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From prescription to addiction: a study of prescription drug abuse 从处方到成瘾:对处方药滥用的研究
Pub Date : 2019-02-19 DOI: 10.15406/FRCIJ.2019.07.00263
Andrew O Hagan, Stephanie Burns
General practitioners are dispensing an increasing number of painkillers to their patients at a time when drug abuse is rife in Britain’s prisons and addiction to prescription drugs is in the headlines due to the fall from grace of a high-profile celebrity. This study seeks to investigate how widespread the abuse of prescription drugs has become and what possible solutions there may be. It will examine which drugs are most widely abused and the role of prescription drugs as a more easily obtainable source of illicit highs in the prison population. It will consider what action needs to be taken as a result. The study indicates that pregabalin and gabapentin are drugs most widely abused within the prison population and that drugs are being dispensed with too little consideration of their addictive properties. It is concluded that further research into this area is required with consideration of possible changes to the law in relation to which drugs are controlled, but acknowledges the difficulties due to the medicinal benefits and large numbers of NHS patients currently reliant on these drugs, and underfunding of alternative services such as cognitive behavioural therapy (CBT) and psychotherapy.
在英国监狱中滥用药物现象普遍,而且由于一位知名人士的失宠,处方药成瘾成为头条新闻的时候,全科医生正在给他们的病人配发越来越多的止痛药。这项研究旨在调查滥用处方药的普遍程度,以及可能的解决办法。它将审查哪些药物被最广泛滥用,以及处方药作为监狱人口中更容易获得的非法兴奋剂来源的作用。它将考虑结果需要采取什么行动。研究表明,普瑞巴林和加巴喷丁是监狱中滥用最广泛的药物,而这些药物的使用很少考虑到它们的成瘾性。结论是,需要对这一领域进行进一步的研究,并考虑到可能对与哪些药物受控制有关的法律进行修改,但承认由于医疗效益和大量NHS患者目前依赖这些药物,以及认知行为疗法(CBT)和心理治疗等替代服务资金不足,因此存在困难。
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引用次数: 1
A study on internet bypass fraud: national security threat 网络旁路欺诈:国家安全威胁研究
Pub Date : 2019-02-06 DOI: 10.15406/frcij.2019.07.00262
N. Kala
A call via a legitimate path/route will be bypassed so that there is a revenue loss.1 Generally for making national or international calls, rates are fixed by regulators in a country or by an individual or group of operators. Bypass fraud is prevalent in countries where there is a difference in rates between the retail calling, national calling and international calling. Moreover in some countries, international gateways are monopolized by government operators. The fraudsters make use of difference in rates and ensure that there are enough profits for them and serve as the key motivating factor to invest in procuring the equipments and GSM connections for conducting a large scale Bypass fraud. In countries where the international to national terminating charge margins are low, nil or negative, the bypass fraud either does not exists or is conducted a very low scale. It is one of the latest and most severe threats to a telecom operator’s revenue. It is an unauthorized exploitation or manipulation of an operator’s network. This can happen in two ways:
通过合法路径/路由的呼叫将被绕过,因此存在收入损失一般来说,拨打国内或国际电话,费率由一个国家的监管机构或个人或运营商集团确定。在零售电话、国内电话和国际电话之间存在费率差异的国家,旁路欺诈很普遍。此外,在一些国家,国际门户被政府运营商垄断。诈骗者利用费率的差异,确保有足够的利润,这是他们投资购买设备和GSM连接进行大规模旁路诈骗的关键激励因素。在国际与国内终止费用差额较低、为零或为负的国家,旁路欺诈要么不存在,要么规模很小。这是对电信运营商收入的最新和最严重的威胁之一。它是对运营商网络的未经授权的利用或操纵。这可以通过两种方式发生:
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引用次数: 2
The latest developments of China’s death penalty reforms 中国死刑改革的最新进展
Pub Date : 2019-01-29 DOI: 10.15406/frcij.2019.07.00261
Jiang Na, Wang Yue
The death penalty in China is generally accepted as one of major human rights issues during international dialogues. In the recent decade, China has undertaken great efforts to reduce the execution or death sentences in capital cases by many means. Following Amendment VIII to Criminal Law of the PRC in 2011 (2011 Amendment), China adopted Amendment IX to Criminal Law of the PRC in 2015 (2015 Amendment)1 in order to further decrease crimes punishable by death in law and to shrink the applicable scope of the death penalty in practice. Based on lessons from the past death penalty reforms, this research will examine progress and problems in China’s latest reforms in order to better reform the current death penalty system towards its eventual abolition from the perspective of human rights protection.
