bluuebunny/crossref_metadata_2025 huggingface dataset:
Peptidomic analysis of human acquired enamel pellicle
Authors: Vitorino Rui , Calheiros‐Lobo Maria João , Williams Jason , Ferrer‐Correia António J. , Tomer Kenneth B. , Duarte José A. , Domingues Pedro M. , Amado Francisco M. L.
Published: May 2007

Human acquired enamel pellicle is the result of a selective interaction of salivary proteins and peptides with the tooth surface. In the present work, the characterization of the peptides as well as the type of interactions established with the enamel surface was performed. Peptides from in vivo bovine enamel implants in the human oral cavity were sequentially extracted using guanidine and trifluoroacetic acid solutions and the fractions obtained were analysed by LC‐MS and LC‐MS/MS. Based on the LC‐MS data, six phosphorylated peptides were identified in an intact form, strongly adsorbed to the enamel surface. Data from the LC‐MS/MS analyses allowed us to identified 30 fragment peptides non‐covalently bonded to enamel [basic proline‐rich proteins, histatins (1 and 3) and acidic proline‐rich protein classes]. The tandem mass spectrometry experiments showed the existence of a pattern of amide bond cleavage for the different identified peptide classes suggesting a selective proteolytic activity. For histatins, a predominance of cleavage at Arg, Lys and His residues was observed, while for basic proline‐rich proteins, cleavage at Arg and Pro residues prevailed. In the case of acidic proline‐rich proteins, a clearly predominance of cleavage of the Gln–Gly amide bond was evident. Copyright © 2007 John Wiley & Sons, Ltd.
Informed consent: An overview
Authors: Lynn Joanne
Published: May 2007

Over the past 25 years, obtaining informed consent for the performance of many medical procedures has become part of the practice of medicine. As opposed to the “duty to warn” that is enforced by the law, informed consent should be a cornerstone of a fully collaborative decision‐making process, the elements of which are presented in this paper. The responsibility for this process rests upon health care institutions and financing arrangements, as well as upon physicians and courts. In response to emergencies, patient preferences, and public interests, the consent process is justifiably abbreviated. However, as presently articulated, the consent process treats communication too simplistically, is distorted by the way it is enforced in litigation, is inattentive to social justice issues, and is not integrated into the moral commitment of physicians.
Making mental health care decisions: Informed consent and involuntary civil commitment
Authors: Meisel Alan
Published: May 2007

This paper explores the development of the informed consent doctrine as it relates to psychiatric practice. The contribution of the issues of civil commitment and the right to refuse treatment to current developments in the informed consent doctrine is also addressed. Special informed consent issues are related to specific categories of psychiatric treatments. Basic in formed consent requirements in psychiatry are seen as still in the formative stages but the constitutional law and common‐law foundations for further developments are outlined. The complicated clinical, ethical, and legal issues involved in modern psychiatric treatment are stimulating new interest and concern about the informed consent doctrine throughout medical practice.
Seclusion rates and patient census in a maximum security hospital
Authors: Dietz Park Elliott , Rada Richard T.
Published: May 2007

Seclusion incidents were studied irr an undercrowded maximum security hospital where seclusion is used in response to episodes of violent or disruptive behavior. Population‐based seclusion rates for days with an above‐mean census were compared with those for days with a below‐mean census. Contrary to expectations derived from studies of overcrowded prisons, the total seclusion rate was higher under low census conditions. Although the seclusion rate for parasuicide incidents was higher under high census conditions, seclusion rates for battery, assault, and disorderly conduct incidents were each higher under low census conditions. These findings are interpreted as indicating that correctional officers observe a smaller proportion of battery, assault, and disorderly conduct incidents under high census conditions. Such underdetection must be taken into account, along with underreporting, in studies of intrainstitutional incidents.
The detection of malingered mental illness
Authors: Resnick Phillip J.
Published: May 2007

Clinical approaches to the detection of malingering are examined from the perspectives of both the general practitioner and forensic examiner. Specific strategies for identifying malingering patients is presented with particular attention to psychoses and post‐traumatic stress disorders.
Neurological malingering
Authors: Gorman Warren F.
Published: May 2007

The detection of malingering in terms of neurologic signs and symptoms is described, including malingered coma, simulated deafness, feigned blindness, feigned weakness, and diminished sensation.

