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2.
S Afr Med J ; 110(6): 458-460, 2020 04 22.
Artigo em Inglês | MEDLINE | ID: mdl-32880551

RESUMO

In March 2020, two cases of attempted murder were opened against people who had tested positive for COVID-19 and had not remained in quarantine. Criminal law has previously been used to criminalise intentional transmission of HIV in both South Africa (SA) and other countries. However, it has been found that criminalisation laws undermine public health and measures to control outbreaks by stigmatising those infected and deterring testing. This article explores whether SA's existing HIV criminalisation laws can be applied to the transmission of SARS-CoV-2, and the potential effect such measures could have on efforts to control the COVID-19 epidemic.


Assuntos
Infecções por Coronavirus/transmissão , Surtos de Doenças/prevenção & controle , Pneumonia Viral/transmissão , Saúde Pública/legislação & jurisprudência , Quarentena/legislação & jurisprudência , Infecções por Coronavirus/epidemiologia , Infecções por Coronavirus/prevenção & controle , Comportamento Criminoso , Direito Penal/legislação & jurisprudência , Infecções por HIV/transmissão , Humanos , Pandemias/prevenção & controle , Pneumonia Viral/epidemiologia , Pneumonia Viral/prevenção & controle , África do Sul/epidemiologia
3.
J Law Med ; 27(4): 790-806, 2020 Aug.
Artigo em Inglês | MEDLINE | ID: mdl-32880398

RESUMO

Australia's criminal law was affected by the COVID-19 pandemic from the outset and then progressively as statutory measures and judicial rulings on matters such as bail entitlements, judge-alone trials, sentences and applications for demonstrations and public assemblies were made by courts. This column identifies some of the major decisions made during the period of the lockdown measures between March and July 2020, and reviews significant New South Wales judgments in relation to the lawfulness of mass gatherings during the period of lockdown as expert assessments of risks of community transmission of the virus waxed and waned. It explores the importation into Australia's criminal law of public health principles for the protection of the community, and its compatibility with traditional principles of criminal justice.


Assuntos
Infecções por Coronavirus , Direito Penal , Direitos Humanos , Pandemias , Pneumonia Viral , Austrália , Betacoronavirus , Humanos , New South Wales
4.
Crim Behav Ment Health ; 30(5): 268-280, 2020 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-32754973

RESUMO

The United Kingdom (UK) government has commissioned numerous interventions across all stages of the criminal justice pathway for managing offenders likely to have a personality disorder, with the intention to reduce reoffending, improve psychological wellbeing, and develop workforce capabilities. Psychologically Informed Practice (PIP) models underpin these. To evaluate a modified PIP model within the post-imprisonment community stage of the Offender Personality Disorder (OPD) pathway, specifically workforce development, within all London (UK) probation supervised hostels (approved premises), we used both non-equivalent control group and pre-post repeated measure designs to compare changes in staff and offender outcomes before and after introduction of a PIP model across all 12 London approved premises. Findings revealed statistically significant improvements in a number of workforce outcomes (measured using the Personality Disorder - Knowledge, Attitudes and Skills Questionnaire and Maslach Burnout Inventory) which were moderated by age and gender. Data did not support associated improvements in resident offender outcomes (progressive moves, rearrests/reoffences, or breaches leading to recalls). The modified PIP is an effective intervention model for improving some workforce outcomes among probation supervised hostel staff, particularly for women, but our findings suggest that intervention development may be required for significant improvements to be observed in resident offending outcomes. In addition, further research is necessary to determine the longer term effects of PIP on absenteeism, employee turnover, quality of resident-staff interactions, and overall culture change among staff working within the post-imprisonment community stage of the OPD pathway.


Assuntos
Criminosos/psicologia , Transtornos da Personalidade/psicologia , Adulto , Direito Penal , Feminino , Humanos , Londres , Masculino , Reino Unido
7.
Accid Anal Prev ; 144: 105670, 2020 Sep.
Artigo em Inglês | MEDLINE | ID: mdl-32652332

RESUMO

In 2011, a more severe drunk driving law was implemented in China, which criminalized driving under the influence of alcohol for the first time and increased penalties for drunk driving. The present study aimed to assess effectiveness of the drunk driving law in China in reducing traffic crashes, injuries, and mortality. Data used in this study was obtained from the Traffic Management Bureau of the Ministry of Public Security of the People's Republic of China. An interrupted time series analysis was conducted to analyze annual data from 2004 to 2017, including the number of road traffic crashes, deaths, and injuries caused by drunk driving in China. The average annual incidences of crashes, mortality, and injuries have decreased after the promulgation of drunk driving law in 2011. In the post-intervention period, the increased slope for crashes, mortality and injury rates were, respectively, -0.140 to -0.006, -0.052 to -0.005 and -0.150 to -0.008, indicating a weaker downward trend of dependent variables. The more stringent drunk driving law is not as effective as expected. Drunk driving is still a severe traffic safety problem to be addressed in China. Both legislation and other prevention programs should be adopted to reduce road traffic injuries caused by drunk driving in China.