在国际对话中,中国的死刑问题被普遍接受为主要的人权问题之一。近十年来,中国通过多种方式为减少死刑案件的执行或死刑作出了巨大努力。继2011年《中华人民共和国刑法修正案(八)》(2011年修正案)之后,中国于2015年通过了《中华人民共和国刑法修正案(九)》(2015年修正案)1,以进一步减少法律上可判处死刑的犯罪,并在实践中缩小死刑的适用范围。基于以往死刑改革的经验教训,本研究将考察中国最新死刑改革的进展和问题,以便从人权保护的角度更好地改革现行死刑制度,最终废除死刑。
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引用次数: 0
Admissibility of indirect evidence in Chinese cases of torture 中国酷刑案件中间接证据的可采性
Pub Date : 2019-01-28 DOI: 10.15406/frcij.2019.07.00260
Jiang Na, Kang Linlin
China’s criminal procedure law fails to prescribe legal requirements for admitting indirect evidence. This is against international standards and detrimental to justice. Most notably, a lack of remedies for violations of exclusionary rules is the primary form of abusing human rights. Prevention of such abuses may entail China’s gradual ideological shift to human rights protection in cases of torture. So far, the problems of admitting indirect evidence have been insufficiently explored in theory or in practice. Addressing this lack, this article gives a preliminary analysis of legislation concerning the admissibility of indirect evidence. The first part interprets the grounds for a lack of the admissibility of indirect evidence in China’s current legislation. The second part introduces the legal effect of international human rights law on China’s criminal procedural law, as the reasons for its bringing the admissibility in line with international human rights treaties. The third part shows that a primary form of the relevant human rights abuses is a lack of remedies for violations of exclusionary rules. The fourth part gives explanations for and suggestions on how to prevent such abuses.
中国的刑事诉讼法没有规定承认间接证据的法律条件。这不符合国际标准,也有损于正义。最值得注意的是,缺乏对违反排他规则的补救办法是侵犯人权的主要形式。防止此类侵权行为可能需要中国在意识形态上逐渐转向在酷刑案件中保护人权。到目前为止,间接证据的承认问题在理论和实践中都没有得到充分的探讨。针对这一不足,本文对间接证据的可采性立法进行了初步分析。第一部分解释了中国现行立法中间接证据可采性缺失的原因。第二部分介绍了国际人权法对中国刑事诉讼法的法律影响,以及中国刑事诉讼法的可受理性与国际人权条约接轨的原因。第三部分表明,相关人权侵犯的主要形式是缺乏对违反排他规则的补救措施。第四部分对如何防止此类滥用进行了解释和建议。
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引用次数: 0
Enhancement of the compliance to the updated Egyptian mental health law, a six sigma breakthrough project 加强遵守最新的埃及精神卫生法,这是一个六西格玛突破性项目
Pub Date : 2019-01-11 DOI: 10.15406/frcij.2019.07.00259
A. Elghazali, Mahmoud El Damaty, D. Shokry, A. Dobie
Definitions I. The term competence to consent refers to an individual’s legal capacity to accept a proposed treatment, to refuse treatment, or to select among treatment options. II. Voluntary admission: should base on patient’s competence and free Volition to give informed written consent. The patient has the right to ask for being discharged. III. Involuntary admission: conditioned with Presence of apparent signs and symptoms of severe mental illness, serious risky symptoms impacting the safety, health or life of the patient or the others or possibility of impending sever deterioration of the mental status.2 IV. Medical Abbreviations: a) BPRS: brief psychiatric rating scale measurement tool b) GAF: global functioning assessment tool c) HCR-20: history, clinical picture, risk management