[The criminal law protection of healthcare workers as persons entrusted with public functions]. / Az egészségügyben közfeladatot ellátó személyek büntetojogi védelme.

INTRODUCTION: Since the second half of the 20th century, criminal law has offered enhanced protection to healthcare workers as persons exercising public service functions, and to this day, such specific protection affects the lives and work of health professionals. OBJECTIVE: The aim of the study is to present how healthcare workers' enhanced criminal protection has developed since the second half of the 20th century, how the scope of its subjects has evolved and broadened, and what it really contains. It is also aimed at presenting how the crime of assault on persons exercising public service functions in this field is reflected in criminal statistics. METHOD: The study was carried out by reviewing the relevant legislation, judicial practice and literature, as well as by analysing the data provided, upon request, by the Office of the Prosecutor General. RESULTS: Along with the expansion of the scope of passive subjects of the crime of assault on persons exercising public service functions, the range of healthcare workers has also expanded, and modern Hungarian criminal law has been offering them a higher level of criminal protection. Judicial practice has expanded this circle even further, thus, the current range of persons entitled to enhanced criminal protection is particularly wide. However, this protection is not general in nature, but it is linked to specific healthcare activities, which is confirmed by the available and analysed statistical data. CONCLUSION: Healthcare workers, being persons exercising public service functions, are entitled to enhanced criminal protection, as a result of which they are more likely to be victims of the crime of assault against persons exercising public service functions. Orv Hetil. 2023; 164(6): 227-233.

A useful science: Criminal interrogation and the turn to psychology in Germany around 1800.

This article argues that psychology gained prestige as a useful and practical science in Germany in the late eighteenth and early nineteenth centuries. Focusing on discussions of the practice of criminal interrogation, the article shows that around 1800, legal scholars increasingly turned to psychology as a solution to practical problems of criminal justice that had arisen with the abolition of judicial torture. Whereas up to the eighteenth century most German legal scholars had found that their own "experience" sufficed to advise on interrogations, around 1800 they started to point out the necessity of psychological knowledge. Psychology hence became not only a field with specialists, journals, and courses but also a field of knowledge that people turned to to solve problems in wholly different areas.

The Man They Called a Monster: Forty Years On.

In 1981, Cassell Australia published Paul Wilson's monograph, The Man They Called a Monster: Sexual Experiences Between Men and Boys. In his book, Wilson examines the case of Clarence Osborne, an older man who had "sexual relations" with around 2500 boys and adolescents over a twenty-year period. He uses Osborne's life to reflect on broader questions of pedophilia in Australian society. In this commentary, I revisit the book to consider its contemporary legacy 40 years on. According to Google Scholar, at the time of this writing, the book has only 50 citations, yet it is a book that continues to live on in our cultural imaginary for a variety of reasons, and in no small part due to its author, Paul Wilson, and his remarkably similar interaction with the criminal justice system in the decades since its publication. This commentary explores the historical context in which the book was written, pays particular attention to the changing social attitudes towards pedophilia, the recent controversy pertaining to its author, and discourses surrounding the sexual autonomy of minors.

Enquadro e banco dos réus: racismo e sistema de justiça / Arresto y el juicio: el racismo y el sistema de justicia / Stop-and-frisk and dock: racism and justice system

Resumo A partir de reflexões que analisam o racismo como elemento estruturante do Brasil e de algumas teorias criminológicas, buscamos neste artigo analisar de que forma as questões raciais operam no sistema de justiça criminal. Seguimos os rastros de duas decisões jurídicas que, ao sinalizarem que um réu branco "não possui o estereótipo padrão de bandido" (Tribunal de Justiça de São Paulo [TJSP], 2016) e que um réu negro é "seguramente integrante do grupo criminoso, em razão da sua raça" (Tribunal de Justiça do Paraná [TJPR], 2020), apontaram explicitamente o componente racial como critério de diferenciação. A análise desse mecanismo revela um continuum de práticas e equipamentos, como em abordagens policiais e audiências de custódias, que fixam o sujeito negro no lugar de suspeição e perigo.

