bluuebunny/crossref_metadata_2025 huggingface dataset:
ВИЗНАЧЕННЯ СТУПЕНЯ НІКОТИНОВОЇ ЗАЛЕЖНОСТІ У ВІДВІДУВАЧІВ ПОЛІКЛІНІКИ ЗАЛІЩИЦЬКОЇ ЦЕНТРАЛЬНОЇ РАЙОННОЇ КОМУНАЛЬНОЇ ЛІКАРНІ
Authors: Chaban H. S. , Krynytska I. Ya. , Marushchak M. I.
Published: February 2018

Визначено ступінь нікотинової залежності у відвідувачів, які проходили профілактичні огляди в поліклініці Заліщицької центральної районної комунальної лікарні. Звернено увагу на гендерні відмінності статусу курця у досліджуваній групі респондентів.
СОЦІОЛОГІЧНЕ ДОСЛІДЖЕННЯ ОБІЗНАНОСТІ МОЛОДІ КОНОТОПСЬКОГО РАЙОНУ З ПРОБЛЕМАМИ ПОШИРЕННЯ ПІДЛІТКОВОГО АЛКОГОЛІЗМУ
Authors: Lysuk I. V.
Published: February 2018

У статті проаналізовано соціокультурний механізм залучення підлітків та молоді до вживання алкоголю, визначені фактори, що сприяють розвитку алкоголізму серед підлітків, з’ясовано ставлення молоді до проблеми алкоголізму.
Honorários de auditoria e Book-Tax Differences
Authors: Ávila Jéssica Rayse de Melo Silva , Costa Patrícia De Souza , Fávero Luiz Paulo Lopes
Published: February 2018

As diferenças entre o lucro contábil e o lucro tributável, denominadas internacionalmente de Book-Tax Differences (BTD), podem aumentar os riscos e esforços do auditor, elevando os honorários da auditoria. A pesquisa verifica se existe relação entre os tipos de BTD e os honorários de auditoria que foram pagos pelas companhias abertas brasileiras no período de 2010 a 2014. Diferente dos estudos internacionais, apenas a BTD positiva (lucro contábil maior que o lucro tributável) apresentou relação com os honorários. O maior gerenciamento de resultados e evasão fiscal, que geram a BTD positiva, historicamente presentes em países civil law, podem justificar essa diferença de resultados em relação a outros países em que os efeitos foram testados. A BTD positiva pode representar uma “bandeira vermelha” para auditores, investidores, analistas e reguladores avaliarem a qualidade das informações contábeis. Discute-se a relevância de aprofundar a análise de como os honorários de auditoria variam com os diversos tipos de BTD, em diferentes setores de atividade e origens legais de países.
A Petrobrás nas teias da corrupção: mecanismos discursivos da mídia brasileira na cobertura da Operação Lava Jato
Authors: Medeiros Cintia Rodrigues de Oliveira , Silveira Rafael Alcadipani da
Published: February 2018

Nesse artigo, nosso objetivo é explorar a construção e o delineamento de escândalos de corrupção pela mídia no caso da Operação Lava Jato, que tornaram a Petrobrás protagonista de um dos maiores escândalos de corrupção do Brasil. Nossa análise foi feita na cobertura dada, na versão online, de duas publicações brasileiras (Folha de S.Paulo e Revista Veja) em uma grounded theory na vertente construtivista. Como resultados, analisamos o caso estudado em quatro elementos da teoria dos escândalos, e identificamos dois mecanismos discursivos utilizados pela mídia analisada. O primeiro desses mecanismos atua na dimensão do evento, colocando inicialmente a Petrobrás no centro do escândalo, e o outro configura a natureza política do mesmo. Propõe-se que a mídia articula discursos de modo a construir sentidos.
Narcissism: are accounting students using their personality traits to perform better?
Authors: Lima Gerlando Augusto Sampaio Franco de , Avelino Bruna Camargos , Cunha Jacqueline Veneroso Alves da
Published: February 2018

