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‘Often Fails to Give Close Attention to Detail’: Attention-Deficit Hyperactivity Disorder (ADHD) in Criminal Justice Offender Populations 经常不注意细节":刑事司法罪犯群体中的注意力缺陷多动障碍 (ADHD)
Pub Date : 2024-08-08 DOI: 10.53300/001c.122030
Corey J Lane, Mark David Chong, Geoff Kewley
Attention-Deficit Hyperactivity Disorder (ADHD) is a neurodevelopmental disorder that presents in approximately 5% of children and 2.5% of adults. It is characterised by a range of behaviours that represent the extreme and problematic ends of the spectrums of inattention and/or hyperactivity/impulsivity across life contexts. The disorder generally presents during childhood and is highly heritable. A variety of genetic/biological liabilities are associated with ADHD. The interaction between these liabilities and suboptimal environmental experiences further increases the likelihood of problematic ADHD symptoms occurring. Especially when untreated, those with ADHD face a disproportionately high risk of calamitous life outcomes. One such potential trajectory is juvenile and/or adult criminal offending. Those with ADHD have been found to be five times more prevalent in juvenile detention settings and ten times more prevalent in adult prisons than they are in the general population. Despite this, ADHD is rarely given serious consideration when it comes to youth and criminal justice policy development and review. We contend that this is a colossal oversight. This oversight is, at least in part, likely due to the ill-informed controversy about the nature of ADHD and its treatment. In this article, we attempt to demystify some of these controversies. We also explain why those with ADHD are overrepresented in youth and criminal justice offender populations. Finally, we put forward ideas aimed at optimally addressing this overrepresentation and its impact on society.
注意力缺陷多动障碍(ADHD)是一种神经发育障碍,约有 5%的儿童和 2.5%的成年人患有这种疾病。它的特征是在不同的生活环境中,出现一系列代表注意力不集中和/或多动/冲动的极端行为和问题行为。这种障碍一般在儿童时期出现,具有高度遗传性。多动症与多种遗传/生物学因素有关。这些缺陷与不理想的环境经历相互作用,进一步增加了出现问题性多动症症状的可能性。尤其是在没有得到治疗的情况下,多动症患者面临着过高的人生灾难性后果的风险。青少年和/或成人犯罪就是其中一种潜在的轨迹。研究发现,与普通人相比,多动症患者在青少年拘留所和成人监狱中的发病率分别高出五倍和十倍。尽管如此,在制定和审查青少年和刑事司法政策时,却很少认真考虑多动症问题。我们认为这是一个巨大的疏忽。这种疏忽至少在一定程度上可能是由于人们对多动症的本质及其治疗方法的争议所造成的。在本文中,我们试图揭开其中一些争议的神秘面纱。我们还解释了为什么多动症患者在青少年和刑事罪犯中的比例过高。最后,我们提出了一些想法,旨在以最佳方式解决这一比例过高的问题及其对社会的影响。
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引用次数: 0
A Practitioner’s Perspective Concerning the Links between Attention Deficit Hyperactivity Disorder (ADHD) and the Criminal Justice System 从从业人员的角度看注意力缺陷多动障碍 (ADHD) 与刑事司法系统之间的联系
Pub Date : 2024-08-08 DOI: 10.53300/001c.122032
Phillip Anderton
This expert commentary examines the links between Attention Deficit Hyperactivity Disorder (ADHD) and the criminal justice system from a practitioner’s unique perspective. Having served as a senior police officer where my interest in these subjects grew, to now being the managing director of the United Kingdom’s largest specialist ADHD clinic, this examination turns the current debate on its head. Shifting from ‘more needs to be done’ through to ‘this is how we can do more’, the commentary concludes that we know what is wrong; we can identify the people we need to help; and hence, we need to rise up and break the systemic cycle of failure for people with ADHD and keep them in the health system rather than allowing them to fall into the criminal justice system. This analysis is based on academic research, real world-evidence and clinical experience.