Resumen A partir de reflexiones que analizan el racismo como elemento estructurante en Brasil y de algunas teorías criminológicas, buscamos en este artículo analizar cómo operan las cuestiones raciales en el sistema de justicia penal. Seguimos el rastro de dos decisiones judiciales que, al señalar que un acusado blanco "no tiene el estereotipo estándar de un criminal" (Tribunal de Justiça de São Paulo [TJSP], 2016) y que un acusado negro es "seguramente miembro del grupo criminal, en razón de su raza" (Tribunal de Justiça do Paraná [TJPR], 2020), señalaron explícitamente el componente racial como criterio de diferenciación. El análisis de este mecanismo revela un continuo de prácticas y equipamientos, como en los acercamientos policiales y audiencias de custodia, que fijan al sujeto negro en el lugar de la sospecha y el peligro.

Abstract Based on reflections that analyze racism as a structuring element in Brazil and on some criminological theories, we seek to analyze how racial issues operate in the criminal justice system. We followed the trail of two legal decisions that, by signaling that a white defendant "does not have the standard stereotype of a criminal" (Tribunal de Justiça de São Paulo [TJSP], 2016) and that a black defendant is "surely a member of the criminal group, because of his race" (Tribunal de Justiça do Paraná [TJPR], 2020) they explicitly pointed to the racial component as a criterion of differentiation. The analysis of this mechanism reveals a continuum of practices and equipment, as in police approaches and custody hearings, which fix the black subject in the place of suspicion and danger.

A criação de institutos disciplinares: uma análise histórica / Creation of juvenile detention facilities: a historical analysis / La creación de institutos disciplinares: un análisis Histórico

Neste estudo objetivamos compreender as origens do Instituto Disciplinar de São Paulo, estabelecimento criado no início do período republicano, que atendia adolescentes ditos "delinquentes". Para isso, analisamos documentos históricos e as obras Classificação dos criminosos: introdução ao estudo do direito penal (1925) e Os menores delinquentes e o seu tratamento no Estado de São Paulo (1909), ambas de autoria de Candido Naziazeno Nogueira da Motta (1870-1942), jurista que apresentou o projeto de criação do primeiro Instituto Disciplinar do estado de São Paulo. Concluímos que a Escola Positiva de Direito Penal, exerceu grande influência na criação de Institutos Disciplinares no Brasil e que a predileção histórica do Estado brasileiro, em geral, pelo isolamento social ou aprisionamento como solução para o problema da delinquência juvenil demonstra que o ideário da higiene social ainda permanece na execução das políticas públicas voltadas aos jovens que atualmente denominamos em conflito com a lei. (AU)

This study aimed to understand the origins of Juvenile Detention Center of São Paulo, establishment created at the beginning of the republican period, which served so-called "delinquent" teenagers. For this, we analyzed historical documents and the works Classificação dos criminosos: introdução ao estudo do direito penal (1925) and Os menores delinquentes e o seu tratamento no Estado de São Paulo (1909), both by Candido Naziazeno Nogueira da Motta (1870-1942), jurist who presented the project to create the first Juvenile Detention Center in the state of São Paulo. We conclude that the Positive School of Criminal Law had a great influence on the creation of Juvenile Detention Centers in Brazil and that the historical predilection of the Brazilian State, in general, for social isolation or imprisonment as a solution to juvenile delinquency demonstrates that the ideal of social hygiene still remains in the execution of public policies aimed at young people that are currently in conflict with the law. (AU)

En este estudio se tuvo por objetivo comprender los orígenes de lo Instituto Disciplinar de São Paulo, establecimiento creado en el inicio del período republicano, que atendía adolescentes dichos "delincuentes". Para eso, analizamos documentos históricos y las obras Classificação dos criminosos: introdução ao estudo do direito penal (Clasificación de los criminales: introducción al estudio del derecho penal ) y Os menores delinquentes e o seu tratamento no Estado de São Paulo (1909), (Los menores delincuentes y su tratamiento en el Estado de São Paulo) (1925) ambas de autoría de Candido Naziazeno Nogueira da Motta (1870-1942), jurista que presentó el proyecto de creación del primer Instituto Disciplinar del estado de São Paulo. Concluimos que la Escola Positiva de Derecho Penal, ejerció gran influencia en la creación de Institutos Disciplinares en Brasil y que la predilección histórica del Estado brasileño, en general, por el aislamiento social o aprisionamiento como solución para el problema de la delincuencia juvenil apunta que el ideario de la higiene social aún permanece en la ejecución de las políticas públicas volcadas a los jóvenes que actualmente se denomina en conflicto con la ley. (AU)

A brief history of the criminalization of mental illness.

