Abnormal psychosocial development and legal responsibility--results of psychopathometric studies

The introduction (1968) of the legal concept of Grave Abnormal Development of the Personality Amounting to a Disorder into the penal code, made possible criminal deculpation on the basis of psychosocial maldevelopment. On the basis of an intelligence- and personality-diagnostic test-battery (Psychopathometry), the findings obtained in the examination of a sample of culprits on probation under this legal provision, has been compared with a control group homogeneous in respect of the significant parameters. Psychopathometric methods can and should reasonably supplement expertises of this culprits with defective psychosocial development.     

非法人体器官交易的刑事立法研究

借鉴他国立法经验,根据我国刑法典,把非法人体器官交易这种行为定性为一种犯罪,在刑法中增设非法人体器官交易罪(类罪名),以此预防、打击非法人体器官交易.     

Sex crimes and the new punitiveness

In the last few years, new ways of punishing sex offenders have been introduced in many modern societies. However, these sanctions have a broader significance than this: they are part of a broader set of penal arrangements-directed at the criminal population as a whole-which represents a new punitiveness. This seems to be moving the direction of legal punishment beyond the established parameters that had hitherto been set for it in modern society. This had involved punishment becoming increasingly administered by penal bureaucracies, to the exclusion of the general public, being influenced by the opinion of penal experts, and becoming more tempered, consistent and purposeful in form. Sanctions that did not fit these criteria faded out of modern penality. The indeterminate prison sentence was introduced at its outer limits as a residual measure of control to be used against those offenders-frequently sex criminals-for whom the existing penal framework was thought inappropriate. Even so, by the 1970s, these special penal measures were falling into disuse. However, the new punitiveness has not only given new life to them, but has also led to the introduction of measures which seem to reverse or move beyond modernpenal parameters. The article argues that the reasons for these shifts lie in the profound economic and social changes that have taken place in Western societies over the course of the last two decades or so.     

Une étude de la pratique professionnelle de jeunes juristes : la nécessaire compétence en relations humaines

Some professions require more than others competences in human relations. It is the case of the profession of judge. Thus, Gangloff and Hardy (2006), noted that students in right did not use any criteria of social order for better knowing the person than they had to judge. This led them to take decisions without references to the individual contrary to what envisages the penal code of procedure. In the study which follows, young lawyers are confronted with actors of the school world. Cases where they have to evaluate the responsibility for actors in various situations of attacks (verbal, with the goods and physics) are submitted to them, to pupils of class of third and teachers of secondary school. It is noted that the decisions of the future lawyers are particularly different from other groups in particular on the cases of verbal attacks. Those, indeed, take little account of these kinds of damages, whereas they are very present in mind for the others. How then, not to generate incomprehension between worlds which have more and more the occasion to meet in this societal context where the right supplants morals?To prolong this reflection, it is permissible to think that additional training in human relations within the framework of the legal studies would make it possible to support the competence of the judges.     

From moral theory to penal attitudes and back: a theoretically integrated modeling approach

From a moral standpoint, we would expect the practice of punishment to reflect a solid and commonly shared legitimizing framework. Several moral legal theories explicitly aim to provide such frameworks. Based on the theories of Retributivism, Utilitarianism, and Restorative Justice, this article first sets out to develop a theoretically integrated model of penal attitudes and then explores the extent to which Dutch judges' attitudes to punishment fit the model. Results indicate that penal attitudes can be measured in a meaningful way that is consistent with an integrated approach to moral theory. The general structure of penal attitudes among Dutch judges suggests a streamlined and pragmatic approach to legal punishment that is identifiably founded on the separate concepts central to moral theories of punishment. While Restorative Justice is frequently presented as an alternative paradigm, results show it to be smoothly incorporated within the streamlined approach.     

Die Kindstötung „in oder gleich nach der Geburt“

§ 217 of the German penal code, which intended a milder punishment for the homicide of an illegitimate child by the mother right after birth than for manslaughter, was abrogated without substitution in 1998. The reasoning behind this move does not convince. We will give a short summary of the history of this law. The privileged status of this crime was primarily justified in view of the denied pregnancy and the consequent state of the mother at the time of birth. Even after abrogation of §217 StGB there has to be differentiated between former reasons for privileged treatment, which now can justify from a juridicial point of view the use of §213 StGB (minor manslaughter), and those pathological states of mind which allow for the establishment of reduced or nullified legal responsibility.     

Legal Punishment and the Public Identification of Offenders

In the United States, the identities of criminal offenders are matters of public record, accessible to prospective employers, the press, and ordinary citizens. In European countries, the identities of offenders are routinely kept hidden, with some exceptions. The question addressed in this discussion concerns whether the public disclosure of the identities of offenders is part and parcel of their legal punishment. My contentions are that public disclosure is not conceptually part of legal punishment, necessary to serve substantive penal aims, or likely to enhance penal aims. At times, it will conflict with defensible aims of legal punishment. Other values might support or require the public identification of criminal offenders, but the aims of legal punishment do not appear to do so.     