O objetivo dessa pesquisa foi identificar se traços não patológicos de personalidade narcisista em estudantes de graduação de um curso de Ciências Contábeis estariam relacionados com o desempenho desses alunos. Estudantes que superestimam seu desempenho, uma característica de indivíduos narcisistas, vivem uma expectativa não realista que irão ter melhor desempenho que outros em diferentes atividades. Esse comportamento pode ser prejudicial no longo prazo, além de resultar em um constante esforço para que esta expectativa se torne realidade. Os dados foram coletados de uma amostra de 106 alunos de graduação em contabilidade que responderam um questionário contendo questões sobre traços de personalidade narcisista. Os resultados sugerem que quanto maior a presença desses traços narcisitas maiores as chances do desempenho atribuído pelo próprio estudante ser maior. Ao mesmo tempo, o nascisismo não influencia o desempenho real do aluno,o que sugere que esses traços de personalidade incluenciam apenas as expectativas, mas não o processo de aprendizado.
Patient-Specific Computer Simulation to Elucidate the Role of Contact Pressure in the Development of New Conduction Abnormalities After Catheter-Based Implantation of a Self-Expanding Aortic Valve
Authors: Rocatello Giorgia , El Faquir Nahid , De Santis Gianluca , Iannaccone Francesco , Bosmans Johan , De Backer Ole , Sondergaard Lars , Segers Patrick , De Beule Matthieu , de Jaegere Peter , Mortier Peter
Published: February 2018

Background—

The extent to which pressure generated by the valve on the aortic root plays a role in the genesis of conduction abnormalities after transcatheter aortic valve replacement (TAVR) is unknown. This study elucidates the role of contact pressure and contact pressure area in the development of conduction abnormalities after TAVR using patient-specific computer simulations.

Methods and Results—

Finite-element computer simulations were performed to simulate TAVR of 112 patients who had undergone TAVR with the self-expanding CoreValve/Evolut R valve. On the basis of preoperative multi-slice computed tomography, a patient-specific region of the aortic root containing the atrioventricular conduction system was determined by identifying the membranous septum. Contact pressure and contact pressure index (percentage of area subjected to pressure) were quantified and compared in patients with and without new conduction abnormalities. Sixty-two patients (55%) developed a new left bundle branch block or a high-degree atrioventricular block after TAVR. Maximum contact pressure and contact pressure index (median [interquartile range]) were significantly higher in patients with compared with those without new conduction abnormalities (0.51 MPa [0.43–0.70 MPa] and 33% [22%–44%], respectively, versus 0.29 MPa [0.06–0.50 MPa] and 12% [1%–28%]). By multivariable regression analysis, only maximum contact pressure (odds ratio, 1.35; confidence interval, 1.1–1.7;
P
=0.01) and contact pressure index (odds ratio, 1.52; confidence interval, 1.1–2.1;
P
=0.01) were identified as independent predictors for conduction abnormalities, but not implantation depth.

Conclusions—

Patient-specific computer simulations revealed that maximum contact pressure and contact pressure index are both associated with new conduction abnormalities after CoreValve/Evolut R implantation and can predict which patient will have conduction abnormalities.
Transplant-Free Survival and Interventions at 6 Years in the SVR Trial
Authors: Newburger Jane W. , Sleeper Lynn A. , Gaynor J. William , Hollenbeck-Pringle Danielle , Frommelt Peter C. , Li Jennifer S. , Mahle William T. , Williams Ismee A. , Atz Andrew M. , Burns Kristin M. , Chen Shan , Cnota James , Dunbar-Masterson Carolyn , Ghanayem Nancy S. , Goldberg Caren S. , Jacobs Jeffrey P. , Lewis Alan B. , Mital Seema , Pizarro Christian , Eckhauser Aaron , Stark Paul , Ohye Richard G. ,   On behalf of the Pediatric Heart Network Investigators*
Published: February 2018

Background:

In the SVR trial (Single Ventricle Reconstruction), 1-year transplant-free survival was better for the Norwood procedure with right ventricle-to-pulmonary artery shunt (RVPAS) compared with a modified Blalock–Taussig shunt in patients with hypoplastic left heart and related syndromes. At 6 years, we compared transplant-free survival and other outcomes between the groups.

