm export to the rest of the world. Next, it traces the reasons for peace operations' reluctance to use force. It then shows how the civilian protection agenda has tried to fill critical gaps in the existing normative architecture, with both R2P and the Protection of Civilians (POC) resulting from growing shame at the accumulating list of atrocities in which the international community stood by as passive onlookers, frustrations at the ‘constitutional’ constraints and normative inadequacies rather than indifference and apathy to the plight of civilian victims that produced the passivity, and a determination to reposition the United Nations system to be empowered and capacitated to be able to respond better on both the timeliness and effectiveness dimensions when confronted by repeat occurrences of similar tragedies. The fourth section discusses the merits of the R2P and POC norms in responding to the challenge of civilian protection. The final part notes that, despite these two valuable additions to the repertoire of the international community in dealing with atrocities perpetrated on civilians, there remain many gaps in the protection agenda, as shown in several recent cases.     

Substance Abuse,Aggressive Behaviors,and Cultural Identity Among Jamaican Adolescents

ABSTRACT

The present study examined the extent to which cultural identity is related to substance abuse and aggressive behaviors among Jamaican adolescents. The data used in the analysis was derived from a sample of 80 Jamaican adolescents, aged 13-18. The Multigroup Ethnic Identity Measure (MEIM) and Youth Risk Behavior Surveillance System questionnaires were used to record the responses regarding the sample's substance abuse and aggressive behaviors. Results indicated that the ethnic identity search emerged as a statistically significant predictor of cigarette use. Likewise, the relationship between marijuana and cigarettes; cigarettes and other drugs; and marijuana and other drugs denoted some significance. These findings are discussed in addition to limitations and implications.