这篇专家评论以从业者的独特视角审视了注意力缺陷多动障碍 (ADHD) 与刑事司法系统之间的联系。我曾是一名高级警官,对这些问题的兴趣与日俱增,现在我是英国最大的注意力缺陷多动障碍专科诊所的总经理。从 "需要做更多的工作 "到 "我们可以这样做更多的工作",评论的结论是:我们知道哪里出了问题;我们可以确定我们需要帮助的人群;因此,我们需要站起来,打破多动症患者的系统性失败循环,让他们留在医疗系统中,而不是让他们落入刑事司法系统。本分析基于学术研究、现实世界的证据和临床经验。
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引用次数: 0
Understanding the Nature of ADHD and the Vulnerability of Those with the Condition Who Fall Foul of the Criminal Justice System 了解多动症的性质以及触犯刑事司法制度的多动症患者的脆弱性
Pub Date : 2024-08-08 DOI: 10.53300/001c.122031
Geoff Kewley, Corey J Lane, Mark David Chong
Individuals with Attention Deficit Hyperactivity Disorder (ADHD) are highly overrepresented in criminal offender populations. Those with ADHD present with problematic and excessive levels of inattention, and/or hyperactivity and impulsivity. It is generally accepted that self-control difficulty is a core vulnerability for those with ADHD. A lack of appropriate self-control has long been recognised across disciplines to be an important influencing factor on the commission of crime. Historically, the occurrence of pervasively low-self-control within an individual has been seen to be principally influenced by social and environmental factors. Up-to-date research and understanding, however, shows that variability in self-control is heavily biologically/genetically derived. This article offers an integrated medical paediatric, psychological, and criminological perspective on ADHD and its impact on criminal justice outcomes. We argue that crime prevention and/or ADHD symptom management strategies that have been ignorant of this understanding are inadequate and may have unintentionally worked to the detriment of those with ADHD. We propose that a more comprehensive and applied understanding as to the origins of pervasive self-control difficulties in policy and practice is necessary to reduce the overrepresentation of those with ADHD in criminal and youth justice offender populations.
注意力缺陷多动障碍(ADHD)患者在刑事犯罪人群中的比例很高。多动症患者表现为注意力不集中和/或多动和冲动程度过高。人们普遍认为,自我控制困难是多动症患者的一个核心弱点。长期以来,各学科都认为缺乏适当的自我控制能力是影响犯罪的一个重要因素。从历史上看,一个人普遍缺乏自控能力主要是受社会和环境因素的影响。然而,最新的研究和认识表明,自我控制能力的变化在很大程度上是由生物/遗传因素造成的。本文从儿科医学、心理学和犯罪学的角度综合探讨了多动症及其对刑事司法结果的影响。我们认为,忽视这一认识的犯罪预防和/或多动症症状管理策略是不充分的,可能无意中损害了多动症患者的利益。我们建议,有必要在政策和实践中对普遍存在的自我控制困难的根源有一个更全面、更适用的理解,以减少多动症患者在刑事和青少年司法犯罪人群中的过高比例。
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引用次数: 0
Corporate Purpose and the Misleading Shareholder vs Stakeholder Dichotomy 企业宗旨和误导性的股东与利益相关者二分法
Pub Date : 2024-03-14 DOI: 10.53300/001c.94050
Beate Sjåfjell, Jukka Mähönen
Corporate purpose has again become a topic of discussion in company law and corporate governance. In the European Union, the tension between the societal approach to companies with its long history and the efficiency-based approach with its much shorter history (and weaker basis) is palpable in the heated debates ever since the European Commission launched its Sustainable Corporate Governance initiative in 2020. In this debate, shareholder primacy proponents have sought to frame the discussion within what we call a shareholder v stakeholder dichotomy. The dichotomy is misleading and dangerous in the way it takes company law proper out of the discussion and reinforces the shareholder primacy drive. We reject the dichotomy as a meaningful framing of the debate and seek to dismantle some of the strawmen set up on the road towards sustainable corporate governance. We instead discuss corporate purpose as a matter of company law and relevant to ensuring the contribution of business to sustainability, and how such an overarching purpose could be operationalised with a redefinition of duties of the board. With this backdrop, we analyse the Sustainable Corporate Governance initiative, concentrating on company law and sustainability aspects of the proposed Corporate Sustainability Due Diligence Directive.