While neurologic malingering is not an actual diagnosis, it is best detected through medical procedures. To identify malingering, the physician must demonstrate that the malingered sign or symptom is not caused by a diagnosable order and is instead clearly a consequence of the subject's volition.
Interaction with the United States Secret Service: Views of a mental health professional
Authors: Fein Robert A.
Published: May 2007

Following a 1981 conference on Behavioral Science and the Secret Service, the author and his colleagues worked with the Service in a number of capacities. This paper summarizes their experience, with particular reference to the mentally ill threateners that come to the attention of the Secret Service. This experience offers one model for interaction between the Secret Service and a mental health agency, keeping clear the different roles of each.
Presidential threats and the secret service in a free society
Authors: Rein William C.
Published: May 2007

In September 1981, a symposium of distinguished mental health practitioners from various clinical, administrative, research, and legal disciplines was conducted on the topic of “Behavioral Science and the Secret Service,” under the sponsorship of the National Academy of Sciences, Institute of Medicine. The article combines a study of the symposium's written conference summary, the author's experience as legal counsel to a state security hospital, and research into federal cases that have interpreted the so‐called “Presidential Threat Statute” (18 USC 871) in order to discuss the role of the Secret Service in protecting elected federal officials from physical harm. The potential for increasing practical cooperation between the Service and state mental health systems is also discussed.
Psychiatrists' duty to warn of a dangerous patient: A survey of the law
Authors: Kamenar Paul D.
Published: May 2007

The leading court cases that decide under what circumstances a duty to warn a third person about the potential dangerousness of a patient will be imposed on a psychiatrist or therapist, and in what manner the discharge of that duty will be judged to be sufficient is discussed and analyzed. A survey indicates that courts regard the duty to warn to be only part of a larger duty to control a dangerous patient. Thus, even if there is no duty to warn, courts may nevertheless impose liability for injuries to third persons predicated on acts of nonfeasance or misfeasance in diagnosing, treating, or controlling a dangerous patient. Lastly, the impact that various patient confidentiality laws have on the duty to warn are discussed.
The impact of Tarasoff on clinical practice
Authors: Quinn Kathleen M.
Published: May 2007

The clinical impact of Tarasoff (1976) has meant an increased emphasis on violence as a topic in treatment and a concern for therapists. This paper discusses the limits of confidentiality and the management of dangerous patients both before and after the landmark decision of Tarasoff. The existing research surveys on therapists' responses to Tarasoff are reviewed. Some of the clinical implications of recent court cases such as Jablonski are described. Recommendations for the management of threatening patients are made.
An investigation of persuasion and sentencing severity with mock juries
Authors: Osborne Yvonne Hardaway , Rappaport Neil B. , Meyer Robert G.
Published: May 2007

The extent to which the personal characteristics of individual mock jurors affect participation and influence with other jurors within the deliberation process was the focus of this investigation. A predeliberation locus of control measure, along with two conditions of jury composition (heterogenous vs homogenous with respect to the locus of control measure) were used to investigate interactions among sentencing severity, persuasiveness in deliberation, and demographic characteristics among 96 jurors. Results indicated that group sentences were significantly more severe than predeliberation sentences and that postdeliberation shifts were significantly more pronounced for the heterogenous juries than for the homogeneous juries.
Stealing money: An assessment of bank embezzlers
Authors: Pogrebin Mark R. , Poole Eric D. , Regoli Robert M.
Published: May 2007

This study sought to construct a profile of a contemporary bank embezzler using data from the U.S. Probation Office in Denver on 62 persons adjudicated guilty of embezzlement. The typical embezzler was a 26‐year‐old, married, Caucasian female having a high school education, earning less than $10,000 annually and working in an entry level position for less than one year. Embezzlers tended to commit their crimes alone, stealing less than $5,000 for a period under a year. The most frequently reported motivation for the defalcation was a marital or family problem, with most offenders using the embezzled funds to pay off personal debts. Significant differences in amount embezzled were found by race, education, job position, length of employment, duration of embezzlement, and involvement of an accomplice.
Conflict of interest between therapist‐patient confidentiality and the duty to report sexual abuse of children
Authors: Miller Robert D. , Weinstock Robert
Published: May 2007

All 51 jurisdictions in the United States require physicians to report suspected child abuse. In most jurisdictions, reporting requirements override both confidentiality and privilege associated with the physician‐patient relationship. The authors review the literature relevant to the conflict between privacy and reporting abuse and report the results of a national survey of therapists at sex offender treatment units. They discuss ethical problems experienced under these statutes by therapists who attempt to provide treatment for sex offenders, and by therapists who are required to report past instances of child abuse even when there is no evidence of ongoing abuse.
Brain imaging: Applications in psychiatry
Authors: Swayze Victor W. , Yates William , Andreasen Nancy C.
Published: May 2007

For more than a century psychiatrists have suspected neuropathology in patients with mental illness. In the last decade there have been developed several technologies that are capable of looking at both neuroanatomy and neurophysiology in the brains of living humans. First, x‐ray computerized axial tomography led the way in visualizing the living brain, and now magnetic resonance imaging allows brain structure to be shown with even more clarity. Brain electrical activity mapping allows computerized maps of electrophysiological activity to be visualized in a way never before possible. Nuclear medicine has provided the means of looking at various metabolic and neurochemical parameters in the living brain. These include regional cerebral blood flow studies using xenon133, single photon emission tomography, and positron emission tomography. Psychiatrists are cautiously optimistic that these various brain imaging technologies will be important new tools in continued exploration of the causes of mental illness and ultimately may lead to more effective treatments.
Menstruation and crime: A critical review of the literature from the clinical criminology perspective
Authors: Harry Bruce , Balcer Charlotte M.
Published: May 2007