Assuntos
Lesões Acidentais , Acidentes de Trânsito/mortalidade , Acidentes de Trânsito/estatística & dados numéricos , Acidentes de Trânsito/tendências , Dirigir sob a Influência/legislação & jurisprudência , Consumo de Bebidas Alcoólicas/legislação & jurisprudência , China/epidemiologia , Direito Penal , Humanos , Incidência , Análise de Séries Temporais Interrompida
8.
Lancet Psychiatry ; 7(8): 682-691, 2020 08.
Artigo em Inglês | MEDLINE | ID: mdl-32711709

RESUMO

BACKGROUND: Self-harm is a leading cause of morbidity in prisoners. Although a wide range of risk factors for self-harm in prisoners has been identified, the strength and consistency of effect sizes is uncertain. We aimed to synthesise evidence and assess the risk factors associated with self-harm inside prison. METHODS: In this systematic review and meta-analysis, we searched four electronic databases (PubMed, Embase, Web of Science, and PsycINFO) for observational studies on risk factors for self-harm in prisoners published from database inception to Oct 31, 2019, supplemented through correspondence with authors of studies. We included primary studies involving adults sampled from general prison populations who self-harmed in prison and a comparison group without self-harm in prison. We excluded studies with qualitative or ecological designs, those that reported on lifetime measures of self-harm or on selected samples of prisoners, and those with a comparison group that was not appropriate or not based on general prison populations. Data were extracted from the articles and requested from study authors. Our primary outcome was the risk of self-harm for risk factors in prisoners. We pooled effect sizes as odds ratios (OR) using random effects models for each risk factor examined in at least three distinct samples. We assessed study quality on the basis of the Newcastle-Ottawa Scale and examined between-study heterogeneity. The study protocol was registered with PROSPERO, CRD42018087915. FINDINGS: We identified 35 independent studies from 20 countries comprising a total of 663 735 prisoners, of whom 24 978 (3·8%) had self-harmed in prison. Across the 40 risk factors examined, the strongest associations with self-harm in prison were found for suicide-related antecedents, including current or recent suicidal ideation (OR 13·8, 95% CI 8·6-22·1; I2=49%), lifetime history of suicidal ideation (8·9, 6·1-13·0; I2=56%), and previous self-harm (6·6, 5·3-8·3; I2=55%). Any current psychiatric diagnosis was also strongly associated with self-harm (8·1, 7·0-9·4; I2=0%), particularly major depression (9·3, 2·9-29·5; I2=91%) and borderline personality disorder (9·2, 3·7-22·5; I2=81%). Prison-specific environmental risk factors for self-harm included solitary confinement (5·6, 2·7-11·6; I2=98%), disciplinary infractions (3·5, 1·2-9·7; I2=99%), and experiencing sexual or physical victimisation while in prison (3·2, 2·1-4·8; I2=44%). Sociodemographic (OR range 1·5-2·5) and criminological (1·8-2·3) factors were only modestly associated with self-harm in prison. We did not find clear evidence of publication bias. INTERPRETATION: The wide range of risk factors across clinical and custody-related domains underscores the need for a comprehensive, prison-wide approach towards preventing self-harm in prison. This approach should incorporate both population and targeted strategies, with multiagency collaboration between the services for mental health, social care, and criminal justice having a key role. FUNDING: Wellcome Trust.


Assuntos
Prisioneiros/psicologia , Comportamento Autodestrutivo/psicologia , Tentativa de Suicídio/prevenção & controle , Transtorno da Personalidade Borderline/psicologia , Estudos de Casos e Controles , Vítimas de Crime/psicologia , Direito Penal/organização & administração , Transtorno Depressivo Maior/psicologia , Estudos de Avaliação como Assunto , Feminino , Humanos , Masculino , Transtornos Mentais/epidemiologia , Saúde Mental/normas , Estudos Observacionais como Assunto , Prisioneiros/estatística & dados numéricos , Fatores de Risco , Comportamento Autodestrutivo/mortalidade , Ideação Suicida , Tentativa de Suicídio/estatística & dados numéricos
10.
Med Leg J ; 88(2): 57-64, 2020 Jul.
Artigo em Inglês | MEDLINE | ID: mdl-32515258