This article traces the history of the way in which mental disorders were viewed and treated, from before the birth of Christ to the present day. Special attention is paid to the process of deinstitutionalization in the United States and the failure to create an adequately robust community mental health system to care for the people who, in a previous era, might have experienced lifelong hospitalization. As a result, far too many people with serious mental illnesses are living in jails and prisons that are ill-suited and unprepared to meet their needs.

The origins of criminal law.

Laws against wrongdoing may originate in justice intuitions that are part of universal human nature, according to the adaptationist theory of the origins of criminal law. This theory proposes that laws can be traced to neurocognitive mechanisms and ancestral selection pressures. According to this theory, laypeople can intuitively recreate the laws of familiar and unfamiliar cultures, even when they lack the relevant explicit knowledge. Here, to evaluate this prediction, we conduct experiments with Chinese and Sumerian laws that are millennia old; stimuli that preserve in fossil-like form the legal thinking of ancient lawmakers. We show that laypeople's justice intuitions closely match the logic and content of those archaic laws. We also show covariation across different types of justice intuitions: interpersonal devaluation of offenders, judgements of moral wrongness, mock-legislated punishments and perpetrator shame-suggesting that multiple justice intuitions may be regulated by a common social-evaluative psychology. Although alternative explanations of these findings are possible, we argue that they are consistent with the assumption that the origin of criminal law is a cognitively sophisticated human nature.

La Medicina Legal y el delito de violación en Chile (1875-1922) / No disponible

En el presente artículo estudiamos el viraje interpretativo impulsado por los principales exponentes de la Medicina Legal en Chile, ante la resolución conservadora de las controversias teóricas suscitadas por el llamado «principio de ejecución», relativo al delito de violación, desde su aparición en la primera sistematización penal y hasta las primeras dos décadas del siglo XX. Mediante un análisis de documentos normativos, obras bibliográficas y colecciones de revistas médico-jurídicas especializadas, constatamos cómo el proceso de significación de este «principio», lejos de quedar establecido en 1875, fue elaborado y modificado paulatinamente, gracias sobre todo a la labor desempeñada desde los principales impulsores de la Medicina Legal en el país. Asimismo, con el objetivo de conocer cuál fue la actuación del peritaje médico legal en la comprobación de los delitos de violación y de observar la implementación que el contenido teórico tuvo en la práctica, analizamos cien procesos judiciales por violación, incoados en los tribunales criminales de Santiago y Valparaíso entre 1890 y 1920. Interpretando los discursos médicos y penales considerados como creadores de una realidad concreta, ahondamos en los procesos de alianza e institucionalización médico-jurídica dentro de esta rama del conocimiento y consideramos su implementación material en las labores periciales encargadas por los tribunales criminales, para mostrar, así, cómo estas acciones coadyuvaron a reformular, reconstruir y consolidar una longeva desigualdad penal

No disponible

From disease to criminality ­ changes in how substance dependency is viewed. / Fra sykdom til kriminalitet ­ endringer i synet på rusavhengighet.

BACKGROUND: The policy on drug use is currently undergoing significant change. This article examines how the view of addiction to illegal drugs changed in the first 30 years after the advent of 'the drug problem' in Norway. MATERIAL AND METHOD: We performed a search in Oria, bokhylla.no and various databases on the history of illegal drugs in Norway, with an emphasis on the period from 1960-90, with white papers from 1976 and 1986. RESULTS: Until the mid-1960s, Norway had very few opiate abusers. This generally concerned abuse of medically prescribed drugs, and was perceived as an internal problem for the health services. The youth counterculture in the late 1960s brought the recreational use of illegal substances to Norway, leading to major concern on the part of the public authorities. 'The drug problem' was now perceived as a significant societal problem, with social and societal causal explanations, and was therefore the subject of a white paper (1976). The next white paper (1986) put forward the ideal of a 'drug-free society' for the first time, with the purpose of general deterrence and strict sentencing as important instruments. INTERPRETATION: From the early 1960s until the late 1980s, the 'drug problem' was perceived in different ways. At the start of the period, it was formulated primarily as a medical problem. From the late 1960s, it was seen first and foremost as a social problem caused by changes in society, whereas from the late 1970s until the late 1980s, control measures constituted the most important instrument to address the problem.

