Secondary Iatrogenic Harm: Claims for Psychiatric Damage Following a Death Caused by Medical Error

The purpose of this paper is to investigate the feasibility of claims for psychiatric damage following the death of a family member, where that death has been caused by medical error. ¹ The relative's position is a subject of heightened interest since the exposure of the plight of the parents involved in the UK organ scandal, ² and in the case of an iatrogenic death it is, of course, the family who are essentially the focus of the law's attempts to provide redress. Whilst the cases of deceased patients' relatives seeking damages for mental harm are inherently problematic in light of the restrictive secondary victim criteria applicable to psychiatric damage claims, a close look at the rules which permeate this area of compensation reveals that denying compensation to the relative suffering psychiatric harm is difficult to sustain. ³     

谈汽车主动安全性的人机因素及事故回避

汽车驾驶员系统作为典型的人机系统,其安全性取决于人车的协调,尤其是能够防止事故发生的汽车主动安全性,更是受到人机因素的影响和制约。许多交通事故是由于人的行为能力达到极限所引起的,在开发汽车主动安全技术时,应首先掌握人车系统的特点,特别是人的生理、心理极限和行为特征,才能开发出适合人的特性的安全装置,提高汽车的安全性。     

Unpredictable and monetized contact with the police: Race,avoidance behaviors,and modified activity spaces

Exponential growth in order maintenance policing and associated misdemeanor sanctions have led to disproportionate consequences for people of color. Using data from qualitative interviews with individuals in the metropolitan St. Louis, Missouri, region, the current study documents the racialized and monetized nature of police contact. This work extends extant scholarship by considering how minor contact with the police shapes individual avoidance behaviors and activity spaces, places where people work and live. We consider how the combination of monetary sanctions, warrants, incarceration, and overpolicing in the region affects avoidance behaviors, particularly for people of color. Our findings suggest that the frequently unpredictable nature of police contacts and the parochial and often profit-focused structure of policing organizations in the region leads individuals to modify the ways in which they move through the region and, for some, to isolate. Narratives reflect the need for constant calibration of behaviors and decisions, as well as the legacy that police contact and monetary sanctions can have on everyday routines.     

Support seeking,system avoidance,and citizenship: Social safety net usage after incarceration

Scholars have long described the American penal state and welfare state as joined by a common logic of social marginalization. But researchers have only recently begun to explore how the individuals who pass through the carceral system also interact with welfare state programs. Using data from the National Longitudinal Survey of Youth 1979, in this article, I explore how formerly incarcerated individuals make claims on the welfare state and how participation varies across social programs and states, as well as by race, drawing on theories of social welfare rights-claiming and system avoidance. In so doing, I provide the first nationwide estimates of the extent to which previously incarcerated adults use social safety net resources. I find that participation in welfare programs varies with incarceration history, program structure, and race. Rather than finding patterns consistent with system avoidance, I find that previously incarcerated White Americans seem to engage in active rights claiming, participating in public assistance programs more than similarly eligible never-incarcerated counterparts. All formerly incarcerated individuals, however, have limited access to more generous social insurance programs, and the shift to an increasingly employment-based social safety net seems likely to further limit access to the welfare state for the growing population of Americans leaving prison.     

Examining the risk reduction strategies of actors in online criminal markets

Research examining offender risk reduction strategies within illicit markets focus primarily on those operating in the real world for drugs and stolen goods. Few have considered the strategies that may be used by individuals in virtual illicit markets that are hidden from public view. This study addresses this gap through a grounded theory analysis of posts from 10 Russian and three English language web forums selling stolen data to engage in identity theft and fraud. The findings indicate that buyers employ multiple strategies to reduce their risk of loss from unreliable vendors, along with resources provided by forum administrators to manage relationships between participants. The implications of this study for law enforcement and offender decision-making research are also discussed.     

The effect of being conflict non-avoidant: linking conflict framing and political participation

Abstract

The news media’s ability to mobilise citizens to participate politically by emphasising elite conflict in politics is not well understood. This article argues that citizens may gain knowledge when exposed to conflict news framing. It further theorises that whether they translate their knowledge into political participation is conditioned by their orientation towards conflict. Individuals who avoid conflict participate less frequently than individuals who do not. The proposed moderated mediation process was tested using a content analysis of news media coverage and a three-wave panel survey (n?=?2,061). Results show that the effect of exposure to conflict news framing on (changes in) political participation is positively mediated by knowledge. This mediation effect is moderated by conflict avoidance, where the effect is more positive among conflict non-avoiders than conflict avoiders. This study shows that understanding the news media’s mobilising effect on political participation requires attention to both news content and individual motivational factors.     

县委书记权力风险规避机制探析

县委书记在地方是一个位高权重岗位,但其权力风险也在不断加大,稍有不慎就会陷入腐败的泥沼。如何从根本上规避县委书记的权力风险？必须尽快建立和完善一整套权力风险规避机制,主要内容包括：合理分权,建立权力配置机制;增加＂成本＂,创新权力制约机制;发扬民主,完善干部选拔机制;有效制衡,健全权力监督机制;奖惩并用,构建激励保护机制。     

徇私枉法罪中“特定明知”的认定

徇私枉法罪有关条款明确了行为人对特定对象的“明知”,要准确认定行为人的“特定明知”,必须先确认特定对象在犯罪构成中的归属。司法实践中,在认定行为主体犯罪故意的认识因素时,将行为主体的认识状况与对行为主体认识状况的认识区别开来：“明知”是行为人对犯罪构成事实的一种认识状况,而非我们对行为人认识状况的一种判断方式。只有把“明知是有罪的人”限定为行为主体自己对犯罪构成事实的一种认识状况,才符合罪责自负原则。     

Testing Times Ahead: Non‐Invasive Prenatal Testing and the Kind of Community We Want to Be

This article reviews the Nuffield Council on Bioethics’ report on Non‐Invasive Prenatal Testing (NIPT); and introduces two general questions provoked by the report – concerning, respectively, the nature and extent of the informational interests that are to be recognised in today's ‘information societies’ and the membership of today's ‘genetic societies’. The article also considers the role and nature of the Nuffield Council. While the Council's report identifies a range of individual and collective interests that are relevant to determining the legitimate uses of NIPT, we argue that it should put these interests into an order of importance; we sketch how this might be done; and we suggest that, failing such a prioritisation of interests, the Council should present its reflections in a way that engages public debate around a number of options rather than making firm recommendations.     

关于徇私枉法罪若干问题的探讨

设立徇私枉法罪的目的是规制刑事司法人员的职权行为,但对徇私枉法罪的主体、"徇私"与"有罪"的解释以及枉法行为的界定等问题,不仅理论界存在较大争议,而且在司法实践中认定不一,直接影响了本罪的司法适用。探讨上述问题,对查办徇私枉法行为有重要意义。