The authors review the literature on the relationship between menstruation and crime, focusing upon the methodological limitations of these studies in the broader context of criminological and menstruation research. Based on this review, they conclude: the present state of scientific knowledge is such that it is unknown whether there is an association between any phases of the menstrual cycle and crime; there is no evidence linking fluctuations in reproductive hormones to criminal behavior; and, this lack of scientific knowledge is so glaring that evidence regarding menstruation and crime should not be admissible in criminal trials.
Assessing and restoring competency to be executed: Should psychiatrists participate?
Authors: Mossman Douglas
Published: May 2007

Ford v. Wainwright (1986) is one among several recent U. S. Supreme Court decisions granting psychiatrists a distinct but awkward role in the capital punishment process. Ford affirms the right of the condemned to be spared execution while mentally incompetent, and validates state laws requiring psychiatric evaluation and treatment of capital inmates who plead that they have become insane while awaiting execution. The ruling raises troublesome questions for psychiatry, including whether it is ethical for psychiatrists to assess or treat prisoners, thereby enabling their execution. This article argues that evaluation and treatment of capital inmates is in accordance with medical practice standards that emphasize respect for patients' autonomy and rationality.
Psychiatric prediction of dangerousness in capital sentencing: The quest for innocent authority
Authors: Worrell Claudia M.
Published: May 2007

Eight states require the sentencer in a capital case to consider directly the question of whether a criminal defendant would pose a danger to the community in the long term. Although all available psychiatric evidence indicates that psychiatrists cannot make accurate predictions of criminal defendants' future dangerousness, sentencers rely heavily upon clinicians' predictions of long‐term future dangerousness when imposing the death penalty. Legislatures and courts accept psychiatrists' predictions of dangerousness by relying on an elaborate “subterfuge” which uses powerful emotional influences to cover up painful conflicts of values and to satisfy society's desire for simultaneous innocence and authority.
Effects of voir dire variations in capital trials: A replication and extension
Authors: Nietzel Michael T. , Dillehay Ronald C. , Himelein Melissa J.
Published: May 2007

With a sample of 18 capital cases tried in Kentucky, South Carolina, and California, we attempted to replicate an earlier study which showed that significantly more defense challenges for cause were granted under conditions of sequestered, individual voir dire than when voir dire was conducted under less enhanced conditions. In the current sample, sequestered, individual voir dire again resulted in more defense removals for cause than obtained with less extensive voir dire. We present data on the defense removals for cause partitioned into five categories according to the reason for the challenge and analyze the effects of jury selection consultants on the various indices of voir dire as well as final sentence.
Civil commitment: An economic perspective
Authors: Rubiny Jeffrey
Published: May 2007

The rules governing the civil commitment of mentally ill persons result from complex legislative and judicial processes. In this article an economic approach to the evaluation of commitment laws is presented. A related economic model is applied to the process by which commitment rules are selected and changed.

In the economic approach the benefits and costs of civil commitment are specified and analyzed to determine an optimal number of commitments. A graphical model is used to reinforce the conclusions. The distinction between private and social benefits and costs is used to derive the conclusion that some civil commitment is consistent with the economic principle of optimality. Failures in the political process are shown to generate a need for judicial intervention to correct for possible biases toward overcommitment and an inadequate quality of care. An alternative to the economic evaluation of commitment rules, based on the work of Rawls, is also presented.
Legal proceedings, reforms, and emerging issues in child sexual abuse cases
Authors: Bulkley Josephine
Published: May 2007

Criminal and civil proceedings are outlined for cases of intrafamilial child abuse. Statutory reforms and court decisions in the area of sex abuse are reviewed, citing their potential beneficial and harmful effects on both offenders and victims. Finally, the roles of children and mental health experts in court proceedings are discussed.
Child reporting and testimony in incest cases: Comments on the construction and reconstruction of reality
Authors: Maddock James W.
Published: May 2007

Verifying reports of intrafamilial sexual abuse has become more complex, with doubts raised about the credibility of children as reporters and witnesses. This article explores factors that influence the interaction between a child's experience of sexual abuse within the family and the description of that abuse in a broader social context outside the family. The child must respond to differing contextual cues that are likely to require opposing constructions of “reality.” Thus the stage is set for uncertainty, self‐contradiction, and lack of reliability. Suggestions are made for improving the handling of reported incest cases by social service and legal systems.
Treatment of incest and pedophilic offenders: A pilot study
Authors: Lang Reuben A. , Pugh George M. , Langevin Ron
Published: May 2007