assessment scale Hard benefits I. Compliance to the law prevents legal consequences. II. Decrease patient complaints Increasing the effective utilization of time by decreasing chances of re-do. III. Increasing the total hospital’s revenue IV. Save money payed in court sue and malpractice claims. V. Minimizing ineffective services. VI. +Minimizing defective services. Soft benefits i. Improve professional image within the Regional/National Counsel. ii. Increase the public image of the hospital in the community. iii. Increase confidence of the customers, internal and external. iv. Increase the awareness of the employees v. Facilitate quest for accreditation. Situational analysis Compliance to the mental health law project has been selected by Quality Council after identification of the internal process defects through the auditing reports by the National/regional Counsel of Mental Health Table 1.3
定义1 .“同意能力”一词是指个人接受建议的治疗、拒绝治疗或在治疗方案中选择的法律能力。2自愿入院:应基于病人的能力和自由意志给予知情的书面同意。病人有权要求出院。32 .非自愿入院:条件是存在严重精神疾病的明显迹象和症状,严重危险症状影响患者或他人的安全、健康或生命,或精神状况即将严重恶化的可能性四、医学缩写:a) BPRS:简短精神病评定量表测量工具b) GAF:整体功能评估工具c) HCR-20:病史、临床情况、风险管理评估量表2减少病人的抱怨通过减少重做的机会来提高时间的有效利用。3增加医院的总收入四、节省在法庭诉讼和医疗事故索赔方面的费用。五、尽量减少无效服务。VI. +尽量减少有缺陷的服务。i.提高区域/国家法律顾问的专业形象。2提升医院在社区的公众形象。3增加客户的信心,内部和外部。iv.提高员工的意识v.促进认证的寻求。质量委员会通过国家/地区心理健康顾问的审计报告(表1.3)确定了内部程序缺陷后,选择遵守心理健康法律项目
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引用次数: 0
Comments on legal framework for evidence taking in China 论中国取证的法律框架
Pub Date : 2019-01-07 DOI: 10.15406/frcij.2019.07.00258
Jiang Na, Han Rong
With the revelation of more and more wrongful convictions, Chinese authorities have responded to criminal injustices by means of new justice reforms in the recent decade. The public and media at home or abroad are curious about the core of justice reforms in China like the rule of evidence taking or exclusion. Clearly, Chinese evidence rules used in handling criminal cases including capital cases cannot meet the minimum standard of human rights or criminal justice in many aspects, particularly in the context of international standards concerned. Chinese authorities are still exploring into whether or not its rule conforms to international human rights rules, and if not, how to change it for better justice and human rights protection in criminal cases. This paper will start from a general description of legal framework and its context on the books. Next, it will proceed with the development and reforms of Chinese rules on evidence exclusion. Further, it will examine the Impact of Exclusionary Rules on the actors within criminal proceedings. Also, both the justification of exclusionary rules in paper law and their limitations will be analysed and commented as well. Particularly, it will specify the mandatory or discretionary feature of exclusionary rules and clarify the flaw of no acknowledgment of the “fruit of the poisonous tree” doctrine. Finally, it will suggest substantive reform proposals from the perspective of the significance and impact of international human rights law in the Chinese context.