Historical and Current Trends in HIV Criminalization in South Carolina: Implications for the Southern HIV Epidemic.

In the 1980s, human immunodeficiency virus (HIV) criminalization laws became widespread across the United States. Today, such laws continue to be used to prosecute people living with HIV for a variety of behaviors though there is limited evidence that doing so curbs HIV transmission. HIV criminalization remains understudied, especially in the Deep South. Therefore, the purpose of this paper was to trace the emergence, maintenance, and enforcement of HIV criminalization laws in South Carolina-a Southern state disproportionately burdened by HIV. Specifically, Nexis Uni and other criminology databases were used to identify HIV-related laws and criminal cases in South Carolina. Results indicate that the state's criminalization laws have remained nearly unchanged for over 30 years and continue to be used to prosecute individuals, a majority of whom are African-American. Findings support the need to reconsider HIV-related laws and devote more efforts to studying the impact of HIV criminalization on the Southern epidemic.

Infanticide and American criminal justice (1980-2018).

Maternal infanticide, or the murder of a child in the first year of life by its mother, is a subject both compelling and repulsive. The victim is innocent, but the perpetrator may be a victim too. In the USA, mentally ill women who commit infanticide may receive long prison sentences or even the death penalty. England, Canada, Australia, and more than 20 European countries have "infanticide laws," which provide more humane treatment and psychiatric care for mentally ill mothers who kill. One of the reasons for the sentences in the USA lies in our archaic insanity defense. In addition, the psychiatric community does not recognize perinatal illness as a formal diagnosis. Furthermore, general forensic psychiatrists who testify in the courtroom have little knowledge of perinatal illness. I suggest that it is time to invite psychiatrists and psychologists as clinicians and scientists to partner with our legal representatives in the courtroom in order to determine laws based on psychiatric facts and not conjecture. The voices of perinatal mental health advocates must continue to be heard in all courtrooms of the USA.

Psychiatrists and the Transformation of Juvenile Justice in Philadelphia, 1965-1972.

In the late 1960s, Philadelphia psychiatrists evaluated every child who interacted with the city's juvenile courts. These evaluations had an important role in determining the placement and treatment of these children, and emphasized the therapeutic nature of the juvenile courts at the time. Relying on extensive case studies compiled by the Philadelphia Department of Public Welfare, this study reconstructs the roles of psychiatrists in the experiences of children interacting with the juvenile justice system, to shed light on a hitherto unknown aspect of these children's care. Gradually, the emphasis in juvenile justice shifted from a therapeutic approach to a more punitive one, from the mid 1970s and onwards. Yet the same structures of juvenile justice which allowed for individual discretion and "tailoring" of interventions to suit the child's perceived needs, rather than to fit the severity of his or her infraction, lost much of their therapeutic rationale. Still, many of these characteristics of the juvenile justice system, and in particular the practice of indeterminate sentencing, remain in place today. Questioning the role of mental health professionals in the creation and perpetuation of this flawed and often unfair infrastructure is an important first step in contemplating reforms.

Understanding and Treating Offenders with Serious Mental Illness in Public Sector Mental Health.

This article begins with the history of the rise and fall of the state hospitals and subsequent criminalization of persons with serious mental illness (SMI). Currently, there is a belief among many that incarceration has not been as successful as hoped in reducing crime and drug use, both for those with and those without SMI. Moreover, overcrowding in correctional facilities has become a serious problem necessitating a solution. Consequently, persons with SMI in the criminal justice system are now being released in large numbers to the community and hopefully treated by public sector mental health. The issues to consider when releasing incarcerated persons with SMI into the community are as follows: diversion and mental health courts; the expectation that the mental health system will assume responsibility; providing asylum and sanctuary; the capabilities, limitations, and realistic treatment goals of community outpatient psychiatric treatment for offenders with SMI; the need for structure; the use of involuntary commitments, including assisted outpatient treatment, conservatorship and guardianship; liaison between treatment and criminal justice personnel; appropriately structured, monitored, and supportive housing; management of violence; and 24-hour structured in-patient care. Copyright © 2017 John Wiley & Sons, Ltd.

A review of the new provisions for sanctioning mentally disordered offenders in China, in a broader historical context.