Twenty‐nine incest and 22 heterosexual pedophilic offenders, under sentence, participated in a study of therapeutic outcome. Results showed the two groups were remarkably similar in their pretreatment level of psychosocial functioning. However, pedophiles had a significantly higher recidivism rate than incestuous men. Incest offenders, on the whole, changed most relative to single or married pedophiles. Pedophiles appeared more treatment resistant in dealing with their disturbed family relations, verbal hostility, irritability, and feelings of anger that, in part, underlie their sexual anomaly. At follow‐up 36 months later, only 2 incest and 4 pedophilic men had recidivated. The discussion links these findings with earlier research and proposes a multimodal, group‐oriented approach to treating sex offenders.
The use of prediction data in understanding delinquency
Authors: Stouthamer‐Loeber Magda , Loeber Rolf
Published: May 2007

Predicting delinquency is valuable for understanding the course of crime, factors that influence its course, and the identification of markers that signal deviant processes. In addition, prediction data are relevant for judicial and clinical decision making. This article summarizes research findings on the prediction of delinquency. In the realm of early childhood behaviors, there is consensus that aggression (especially in conjunction with hyperactivity), drug use, truancy, lying, stealing, general problem behaviors, and poor educational achievement all predict later delinquency, albeit to varying degrees, with composite prediction scales yielding the highest degree of accuracy. In addition, studies show a reasonable consensus that the following family factors also predict delinquency: poor supervision, lack of involvement by parents, poor discipline, rejection by a parent, parental criminality and aggressiveness, marital problems, parental absence, and poor parental health. Variables reflecting socialization processes predicted later delinquency as well as children's early behavior. Although studied less frequently, youngsters' association with deviant peers is also predictive of delinquency.
Assessing treatability in mentally disordered offenders: A conceptual and methodological note
Authors: Heilbrun Kirk , Bennett William S. , Evans James H. , Offutt Richard A. , Reiff Harry J. , White Adam J.
Published: May 2007

The assessment of treatability in mentally disordered offenders has rarely been addressed through empirical research, despite its frequent use in clinical and legal decision‐making. We describe four necessary steps for establishing the requisite research base for treatability evaluations: (a) criterion specification, (b) the development of reliable measures, (c) the validation of these measures with treatment outcome data, and (d) the incorporation of environmental and base rate information.
Treatment recommendations for mentally disordered offenders: More than roulette?
Authors: Rogers Richard , Gillis J. Roy , Dickens Susan E. , Webster Christopher D.
Published: May 2007

Clinical judgments on the treatability and prognosis of mentally disordered offeenders (MDO) may strongly influence legal dispositions and the availability of treatment resources. This study examined 1,238 discharge summaries for MDOs referred for court assessments. Psychiatrists evidenced marked variability in how often they recommended treatment and how frequently they judged patients to have a poor prognosis. Two logit analyses suggested that diagnosis and consultation by other clinicians were associated with (a) treatment recommendations (i.e., Axis I diagnosis and social work consultations) and (b) prognosis (i.e., Axis II diagnosis and psychology consultations).
Truth in sentencing
Authors: Brodeur Jean‐Paul
Published: May 2007

The Canadian Sentencing Commission released its report in 1987. The article draws on the research conducted on behalf of this commission to present a critical overview of the problems of sentencing in Canada. The reform proposed in the commission's report is also discussed. First, the U.S. and the Canadian sentencing systems are contrasted with regard to the issues of determinacy in sentencing, appellate review, and federal jurisdiction. Second, the main problems are identified, namely, disparity, the overuse of incarceration, and the gap between what the sentencing process claims to be doing and its actual operation and effects. Several instances of the divorce between appearance and reality in sentencing are provided and their impact is assessed. Third, the reform proposed by the Canadian Sentencing Commission is outlined and the consequences of adopting a model based on the principle of proportionality are underlined. The article concludes by contrasting two strategies to control the growth of prison populations.
Forecasting the impact of the federal sentencing guidelines
Authors: Block Michael K. , Rhodes William M.
Published: May 2007

The Sentencing Reform Act of 1984, which created the U.S. Sentencing Commission, required that the commisson consider prison capacity in drafting sentencing guidelines. As part of the commission's efforts to meet this requirement, we developed a computer simulation capable of projecting the impact of the commission's guidelines on future sentences and prison populations. According to our projections, “straight” probation sentences will be reduced significantly under the guidelines. However, reducing the use of probation will generate only modest demands on the prisons, and then mostly for community corrections phased in over the course of 5 years. We also project that, while average time served for violent offenses will increase substantially, average time served for most property crimes will remain largely the same. Finally, while we forecast that federal prison populations will grow markedly by the end of this century, this is more a result of the Anti‐Drug Abuse Act of 1986 and the career offender provision of the Comprehensive Crime Control Act of 1984 than a result of the guidelines.
Mental health expert witnesses: Of science and crystal balls
Authors: Smith Steven R.
Published: May 2007