Methods:

Medical history was collected annually using medical record review, telephone interviews, and the death index. The cohort included 549 patients randomized and treated in the SVR trial.

Results:

Transplant-free survival for the RVPAS versus modified Blalock–Taussig shunt groups did not differ at 6 years (64% versus 59%,
P
=0.25) or with all available follow-up of 7.1±1.6 years (log-rank
P
=0.13). The RVPAS versus modified Blalock–Taussig shunt treatment effect had nonproportional hazards (
P
=0.009); the hazard ratio (HR) for death or transplant favored the RVPAS before stage II surgery (HR, 0.66; 95% confidence interval, 0.48–0.92). The effect of shunt type on death or transplant was not statistically significant between stage II to Fontan surgery (HR, 1.36; 95% confidence interval, 0.86–2.17;
P
=0.17) or after the Fontan procedure (HR, 0.76; 95% confidence interval, 0.33–1.74;
P
=0.52). By 6 years, patients with RVPAS had a higher incidence of catheter interventions (0.38 versus 0.23/patient-year,
P
<0.001), primarily because of more interventions between the stage II and Fontan procedures (HR, 1.72; 95% confidence interval, 1.00–3.03). Complications did not differ by shunt type; by 6 years, 1 in 5 patients had had a thrombotic event, and 1 in 6 had had seizures.

Conclusions:

By 6 years, the hazards of death or transplant and catheter interventions were not different between the RVPAS versus modified Blalock–Taussig shunt groups. Children assigned to the RVPAS group had 5% higher transplant-free survival, but the difference did not reach statistical significance, and they required more catheter interventions. Both treatment groups have accrued important complications.

Clinical Trial Registration:

URL:
https://www.clinicaltrials.gov
. Unique identifier: NCT00115934.
Comparing the Teachings of ʿAbd al-Qādir al-Jīlānī and Abū Madyan
Authors: Held Pascal
Published: February 2018

This study looks to identify commonalities between the ideas of the prominent sixth/twelfth-century mystics ʿAbd al-Qādir al-Jīlānī (d. 561/1166) and Abū Madyan (d. 594/1198). As will be shown, they not only overlap in their emphasis and interpretations of certain features of the mystical path, but in fact rely on a common basic understanding as regards mystical endeavors overall.
International Human Rights Law and Discrimination Protections
Authors: Mwakagali Mpoki
Published: February 2018

Non-discrimination is a fundamental principle of international human rights law. This volume discusses the international legal framework on this principle and comparatively elaborates the definition of discrimination as well as the grounds of discrimination in the various general and specialised international human rights treaties, including the International Labour Organisation conventions. The element of special measures as an integral aspect of this principle is also raised. A comparative discussion on the incorporation of international standards on the principle of non-discrimination established in the international treaties in regional as well as national human rights frameworks is also set forth to provide practical illustrations of the application of these standards in more specific and localised perspectives. Selected regional frameworks discussed are the African, American and European human rights regional frameworks and the national frameworks are South Africa and Brazil.
A new perennial Erysimum species from Turkey, E. nemrutdaghense (Brassicaceae)
Authors: MUTLU BİROL
Published: February 2018

In this study, Erysimum nemrutdaghense Mutlu (Brassicaceae) is described as a new species from the province of Adıyaman in the South-east Anatolia. In order to determine the phylogenetic relationships of the new species, a portion of the nuclear ribosomal DNA sequences of ITS region was used. In addition to the new species, ITS regions of five Erysimum species were sequenced. Erysimum sintenisianum Bornm., E. lazistanicum (Rupr.) Lipsky, and E. stenophyllum Polatschek were sequenced in this study for the first time. The diagnostic morphological and phylogenetic characteristics are discussed with similar species. SEM images of trichomes on different parts of siliqua, stigma, and seed are given. Chromosome number of the new species is found to be 2n=16.
Two new dwarf species of Homalolepis (Simaroubaceae) from the Brazilian Cerrado (Neotropical savanna)
Authors: DEVECCHI MARCELO F. , THOMAS WILLIAM W. , PIRANI JOSÉ R.
Published: February 2018

