对医疗事故罪法定刑的理性思考

医疗事故罪的法定刑为“三年以下有期徒刑或者拘役”,而其他业务过失犯罪的法定最高刑可达十五年。较之后者,医疗事故罪的法定刑明显偏低。显然,现行刑法对医疗事故罪采取了减轻处罚的刑事政策。减轻处罚的立法政策,在理论上缺乏充分的立法依据,在实践中难收刑罚一般预防和特殊预防的功能。     

道德与关系惩罚对初中生公共物品困境中合作行为的影响

本研究模拟公共物品两难困境范式,以初中生为被试,通过两个实验分别考察道德惩罚和关系惩罚对不同性别和社会价值取向个体合作行为的影响。结果发现:(1)两种惩罚条件下初中生的合作水平均显著高于无惩罚条件,但当惩罚撤除后只有关系惩罚条件下的效应还存在;(2)初中女生在两种惩罚条件下的合作水平均显著高于无惩罚条件,而男生只在关系惩罚条件下出现该情况;(3)亲社会取向与亲自我取向初中生在两种惩罚阶段均表现出更高的合作水平,但在惩罚撤除后,只有亲社会取向者保持了高合作水平。这些结果表明,关系惩罚的作用较为持久,且对男生的影响更为突出,不过两种惩罚在亲社会取向者身上均显现出延后效应。     

奖惩线索对停止信号任务中抑制能力和心率、皮肤电的影响

采用不同类型强化刺激(中性刺激,奖励刺激,惩罚刺激,以及奖励、惩罚刺激并存)来改变可获得奖励和惩罚的强度和频度,分别考察不同类型强化条件对停止信号任务中抑制能力、心率和皮肤电的影响.结果显示:与奖惩混合条件相比,在奖励条件下,被试的反应速度快,但正确抑制率明显低于惩罚条件和奖惩混合条件;在奖励条件下,被试在任务完成过程中的心率明显高于反馈条件、惩罚条件和奖惩混合条件.四种条件下被试的皮肤电活动无差异.     

Responding changes systematically within sessions during conditioning procedures.

When the procedure is held constant within an experimental session, responding often changes systematically within that session. Many of these within-session changes in responding cannot be dismissed as learning curves or by-products of satiation. They have been observed in studies of positive reinforcement, avoidance, punishment, extinction, discrimination, delayed matching to sample, concept formation, maze and alley running, and laboratory analogues of foraging, as well as in the unconditioned substrates of conditioned behavior. When aversive stimuli are used, responding usually increases early in the session. When positive reinforcers are used, responding changes in a variety of ways, including increasing, decreasing, and bitonic functions. Both strong and minimal reinforcement procedures produce within-session decreases in positively reinforced behavior. Within-session changes in responding have substantial theoretical and methodological implications for research in conditioning.     

Authoritarianism,Anger, and Hostile Attribution Bias: A Test of Affect Displacement

Past research has supported the hypothesis that the relationship between harsh childhood punishment and adult political attitudes is due to the displacement of negative emotions that arise onto punitive public policies, e.g., support for the death penalty (Milburn, Conrad, Sala, & Carberry, 1995). Cognitions associated with childhood punishment may also impact adult political attitudes, yet their effects have not yet been examined, despite research that shows that punitive childhood experiences increase the tendency to attribute hostility to others. Thus, we investigated whether the tendency to make hostile attributions about others' behavior influences a person's authoritarianism, controlling for their parents' political orientation. Respondents completed an online survey concerning their childhood punishment experiences, their parents' political orientation, their trait anger, their level of hostile attribution bias (HAB), and their authoritarianism. Multiple regression analyses and structural equation modeling (SEM) found that higher childhood punishment has a significant direct effect on higher levels of authoritarianism, even after controlling for parents' political orientation, and that trait anger and HAB appear to mediate the effects of childhood punishment experiences on authoritarianism,. These results support the process of affect displacement as an important influence on adult punitiveness and political orientation.     