随着越来越多的冤假错案的曝光,近十年来,中国当局通过新的司法改革来应对刑事不公正。国内外公众和媒体对中国司法改革的核心——采证规则或排除规则感到好奇。显然,中国在处理包括死刑案件在内的刑事案件中所使用的证据规则在许多方面都不能达到人权或刑事司法的最低标准,特别是在有关国际标准的背景下。中国当局仍在探索其规则是否符合国际人权规则,如果不符合,如何改变它,以便在刑事案件中更好地伸张正义和保护人权。本文将从法律框架的一般描述及其对书籍的背景开始。接下来,将论述中国证据排除规则的发展与改革。此外,它将审查排除规则对刑事诉讼行为者的影响。此外,本文还对纸面法中排除规则的正当性及其局限性进行了分析和评论。特别地,它将明确排除规则的强制性或自由裁量性特征,并澄清不承认“毒树之果”学说的缺陷。最后,从国际人权法在中国的意义和影响出发,提出实质性的改革建议。
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引用次数: 0
Christine blasey ford‘s accusations against Brett kavanaugh: a case for discussion 克里斯汀·布拉西·福特对布雷特·卡瓦诺的指控:一个值得讨论的案例
Pub Date : 2019-01-04 DOI: 10.15406/frcij.2019.07.00257
S. Johnson
High-school and college life are both exciting and challenging, exciting because of the new freedom that adolescents and young adults now have. They can now make many more of their decisions independently and have far more decisions to make. Decisions about socializing, studying, as well as to whether to use drugs and/or alcohol. High school and college life can be challenging because with the newly found freedom and opportunities comes risks. Risks not only involving consequences for behaviors that are questionable or antisocial but the consequences of being psychologically, physically, and/or sexually assaulted or raped experimentation with drugs and alcohol is common. Many high-school and college gatherings may include alcohol and/or drugs as part of the socializing or party culture. The risk is inherent. To become intoxicated or high creates additional risks for safety. To be clear, regardless of poor or questionable decisions made, anyone who is the victim of any type of violence, (psychological, physical, or sexual) is not responsible for the perpetrator’s decision and choice to engage in any type of violence. Sexual assault and rape are far too common among high-school and college students and at times may not be immediately reported. This is being written by a forensic psychologist, someone who has interviewed victims and perpetrators of sexual assault, rape, domestic abuse, child abuse, and murder, including sadists and psychopaths. This is not meant as an exhaustive literature review or exhaustive review of the case being discussed. Let us turn first to information about sexual assault and rape, recovered memories, and other background information relevant to this case.
高中和大学生活既令人兴奋又充满挑战,令人兴奋是因为青少年和年轻人现在拥有了新的自由。他们现在可以独立做出更多的决定,有更多的决定要做。关于社交,学习,以及是否使用药物和/或酒精的决定。高中和大学生活充满挑战,因为伴随着新发现的自由和机会而来的是风险。风险不仅涉及可疑或反社会行为的后果,而且涉及心理、身体和/或性侵犯或强奸的后果,吸毒和酗酒的实验很常见。许多高中和大学聚会可能包括酒精和/或毒品作为社交或派对文化的一部分。风险是固有的。醉酒或醉酒会给安全带来额外的风险。需要明确的是,无论做出了多么糟糕或有问题的决定,任何形式的暴力(心理上的、身体上的或性的)的受害者都不对施暴者的决定和选择负责。性侵犯和强奸在高中生和大学生中太常见了,有时可能不会立即报告。这是一位法医心理学家写的,他采访过性侵犯、强奸、家庭暴力、虐待儿童和谋杀的受害者和肇事者,包括虐待狂和精神病患者。这并不意味着作为一个详尽的文献综述或详尽的审查正在讨论的情况。让我们首先看看性侵犯和强奸的信息,恢复的记忆,以及与此案有关的其他背景信息。
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引用次数: 0
Dental student forensic knowledge and skills 牙科学生的法医知识和技能
Pub Date : 2018-12-31 DOI: 10.15406/frcij.2018.06.00256
Mona Sivaneri, Constance Wiener R, A. Shockey, Christopher Waters
