Sticks, Stones and Words: Emotional Harm and the English Criminal Law

This article discusses the rule that criminal liability does not normally attach for the causing of emotional harm or mental distress in the absence of proof of a 'recognised psychiatric injury'. It considers what is involved in the diagnosis of psychiatric injury, and to what extent the difference between such injury and 'ordinary' mental distress is one of degree rather than one of kind. It reviews the situations in which the law already criminalises the infliction of emotional harm without proof of psychiatric injury, and assesses the policy arguments for drawing the distinction in the normal case. The article concludes that the law can and should adopt a more flexible approach to cases of this sort.

Motivation and psychological need salience in the experiences of initiating and maintaining exercise as an older female adult

Objectives: The primary objective ofthis study was to explore motivation and psychological need salience in the initiatory and maintenance experiences of older female exercIsers. Methods: Female initiates (n = 3) and reflective maintainers (n = 3) 65 years of age or older (M = 76 years; SD = 5.37) participated in semi-structured interviews. Data were analyzed holistically and categorically, following a hermeneutic approach to inquiry. Results: Perceived importance of exercise benefits appeared to be the strongest motive for initiates at this stage of life and connections to others were perceived as valued, but less important in exercise contexts. Also, listening to one's body over instructions from the exercise leader emerged as a key factor to success. Conclusions: Overall, the results ofthis study implicate more self-determined than controlled motives as sources of regulation in older females' exercise initiation experiences. Evidence for psychological needs was more heterogeneous and less conclusive.

Canadian curling coaches' use of psychological skills training

Hom's (2008) model of coaching effectiveness proposes a series of direct relationships between the beliefs and values of coaches, their behaviours, and the perceptions of their athletes. One specific area of coaching behaviour that is in need of more research is their use of psychological skills training (PSn. The purpose of this study was to examine the relationship between the beliefs and behaviours of curling coaches with respect to PST, and the perceptions of their athletes. In collaboration with the Canadian Curling Association, data was collected from a national sample of 115 curling teams with varying levels of competition and experience. One hundred and fifteen coaches completed PST attitude (SPA-RC-revised) and behaviour (MSQ-revised) measures, while 403 athletes completed two perception measures (CCS and S-CI). Interclass correlation coefficients (ICC) were calculated to ensure intra-team consistency. All ICCs were positive, ranging from r =.39 to .56, and significant at the p < .01 level. A series of multiple regressions were performed. Three of the four regression models were significant, with coaches' PST behaviours accounting for 16% of the variance in athletes' evaluation of their coaches' competencies (GeC). The models for athletes' PhysicalSport Confidence (P-SC) and Cognitive-Sport Confidence (C-SC) accounted for 15% and 36% of the variation, with GCC and coaches' PST behaviours both being significant predictors of the models. After statistically controlling the influence of GCC, coaches' PST behaviours accounted for 3% and 26% of the variation in athletes P-SC and C-SC. These results provide partial support for Hom's (2008) model of coaching effectiveness, and offer new insight into the benefits of coaches' use of sport psychology-related training behaviours.

Leisure-time physical activity in individuals with osteoporosis : associations with psychological well-being

With approximately 16% of the Canadian population living with osteoporosis, and rates expected to increase (Osteoporosis Canada, 2009), cost-effective treatment modalities that improve bone health and psychological well-being reflect an important public health agenda. Physical activity has been implicated as one non-pharmaceutical mechanism to help improve psychological well-being in the general population (Fox, Stathi, McKenna, & Davis, 2007) and in people diagnosed with osteoporosis (Osteoporosis Canada, 2007). The purpose of this investigation was to determine the association between leisure-time physical activity (LTP A) and well-being in people diagnosed with osteoporosis. A secondary purpose, using Basic Needs Theory (BNT; Deci & Ryan, 2002) was to determine if the fulfillment of three psychological needs (i.e., competence, autonomy and relatedness) mediated the relationship between LTP A and well-being. People diagnosed with osteoporosis (N= 190; Mage = 68.14; SDage = 11.54) were asked to complete a battery of questionnaires assessing L TP A, hedonic and eudaimonic well-being and perceived psychological need satisfaction in physical activity contexts. Bivariate correlations revealed a pattern of negligible (r's -0.02 to 0.35) to small correlations between LTP A and well-being with contextual positive affect (r = 0.24) and subjective vitality (r = 0.22) demonstrating statistical significance (p < .01). Results of the multiple mediation analysis indicated that perceived satisfaction of the three psychological needs mediated the relationship between LTPA and well-being with perceived competence emerging as a unique mediator. As such, LTP A was positively associated with well-being in people who are diagnosed with osteoporosis, and the fulfillment of the three psychological needs may be the mechanism through which this 111 effect is carried. Health promotion specialists and practitioners should encourage patients with osteoporosis to engage in LTP A, and support their needs for competence, autonomy and relatedness. Practical implications for researchers and health promotion specialists are discussed in terms ofthe results of this investigation.

