講員介紹




Professor Dr Michael Louis Perlin 為哥倫比亞大學(Columbia University)法學博士,1969 年起取得美國紐澤西州律師資格(該州州立法庭與該州聯邦法庭),1980 年起取得美國最高法院律師資格,1981 年起取得美國第三巡迴法庭高等法院律師資格,1985 年取得紐約州律師資格,1987 年取得美國第五巡迴法庭高等法院律師資格, 1987 年取得紐約南區與東區區律師資格,1987年又取得了美國第二巡迴法庭高等法院律師資格。Perlin教授從1984 年開始執教於紐約法學院(New York Law School),主要的教學、研究主題包括民事訴訟法、刑事訴訟法、司法醫學、司法醫學政策與執行、精神障礙者與刑事法等,其中不但致力於精神障礙犯罪人 法律議題的研究,更是倡議精神障礙犯罪人在刑事司法體系中之人權與司法權,他曾經受邀至世界各大學擔任講座,包括澳洲蒙那許大學(Monash University)、以色列海法大學(University of Haifa)、耶路撒冷希伯來大學(Hebrew University) 、瑞典語圖爾庫大學(University of Turku)、歐洲大學(European University)等。除了學術研究與講座外,Professor Perlin 也為實務單位擔任培訓課程講座,他曾經受邀至匈牙利,愛沙尼亞,拉脫維亞,波蘭,保加利亞,烏拉圭、尼加拉瓜、哥斯大黎加、希臘、捷克、甚至台灣等國進行 司法機構人才進修培訓課程講座,享有國際公認精神障礙者法案專家美名。Professor Perlin 出版了十餘本專書,1980 年的IMPACT OF RECENT MENTAL DISABILITY LITIGATION,一直到2011 年的INTERNATIONAL HUMAN RIGHTS AND MENTAL DISABILITY LAW: WHEN THE SILENCED ARE HEARD。書中重點均希望世人能瞭解精神障礙者與心理疾患犯罪人,倡導其需受到合理的對待並給予公平的司法人權。除此之外, 2009 年開始,Professor Perlin 與日本、澳大利亞和太平洋沿岸地區各國的關心精神障礙犯罪人人權倡導者,創造一個亞洲 /環太洋洲精神障礙犯罪人人權法庭。
 
An internationally-recognized expert on mental disability law, Michael L. Perlin has devoted his career to championing legal rights for people with mental disabilities. A prolific author of 23 books and nearly 250 scholarly articles on all aspects of mental disability law, Professor Perlin says that his ninth book, THE HIDDEN PREJUDICE: MENTAL DISABILITY ON TRIAL (American Psychological Association Press, 2000), “reflects the essence of the work he has done throughout his career.” The book is an attempt to educate society about how the fear of persons with mental illness creates a hidden bias against them that prevents equal justice, a form of discrimination he calls “sanism.”

In his book and his other work, he speaks out against “sanism,” which he defines as “the irrational prejudice that causes, and is reflected in, prevailing social attitudes toward persons with mental disabilities.”  Prof. Perlin’s 2011 book, INTERNATIONAL HUMAN RIGHTS AND MENTAL DISABILITY LAW : WHEN THE SILENCED ARE HEARD (Oxford University Press), explores how the virulence of sanism is an international phenomenon. In a book he published in early 2013, MENTAL DISABILITY AND THE DEATH PENALTY: THE SHAME OF THE STATES (Rowman & Littlefield Publishers), he examines its impact on death penalty decision making.  In a book to be published this Summer, A PRESCRIPTION FOR DIGNITY: RETHINKING CRIMINAL JUSTICE AND MENTAL DISABILITY LAW (Ashgate Press), he seeks to place dignity at the core of the criminal justice system, especially in those cases that involve defendants with mental disabilities. A teacher-lawyer-advocate who advises mental health professionals, hospitals, advocates, activists, lawyers, and governments, Professor Perlin has worked directly on mental disability cases as a deputy public defender and as director of the Division of Mental Health Advocacy in the New Jersey Department of the Public Advocate, at all levels of the judicial system from the police court to the Supreme Court of the United States. He has witnessed the complexities and frustrations facing both judges and attorneys with such cases.