Reforms of the criminal justice system in China in recent years have included the 2012 Code of Criminal Procedure (CCP), which resulted in new disposals for mentally disordered offenders. From a Western perspective, changes in Chinese criminal law are sometimes clichéd as toothless window dressing, but they may represent a genuine step forward in safeguarding human rights. Taking a historical perspective, this paper reveals that in the East, as much as in the West, there is a 'moral tradition' of not punishing mentally disordered offenders who are not considered responsible for their acts. There are clear differences in disposal for those acquitted having been found 'not guilty by reason of insanity'. Whereas Western jurisdictions have offered (criminal) courts the opportunity for commitment in (forensic) mental hospitals from the early 19th Century, in China, disposal has remained, until the recent changes, the responsibility of the administration (mainly the police) or the family of the offender. A few high profile cases brought to light the inadequacy of these arrangements and the general disregard of obvious mental health issues when sentencing offenders. There was lack of clarity regarding who would take responsibility for treatment and issues of future public protection arising from a mental disorder. The 2012 CCP introduces the power of mental health commitment by the judiciary for those found non-responsible for an offense because of a mental disorder. Similar to provisions in Western jurisdictions there remain human rights concerns regarding aspects of 2012 CCP and the role of 'preventive detention' for mentally disordered offenders on indeterminate secure mental health detention. Nevertheless, the shift to judicial decision making in such cases and the possibility of mental health commitment are welcome steps in improving the human rights of this vulnerable population.

Painful Times: The Emergence and Campaigning of Parents Against Injustice in 1980s Britain.

In July 1985 Steve and Susan Amphlett established Parents Against Injustice (PAIN) to support and represent parents falsely accused of child abuse. The Amphletts ran the organization from their own home, and struggled to gain funding, before closing PAIN in 1999. PAIN was to an extent a reflection of the 'new politics' of identity and lifestyle, concurrent with the rise of New Social Movements, as falsely accused parents utilized communication technologies to make their experiences public, and to contact and support one another. At the same time, PAIN also sought to exert political influence through relatively traditional channels--contributing to public inquiries, encouraging their membership to write letters to Members of Parliament, and shaping media critique. Despite its small size, PAIN was able to act as an intermediary between parents and politicians, social workers, solicitors and physicians. PAIN represented, but also collated and shaped, parents' experiences. The case study of PAIN suggests that small groups have been able to mediate between 'public' and 'experts', effectively working with both groups because of their ability to combine experience and professionalism. These groups have brought experiential knowledge into social policy, and more broadly shifted the roles and responsibilities accorded to children, families and parents.

[Psychiatry and criminology in Criminal Justice: Jury Trial Courts and Appellate Courts in the Federal District of Rio de Janeiro, during the 1930s]. / Psiquiatria e criminologia na Justiça Penal: os Tribunais do Júri e de Apelação do Distrito Federal, década de 1930.

As part of a research study on the 1930s and 1940s medical-criminological debate in Brazil, this research paper analyzes some of the uses and criticisms of arguments of a psychiatric and criminological nature, among certain jurists who carried out important work in the city of Rio de Janeiro during the 1930s. In this context, these magistrates, tended to have significant psychiatric and criminological knowledge, in spite of all the heterogeneity, plurality and differences in perspectives that existed among them. We selected two principal areas to conduct an analysis of the activities of these jurists: the Appellate Court of the Federal District of Rio de Janeiro and Jury Trial Courts.

You can't do that! Hugo Münsterberg and misapplied psychology.

This article examines a false start in the application of psychology to the law. While there had been expert testimony from physicians in criminal and civil cases in America since the nineteenth century, forensic psychology first emerged in the early twentieth century. Following European traditions of experimental psychology, Hugo Münsterberg applied the nascent science of memory research to the assessment of witness credibility. A brilliant and popular Harvard professor, Münsterberg touted his technique of word-association to determine truth. Forensic psychology's development was stalled by resistance from within legal authorities, including John Henry Wigmore, the leading expert on evidence. However, Münsterberg was a sensation in popular media. In this article, the authors examine early attempts to import experimental psychology into the courtroom and the arguments against them. Not only were Münsterberg's findings premature, they touched on a forbidden domain for witnesses: fact finding. While sincere, he learned that the determination of truth lay within the province of juries and judges, not psychologists. Thus, the application of psychology to the law was delayed. The authors review the lessons from Münsterberg's false start and comment on developments in the admissibility of scientific testimony.