Legal rulings on suicide in India and implications for the right to die

In this paper I am concerned to address the question of voluntary or self‐willed death from two distinct positions—a particular community's socio‐religious practice (viz. Jaina sallekhanā) and as the matter stands in law (penal code, constitution, judicial wisdom, etc.) in India—in the light of the recent move by a bench of its apex court striking down the penal code section proscribing suicide. I also wish to draw out some implications of these deliberations for the beneficence of medical practice and related bio‐ethical ramifications in the Indian context.     

Die forensisch-psychiatrische Beurteilung des Neonatizids unter besonderer Berücksichtigung des Eingangsmerkmals der tiefgreifenden Bewusstseinsstörung

The privileging of neonaticide (homocide of an illegitimate child by the mother right after birth) in the 1998 abrogated § 217 of the German penal code, was primarily justified in view of the denied pregnancy and the consequent state of the mother at the time of birth. Even after abrogation of § 217 StGB there has to be differentiated between former reasons for privileged treatment, which now can justify from a juridicial point of view the use of § 213 StGB (minor manslaughter), and those pathological states of mind which allow for the establishment of reduced or nullified legal responsibility. On the one hand the question, when extensive consciousness disturbance can be debated on an empirical basis with regard to the state at or right after the time of birth, is investigated. On the other hand it is referred to the in it’s contents variable shaping of the normative scope for making a decision, which is given in such a rate, as an empirical basis of valuation is missing.     

Law and eschatology in Wittgenstein's early thought

The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth‐century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, e.g., in the sentences of a legal trial and prior fact‐complexes to which these may correspond suggests one possible connecting link between the logical and ontological sections of the Tractatus and the ethical reflections appearing at the end. It is argued that the latter can best be understood in terms of the idea of a ‘last judgment’ (with its associated ethical rewards and punishments) which would relate to the world as a whole as a penal trial relates to individual complexes of facts.     

Oscar Wilde in Singapore: Ambivalence,Enforcement, and the Criminalization of Homosexuality

The city state of Singapore, which recently celebrated 50 years of independence, still curiously retains a nineteenth century colonial penal code that criminalizes homosexuality. While state censorship discourages its citizens from engaging in public discourse that explores the implications of this penal code, colloquially known as 377A, discussions on the topic are still visible. High profile attempts to repeal the law through challenging the Singapore Constitution are reported in mainstream media outlets, and the artistic community also supports the repeal of the penal code. One of the most powerful instances of this was W!ld Rice’s 2013 all-male production of Oscar Wilde’s The Importance of Being Earnest followed by Moisés Kaufman’s Gross Indecency: The Three Trials of Oscar Wilde (the former played to international acclaim in Macau in 2014 and Brisbane in September 2015). This essay examines the relationship between art and state policy in Singapore by considering how artistic expressions that address social and cultural anxieties contribute to rather than subvert conversations about social policy-making. In this case, the seemingly comical Wilde plays produced an especially serious and nuanced analysis of the off-stage consensus problems in Singapore, among the LGBT community, heterosexual citizens, and the government. The plays effectively expose and articulate the deeply ambivalent sentiments that have come to characterize the 377A debate.     

Bedeutung des Intelligenzquotienten für die Feststellung des Eingangsmerkmals Schwachsinn im Sinne der §§ 20, 21 StGB

Disorders in cognitive capacity, as defined in § 20 of the German legal code, are responsible for a relevant proportion of the population sentenced to treatment in forensic psychiatry in Germany. Historically one of the first conditions for diminished culpability, it refers primarily to the level of cognitive functioning. In routine psychiatric treatment of people with intellectual disability other aspects, such as emotional and social development became more and more relevant. This article explains that these aspect should be more involved in the process of forensic assessment or at least give rise to discussion and makes proposals for a modification of exculpation criteria due to the German legal code.     

Intellectual property and pharmaceutical drugs: an ethical analysis

The pharmaceutical industry has in recent years come under attack from an ethical point of view concerning its patents and the non-accessibility of life-saving drugs for many of the poor in both less developed countries and in the United States. The industry has replied with economic and legal justifications for its actions. The result has been a communication gap between the industry on the one hand and poor nations and American critics on the other. This paper attempts to present and evaluate the arguments on all sides and suggests a possible way out of the current impasse. It attempts to determine the ethical responsibility of the drug industry in making drugs available to the needy, while at the same time developing the parallel responsibilities of individuals, governments, and NGOs. It concludes with the suggestion that the industry develop an international code for its self-regulation.     