Differentiating corporal punishment from physical abuse in the prediction of lifetime aggression

Corporal punishment and parental physical abuse often co‐occur during upbringing, making it difficult to differentiate their selective impacts on psychological functioning. Associations between corporal punishment and a number of lifetime aggression indicators were examined in this study after efforts to control the potential influence of various forms of co‐occurring maltreatment (parental physical abuse, childhood sexual abuse, sibling abuse, peer bullying, and observed parental violence). College students (N = 1,136) provided retrospective self‐reports regarding their history of aggression and levels of exposure to childhood corporal punishment and maltreatment experiences. Analyses focused on three hypotheses: 1) The odds of experiencing childhood physical abuse would be higher among respondents reporting frequent corporal punishment during upbringing; 2) Corporal punishment scores would predict the criterion aggression indices after control of variance associated with childhood maltreatment; 3) Aggression scores would be higher among respondents classified in the moderate and elevated corporal punishment risk groups. Strong support was found for the first hypothesis since the odds of childhood physical abuse recollections were higher (OR = 65.3) among respondents who experienced frequent (>60 total disciplinary acts) corporal punishment during upbringing. Partial support was found for the second and third hypotheses. Dimensional and categorical corporal punishment scores were associated significantly with half of the criterion measures. These findings support efforts to dissuade reliance on corporal punishment to manage child behavior.

     

Selective punishment of interresponse times: The roles of shock intensity and scheduling

Two experiments investigated the roles of shock intensity and scheduling in selective punishment of interresponse times. In each experiment the punishment contingencies were imposed on a background of rats' responding maintained by a variable-interval schedule of food presentation. In Experiment 1 all interresponse times greater than 8 seconds produced shock. In Experiment 2 all interresponse times greater than 8 seconds but less than 12 seconds produced shock. In each experiment shock intensity was initially 0.3 milliamperes (mA) and then was varied through an ascending sequence ranging from 0.1 mA to 0.4 mA, in 0.1-mA increments. Experiment 1 produced response-rate increases at low intensities (0.1 and 0.2 mA) but eliminated responding at the remaining intensities. Experiment 2 produced response-rate increases only with 0.1-mA shock, although responding was maintained at all shock parameters investigated. Analysis of the interresponse times per opportunity showed differential suppression of the targeted responses in all cases except the high-intensity shock phases of Experiment 1. The current data support and extend previous studies of selective interresponse-time-dependent shock schedules but suggest that response-rate increases are not a necessary outcome of this type of procedure. The view that variable-interval schedules of shock presentation selectively target long interresponse times was also supported.     

Operant conditioning of behavioral variability using a percentile reinforcement schedule.

The present investigation developed and tested a new percentile reinforcement schedule suited to study pattern variability, whose main feature was the relative dissociation it provided between the variability requirement defining criterional responses and overall probability of reinforcement. In a discrete-trials procedure, pigeons produced patterns of four pecks on two response keys. If the pattern emitted on the current trial differed from the N preceding patterns, reinforcement was delivered with probability mu. The schedule continuously adjusted the criterion N such that the probability of a criterional response, estimated from the subject's recent behavior, was always constant. In these circumstances, the criterion corresponded to an invariant percentile in the distribution of recent responses. Using a between-subjects design, Experiment 1 manipulated the variability requirement--the percentile--while keeping overall reinforcement probability constant. The degree of variability varied directly with the requirement. In addition, an inverse relationship existed between the requirement and within-group variance. Experiment 2 manipulated probability of reinforcement while maintaining the variability requirement constant. No consistent relationship was found between variability and reinforcement probability. A tentative hypothesis was advanced ascribing the operant conditioning of behavioral variability to a process of probability-dependent selection.     

Retributivism and Multiple Offending

This article addresses the question of how multiple offenders – that is, offenders who have committed more than one crime before they are apprehended – should be punished from a retributivist point of view. Two theories are evaluated, both defending the view that there should be a bulk discount for multiple offending. According to the first theory, a bulk discount follows from the idea of a punishment ceiling for types of crimes and the principle of parsimony in punishing. According to the second, the discount follows from a certain view on mercy. However, it is argued that both theories suffer from theoretical flaws and that they are also insufficient in practical terms. That is, they fail to provide a basis for the making of decisions about how multiple-offence cases should be dealt with by the criminal justice system.     

Pediatric discourse on corporal punishment: A historical review

Corporal punishment is a commonly used, but controversial disciplinary technique. This article reviews the pediatric professional response to corporal punishment over the past century. We focus predominantly on the discourse written to educate pediatricians, for the most part, textbooks. Using the sociologic construction of deviance proposed by Conrad and Schneider, we show how corporal punishment has moved from a condoned behavior to a socially deviant behavior. Based on our review of this literature, we delineate three distinct pediatric professional attitudes toward corporal punishment over this century:(a) corporal punishment as morally sanctioned behavior, (b) corporal punishment as atool for controlling behavior, and (c) corporal punishment as abusive. We show how each of these stances developed and demonstrate how these stances inform paradigms that are still operative today. By reviewing changes in pediatric thought toward corporal punishment, this article provides a useful framework for child health professionals struggling with the appropriateness of corporal punishment as a disciplinary technique.