184 resultados para Criminal liability - Psychological aspects

em Deakin Research Online - Australia


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In recent times there have been claims that the sentencing of serious juvenile offenders does not reflect community sentiment and legal policies are based on outdated ideas about adolescent development. The findings of this thesis call into question the suggestions that the law's assumptions about the development of competence is out of step with community attitudes and developmental research. The professional portfolio examines several hypotheses that have been generated to explain why disabled individuals engage in sexually inappropriate behaviour. It also highlights the importance of exploring the aetiology of this behaviour. Four case reports are presented.

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This qualitative study investigated personal and psychological aspects of big wave riders. A cross-sectional design with non probability purposive sampling was used to gain personal interviews with 32 elite surfers who regularly ride big, life threatening waves. Each athlete was asked three open questions: 1. What do you think are the most important qualities and attributes a surfer needs for riding big waves? 2. What type of mindset is best for riding big waves?, and 3.What motivates you to ride big waves? Content analysis of the taped interview transcripts revealed seven key qualities and attributes including having a thrill seeking, confident and goal oriented personality, a high level of mental strength and control, and an intimate relationship with the ocean. The best mindset included an individually defined arousal level, a committed attitude, and a simple, yet highly aware, focus. Motivations were primarily intrinsic, though drives indicative of a behavioral addiction to the act of riding big waves also emerged. Evidence of common developmental stages for riding big waves also arose from the interviews. Optimal mental approach and preparation techniques are discussed that will enable big wave riders, and other extreme athletes, to more safely and successfully manage extreme situations.

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Understanding influences on children's physical activity and how these vary by activity and subgroup, such as age and sex of the child, is important for informing the development of effective and targeted interventions. Two cohort studies were conducted across socioeconomic areas of Melbourne, Australia, between 2001 and 2008 among a combined sample of more than 2,700 children aged 5-6 years and 10-12 years at baseline. Data were collected via surveys, and children wore the Actigraph accelerometer for 8 days. Five individual, 10 social, and 17 physical environmental factors were significantly associated with children's physical activity. Patterns of association varied according to the age and sex of the child and also according to the type of activity. These studies provide some insights into the various levels of influence on children's physical activity. More longitudinal and intervention research is needed to better understand the mechanisms of change in children's physical activity behaviour.

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Background Successful management of diabetes requires attention to the behavioural, psychological and social aspects of this progressive condition. The Diabetes MILES (Management and Impact for Long-term Empowerment and Success) Study is an international collaborative. Diabetes MILES-Australia, the first Diabetes MILES initiative to be undertaken, was a national survey of adults living with type 1 or type 2 diabetes in Australia. The aim of this study was to gather data that will provide insights into how Australians manage their diabetes, the support they receive and the impact of diabetes on their lives, as well as to use the data to validate new diabetes outcome measures.

Methods The survey was designed to include a core set of self-report measures, as well as modules specific to diabetes type or management regimens. Other measures or items were included in only half of the surveys. Cognitive debriefing interviews with 20 participants ensured the survey content was relevant and easily understood. In July 2011, the survey was posted to 15,000 adults (aged 18-70 years) with type 1 or type 2 diabetes selected randomly from the National Diabetes Services Scheme (NDSS) database. An online version of the survey was advertised nationally. A total of 3,338 eligible Australians took part; most (70.4%) completed the postal survey. Respondents of both diabetes types and genders, and of all ages, were adequately represented in both the postal and online survey sub-samples. More people with type 2 diabetes than type 1 diabetes took part in Diabetes MILES-Australia (58.8% versus 41.2%). Most respondents spoke English as their main language, were married/in a de facto relationship, had at least a high school education, were occupied in paid work, had an annual household income > $AUS40,000, and lived in metropolitan areas.

Discussion A potential limitation of the study is the under-representation of respondents from culturally and linguistically diverse backgrounds (including Aboriginal and Torres Strait Islander origin). Diabetes MILES-Australia represents a major achievement in the study of diabetes in Australia, where for the first time, the focus is on psychosocial and behavioural aspects of this condition at a national level.

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In a 2001 Issues Paper entitled 'Sentencing: Corporate Offenders', the New South Wales Law Reform Commission outlined a number of reasons for not ascribing liability to individuals within a corporation for unlawful acts arising from the operation of the corporation. One of the reasons raised in the Issues Paper, a reason traditionally used to avoid liability being imposed on individuals for corporate crimes, is that it is conceptually difficult to look behind the form to the substance of a corporate crime in order to establish liability for individual acts, when on the surface the unlawful conduct was caused by a corporation as a collective body. In this article, the authors challenge this position by suggesting that the doctrine of complicity can be used to [*2] pierce the corporate veil and direct criminal liability to those individuals who control the actions of the company. This proposition that company officers can be found liable pursuant to the principles regarding accessorial responsibility is not novel. However, what is unusual is the infrequency with which this wide ranging doctrine is applied in the corporate setting. The focus of this article is to underline the relevance of this doctrine to corporate offenders and, in the process, to assert that the problems of punishing corporate offenders are in principle no different to punishing other crimes which are committed by more than the one offender and can be addressed by the proper application of existing legal principles.