We describe and illustrate two new species of Homalolepis Turcz. (Simaroubaceae), a genus recently reinstated based on molecular evidence indicating that Simaba Aubl. as currently circumscribed is not monophyletic. Both species are dwarf, geoxylic subshrubs with restricted distribution in the Brazilian savanna (cerrado). Homalolepis planaltina is so far known from a single population, in highland fields of southeastern Minas Gerais state, and belongs to H. sect. Grandiflorae. The few known populations of H. pumila are restricted to the Emas National Park in the state of Goiás and belong to H. sect. Homalolepis. We present live pictures of plants of both species in their habitats, as well as drawings of diagnostic features, an identification key to the geoxylic species, detailed descriptions, distribution maps, data on geography and ecology, the conservation status, and comments on morphology and closely related taxa. These two new taxa increase the total diversity of the genus to 28 accepted species.
A new species of scincid lizard in the genus Oligosoma (Reptilia: Scincidae) from the mid-Canterbury high country, New Zealand
Authors: WHITAKER TONY , CHAPPLE DAVID G. , HITCHMOUGH RODNEY A. , LETTINK MARIEKE , PATTERSON GEOFF B.
Published: February 2018

New Zealand has a diverse, endemic skink fauna, which is recognised as the most species rich skink assemblage of any cool temperate region on earth. All native New Zealand skink species are assigned to a single genus, Oligosoma Girard. A new species of Oligosoma is described from screes in montane tussock grassland in the mid-Canterbury high country, New Zealand, where it is currently known from four sites on two mountain ranges. The new species (Oligosoma hoparatea sp. nov.) can be distinguished from all congeners by a combination of mid-body scale row and lamellae counts, scale morphologies, and a bold striped pattern with smooth-edged, dark lateral bands. It is part of the O. longipes Patterson species complex, and occurs in sympatry with its closest relative, O. aff. longipes ‘southern’. The species is currently highly threatened, and is listed as Nationally Critical in New Zealand. Predation by a suite of introduced mammals is assumed to be a major threat to its survival.
Fish Catch Is Related to the Fluctuations of a Western Boundary Current
Authors: Oey Lie-Yauw , Wang Jia , Lee M.-A.
Published: February 2018

In eastern boundary upwelling ecosystems, substantial variance of biological productivity (~50%) can often be related to physical forcing such as winds and ocean temperatures. Robust biophysical connections are less clear-cut in western boundary currents. Here the authors show that interannual variation of fish catch along the western boundary current of the North Pacific, the Kuroshio, significantly correlates (r = 0.67; p < 0.001) with the current’s off-slope (more fish) and on-slope (less fish) sideways shifts in the southern East China Sea. Remotely, transport fluctuations and fish catch are related to the oscillation of a wind stress-curl dipole in the tropical–subtropical gyre of the western North Pacific. Locally, the current’s sideways fluctuations are driven by transport fluctuations through a feedback process between along-isobath pressure gradients and vertical motions: upwelling (downwelling) during the off-slope (on slope) shift, which in turn significantly enhances (depresses) the chlorophyll-a (Chl-a) concentration in winter and early spring. The authors hypothesize that changes in the phytoplankton biomass as indicated by the Chl-a lead to changes in copepodites, the main food source of the fish larvae, and hence also to the observed variation in fish catch.
“Come un pesce entro due acque”. Alcune annotazioni sull’intima duplicità del fanciullo penniano
Authors: Moslemani Fadil
Published: February 2018

La poesia di Sandro Penna costituisce un caso letterario sui generis nel Novecento poetico italiano. Fedele a un monotematismo incentrato sulla figura del personaggio-mito del fanciullino, il poeta perugino, a partire dalla sua prima raccolta ( Poesie, 1939), perviene efficacemente a “riesumare”, rielaborandola attraverso la propria soggettività di uomo-poeta, l’immagine multiforme del fanciullo di pascoliana memoria.

