多民族地区中民族纠纷的调解——以临夏州回族、东乡族为例

对于临夏州境内的回族、东乡族、保安族和撒拉族而言,其身份认同存在双重性即民族认同和教派认同。临夏州民族关系的稳定除了得益于政府部门的合理调解之外,民族内部的调解也发挥着重要作用。     

Reforming the Role of Magistrates: Implications for Summary Justice in England and Wales

The role of lay magistrates in England and Wales has been progressively undermined by protracted processes of reform over the last two decades. Current government proposals aim to reorient and ‘strengthen’ their function through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. This article argues that while these proposals embody necessary and important areas for reform, taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs of court closures are irreconcilable with the future viability of a lay magistracy.     

Procedural justice in mental health court: an investigation of the relation of perception of procedural justice to non-adherence and termination

Mental health courts (MHCs) operate on the principles of procedural justice (PJ). PJ highlights the importance of process over outcomes in encounters with authority. Subjective perceptions of having voice, being heard by decision-makers, and being treated with respect and concern by figures of authority are influential in assessment of fairness and in cooperation with decisions, regardless of favorability of the outcome. In this paper, we investigate MHC participant perception of PJ in interactions with MHC staff and the association between perceptions and recidivism (i.e. time in jail, new arrests, and probation violations), treatment adherence, and MHC termination. Participants from two MHC programs (n?=?80) took part in this study. Results suggest that perception of PJ during interactions with the entire MHC team is significantly associated with program termination, but not with participant behaviors during MHC. Implications for MHC practitioners and researchers are discussed.     

The role of intelligence on performance on the Inventory of Legal Knowledge (ILK)

Previous research has shown that individuals with intellectual disabilities perform in the feigning range on malingering measures even when other data suggest that they are performing optimally. However, few studies to date have gone beyond intellectual disabilities and studied the full range of intelligence. Additionally, there are no data available examining the relationship between intelligence and performance on the Inventory of Legal Knowledge (ILK). The relationship between intelligence and performance on malingering tests is important because individuals with intellectual deficits may be incorrectly identified as malingering on these tests. The current study used a sample of state psychiatric hospital residents, adjudicated incompetent to proceed, and a sample of undergraduate university students to examine the relationship between intelligence and performance on the ILK. Results indicated three items on the ILK are correlated with intelligence and total scores were moderately correlated. Participants were further broken into groups using categorical ranges of Intelligence Quotient (IQ). Results were mixed regarding the relationship between ranges of IQ and performance on the ILK. Future directions and implications of this study are discussed.     

浅谈医学会医疗损害鉴定专家出庭作证

《侵权责任法》统一了＂医疗事故＂和＂医疗过错＂在民事赔偿标准上二元化和医疗诉讼的诉讼案由及法律适用。然而,医疗损害鉴定的模式应如何走向,《侵权责任法》却没有提及。江苏省医学会大胆革新,开展医疗损害鉴定,在新修订的《民事诉讼法》进一步强调鉴定人出庭作证的背景下,江苏省医学会适应新形势组织医疗损害鉴定专家出庭作证,改变了以往医学会鉴定专家不署名、不出庭的历史,提高了鉴定公信力。     

U.S. child custody outcomes in cases involving parental alienation and abuse allegations: what do the data show?

ABSTRACT

Family court and abuse professionals have long been polarized over the use of parental alienation claims to discredit a mother alleging that the father has been abusive or is unsafe for the children. This paper reports the findings from an empirical study of ten years of U.S. cases involving abuse and alienation claims. The findings confirm that mothers’ claims of abuse, especially child physical or sexual abuse, increase their risk of losing custody, and that fathers’ cross-claims of alienation virtually double that risk. Alienation’s impact is gender-specific; fathers alleging mothers are abusive are not similarly undermined when mothers cross-claim alienation. In non-abuse cases, however, the data suggest that alienation has a more gender-neutral impact. These nuanced findings may help abuse and alienation professionals find some common ground.     

人民法院改革取向的审视与思考

20世纪90年代以来的人民法院改革,总体上潜含着对标形式主义法治司法模式的取向,其目标可概括为“让司法更像司法”。这种由内向视角导引的改革,对塑造我国司法的基础形态、完善司法的基本要件具有积极意义,但也在一定程度上造成了司法与社会需求的疏离,使司法改革的红利难以充分转化为社会的实际获得。在还原主义立场下回溯司法的基源性理论,司法是一种制度建构的产物、一种公共产品,司法应当尊重“消费者体验”。着眼于外向视角,提升司法能力亦应成为法院改革的取向之一。在今后继续深化推进司法责任制改革的过程中,应以影响司法能力的基本要素作为改革的着眼点,通过司法能力的提升实现司法的社会功能,满足和实现社会对司法的需求,以“让司法更能司法”。     

The development and pilot testing of a family treatment court best practices assessment: The model standards implementation scale

In 2019, the family treatment court (FTC) best practice standards (the Standards) were published to clarify attributes of FTC programs associated with superior child, parent, and family outcomes. The Standards cover the breadth of FTC operations including program structure and leadership, substance use treatment and complementary services, and behavioral responses to participants. This study aimed to develop an instrument (the Model Standards Implementation Scale; “MSIS”) that stakeholders can use to assess implementation of the Standards by individual FTCs. The MSIS balances usability with scientific validity. Interrater reliability (IRR), internal consistency, and several types of validity were assessed. Results indicated moderate to strong IRR, high internal consistency, mixed known groups validity depending on Standard, and high convergent and divergent validity. Initial findings suggest good validity and usability of the MSIS for evaluating FTC Standards' implementation. Notably, the process of using the tool functioned to educate FTC team members on the Standards. Although implementation of the MSIS is a resource-intensive process, the opportunity to receive constructive feedback proved to be an effective incentive for initial and subsequent participation in the evaluation among FTCs. Future research is needed to examine predictive validity, including association between Standards' implementation and family outcomes in FTCs.     

Race,Neighborhood, and Drug Court Graduation

This research examines the possibility that racial disparities in drug court graduation are attributable to individual-level employment or education or to neighborhood-level disadvantage. Individual-level data on 455 drug court clients and neighborhood-level census and police incident data are joined geographically. Drug court graduation is modeled using multilevel logistic regression. In a model with no neighborhood-level indicators, client race, employment, and education all predicted drug court graduation. When neighborhood-level variables are introduced, client-level race drops from significance but employment and education remain significant predictors of graduation. Client race, then, appears to be an indirect indicator of neighborhood disadvantage, while client employment and education remain important individual-level predictors of drug court graduation. These results support further analysis of neighborhood-based barriers to drug court graduation and the development of drug court programming that can address neighborhood-based challenges.