Teeth are the strongest tissues of the human body, therefore are the least susceptible to destruction,1 even when compared with bones, particularly when subject to heat. Drastic changes in bone properties during burning can cause great difficulties in forensic identification tests. These changes to burnt bone, such as heat-induced shrinkage and deformation alter the morphological indicators that are critical for identification.2 In addition to the ability to withstand a significant amount of heat, the anatomy of teeth is unique from individual to individual and, as such, is used in human identification.1 When a massive disaster happens within a population, there is one task that must be completed to assure closure for many survivors. That task is victim identification. In disasters with thousands of victims, the most common records used and available for identification are dental records,1 particularly dental radiographs. Other new and innovative techniques, such as DNA technology in forensic dentistry are also becoming very important in human identification;3 however, DNA is heat-labile, whereas, teeth, as well as restorations, are able to withstand heat unless the teeth are exposed to a direct flame.4 The foundation of identification through dental remains begins by comparing the teeth as well as the occlusion, with available dental records.4 Comparing ante mortem and postmortem dental radiographs are the most dependable methods of determining an individual’s dental remains.4 Many other techniques are being developed in dental forensics to provide higher scientific certainty for the results of burnt bone/teeth identification. These developmental applications include the use of cone-beam computed tomography,5 the identification of restorative dental materials through microscopy and elemental analyses that may be useful even with cremation,6 and computer algorithms of ante mortem and postmortem dental records.7 In a recent reliability study, raters using a cone-beam computed tomography imaging technique were able to make accurate visual comparisons with ante mortem radiographs.8 In cases where ante mortem records are not currently available, a forensic dentist can create a postmortem dental profile to be saved for any potential future availability or disclosure of ante mortem records.9 With all of these advancing technologies in forensic identification, there is still a critical need for dental professionals to be able to make comparisons of radiographs in a patient’s chart and radiographs of victims taken after a disaster. Dental students need to learn how to make comparisons. The purpose of this research was to evaluate dental student knowledge about dental forensics and to evaluate dental student skills in comparing radiographs. Our central hypothesis is that there is no difference in the ability of dental students at each level of their education in making comparisons of radiographs, and in their knowledge of dental forensics.
牙齿是人体最坚固的组织,因此最不容易受到破坏,即使与骨骼相比也是如此,尤其是在受热的情况下。燃烧过程中骨骼特性的剧烈变化会给法医鉴定测试带来很大困难。烧伤骨的这些变化,如热引起的收缩和变形,改变了对鉴定至关重要的形态学指标除了能够承受大量的热量外,每个人的牙齿解剖结构都是独一无二的,因此可以用于人类的身份识别当一场巨大的灾难发生在一个人群中时,有一项任务必须完成,以确保许多幸存者得到解脱。这项任务就是识别受害者。在有数千名受害者的灾难中,最常用和可用于身份识别的记录是牙科记录,特别是牙科x光片。其他新的和创新的技术,如法医牙科中的DNA技术,在人类身份鉴定中也变得非常重要。然而,DNA是热不稳定的,而牙齿和修复体能够承受高温,除非牙齿直接暴露在火焰中通过牙齿遗骸进行鉴定的基础,首先是将牙齿和咬合情况与现有的牙科记录进行比较比较死前和死后的牙齿x光片是确定一个人牙齿遗骸最可靠的方法许多其他技术正在发展牙科法医,以提供更高的科学确定性的结果,烧焦的骨头/牙齿鉴定。这些发展中的应用包括锥束计算机断层扫描(锥束计算机断层扫描),通过显微镜和元素分析鉴定牙齿修复材料(即使在火化时也可能有用),以及对死前和死后牙齿记录的计算机算法(锥束计算机断层扫描)在最近的一项可靠性研究中,评分者使用锥束计算机断层成像技术能够与死前x线片进行准确的视觉比较在目前无法获得死亡前记录的情况下,法医牙医可以创建一份死亡后牙齿档案,以备将来可能获得或披露的死亡前记录尽管在法医鉴定方面有了这些先进的技术,但牙科专业人员仍然迫切需要能够将患者病历中的x光片与灾难后受害者的x光片进行比较。牙科专业的学生需要学会如何进行比较。本研究的目的是评估牙科学生对牙科法医学的知识,并评估牙科学生在比较x光片方面的技能。我们的中心假设是,不同教育水平的牙科学生在比较x光片和牙科法医知识方面的能力没有差异。