Prendendo in esame la vasta produzione lirica di Penna, il saggio che qui proponiamo intende porre in evidenza alcuni dei punti salienti della poetica penniana del fanciullo in rapporto all’“archetipo” elaborato da Giovanni Pascoli e, più in generale, rispetto alla tradizione critica e poetica del Novecento. Dai contorni talvolta arcani, la figura del fanciullo, in Penna, si contraddistingue sovente per la sua duplicità, in quanto opera sia da vero e proprio oggetto dei desideri del poeta, sia da intima “presenza interiore” (di pascoliana memoria) volta a conferire allo scrittore un’aura di apparente ingenuità e bambinesca innocenza. Nella convinzione che la duplice natura del fanciullino costituisce uno dei maggiori elementi di interesse riscontrabili nella lirica considerata, il presente contributo, attraverso un tentativo di analisi di tale doppiezza, si prefigge pertanto di scrutare la “poetica del fanciullo” allo scopo di meglio contestualizzarla all’interno dell’intero corpus poetico penniano.
Need for Uniqueness Determines Reactions to Web-Based Personalized Advertising
Authors: Stiglbauer Barbara , Kovacs Carrie
Published: February 2018

The presented empirical study among a sample of n = 256 participants addressed the relationship between consumers' need for uniqueness and their reactions to web-based personalized advertising. Drawing on regulatory focus theory, we argue that the consumers' need for uniqueness dimensions creative choice and similarity avoidance may relate to promotion and prevention regulatory orientations, respectively. Accordingly, we hypothesized that creative choice and similarity avoidance would differentially predict self-reported approach and avoidance behavior toward personalized advertising. These direct relationships were further expected to be mediated by subjective evaluations of personalized advertising (i.e., perceived value and irritation). In line with these hypotheses, we found that creative choice predicted approach behavior through increased web-based personalized advertising value, whereas similarity avoidance predicted avoidance behavior through increased irritation. Creative choice also predicted decreased irritation, which in turn was related to decreased approach behavior. In sum, the results suggest that the consumers' need for uniqueness dimensions should not be investigated as a composite, as they seem to reflect different regulatory orientations and are therefore likely to evoke different affective, cognitive, and behavioral responses.
Psychiatry kills: A critical evaluation of Dr. Thomas Szasz
Authors: Stone Alan A.
Published: February 2018

Thomas Szasz M.D., is the leading figure in the public debate over inequities and abuses to which those labeled mentally ill are subject. Szasz has drawn public attention to many important problems in the so-called therapeutic state, and urged changes that are now being introduced. Many of his arguments are, however, not well founded in fact and at times he relies on distortions and demagoguery which obscure the possibility of adequate solutions.
Psychiatric Misjudgments in German Restitution Proceedings: Blindness or Spite?
Authors: Wangh Martin
Published: February 2018

When restitution is claimed for psychic damage sustained as a result of Nazi persecution, a German psychiatrist, usually a prominent member of his profession, is called upon by the German court as chief evaluator. In cases where the claimant was an infant at the time of the persecution, the chief evaluator has often come to some variant of the following conclusion: Since the patient was an infant during the height of the persecution, he could not have been consciously aware of the events taking place around him and therefore could not have sustained any psychic damage from them.

Three such cases are described and the evaluations of the chief evaluators quoted. Documentation, including a letter from Dr. Anna Freud, is brought to show that such judgment is wholly erroneous.
Judicial use of psychiatric reports in the sentencing of sex offenders
Authors: Bohmer Carol
Published: February 2018

Use of psychiatric evidence within the court system has increased recently. This study investigates the psychiatric pre-sentence reports ordered by judges in sentencing sex offenders. The findings indicate that although the judges are ostensibly assisted by these reports, further probing makes it clear that in fact they are ambivalent about their value. It also concludes that in actuality understanding and communication between psychiatry and law has not increased and also that however much a judge may want to use the material contained in the reports, he is constrained by the legal system and other external factors from so doing.
Enuresis, Fire Setting, and Animal Cruelty in Male Adolescent Delinquents: A Triad Predictive of Violent Behavior
Authors: Wax Douglas , Haddox Victor
Published: February 2018