公司宗旨再次成为公司法和公司治理中的一个讨论话题。在欧盟,自欧盟委员会于 2020 年发起 "可持续公司治理 "倡议以来,历史悠久的社会性公司治理方法与历史更短(基础更薄弱)的效率性公司治理方法之间的矛盾在激烈的辩论中显而易见。在这场辩论中,股东至上的支持者试图将讨论归结为股东与利益相关者的二分法。这种二分法具有误导性和危险性,因为它将公司法本身排除在讨论之外,强化了股东至上的驱动力。我们反对将二分法作为一种有意义的辩论框架,并试图拆除在实现可持续公司治理道路上设置的一些稻草人。取而代之的是,我们讨论作为公司法事项的公司宗旨,以及与确保企业对可持续发展的贡献相关的公司宗旨,并讨论如何通过重新定义董事会的职责来实现这一总体宗旨。在此背景下,我们对可持续公司治理倡议进行了分析,重点是拟议的《公司可持续性尽职调查指令》中的公司法和可持续性方面。
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引用次数: 0
Legal Considerations in Machine-Assisted Decision-Making: Planning and Building as a Case Study 机器辅助决策中的法律思考——以规划与建设为例
Pub Date : 2023-09-05 DOI: 10.53300/001c.87776
Yee-Fui Ng, E. Windholz, James Moutsias
The rise of automated decision-making in government poses both benefits and challenges. This article identifies and examines legal considerations relevant to governments and businesses in automating existing decision-making processes, focussing on planning permits and building approvals as a case study. It examines issues of transparency, algorithmic bias, privacy, data and intellectual property rights, as well as the implications of the use of generative Artificial Intelligence (AI). It also considers legal issues including whether decisions can be automated and if so, whether they are susceptible to judicial and administrative review; legal liability for damage caused by the use of AI in government decision-making; and the admissibility of AI-generated information. It is argued that although the use of AI provides significant benefits in terms of speed, efficiency and quality of decision-making, attention to the considerations of transparency, responsibility, privacy, liability and admissibility is required to minimise the risks of utilising AI systems.
政府自动化决策的兴起带来了好处,也带来了挑战。本文确定并审查了在自动化现有决策过程中与政府和企业相关的法律考虑因素,重点是规划许可证和建筑审批作为案例研究。它研究了透明度、算法偏见、隐私、数据和知识产权等问题,以及使用生成人工智能的影响。它还考虑法律问题,包括决定是否可以自动化,如果可以,是否容易受到司法和行政审查;在政府决策中使用人工智能造成损害的法律责任;以及人工智能生成的信息的可接受性。有人认为,尽管人工智能的使用在决策的速度、效率和质量方面提供了显著的好处,但需要注意透明度、责任、隐私、责任和可接受性的考虑,以最大限度地降低使用人工智能系统的风险。
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引用次数: 0
‘Fully Diagnosed, Fully Stabilised and Fully Treated’: Succeeding in a Claim for a Disability Support Pension in Australia for Endometriosis and Chronic Pelvic Pain “完全诊断、完全稳定和完全治疗”:在澳大利亚成功申请子宫内膜异位症和慢性骨盆疼痛的残疾支持养老金
Pub Date : 2023-06-20 DOI: 10.53300/001c.81310
Karena Viglianti
In 2019, Ms Natasha Thomson won an application for a disability support pension (DSP) under the Social Security Act 1991 (Cth) before the Australian Administrative Appeals Tribunal (AAT). Ms Thomson was taken to the AAT by the Department of Social Security when it appealed a decision of the AAT’s Social Services and Child Support Division. Ms Thomson is the only applicant with chronic pelvic pain and likely endometriosis that has succeeded in her claim for a DSP before the Tribunal since 2005. Endometriosis is an inflammatory condition characterised by endometrial-like tissue growing outside the uterus, which can result in pain and adhesions. It commonly grows on the pelvic organs and peritoneum but has been found in other parts of the body, such as the lungs, diaphragm, kidney and navel. There is no cure at present. Long-term management is required using medical and/or surgical treatment, both of which focus on alleviating symptoms. In this article, I consider the AAT’s determinations and set out what applicants, their legal representatives and their treating doctors can learn from the cases on applicants for a DSP with endometriosis and chronic pelvic pain.
2019年,Natasha Thomson女士根据《1991年社会保障法》(Cth)在澳大利亚行政上诉法庭(AAT)赢得了残疾支持养老金(DSP)的申请。汤姆森女士被社会保障部带到AAT,当时AAT对AAT的社会服务和儿童支持部门的决定提出上诉。自2005年以来,Thomson女士是唯一一位患有慢性盆腔疼痛和可能患有子宫内膜异位症的申请人,她在法庭上成功申请了DSP。子宫内膜异位症是一种炎症性疾病,其特征是子宫内膜样组织生长在子宫外,可导致疼痛和粘连。它通常生长在盆腔器官和腹膜上,但在身体的其他部位也有发现,如肺、横膈膜、肾脏和肚脐。目前尚无治愈方法。需要使用医疗和/或外科治疗进行长期管理,这两种治疗都侧重于缓解症状。在这篇文章中,我考虑了AAT的决定,并阐述了申请人、他们的法律代表和他们的主治医生可以从子宫内膜异位症和慢性骨盆疼痛DSP申请人的案例中学到什么。
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引用次数: 0
Equity and Mediation: Affinities and Disjunctures 公平与调解:亲和与分离
Pub Date : 2023-06-20 DOI: 10.53300/001c.75218
L. Boulle, R. Field
The authors and Professor Denis SK Ong were colleagues at the Bond University Law School. Given their different areas of interest they did not collaborate on intellectual and academic matters. It is, however, to the regret of the current authors that they never discussed the subject of this contribution, namely the relationship between mediation, and other forms of dispute resolution (DR), on one hand and equity and its principles, on the other. This is regrettable as Denis’s scholarship and erudition on the topic would have led to a fruitful discussion. This article is written in honour of Professor Ong and his innumerable achievements in many fields of academic life.