This article reviews the history of and basis for mental health testimony. It surveys the roles of such experts in the legal system and the concomitant problems with current approaches. Finally, it suggests specific reforms that may improve the use of mental health experts in legal proceedings.
Mediation and child custody issues in abusive relationships
Authors: Geffner Robert , Pagelow Mildred Daley
Published: May 2007

Contested divorces and child custody cases have increased in number in recent years, and many have involved domestic violence. Victims of domestic violence need an informed legal system to help them achieve equitable settlements and safe arrangements. Two areas of concern presented in this article are mediation and joint custody. Professionals in the mental health, social service, criminal justice, and legal fields must understand the ramifications of joint custody and mediation in abusive relationships. The effects on the children and adults are discussed, and specific recommendations are presented for dealing with power and other issues in abusive relationships.
Psychological self‐defense jury instructions: Influence on verdicts for battered women defendants
Authors: Greenwald Jessica P. , Tomkins Alan J. , Kenning Mary , Zavodny Denis
Published: May 2007

Ewing (1987) has proposed a new legal doctrine called ‘Psychological Self‐Defense,’ which is intended to provide a legal justification for a killing committed under the threat of extremely serious psychological injury. This study examines the effect of such an affirmative defense on the verdict in two vignette cases in which a battered woman killed her abuser. One‐hundred ninety‐six subjects issued verdicts after reading the case vignettes and a series of jury instructions which varied by self‐defense instruction (Psychological Self‐Defense Only, Physical Self‐Defense Only, Psychological and Physical Self‐Defense, or none of these). Only Psychological Self‐Defense instructions significantly influenced verdict patterns, primarily by shifting would‐be voluntary manslaughter convictions to acquittals.
Expert testimony in pornography trials: A role for the social scientist
Authors: Schell Bernadette H. , Bigelow Brian
Published: May 2007

This article attempts to clarify the concepts of law, pornography, and the special role of the expert witness in pornography. Different conceptual frameworks taken by experts in this field are addressed, as are the shortcomings of various approaches. Finally, the critical role of ethics in giving expert witness testimony in pornography is discussed.
Predicting treatment outcome and recidivism among patients in a maximum security token economy
Authors: Rice Marnie E. , Quinsey Vernon L. , Houghton Randerson
Published: May 2007

The relationship between program performance and outcome for patients in maximum security token economy programs has not been previously studied. We examined variables related to success in a token economy program and to postrelease failure for 92 men in a maximum security psychiatric hospital. Point earnings later in the program were best predicted by earlier point earnings. Variables that best predicted postrelease failure, defined in various ways, were similar to those found in other studies; youthfulness, having spent more time in institutions, a diagnosis of personality disorder or retardation rather than psychosis, not having been found not guilty by reason of insanity or unfit to stand trial, and having been referred from another psychiatric hospital. That program variables were generally unrelated to later outcome suggests that treatment programs for patients in maximum security settings must emphasize skills that are relevant to postrelease success.
A look at the AMA Guides to the Evaluation of Permanent Impairment: Problems in workers' compensation claims involving mental disability
Authors: Spaulding Willis J.
Published: May 2007

Mental disability claims for workers' compensation are troublesome for courts and clinicians. The overall pattern is one of a chaos of state legislative and judicial restrictions on recovery. A notable exception to this chaos is the use in the majority of American jurisdictions of the uniform system for determining mental impairment contained in the American Medical Association's Guides to the Evaluation of Permanent Impairment. The use of the Guides seems to have promoted uniformity among jurisdictions and greater acceptance of mental disability claims.

A new problem with the Guides may lay ahead as the courts try to apply the third edition. This recent revision does not contain a percentage rating system for mental impairment. The availability of this system, and in the first edition of a diagnostic system, has long been attractive to courts, although it has undermined the AMA's goal of objective evaluation.
Regulating damage claims for emotional injuries before the First World War
Authors: Brown Edward M.
Published: May 2007

During the late 19th century, as a result of litigation following railway accidents, damage claims for emotional injuries became a medico‐legal issue. Efforts to find fair and socially acceptable means of settling such claims involved an interaction between medical theory and legal rules. Between 1866 and 1890 doctors debated the significance of ‘nervous’ symptoms, which resulted from accidents in which Little or no physical damage occurred. They rejected a strictly somatic interpretation of these symptoms and replaced it with a psychosomatic interpretation. Hoping to prevent a fiood of ‘false claims’, Anglo‐American courts initially rejected this psychosomatic interpretation, and ruled against damages in cases where fear without physical impact was the cause of the plaintiffs symptoms. Later, common law courts accepted the psychosomatic perspective and granted damages for physical illnesses in which fear was ‘one link in the chain of causation’. While early appeals under workers' compensation laws followed these later courts, worries about the social consequences ofthese rulings were also evident in the years before the First World War.
Substantiating psychological injury under the federal employees' compensation act
Authors: Maffeo Patricia A.
Published: May 2007