Professor Perlin travels around the globe to speak out about the legal rights of people with mental disabilities. In conjunction with  Disability Rights International, a U.S.-based human rights advocacy organization, he has presented mental disability training workshops in Hungary, Estonia, Latvia, Poland, Bulgaria, and Uruguay. As part of his work with the Justice Action Center, he is working with advocates from Japan, Australia and the Pacific Rim to create the Disability Rights Tribunal for Asia and the Pacific, a topic that he discusses at length in a recent article, Promoting Social Change in Asia and the Pacific: The Need for a Disability Rights Tribunal to Give Life to the UN Convention on the Rights of Persons with Disabilities, 44 GEO. WASH. INT’L L. REV. 1 (2012). He has done extensive work in China with the American Bar Association’s Rule of Law—Asia office where he has conducted “Training the Trainers” workshops in Xi’an, China to teach experienced death penalty defense lawyers how to train inexperienced lawyers, employing the online distance learning methodologies used in the NYLS online program. As a Fulbright Senior Specialist, he has taught International Human Rights and Mental Disability Law to the Global Law Program at the University of Haifa in Israel and has advised the the disability rights clinic and lectured extensively on comparative law, mental disability law and criminal procedure at the  the Islamic University of Indonesia in Yogyakarta.

In 2002, he helped organize a symposium at New York Law School on “International Human Rights Law and the Institutional Treatment of Persons with Mental Disabilities: The Case of Hungary.” It was the first such U.S. gathering, bringing together prominent activists, advocates, and attorneys to look at the application of international human rights law to improve the treatment of people with mental disabilities. Nine years before that, he hosted the first law school-based symposium ever held on Therapeutic Jurisprudence.

His multivolume treatise, Mental Disability Law: Civil and Criminal (Lexis Law Publishing, 1998–2003), which was first published in 1989 by Michie, won the 1990 Walter Jeffords Writing Prize; the five-volume second edition of that treatise won the 1990 Otto Walter Writing Award in 2003, and is the indispensable authority for legal practitioners. A seven-volume third edition — to be co-authored with NYLS Adjunct Prof. Heather Ellis Cucolo — is currently in preparation. Another book, THE JURISPRUDENCE OF THE INSANITY DEFENSE (Carolina Academic Press, 1994), won the Manfred Guttmacher Award of the American Psychiatric Association and the American Academy of Psychiatry and Law as the best book of the year in law and forensic psychiatry in 1994–95. He was given the American Academy of Psychiatry and Law’s Amicus Award in 1998, and the Lifetime Achievement Award by the Human Dignity and Humiliation Studies Network in 2012. The same year, he was awarded an honorary Doctorate of Letters by John Jay College of Criminal Justice. In the summer 2013, he will receive the first Bruce Winick Award, given by the International Academy of Law and Mental Health (on whose board of directors he sat for twenty years).

Since he joined the faculty in 1984, Professor Perlin has helped build the course offering in his legal specialty at New York Law School to such an extent that it now leads the nation in mental disability law curricula. He created and teaches the first online courses on mental disability law, offered to students here, at other U.S.-based law schools, as well as in Japan and in Nicaragua. He has also taught sections of these courses in Israel and in Finland, and has taught portions of them in Sweden, Taiwan and Indonesia. There are currently thirteen courses in the online program. He also was instrumental in the creation of the new online Masters of Arts program in mental disability law studies that NYLS launched in January 2009.

Professor Perlin has many other passions outside the law, including the clarinet, fishing, and the music of Bob Dylan.



新增說明文字
 David Carruthers法官係律師背景出身,曾任紐西蘭少年法庭、家事法庭、地區法庭法官,2005年起擔任全國假釋委員會主席,現負責警察風紀事務,其為推動該國修復式正義司法改革工作的先驅,並曾多次赴國外講習,交流紐西蘭修復式司法成功經驗。



David Carruthers worked as a lawyer and was appointed as a district court judge before becoming chairman of the New Zealand Parole Board in 2005. He was head of the Board when it made the decision to release convicted murder, Garaeme Burton, who subsequently went on to murder again. Carruthers subsequently initiated a review of the Board's decision making processes and was responsible introducing tougher procedures. He was knighted in 2009 and in 2012 appointed as head of the Independent Police Conduct Authority.
Early life and career

Carruthers was born and raised in Pahiatua, New Zealand. He attended Victoria University, Wellington where he studied law graduating in 1962. He completed his masters in law passing with honours two years later. He practised law in Wellington and Pahiatua for 20 years before moving to Palmerston North. Carruthers is married and has five children.

