论西夏的司法制度

西夏的行政、军事机关,一般都兼有案件审判和督察复核职责。司法诉讼主要为刑事诉讼,即使民事案件,也是用刑事判断。对人犯的逮捕只需长官的指令,而不履行法律手续。法律上只有对逮捕人的督察,防其奸伪、贪纵、暴掠以及无故杀伤人犯,人犯拒捕反抗格杀勿论。     

Randomization tests in recursive response-adaptive randomization procedures

In a randomized clinical trial, response-adaptive randomization procedures use the information gathered, including the previous patients' responses, to allocate the next patient. In this setting, we consider randomization-based inference. We provide an algorithm to obtain exact p-values for statistical tests that compare two treatments with dichotomous responses. This algorithm can be applied to a family of response adaptive randomization procedures which share the following property: the distribution of the allocation rule depends only on the imbalance between treatments and on the imbalance between successes for treatments 1 and 2 in the previous step. This family includes some outstanding response adaptive randomization procedures. We study a randomization test to contrast the null hypothesis of equivalence of treatments and we show that this test has a similar performance to that of its parametric counterpart. Besides, we study the effect of a covariate in the inferential process. First, we obtain a parametric test, constructed assuming a logit model which relates responses to treatments and covariate levels, and we give conditions that guarantee its asymptotic normality. Finally, we show that the randomization test, which is free of model specification, performs as well as the parametric test that takes the covariate into account.     

论审判对象的变更及其控制

在强调诉审分离的近现代诉讼构造下,无论法官还是控诉方,其权力均被设定了合理的界限与范围,体现一种分权制衡的机理,显示一种对被告人防御权利的保障的理路。审判对象发生合理的变更,主要基于两种理路,一是“起诉变更主义”,二是“审判对象狭义论”,进而表现为内容、性质及方式上若干类型的变更。面对审判对象变更,利益受影响最大者是被告人,故而要将审判对象变更控制在合理限度内与正当程序中,有效防范突袭性审判的发生。我国现行审判对象变更实践缺乏合理的控制机制,并常常表现为法院与检察院的一种“沟通”,当务之急是要完善审判对象变更程序,对审判对象变更实行正当性控制。     

Estimating the effectiveness of a misdemeanor drug diversion program using propensity score matching and survival analyses

This study analyzes three years of data on misdemeanor drug offenders in Winnebago County, Wisconsin. A portion of these offenders opted into a Misdemeanor Drug Diversion Program (MDDP) offered instead of traditional adjudication. Recidivism in the treatment and comparison groups is estimated using standard binary response techniques augmented with propensity score matching to address selection bias. Results show that the MDDP reduces the probability of re-offense by 16%, after adjusting for possible selection bias. Cox proportional hazard modeling is also used to assess time-to-re-offense differentials between the treatment and comparison groups. The survival analysis indicates that the hazard rate of re-offense is 60% lower per day among those treated with the MDDP program than those who did not complete the program. The average number of days to re-offense among those that do re-offend is 297 days in the treatment group and 203 days in the comparison group.     

刑事诉讼法修正后毒品犯罪案件证据制度的完善

由于毒品犯罪案件有其特殊性,其证据的取得、认定、运用等多方面存在诸多困难。新颁布的《刑事诉讼法修正案》增加了电子证据种类,肯定了"控制下交付"的侦查措施,明确了证人出庭保护等制度,为今后查办和认定毒品犯罪案件提供新的保障,当然也提出了新问题。     

Perceptions of Benzodiazepine Dependence Among Women Age 65 and Older

A phenomenological study explored whether older women who are chronic benzodiazepine users identified themselves as dependent, how dependence was perceived, and how meanings and understandings shaped experiences of benzodiazepine use. Self-reported benzodiazepine dependence was associated with being unable to reduce use or a desire to discontinue use and reliance on benzodiazepines to remain comfortable and able to handle daily life. Themes included: (a) benzodiazepine dependence is similar to dependence to diabetes or blood pressure medications; (b) dependence is distinctive from addiction/abuse; (c) addiction/abuse is perceived as worse than dependence; and (d) concerns of addiction/abuse result in low-dose benzodiazepine use.     

协动主义下的审理契约论

与诉讼契约有所不同,审理契约之主体范围突破了双方当事人的限制,涵盖了法院。于审理构造而言,审理契约最为重要的就是两造与法官所达成的关于审理计划和争点决定的合意。就诉讼契约的成立与撤回要件、形式、内容及效果等也因种类不同而各异。在协动主义的审理模式下,认可审理契约不仅有助于实现口头辩论的集中化,而且有助于提高审理的计划性,促进审理的高效运营。     

The Effects of a Computer Network on Pediatric Pain and Anxiety

SUMMARY

The objective of this study was to test the impact of an enhanced version of STARBRIGHT World (SBW2)-a private computer network for hospitalized children. The impact of SBW2 was assessed with a series of 44 replicated single system designs. Utilizing an ecological momentary assessment approach, self-reports were obtained regarding children's perceptions of their pain intensity, pain aversive-ness and anxiety. The results from the single system designs were aggregated using meta-analysis. Children experienced significantly less pain intensity, pain aversiveness, and anxiety in the SBW2 condition. These findings provide evidence regarding the effectiveness of SBW2 and demonstrate the utility of employing meta-analysis with single system designs.     

Web-Enhanced Preservice Training for Prospective Resource Parents: A Randomized Trial of Effectiveness and User Satisfaction

ABSTRACT

Traditionally, prospective resource parents must attend all preservice training in person. Although live sessions are necessary for screening applicants, instructional portions of training could be enhanced by Web-based sessions. This pilot study compares the effectiveness of online and classroom versions of one session from a widely used preservice training program. Ninety-two individuals enrolled in the program in two states were randomly assigned to a treatment group that viewed an online version of the class on child abuse and neglect or to a comparison group that took the same class in person. Written questionnaires were completed before and after the class. Significant group differences on knowledge of child maltreatment and empathy toward birth parents plus high user satisfaction were hypothesized. Analysis of covariance results showed the online training was more effective than the live training at increasing knowledge. Multivariate analysis of covariance findings on empathy were not significant but trended toward greater empathy for the online group. Feedback indicated high satisfaction with the online course. The finding that online instruction is more effective than live instruction has positive implications for practice, because Web-based training offers advantages like standardizing instruction, cutting agency and trainee costs, and providing greater flexibility.     

Counselor Trainees' Assessment and Diagnosis of Lesbian Clients with Dysthymic Disorder

SUMMARY

Graduate-level counselor trainees completed an Assessment and Diagnostic Inventory consisting of clinical vignettes and a series of questions pertaining to conceptualization of client problem, diagnosis, and assessment of overall level of psychopathology.We hypothesized that participants would assign different diagnoses to clients with lesbian versus heterosexual sexual orientation. Participants responded to vignettes in which clients were identified as either a lesbian or a heterosexual female, with all other content identical. Participants were significantly more likely to perceive lesbian clients' problems to be related to sexual orientation for the vignette corresponding to dysthymic disorder. However, they were not more likely to assign personality disorder diagnoses, nor did they attribute a greater degree of psychopathology to lesbian clients with dysthymic disorder.