Law and the confinement of psychopaths

Civil commitment in the United States historically has followed a medical, targeting individuals with serious mental disorders and providing for their treatment in the least restrictive setting. In the last decade, however, commitment laws have appeared in some states permitting the hospitalization of personality-disordered criminal offenders at the end of a penal sentence. The American Psychiatric Association has fiercely opposed these laws. The U.S. Supreme Court has given its qualified approval, although legal challenges persist. These laws, together with British proposals to permit the civil commitment of dangerous personality-disordered individuals, should be resisted by all professional disciplines.     

La responsabilité pénale du psychiatre du fait de son patient

If the criminal liability remains personal, recent case law has tended to broaden the hypotheses for the doctor's criminal liability in the case of unintentional offenses. The question particularly concerns the psychiatrist, because of acts committed by his patient, on the basis of articles 221-6 or 222-19 of the French penal code. However, judicial assessment of the fault and its causal link with the damage does not impose on the psychiatrist an obligation of result, insofar as only serious professional misconduct, manifestly not in accordance with the rules of medical art, are sanctioned.     

Le rapport à la loi et à ses représentants est-il altéré par le contact des adolescents avec les acteurs de la chaîne pénale ? Une revue systématique de la littérature

IntroductionAdolescents have the highest prevalence and incidence rates of delinquency. Several authors have suggested that the rejection of authority figures in adolescence may explain these rates. Other studies have also found a positive relationship between delinquency and negative attitudes toward the law and its representatives.ObjectiveThe objective was to make an inventory of the current scientific knowledge concerning the link between contact with the penal actors and the adolescents’ attitude towards the law and its representatives. We also want to identify the mediators of this link.MethodWe conducted a systematic review. Of the 802 articles identified, we selected those involving adolescents and focusing on contact with penal actors (i.e., law enforcement officers, court personnel, lawyers, prison personnel, security personnel, social workers) and on attitudes toward the law and its representatives. Our review finally covers the 46 articles corresponding to our inclusion and exclusion criteria.ResultsMost studies show that contact with penal actors lead to more negative attitudes toward the law and its representatives. Longitudinal studies suggest that this relationship is causal : contact with penal actors leads adolescents to have less positive attitudes towards the law and its representatives. However, there seem to be differences according to the type of contact studied.ConclusionThese results, questioning the penal responses brought to adolescents, will be discussed, both on a theoretical and practical level. Methodological issues will also be addressed.     

What Does it Mean to be Autistic? Inter-state Variation in Special Education Criteria for Autism Services

The prevalence of Autism and other Autism Spectrum Disorders (ASDs) has increased dramatically in recent years. The criterion for a clinical diagnosis of Autism, however, is independent from the special education eligibility requirements for Autism services. While the DSM-IV-TR provides a nationally-accepted definition for Autism and ASD, under federal law, the special education criteria for Autism services can vary from state to state. By analyzing federal, special education child-count data as well as each state’s legal code, this study examines and compares eligibility criteria in all 50 states and Washington DC. Our results reveal inter-state variability in Autism eligibility requirements within special education, and this variability can have an impact on prevalence rates. Implications and recommendations for researchers and practitioners in clinical psychology, public health, education, pediatrics, and public policy are discussed.     

Überwachung mittels „elektronischer Fußfessel“

For forensic expert witnesses the introduction of electronic surveillance to the German penal code system raised new questions, such as the effects on relapse prevention. This paper presents international experiences about the effects of electronic tagging, especially on relapse prevention, and lists the advantages and disadvantages of this procedure. Also the recommendations for electronic tagging concerning a sexual offender who was repeatedly convicted and released after 10 years of imprisonment are described.     

Jonathan Edwards on the Atonement

Evidence suggests Jonathan Edwards' adherence to a version of the penal substitution theory of atonement. Evidence also suggests that Edwards' version of the penal substitution theory requires certain metaphysical commitments about the nature of Christ's relationship to the elect, echoing those issued in his Original Sin 4.3, and elsewhere, regarding the relationship of Adam to his posterity. In what follows, I argue that such evidence points to Edwards' adherence to what has more recently been described in the literature of contemporary philosophical theology as an account of realist penal substitution.     

Posttraumatic stress disorder and criminal violence: Basic concepts and clinical-forensic applications

In a small number of felony murder cases, posttraumatic stress disorder (PTSD) has been used as an affirmative defense to plead not guilty by reason of insanity or to argue for diminished capacity as a mitigating factor at sentencing. This article traces the history of PTSD as a legal defense; describes the clinical criteria for diagnosing and assessing PTSD; outlines the legal criteria for the affirmative defense of not guilty by reason of insanity (NGRI) and mitigation on the grounds of diminished capacity; and discusses the applications and pitfalls of using PTSD as an exculpatory factor in crimes of violence, including murder.