In 1985 Carruthers was appointed as a judge in the Family Court in Wellington. Five years later he became a judge in the Youth Court, eventually being appointed as Principal Youth Court Judge. In 2000 Carruthers was asked to lead a Ministerial Taskforce on Youth Offending to come up with initiatives designed to reduce youth crime after Ministry of Justice figures showed that "over the 1990s, offending by 10 to 16 year olds increased by 55%". In 2001 Judge Carruthers was appointed as Chief District Court Judge, a position he held until 2005. That year the Government awarded him a Distinguished Companion of the New Zealand Order of Merit - granted to New Zealanders who have "rendered meritorious service to the Crown and nation or who have become distinguished by their eminence, talents, (or) contributions". He was knighted by the Governor-General in 2009.

Public speeches
Carruthers has given speeches at numerous conferences and seminars both in New Zealand and overseas. For many years he has pushed for a more humane approach to dealing with criminal offenders advocating, in particular, for increased use of restorative and therapeutic justice approaches. He has held a number of public and charitable offices and recommended greater focus on education, and interventions for youth and families rather than locking up more and more offenders.

Speaking at a criminology conference in November 2012, Sir David commented on the reduction in New Zealand's crime rate. He said the drop is partly due to a drive to reduce the number of teenagers being suspended or expelled from school. Around 70% of the most serious youth offenders are not in school, and keeping them involved in education is the best way to reduce offending. Figures from the Education Ministry show that the rates at which schools suspend pupils have been declining for the last 12 years, from 7.9 suspensions for every 1000 students in 2000 to 5.2 today. The decline in the suspension rate for Maori students has been the most dramatic - from almost 20 pupils for every 1000 Maori students to under 12.

Chairman of New Zealand Parole Board
Carruthers is best known for his role as Chairman of the New Zealand Parole Board, a position he was appointed to in 2005 and held until 2012. He was head of the Board when it made the decision to release Graeme Burton from prison in July 2006. Six months later Burton shot and killed Karl Kuchenbecker in the hills of Wainuiomata and injured a number of others. The incident led to at least two different inquiries into the management of parolees and many blamed the Parole Board for getting it wrong. Shortly after the murder, Judge Carruthers fronted up for media interviews and spoke about how devastated he felt. He admitted to an "extraordinary sense of personal responsibility" that Burton's release had resulted in two boys losing their father. This was in direct contrast to the response from the chief executive of the Corrections Department, Barry Matthews, who said there was "no blood on my hands" and claimed that Burton's parole was well-managed and that correct procedures were followed.

The Parole Board became more risk-averse after this incident. It tightened up its decision-making procedures as a result of which more inmates are now being kept in prison for longer, and those who are released are committing less crime. Judge Carruthers remained convinced in the value of parole pointing out that "international research shows release with the right to recall was three to four times more successful in preventing reoffending than automatic release at the end of a sentence".

As chairman of the Board, one of Carruthers concerns was the lack of accommodation and support available to prisoners on release. He became an advocate for halfway houses for paroled prisoners. In 2008 he visited Canada, which has over 200 halfway houses funded by the Canadian corrections Service. On his return he said Canada was five to six times more successful in reducing re-offending than New Zealand because of the extensive use of halfway houses. New Zealand has only two such facilities with a total of just 28 beds. At a speech to the Prison Fellowship in 2010, Sir David repeated this point and said the greatest challenge the parole board faced was finding stable accommodation for prisoners on release. Of 269 prisoners on preventive detention, only 16 were out on parole. "It is almost impossible to find stable accommodation for them in the communities of this country. Frankly, they are not wanted. When we have released people, they have been outed, the release has been undermined and [the parolees] returned to prison. Halfway houses would cut reoffending rates", he said.

Head of Independent Police Conduct Authority
In April 2012, Parliament appointed Carruthers as the new chairman of the Independent Police conduct Authority (IPCA). One of his first tasks as the new head was to release a report on deaths in police custody in the last ten years. One of his first public statements was to say he may recommend an extension of the IPCA's powers to include the ability to prosecute officers who break the rules - after the police were accused of a "scandalous delay" of more than three years in investigating an assault on Jakob Christie, who suffered a fractured vertebra when police closed down a party in Khandallah Wellington in September 2009. An editorial in the Dominion Post suggested the police response to the case indicated a lack of respect for the IPCA and said: "If the authority could prosecute errant officers, perhaps police would pay it more attention.