RESUMO

This is a personal view from London as the Covid-19 pandemic continues to spread here and the situation changes from day to day. As such it can only be a snapshot caught in time; it is not a diary of events. The Coronavirus Act 2020 gives Government enormous powers and was passed by Parliament in one day of debate immediately before it closed early for the Easter break. In March, the government imposed a "lockdown: the closure of all" but "essential" businesses and people other than essential workers must work from home but are allowed out for exercise and food shopping but must maintain 2 m apart, the "social distancing rule". The aim is to suppress the spread of the virus, reduce the death toll and "protect the National Health Service (NHS)" which needed time to empty wards and expand its intensive care unit (ICU) capability to deal with an expected influx of thousands of very sick patients. I discuss whether this strategy is working, how and why it has rapidly been altered to respond to criticism. Why was the Government so slow to seek the help of private laboratories to assist with testing? Why was the personal protective equipment (PPE) guidance altered only after criticism? I look at the impact of the lockdown on the UK economy, the changes to practice of medicine and speeding of scientific research. Cooperating with the lockdown has its price; is it harming the health and mental health of children, people living in households with potentially abusive partners or parents and those who are disabled or financially desperate? Is the cure worse than the disease? The Economy is being devastated by the lockdown and each day of lockdown it is worse. Is litigation being seeded even now by the pandemic? Notwithstanding unprecedented Government financial help many businesses are on the edge of collapse, people will lose their jobs and pensioners income. The winners include pharmacies, supermarkets, online food retailers, Amazon, online apps, providers of video games, services, streaming and scientific research laboratories, manufacturers of testing kits, ventilators, hand sanitisers, coffins, undertakers, etc. The British public is cooperating with lockdown but are we less productive at home? Parents with babies and children often child minders, school, grandparents or paid help which is not now available. Will current reliance on video-conferencing and video calls permanently change the way we work and will we need smaller city offices? Will we travel less? Will medical and legal practice and civil and criminal trials be generally carried out remotely? Will social distancing with self-isolation and job losses and business failures fuel depression? Is Covid-19 comparable to past epidemics like the Plague and Spanish flu?


Assuntos
Betacoronavirus , Infecções por Coronavirus/epidemiologia , Pneumonia Viral/epidemiologia , Ansiedade/epidemiologia , Comércio/legislação & jurisprudência , Controle de Doenças Transmissíveis , Infecções por Coronavirus/transmissão , Direito Penal , Depressão/epidemiologia , Economia , Previsões , Liberdade , Regulamentação Governamental , Habitação/economia , Humanos , Internet , Londres/epidemiologia , Corpo Clínico Hospitalar/provisão & distribução , Recursos Humanos de Enfermagem no Hospital/provisão & distribução , Pandemias , Pânico , Autonomia Pessoal , Pneumonia Viral/transmissão , Administração em Saúde Pública , Quarentena , Instituições Acadêmicas , Políticas de Controle Social , Isolamento Social , Telemedicina , Viagem , Triagem
13.
Curr Psychiatry Rep ; 22(7): 35, 2020 05 28.
Artigo em Inglês | MEDLINE | ID: mdl-32462490

RESUMO

PURPOSE OF REVIEW: This paper explores how motivational interviewing (MI) can be useful to practitioners working with people who have sexually abused. Research has found that the most effective practitioners working with these clients are warm, empathic, rewarding, and directive. Putting these characteristics into practice, however, can be challenging for professionals in treatment settings. Despite a wealth of information regarding MI practice generally, its use with people who have sexually abused has received little attention. RECENT FINDINGS: Motivational interviewing has been found to be effective in helping people change a wide range of problematic behaviors. Although it has been found to assist in treatment engagement with people who have engaged in intimate partner violence, it has not been subjected to rigorous examination in the treatment of sexual aggression. Nonetheless, it has received increasing attention within criminal-justice circles and can help clients of all backgrounds become involved in many of the treatment services available to them. The most effective practitioners working with these clients are warm, empathic, rewarding, and directive. The practice of motivational interviewing can benefit clients directly and can help professionals to develop the characteristics found to work with people who have sexually abused.