This paper examines the administration of the Federal Employees Compensation Act by the Office of Workers' Compensation Programs (OWCP). It examines compensation claims originating at a large federal agency with a psychological component as either cause or consequence of a work‐related injury. Patterns of case outcomes are noted to be similar to those in other jurisdictions, and are discussed in terms of dirticdty of proof and policy preferences. Possible anomalies in the administration of the statutes are noted. The paper describes difliculties for mental health professionals attempting to substantiate psychological injuries, and addresses ethical issues related to tension between the nature of science and the requirements of administrative systems. Knowledge regarding idormational requirements and evaluative criteria used by OWCP is necessary to effectively substantiate the work‐relatedness of an injury. The paper provides guidelines concerning these requirements and criteria.
Death penalty mitigation and cult membership: The case of the Kirtland killings
Authors: McPherson Sandra B.
Published: May 2007

When cult activities precipitate violence against others, the interface of religious belief and practice, and law becomes complex. Personal and group psychological factors can assume importance not only to explain the crimes, but also in the processing of cases, particularly where a death penalty/mitigation trial is involved. While destructive cult membership has not been accepted in the legal system as a basis for an insanity plea, mitigation from the death penalty or other reduced responsibility outcomes can be justified and was effective in defence of Kirtland cult members. Outcomes in the Kirtland case reflected statutory requirements and procedural operations in complex constellations with roughly proportionate results. The paper details specifics of the case, defense strategies, prosecutorial functions, and religious and psychological underpinnings which led into acts for which neither religious freedom nor psychological disturbance could exempt from Penalty.
Scientology and its ‘clear’ business
Authors: Passas Nikos , Castillo Manuel Escamilla
Published: May 2007

The Church of Scientology (COS) has been the center of controversy and moral panics around the world. Many of its critics, including government and professional bodies suggest that it is a “destructive cult” with values in conflict with society. Against such views, it is argued that the CoS both reflects and relies on conventional values. The CoS is analyzed as a successful commercial enterprise which, seeking to achieve its goals, occasionally adopts illicit means. The CoS's business is also deviant in that it denies its commercial structure. Ironically, it is this very denial, this very deviance that helps explain its survival and success.
Cults and the law: A discussion of the legality of alleged cult activities
Authors: Ogloff James R. P. , Pfeifer Jeffrey E.
Published: May 2007

Recent news reports show that there is, yet again, increasing concern regarding cults and satanic cults. Among the concerns raised is the fear that cults may be engaging in illegal activity, including abducting and sacrificing humans. A survey was conducted in the United States and Canada to assess the attitudes of people regarding cults and satanic cults, and to identify those activities in which people believe cults engage. It is suggested that all religions began as “cults” and a brief review of the law concerning the free exercise of religion demonstrates that several religious groups have been treated with suspect, and have even been referred to as cults (e.g. Jehovah's Witnesses and Mormons). Results from the survey are used to consider the extent to which the activities in which cults are thought to engage are legal. It is concluded that many of the activities in which cults are believed to engage are really mere beliefs that are protected by the first amendment. For those activities that are illegal, it is suggested that current laws are adequate to protect society from whatever harm people believe cults pose.
Bias in sentencing: A preliminary analysis of community service sentences
Authors: Meeker James W. , Jesilow Paul , Aranda Joseph
Published: May 2007

Debate regarding judicial bias in sentencing remains intense despite numerous studies on the subject. Recent research has emphasized the roles of judicial discretion and the cumulative effect of bias in the criminal justice system. This article employs preliminary data from community service sentencing to explore ethnic and gender biases for a sample of defendants. It is argued that these data have unique advantages for disentangling the effect of bias from other items, including prior record, seriousness of offense, and initial plea. The data reveal both ethnic and gender biases in sentencing under circumstances where judges have discretion, but no biases where discretion is limited.
Multicollinearity and the use of regression analyses in discrimination litigation
Authors: Paetzold Ramona L.
Published: May 2007

Multicollinearity is a problem that can adversely affect the estimation of coefficients in regression equations. The types of regression models used as evidence in employment discrimination cases may be particularly susceptible to estimation problems resulting from multicollinearity, yet courts have in most instances failed to address this difficulty.