A triad of behavioral symptoms including enuresis, fire setting, and animal cruelty has been considered highly predictive of adult male violence. The present study reviews the triad hypothesis in light of extensive case materials from six triad-present aggressive violent male adolescents. In addition to confirming the predictive usefulness of the triad, this investigation found marked personality arrest present in each subject. The case material is discussed from a variety of viewpoints, including the triad's application as a screening device for the prediction of dangerousness.
A troubled View of Current Trends in Forensic Psychiatry
Authors: Halleck Seymour L.
Published: February 2018

Increasing involvement of psychiatrists in legal issues seems inevitable. As the courts are being asked to resolve more and more social conflicts they have understandably sought the assistance of specialists who allegedly bring expertise and prestige to the decision-making process. While psychiatrists can sometimes help the courts make more informed decisions, there is good reason to question whether much of current psychiatric involvement in legal issues serves a useful social purpose. Psychiatrists are also spending more time in the courtroom defending certain treatments of patients that had never before been questioned. The validity of attacks on certain psychiatric practices and the potential long-term effects on the treatment of patients must be reappraised in terms of current social conditions.
International Law, Nationalism, and the Sense of Self: A Psychoanalytic Inquiry
Authors: Schoenfeld C.G.
Published: February 2018

Why is international law so undeveloped and ineffectual that some legal scholars doubt that it should even be described as “law”? To help to answer this question, two basic elements of nationalism—the tendency to view one's nation as an enlargement of one's self, and the tendency to distinguish sharply between the members of one's nation and other persons—are analyzed in light of psychoanalytic tools and insights. The analysis suggests that nationalism may well help many a person (at least on an unconscious level) to bolster a less-than-secure sense of self—and that to the extent that nationalism plays this role, it is likely to continue to inhibit the growth and development of international law (and with this, the growth and development of a peaceful world order).
The Psychodynamics of Criminal Behavior and their Implications for Prison and Jail Reform
Authors: Solomon George Freeman
Published: February 2018

The failure of the existing correctional system to rehabilitate is presented. A new model treatment program for criminal offenders, largely derived from Danish and Dutch examples, just begun in Fresno, California, based on our current psychodynamic understanding of the etiology of criminal behavior and operating on many levels including gaining of insight, habit training and reinforcement of positive behaviors, development of interpersonal relations with opportunity for wholesome identification and acquisition of adaptive skills is detailed.
A Forensic Psychiatry Clinic in Evolution
Authors: Hoffman Browning , Showalter Robert , Whitebread Charles
Published: February 2018

In 1969, a teaching program in forensic psychiatry was launched at the University of Virginia School of Medicine. Initially oriented toward the training of psychiatric residents, the Forensic Psychiatry Clinic now offers academic credit to selected law students and draws upon an interdisciplinary faculty.

In light of special problems which may arise in forensic evaluations, the paper focuses upon client privacy, confidentiality and privileged communications. Also described are the difficulties of formulating a teaching program responsive simultaneously to the needs of medical students, psychiatric residents and law students.
Oak Ridge Patients: Prerelease Characteristics and Postrelease Adjustment
Authors: Quinsey Vernon L. , Pruesse Manfred , Fernley Robert
Published: February 2018

Readmission and criminal conviction data were obtained for 60 men who had been released from a maximum security psychiatric hospital for an average of 39 months. Twenty of the men had been readmitted to the security hospital or been convicted of an offense during that time. Men who had been found unfit to stand trial or not guilty by reason of insanity before their admission were less likely to get into difficulty upon release than men who had been admitted for other reasons. Patients who got into trouble after their release were more likely to be diagnosed as personality disordered and to be under 31 years of age upon release. A number of other variables were also related to postdischarge adjustment.
The Prediction of “Dangerousness” as a Criterion for Involuntary Civil Commitment: Constitutional Considerations
Authors: Laves Rona G.
Published: February 2018