A phenomenological approach to understanding the psychological response to chronic low back pain

Chronic low back pain (CLBP) is a complex health problem of psychological manifestations not fully understood. Using interpretive phenomenological analysis, 11 semi-structured interviews were conducted to help understand the meaning of the lived experience of CLBP; focusing on the psychological response to pain and the role of depression, catastrophizing, fear-avoidance behavior, anxiety and somatization. Participants characterized CLBP as persistent tolerable low back pain (TLBP) interrupted by periods of intolerable low back pain (ILBP). ILBP contributed to recurring bouts of helplessness, depression, frustration with the medical system and increased fear based on the perceived consequences of anticipated recurrences, all of which were mediated by the uncertainty of such pain. During times of TLBP all participants pursued a permanent pain consciousness as they felt susceptible to experience a recurrence. As CLBP progressed, participants felt they were living with a weakness, became isolated from those without CLBP and integrated pain into their self-concept.

Proceso penal de menores: especialidades derivadas del interés de los menores y opciones de política criminal

El presente trabajo se concibió con la vocación de devenir una aportación al estudio del proceso penal de menores. Por ello, originariamente, se planteó como un análisis de todas y cada una de las fases de dicho proceso. Sin embargo, rápidamente este objetivo se demostró inalcanzable por cuanto, de una primera aproximación a los preceptos de la norma, se aprecia que en la misma, se contiene «algo más» que algunas especialidades o especificidades con respecto a los procesos penales de adultos. Como premisa de partida, cabe considerar que el proceso diseñado por la L.O. 5/2000, al estar concebido exclusivamente para el enjuiciamiento de las conductas delictivas presuntamente cometidas por menores de edad, puede incardinarse en la categoría de los procesos especiales. Esta constatación, sin embargo, no era suficiente, a nuestro juicio, para justificar un proceso en el que aparecían figuras e instituciones procesales hasta el momento inéditas en el ordenamiento jurídico español. Por ello el planteamiento inicial al que se aludía fue sustancialmente modificado, sin que a la postre, ello haya supuesto una alteración sustancial del objetivo primigenio. El trabajo de investigación se inicia con un interrogante, que podría formularse como sigue: Aceptando que la edad es el elemento determinante de la existencia de una rama del derecho penal específicamente dedicada a los menores, ¿hasta qué punto dicho elemento condiciona la acción del legislador en el sentido de establecer un cuerpo normativo significativamente diferenciado del previsto para los adultos?

Criminal responsibility based on complicity among corporate officers

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.

In search of coherent jurisprudence for international criminal law : correlating universal human responsibilities with universal human rights

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. ...

Employee psychological contracts

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.

Psychological impact of breast and prostate cancer on patients and partners

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.

Application of the psychological contract to occupational safety

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.

Child-related information processing in step-parents : investigating the Cinderella effect

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.

The impact of propensity evidence on juror decisions

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.

Psychological impact of DAFNE training in adults with Type 1 diabetes

This thesis investigated the psychological impact of an education intervention, Dose Adjustment for Normal Eating (DAFNE), in adults with type 1 diabetes. The results demonstrated that the education programme improved participants' subjective wellbeing, self-efficacy and reduced diabetes-related distress compared to a comparison group that engaged in usual care. The portfolio examined the use of mindfulness-based strategies, in particular Acceptance and Commitment Therapy (ACT) in four case studies which illustrated that the impact of the therapy is directly related to the the willingness of the client to engage in the practices.