作者和Denis SK Ong教授是邦德大学法学院的同事。考虑到他们感兴趣的领域不同,他们在智力和学术问题上没有合作。然而,令现任作者遗憾的是,他们从未讨论过这一贡献的主题,即调解和其他形式的争端解决与公平及其原则之间的关系。这是令人遗憾的,因为丹尼斯在这个话题上的学术和渊博知识本可以引发富有成果的讨论。这篇文章是为了纪念王教授和他在学术生活的许多领域取得的无数成就而写的。
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引用次数: 0
The Purest Positivist of Them All? Denis Ong’s Equity Jurisprudence 最纯粹的实证主义者?丹尼斯·翁的衡平法理学
Pub Date : 2023-04-06 DOI: 10.53300/001c.74190
Brendan Edgeworth
It is undeniable that the late Denis Ong’s remarkable scholarly output has placed him among the foremost academic authorities in the field of equity and trusts in Australia. With a plethora of books and academic journal articles to his name, few scholars have produced as vast a store of analysis of a large swathe of private law jurisprudence, stretching over more than four decades. This article seeks to outline the remarkable quality of this body of work.
不可否认,已故的Denis Ong卓越的学术成果使他成为澳大利亚股权和信托领域最重要的学术权威之一。他名下有大量的书籍和学术期刊文章,很少有学者对40多年来的大量私法判例进行如此大量的分析。这篇文章试图概述这一系列工作的卓越品质。
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引用次数: 0
Family Arbitration in Australia: A difficult birth 澳大利亚家庭仲裁:难产
Pub Date : 2023-03-21 DOI: 10.53300/001c.73768
Joseph Harman
The use of arbitration in family law effectively commenced with the promulgation in April 2016 of Family Law Rules to facilitate arbitration. This article accesses all available data of the Federal Circuit Court (as it then was) regarding the use of arbitration for the three years from April 2016 to 2019. The data discussed paints a picture of the birth of family arbitration in Australia and charts trends in the use and facilitation of arbitration over this important, formative period.
随着2016年4月颁布《家庭法规则》以促进仲裁,仲裁在家庭法中的使用实际上开始了。本文访问了联邦巡回法院(当时的情况)关于2016年4月至2019年三年仲裁使用的所有可用数据。所讨论的数据描绘了澳大利亚家庭仲裁的诞生,并描绘了在这一重要的形成时期使用和促进仲裁的趋势。
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引用次数: 0
Governing in Troubled Times: Exploring Australia’s Commitment to Human Rights Through Statements of Compatibility under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) 困境时期的治理:通过2011年《人权(议会审查)法》下的兼容性声明探讨澳大利亚对人权的承诺(Cth)
Pub Date : 2023-03-08 DOI: 10.53300/001c.73062
Nicholas Bulbeck
The Australian government has emphasised social cohesion in addressing contemporary challenges. Arguing the legal protection of human rights could support social cohesion, this article examines the most recent federal human rights initiative – the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). While the Act’s effectiveness has recently been assessed, assessments relied on analysis of Statements of Compatibility produced before 2016. The article addresses this gap. Analysing 46 statements from the final six months of 2019 against criteria derived from the scrutiny regime, it argues statement quality was generally poor, supporting existing conclusions the Act is relatively ineffective. It argues reform is required, suggesting a National Human Rights Act should be re-examined. This could both protect human rights in Australia and support social cohesion in a challenging global environment.
澳大利亚政府在应对当代挑战时强调社会凝聚力。本文认为,对人权的法律保护可以促进社会凝聚力,并探讨了最新的联邦人权倡议——《2011年人权(议会审查)法》(加拿大)。虽然最近对该法案的有效性进行了评估,但评估依赖于对2016年之前生成的兼容性声明的分析。本文解决了这一差距。根据审查制度得出的标准,分析了2019年最后六个月的46份声明,认为声明质量普遍较差,支持了该法案相对无效的现有结论。它认为改革是必要的,建议重新审查《国家人权法》。这既可以保护澳大利亚的人权,又可以在充满挑战的全球环境中支持社会凝聚力。
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引用次数: 1
期刊
Bond Law Review
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