Assuntos
Entrevista Motivacional , Transtornos Relacionados ao Uso de Substâncias , Agressão , Direito Penal , Humanos , Comportamento Sexual
15.
Georgian Med News ; (300): 158-162, 2020 Mar.
Artigo em Russo | MEDLINE | ID: mdl-32383721

RESUMO

The aim of this research was to obtain a new scientific result in the form of theoretically substantiated thesis on the effect of mental disorders on criminal responsibility under the legislation of Ukraine and in international criminal law. To achieve this goal and to justify the results obtained, general scientific and special methods were used. The comparative method was used in the process of comparing the legislation of Ukraine with the norms of international criminal law; the logical-legal method was used in the analysis and interpretation of legal norms that envisage the release from criminal responsibility and the application of compulsory medical measures, the sociological method - in the research of criminal proceedings and questioning of investigators. Based on the study, specific proposals have been formulated to improve the norms of criminal and criminal procedural legislation, which envisages the procedure of release from criminal responsibility and the application of compulsory medical measures.


Assuntos
Criminosos , Transtornos Psicóticos , Direito Penal , Direitos Humanos , Humanos , Ucrânia
17.
Crim Behav Ment Health ; 30(2-3): 95-104, 2020 Jun.
Artigo em Inglês | MEDLINE | ID: mdl-32383313

RESUMO

BACKGROUND: Indeterminate sentences for Public Protection (IPPs) were introduced in England and Wales under the Criminal Justice Act 2003 for offenders not eligible for a life sentence but considered to pose a serious risk to the public. In 2012, new IPPs became illegal, in part after the European Court of Human Rights ruled in three cases that failure to make appropriate provision for rehabilitation services while the men were in prison breached their rights under Article 5 of the Convention and thus from arbitrary detention. People already sentenced under this provision, however, remained in the system. Humberside Indeterminate Public Protection Project (HIPPP) supports intensive case management of male IPP offenders still serving this sentence. AIMS: To examine variables associated with pathway outcome among men under IPPs in one English region-Humberside. Our primary hypothesis was that programme engagement in prison would be significantly associated with release. METHODS: The HM Prison and Probation Services National Delius (nDelius) and Offender Assessment System (OASys) were used to identify all men from the region subject to IPPs and beyond tariff (the fixed, punishment part of their sentence) and to retrieve data on the sentence, pathway status and specific risk factors. We used content analysis to identify variables of interest, and logistic regression models to explore associations of variables with different types of pathway outcome. RESULTS: A total of 82 men were identified, 34 of whom had ever been recorded as having been given a diagnosis of anti-social personality disorder (ASPD). Men experiencing relationship difficulties with professionals were significantly more likely to be denied release [Odds Ratio (OR) = 7.75, Confidence Interval (CI) 2.08-28.57], have a deferred parole (OR = 7.81, CI 1.59-38.46) or be awaiting parole (OR = 4.46, CI 1.09-18.18) compared with men released to the community or serving in an open prison. Completion of programmes was not associated with pathway outcome. A modest association between diagnosis of anti-social personality disorder and pathway outcome association was confounded by other variables. CONCLUSIONS AND IMPLICATIONS FOR PRACTICE: While programme completion did not have the expected association with release, relational difficulties with professionals proved significant barriers to release. This suggests that ambitions for the Offender Personality Disorder (OPD) pathway in supporting professionals to develop collaborative relationships with offenders are well founded. Part of this approach lies in sophisticated, psychologically informed case formulations which may help to discriminate between risk factors and personality disorder traits which have social rather than risk implications.


Assuntos
Transtorno da Personalidade Antissocial/psicologia , Direito Penal , Criminosos , Direitos Humanos , Prisioneiros , Adulto , Inglaterra , Humanos , Masculino , Pessoa de Meia-Idade , Transtornos da Personalidade , Prisões , Estudos Retrospectivos , País de Gales
18.
Behav Sci Law ; 38(3): 226-245, 2020 May.
Artigo em Inglês | MEDLINE | ID: mdl-32314380

RESUMO

Risk assessment tools driven by algorithms offer promising advantages in predicting the recidivism risk of defendants. Jurisdictions are increasingly relying upon risk tool outcomes to help judges at sentencing with their decisions on whether to incarcerate or whether to use community-based sanctions. Yet as sentencing has significant consequences for public safety and individual rights, care must be taken that the tools relied upon are appropriate for the task. Judges are encouraged to act as gatekeepers to evaluate whether the forensic risk assessment tool offered has a sufficient level of validity in that it is fit for the purposes of sentencing, provides an acceptable level of accuracy in its predictions, and achieves an adequate standard of reliability with regard to its outcomes.


Assuntos
Direito Penal , Tomada de Decisões , Reincidência , Humanos , Aplicação da Lei , Reprodutibilidade dos Testes , Medição de Risco
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