The fundamental premise of this paper is that involuntary civil commitment constitutes an adversary procedure, since the individual so committed is deprived of fundamental civil liberties. This is particularly true when the individual is committed because he is dangerous to others and the state is, therefore, acting primarily in the interests of others, i.e., the protection of society, rather than in the interests of the patient. The civil commitment hearing must, therefore, meet the high standard of proof required in criminal trials by substantive due process. Civil commitments which are based on the predictions of psychiatrists are a denial of 14th amendment safeguards, since the state of the science does not qualify the psychiatrist as an expert witness. Evidence to this point includes: (1) disagreement among experts on a definition of dangerousness; (2) a lack of consensus regarding indicators of potentially dangerous behavior; (3) confusion on the part of psychiatrists regarding legal standards distinguishing mental illness, incompetency and dangerousness; (4) the unfounded use of clinical judgment rather than actuarial methods in prediction by psychiatrists; (5) the difficulties inherent in the prediction of infrequent events; and (6) the antipodal nature of the decision rules in law and in medicine. Given the fundamental prognostic limitations, the author recommends a reevaluation of current commitment practices and urges psychiatrists to examine the ethical ramifications of their continuing participation in such procedures.
Pacifism and the Law: A Psychoanalytically Oriented Inquiry
Authors: Schoenfeld C. G.
Published: February 2018

Psychoanalytic discoveries regarding man's aggressivily, the viability of the belief of pacifists that it can be controlled simply by an effort of will, and the role of the superego in coping with man's aggressive and hostile urges are all detailed in this paper. A n attempt is then made to show how the law—both by blocking and helping to express man's anger and hostility—gives the superego much-needed help in this task. The conclusion is advanced that the law offers to pacifists and the doctrines they espouse their greatest chance of survival in today's strife-torn world.
Sentencing procedures in England and America— American bargains or English justice?
Authors: Davis Anthony E.
Published: February 2018

This article traces the relationship between guilty pleas and sentencing, and demonstrates the effect on this relationship of the practice of plea bargaining. The meaning attributed to the underlying requirement that all guilty pleas—whether the product of bargains or not—be voluntary is investigated, and the differing altitudes of the English and American courts to this requirement are compared. Finally, the scope of plea-bargaining practices in both the English and American legal systems is contrasted and evaluated.
Bad or Mad: The Psychiatrist in the Sentencing Process
Authors: Bohmer Carol E. R.
Published: February 2018

Circumstances in which presentence psychiatric reports are requested and their use and influence on judicial sentencing are examined through both offender histories of men convicted of a sex offense and interviews with judges. Offenders for whom a report was ordered and those sentenced without a report were compared. The seriousness of the offense, previous record, and age of victim were among factors significantly related to ordering a report. The presence of a report did not generally affect the type or length of the sentence. The recommendation of the psychiatrist and the sentence corresponded in only half the cases, a finding lower than that expected from research with probation reports and some scholarly opinion.
Hospitalization Experience of Mentally Disturbed and Disruptive, Incarcerated Offenders
Authors: Uhlig Richard H.
Published: February 2018

This paper explores briefly the handling of disturbed and disruptive offenders, the extent to which such offenders have been subject to previous hospitalization in mental health facilities, and some implications for their future care and custody. In New England's maximum security institutions nearly 60% of 365 offenders, identified as both disruptive and diagnosed as having some type of psychiatric disturbance, were admitted at least once to a state mental hospital. The average number of admissions was 2.6 per offender amounting to an average of 230.4 days of hospitalization or approximately 3 months per admission. Although the number of such offenders is small, the extent of previous hospitalizations suggests that it is imperative that correctional and mental health authorities work more closely together to plan jointly for the care, custody and treatment of this population. The development of regional mental health programs and facilities should continue to be explored.
Recidivism, Crime, and Delinquency: A Psychoanalyst's Perspective
Authors: Kaplan Eugene H.
Published: February 2018

A comprehensive review of the subject of recidivism is presented. It is found that sociological and simplistic psychological theories of crime and delinquency fail to explain variation in individual outcome under similar social conditions. It seems that severely deprived and traumatized children from disorganized multiproblem families commonly develop ego pathology typical of the borderline disorders, and contribute disproportionately to the numbers of recidivist delinquents. In a classification of adult criminal behavior based on the nature and severity of disturbances in the three mental agencies, it is found that the less the ego pathology, the more is criminal behavior attributable to disturbances of superego development.
An Analysis of the Views of Thomas S. Szasz
Authors: Schoenfeld C. G.
Published: February 2018