This paper discusses the problems associated with multi‐ collinearity and suggests possible sources of the multicolli‐ nearity, particularly in the context of employment discrimination litigation. An academic example demonstrates how multicollinearity can be identified and corrected. Other possible techniques for curing the multicollinearity or reducing its effects are also presented. The related problem of “tainted” variables, often discussed by courts in employment discrimination litigation, is differentiated from the multicollinearity problem. For regression equations to be reliable and for inferences regarding discrimination to be accurately made, courts should concern themselves with multicollinearity, and not so‐called “tainting.”
Probative aspects of the medical evaluation for child sexual abuse
Authors: Nohejl Cheryl A.
Published: May 2007

The medical evaluation of a child for sex abuse has been viewed by some as an acid‐test for the presence of abuse. This article examines the medical evaluation for child sexual abuse, evidence potentially revealed by the examination, and the probative value of such evidence.
Advancing psychological jurisprudence
Authors: Small Mark A.
Published: May 2007

Recent articles and literature reviews within the field of social science and law point to the importance of developing interdisciplinary jurisprudence. An overview of psychological jurisprudence is presented. Next, three approaches to the specific construction of psychological jurisprudence are reviewed. Finally, the relationship between legal psychology and psychological jurisprudence is discussed.
Therapeutic jurisprudence and conflicts among values in mental health law
Authors: Schopp Robert F.
Published: May 2007

Therapeutic Jurisprudence provides a conceptual framework for a research agenda designed to promote development of legal rules, procedures, and roles in a manner consistent with the therapeutic mission of the mental health system. As such, it draws attention to the tension between the jurisprudential values of autonomy and well‐being that permeates mental health law specifically and the law and ethics of health care generally. This article advances an analysis of these values in the context of the patient‐centered approach to health care. The article endorses a priority for the deontic aspect of autonomy over well‐being but allows balancing of the consequentialist component of autonomy against well‐being. Finally, it applies this framework to several traditionally difficult types of cases.
Psychological jurisprudence and the information processing paradigm
Authors: Wiener Richard L. , Watts Barbara A. , Stolle Dennis P.
Published: May 2007

The purpose of this article is to further recent work in the psychology of jurisprudence. After summarizing the value positions that are central to a jurisprudence that emphasizes the role of law in the everyday lives of individuals, we examine the interaction between the tenets of that philosophy and the paradigmatic content of psycholegal research. We propose that one dominant perspective, information processing, assumes that legal actors are imperfect processors of social information and proceeds to document biases and propose ways for the law to minimize shortcomings in human cognition. After summarizing the emerging theory of psychological jurisprudence, we discuss the information processing paradigm in psychology and law, illustrating its contributions with three recent studies. Next, we present an empirical analysis of abstracts from the last 5 years of empirical research to demonstrate that there is a representative body of information processing research in psychology and law. Following this is an in‐depth assessment of a sample of cognitive and social cognitive studies, detailing the scientific and normative issues that make up this literature. Finally, we conclude with some recommendations for jurisprudential theorists and psycholegal researchers which will integrate the philosophy of psychology and law with its empirical underpinnings.
A follow‐up of families disputing child custody/access: Assessment, settlement, and family relationship outcomes
Authors: Radovanovic Helen , Bartha Christina , Magnatta Michael , Hood Eric , Sagar Ameeta , McDonough Hanna
Published: May 2007

In this pilot study, 49 parents who had been involved in a custody and/or access assessment several years previously responded to a structured telephone survey. Information about eventual settlement processes, custody and access arrangements, satisfaction with the clinical assessment, children's adjustment, family relationships, and ongoing family problems was gathered an average of two and one half years after the assessment. Sole custody arrangements evidenced the greatest degree of stability from assessment to follow‐up, while joint custody arrangements were more unstable. Visitation was not occurring for a substantial number of children (35%) at follow‐up, even when it was recommended on a regular and frequent basis. Although parents reported little or no ongoing contact with their ex‐spouse, they also reported continuing concerns and new problems with respect to the other parent or their children. The impact of this form of “parallel parenting” is discussed within the context of high‐conflict, multiproblem families.
Legal and psychological considerations in the development of a euthanasia statute for adults in the united states
Authors: Maier Donna M. , Newman Michael J.
Published: May 2007

This article discusses legal and psychological factors relevant to the drafting of euthanasia statute for adults in the United States including legal and medical definitions of death; the distinction between passive and active euthanasia; living wills and advance directives; the psychological states found among those with a terminal illness; competency determinations; and currently proposed euthanasia models. Discussed at length are six different scenarios for which unique legal and psychological considerations apply to the euthanasia decision. The authors recommend that, if state or federal legislators draft euthanasia legislation, these factors should be incorporated into the statute.
Emotional damages due to wrongful death—what are they worth?
Authors: Terman Stanley A.
Published: May 2007