池原毅和律師於1956年生於東京,現為東京法律代議士辦公室主任,自2008年起擔任亞洲太平洋地區身心障礙人權法庭籌備處委員會主席,為日本律師公會身心障礙反歧視委員會的成員。

池原毅和律師除於2007年起便為早稻田大學的訪問學人,更自2000年起獲政府延攬,為內閣身心障礙反歧視政策小組的成員。


Yoshikazu Ikehara (池原毅和) Born April Born in Tokyo in 1956

Tokyo Advocacy Law Office Director

Mr. Ikehara is chair of the Expanding Committee on Establishing Disability Rights Tribunal in Asia & Pacific(2008-present), Senior Attorney of Tokyo Advocacy Law Office(1994- present), a member of the Committee on Anti-Discrimination Law for Persons with Disabilities under Japan Federation of Bar Associations (2001-present), a member of the Task Force on Anti-Discrimination Committee on Disability Policy under Cabinet Office(2010-present ), guest scholar and lecturer of Waseda University(2007-present).

Publications include, Mental Disability Law, Sanseido 2010; Legal Capacity, An Outline of Convention on the Rights of Persons with Disabilities, Ryosuke Matsui et.al. Houritsubunkasya, 2009; and  Prevention of Abuse to Persons with Disabilities Act and Convention on the Rights of Persons with Disabilities, Social Welfare & Labor No 356, Gendaishokan, 2012.


l   9 May, 1986 record in second Tokyo Bar Association attorney.
l   March, 1980 Chuo University Faculty of Law, Department of Law graduation

Main Research
Research on how to cage activity and human resources of guardian for persons with mental disabilities in adult guardianship in the Health Science Research (Principal Investigator Yoshikazu Ikehara).
Role of lawyer and human rights of the mentally disabled (Kawazoe Masatoshi Principal Investigator).
Study on infrastructure in epidemiological studies of the mentally disabled (Furukawa Takehiko Principal Investigator).
Study on the cage side of the intervention in the Health, Labour and Welfare scientific research community mental activity Ho-kan (Ito Junichiro Principal Investigator).
And proper use of the 18-year compulsory hospitalization system Heisei research on the social reintegration (research leader Urata OmoJiro).
And proper use of the compulsory hospitalization system research on the social reintegration (research leader Urata OmoJiro).
Life and mental disabilities and family welfare needs 93 (Zenieren Health and Welfare Research Institute monograph)
Opinion on the Mental Health Act review (993.vo1. Authentication N0.5 Japan only mental hospital complex packed Association).
Practitioners of parents (precedent Times 994 ('97 .9.15)
Additive mental disability issues as seen from the patient and family (precedents time signal (2002.2)
What to expect from adult guardianship, the Normalization (1996.11)
Disqualification clause and lag of the legal system, the Normalization (1996.12)
Concerning human rights Ikeda elementary school incident and the mentally ill Buraku Liberation (2001.491 issue)
That there is no security disposal and the exaggeration (2001.9.)
Issues surrounding the criminally insane, the Normalization (2002.9)
What can be learned from the advocacy of persons with mental disabilities in the United States and Europe (The nursing 1998.7)
"Against the lunatic treatment bill" world (2002.8. NO.704)
Human rights of people with mental disorders human rights of persons with mental disorders (2002.9. Akashi Shoten, co-author)
Anti-discrimination legislation and human rights of people with anti-discrimination legislation failure of the world (2002.8. Akashi Shoten, co-author)
Criteria of the trial judge civil and mental capacity (2002.5. New Japan legislation, co-authored)
Responsibilities and principles of criminal law Concerning "right of access" to (2002.9.)
Buraku Liberation to criticize the lunatic medical observation method (No. 2002.503)
Issue quarterly criminal defense that has emerged again the enforcement of medical observation method (NO.49 modern Nyubun)
To verify the Japan full of ambiguity "medical observation method" began to move the "medical observation method" (Hihyosha, 2006.4)
To verify began to move from the point of view of human rights law of persons with mental disabilities a "medical observation method" (Hihyosha, 2006.4)
Role of universities and professional group of human rights and alternative dispute settlement system and the disability pension disability pension as seen from the lawyer (Branch office of public figures, 2007.6)
Internet School on Mental Disability Law with New York Law School (Presided over by Professor Michael Perlin, Ikehara Kyowa)
Internet School on Americans with Disabilities Act with New York Law Schoo1 (Presided over by Professor Michae1 Perlin, Ikehara Kyowa)
The expert committee on the Council on Public Health Mental Health and Welfare Committee Mental Health Act (1999 - 1998)
Public Health Council (2002 - 2000)
Mental disorder method (2011, Sanseidō)
Committee Subcommittee ban discrimination conference promoting reform system for persons with disabilities Cabinet Office

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