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I. The Evolution of International Criminal Law International criminal justice concerns breaches of international rules entailing the personal criminal liability of individuals (as opposed to the State for which the individuals may act as agents or organs), and presently includes acts such as genocide, torture, crimes against humanity, aggression and terrorism. ... A rule stating: any act of armed conflict which directly causes the death of a civilian is a war crime unless it can be shown that the military advantage gained by the attack outweighs the harm. ... Thus, so far as international criminal law is concerned any act during armed conflict which results in the death or injury to a person who does not pose a direct threat to the life of the accused should be a war crime. ... Pursuant to the Rome Statute and as a matter of customary international law torture is a war crime when performed in the context of an armed conflict, and a crime against humanity when it is part of systematic criminal conduct. ... Torture can also constitute an individual international crime, even where it does not satisfy the criteria of a war crime or crime against humanity. ...

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This thesis concerns the psychological contracts of employees. A psychological contract is an employee’s perception that: 1) an employer has certain obligations to them, and 2) in return, they have obligations as employees. A psychological contract is therefore a set of subjectively perceived reciprocal obligations. The psychological foundations of this construct are linked with cognitive schemas and social exchange theories. While the concept of psychological contracts was first proposed in the early 1960s, it has only been operationalised for empirical study in the last decade. The purpose of the thesis was to increase the understanding of the content and structure of employee psychological contracts and their links with career cognitions. The specific aims of the thesis were to: 1) examine the relational-transactional dimensions of psychological contracts, 2) develop a comprehensive set of workplace obligations for use with employees, 3) consider alternative dimensions of employee psychological contracts, 4) demonstrate reciprocity between obligations, and 5) determine whether psychological contracts directly affect career cognitions. The thesis contains four quantitative studies. Data were collected using self-report questionnaires that contained both established and new measures. Most participants were employees from a large insurance company, government vocational services or educational institutions. The analyses included canonical correlation, factor analysis, development of measurement models and structural analysis. The findings did not strongly support a distinction between relational and transactional obligations. Instead, a five-factor model of psychological contracts emerged from an expanded set of workplace obligations when it was used with two separate employee samples. This model demonstrated reciprocal relationships between the dimensions of employee and employer obligations. It was also found that alternative dimensions of the psychological contract have a direct influence on organisational commitment and career satisfaction. The thesis supports several general conclusions about the nature of employee psychological contracts, appropriate measures and future research. General workplace obligations that apply across different workplaces can be found, and these should continue to be refined. Such workplace obligations group in meaningful ways, and they can be usefully studied in terms of employer support and employee attitudes to work, rather than in terms of relational and transactional dimensions. Furthermore, this thesis shows that reciprocity in psychological contracts can be demonstrated by correlations between dimensions of employee and employer obligations. The measure used for studying reciprocity was new, and it requires further work. However, this measure is as reliable and valid as any currently available. Measurement is the single most urgent issue facing researchers. Finally, this thesis provides sufficient empirical evidence to support the claim that psychological contracts are an important variable for the understanding of careers.

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Aims to identify and describe the psychological experiences of breast and prostate cancer patients and their partners, in terms of adjustment, coping and support issues.

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Psychological contracts were applied to occupational safety. A psychological contract of safety measure was developed and validated, and a model of safety developed to investigate breach and fulfilment of the psychological contract of safety. Findings suggest that the psychological contract of safety impacts safety attitudes and safety behaviour.

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This thesis examined the over-representation of step-parents as perpetrators of child physical abuse. Results suggested a number of differences between step- and biological parents in attachment, information-processing, and disciplinary practices. Results were used to formulate a model of step-parental abuse, which has potential implications for the prevention of child physical abuse. The professional portfolio presents four cases from forensic practice in which predictions about further criminal behaviour are made. These cases are then used to discuss several practical questions that may be posed by psychologists who are considering which approach (clinical or actuarial) to use.

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The thesis's study evaluated the effect that the admission of an accused's prior criminal behaviour had on mock jurors' verdict decisions. The findings indicated that exposing participants to evidence about any previous offence biases the decision. Further, the greater the similarity of the previous offence with the present charge, the more likely the accused was found guilty. The clinical portfolio seeks to demonstrate through the presentation of four case studies, the various pathways (or offence trajectories) contained within the Pathways Model that may lead an adult male to sexually offend against a child.