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引用次数: 0
Right to sanitation – a human right 享有卫生设施的权利——一项人权
Pub Date : 2018-12-31 DOI: 10.15406/frcij.2018.06.00255
Raju Majhi
India do not have access to improved sanitation.1 It is estimated that every death out of ten in India can be attributed to poor sanitation and hygiene. The efforts to increase sanitation coverage in rural areas face the principal challenge of changing long-held open defecation behaviour. An estimated 55% of all Indians or close to 600 million people do not have access to any kind of toilet.2 In rural India, scale of the problem is particularly daunting; around 74% of rural population still defecates in open.3 The women and girls face unique cultural and biological burdens in relation to sanitation. Lack of adequate sanitation in schools is a critical impediment to school education, particularly for girls. With such stark reality, systems often continue to compromise the health, safety, and productivity of girls and women. Within this context, gender-respective sanitation interventions in rural areas have the potential to improve adoption and long-term outcomes for women and their communities through targeted implementation wherein improved sanitation facilities4 should be a priority.
印度没有改善的卫生设施据估计,印度每10例死亡中就有1例可归因于恶劣的环境卫生和个人卫生。提高农村地区卫生设施覆盖率的努力面临的主要挑战是改变长期存在的露天排便行为。据估计,55%的印度人或近6亿人没有任何厕所可用在印度农村,问题的规模尤其令人生畏;大约74%的农村人口仍然露天排便妇女和女孩在卫生方面面临着独特的文化和生物负担。学校缺乏适当的卫生设施是学校教育的一个严重障碍,对女孩来说尤其如此。面对如此严峻的现实,体制往往继续损害女童和妇女的健康、安全和生产力。在此背景下,农村地区针对性别的卫生干预措施有可能通过有针对性的实施,改善卫生设施4应成为优先事项,从而改善妇女及其社区的收养和长期成果。
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引用次数: 0
Offender management: a review of approaches, benefits and challenges 罪犯管理:方法、利益和挑战的回顾
Pub Date : 2018-12-28 DOI: 10.15406/frcij.2018.06.00254
A. O’Hagan, A. Elliott
With such a high proportion of UK crime being committed by the same set of offenders, the Home Office introduced Integrated Offender Management as a means of reducing re offending in the UK. By combining the efforts of the police force, probation services and non-statutory organizations, offenders receive a more intensive rehabilitation treatment and support regime. This review considers the approaches taken by various pioneer counties since 2009, with a focus on the benefits and challenges realized until present. It has been found that co-locating all services, and using an established selection and de-selection process, is key to extracting the best results from the scheme. The biggest challenge still faced by IOM is offender engagement, as current statistics show that re-offending rates during and after the programme are still at unsatisfactory levels.
由于英国犯罪中有如此高比例是由同一组罪犯犯下的,英国内政部引入了罪犯综合管理,作为减少英国再犯罪的一种手段。透过警队、感化服务及非法定机构的共同努力,违法者可获得更深入的康复治疗及支援。本综述考虑了自2009年以来各个先锋县采取的方法,重点关注到目前为止实现的利益和挑战。研究发现,共同定位所有服务,并使用既定的选择和取消选择过程,是从方案中提取最佳结果的关键。国际移民组织仍然面临的最大挑战是罪犯的参与,因为目前的统计数据显示,在项目期间和之后的再犯罪率仍然处于令人不满意的水平。
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引用次数: 0
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