A rational methodology based on economic and psychiatric theory is presented to quantify the dollar amount of emotional damages for a wrongful death. The scope and the issue of admissibility of such hedonic damage testimony are considered. Anew scale, the Loss of Enjoyment of Life—Severity Scale (LEL‐SS), is introduced and its development is traced. The clinical evaluation of the emotional consequences of a wrongful death go beyond bereavement, encompassing depression and the more global construct of loss of enjoyment of life. To illustrate a clinical evaluation, the case of a mother in the wrongful death of her child is presented, and the dollar amount for emotional damages is calculated. To justify the hopes that this methodology will help settle cases more frequently without the need for trial, reasons are given why both plaintiffs and defendants should be interested in this approach.
Of witches, madmen, and products liability: An historical survey of the use of expert testimony
Authors: Landsman Stephan
Published: May 2007

The United States Supreme Court's recent decision in Daubert v. Mewell Dour Pharmaceutical Inc. has focused attention on judicial treatment of expert testimony. A survey of the development of the forensic use of such testimony helps to explain the salient characteristics of modem American practice. The survey, in the context of medical experts, discloses a several centuries long trend toward an adversarial approach that places selection, preparation, and presentation of expert witness testimony ever more completely in the hands of the litigants. This trend has been challenged since at least the 1800s by those desiring an inquisitorial alternative featuring court's witnesses or neutral panels of experts. These proposals have generally been rejected. Daubert represents a modest step in the direction of greater judicial control of the presentation of expert evidence but raises questions about the evenhandedness of heightened judicial scrutiny of proffered expert testimony.
Compensation for pain, suffering, and other psychological injuries: The ofDauberton employment discrimination claims
Authors: Goodman‐Delahunty Jane , Foote William E.
Published: May 2007

TheDaubertstandard for admitting expert testimony places increased emphasis on the scientific basis for professional opinions. This article identifies factors mental health professionals should consider to meet that standard and Federal Rule of Evidence 702 when evaluating claims of psychological injuries as authorized by the Civil Rights Act of 1991, in cases of sexual harassment, retaliation, and other forms of employment discrimination. First, the contribution experts can make by presenting a framework to assess and understand the nature, duration, intensity and severity of emotional injuries is outlined. Specialized knowledge helpful in assessing these claims is reviewed in light of the scientific literature on stressors, anxiety disorders, somatoform disorders, depression, posttraumatic stress disorder, and ways in which related symptoms manifest regarding events in the workplace or following loss of employment. Second, the role of qualified experts to facilitate determinations of causation is discussed, highlighting factors that bear on preexisting harm, intervening injurious events, the exclusion of alternate sources of mental distress, emotional harm and humiliation, and mitigation of damages.
Influencing jurors' perceptions of guilt: Expression of emotionality during testimony
Authors: Salekin Randall T. , Ogloff James R. P. , McFarland Cathy , Rogers Richard
Published: May 2007

The emotionality of a defendant while giving testimony may have a significant effect on trial outcome. We presented mock jurors with videotaped testimony and excerpts of court transcripts to determine if the emotional display of a defendant influenced the jurors' perceptions of guilt. A factorial design was employed that varied gender (male\female defendant) and emotional expression (flat affect, moderate affect, high affect). The results revealed that level of emotion significantly affected perceptions of guilt among mock jurors for the female but not for the male defendant. Specifically, participants were likely to perceive the accused as more guilty when she displayed extreme affect (either flat or high affect), and less guilty when she displayed moderate affect during her testimony.
Ethical and legal issues in conducting research involving elderly subjects
Authors: High Dallas M. , Doole Mary M.
Published: May 2007

Older people are increasingly the focus of biomedical and behavioral research not only because the elderly constitute the fastest growing segment of our population but because there is a societal concern to improve the alderfly's quality of life. The profound need to advance that research carries with it an equally profound obligation to protect the rights and welfare of elderly research subjects, and thus raises difficult ethical and legal issues. Against a background of foundational principles for the protection of human subjects, we discuss whether older subjects should be treated as a special class, the ethical and legal issues over informed consent, capacities for consent, and special problems related to cognitive impairment. We discuss surrogate/proxy consent procedures in research, recruitment of elderly subjects, conflicts of interest, special problems regarding institutional research, and risk/benefit analyses. We offer recommendations and practical guidelines for conducting current and future research involving elderly participants.
Memory processes in elderly eyewitnesses: What we know and what we don't know
Authors: Bornstein Brian H.
Published: May 2007

Research is reviewed on the memory abilities of elderly eyewitnesses. Two major issues are addressed: First, how credible are elderly witnesses? Second, how accurate are they? Despite negative stereotypes regarding elderly eyewitnesses, they do not necessarily lack credibility at trial. In terms of their memory performance, older witnesses are as accurate as young adults in many respects, but they are particularly vulnerable to misleading information that is presented after the witnessed event. Furthermore, their performance varies depending on the type of information that is sought and the manner in which their memory is assessed. Recommendations are made for improving the reliability of testimony that is offered by elderly eyewitnesses.