Szasz’ thesis that there is no such thing as mental illness, that psychiatrists are persecutors, oppressors, and torturers, and that the so-called mentally ill should be treated like everybody else is analyzed in detail. The analysis reveals that Szasz fails to support his views with appropriate evidence, ignores crucial evidence contrary to these views, makes egregious mistakes of logic, engages in various forms of “word magic,” and commits blatant factual and legal errors.
The Due Process Rights of Minors “Voluntarily Admitted” to Mental Institutions
Authors: Rolfe Robert M. , Macclintock Anne U.
Published: February 2018

Last year in Bartley v. Kremens, a case now pending before the Supreme Court, a Pennsylvania three-judge court required that all children, before admission by their parents to state mental hospitals, receive a full-blown due process hearing as protection against parental abuse. The following article takes a critical look at the Bartley court's belief that traditional adversary procedures, essentially modeled after the criminal system, can provide a panacea for children in the mental health area. In outlining a proposal to protect the legal rights of juveniles and at the same time ensure prompt and efficient attention to serious mental problems, the article recognizes that interdisciplinary cooperation is mandatory and that decisionmaking must be shared by the medical and the legal professions.
An Overview of Confidentiality and Privilege
Authors: Foster Henry H.
Published: February 2018

The topics of confidential communications and privilege are examined in the following article. The relationship between the legal concepts of confidentiality and privilege, and the qualifications and remedies surrounding both concepts are discussed. After suggesting the definite need for a psychiatrist-patient privilege, the author discusses the reasons why such a testimonial privilege is required.
The legal status of the psychologist in the courtroom
Authors: Perlin Michael L.
Published: February 2018

In discussing the legal status of the psychologist in the courtroom, the more important but hidden issue of the social status of the psychologist must also be explored. Thus, although psychologists now routinely testify as expert witnesses on a whole range of issues in criminal and civil matters, a perception lingers in the minds of judges and jurors that the psychologist is a “second-rate” expert compared to the forensic psychiatrist. The roots of this assumption are examined, and it is suggested that psychologists themselves have helped perpetuate this myth. On the other hand, psychologists clearly do have special skills and techniques uniquely preparing them for certain courtroom work; in addition, participation in the judicial process enables psychologists to serve as advocates for social change. Psychologists must thus confront the background of the anticourtroom bias and educate all participants in the litigation process as to the need for appropriate psychological testimony.
The Legal and Social Significance of Aftercare Systems: A Review and Analysis
Authors: Ensminger John J. , Reilly Patrick
Published: February 2018

There have been a number of findings in the research on aftercare which have significance for courts and legislatures faced with choices involving planning and implementation of mental health systems. Both the older and newer methods of community mental health care delivery are analyzed. There appear to be cogent reasons for emphasizing the provision of aftercare facilities to poverty communities. Certain reasons for failures in aftercare treatment are identified. An analysis of the literature on aftercare indicates that there are certain elements important for the effective functioning of an aftercare system.
Autopsy of an Experiment: The Patuxent Experience
Authors: Zenoff Elyce H. , Courtless Thomas F.
Published: February 2018

The authors undertook to examine the policy assumptions underlying Maryland's unique “defective delinquency” law and its implementations at the Patuxent Institute from 1955 to 1977. The claims and controversy surrounding Maryland's experience are described. The defective delinquency law's recent repeal and replacement by “reform” legislation is discussed. An analysis of the new law shows that in some important respects (voluntarism being one), it falls far short of being as reformist as thought, and retains many assumptions that activated its predecessor.
Some Legal Implications of “Passes” and “Visits”
Authors: Feldman Walter S.
Published: February 2018

Selected mental hospital patients are permitted to leave the premises for varying lengths of time. Such passes provide diagnostic data, therapeutic benefits and potential legal risks. Courts balance the rights of the individual against those of the community by applying the traditional rules of negligence in establishing liability.
Marriages in Turmoil: The Lawyer as Doctor
Authors: Sassower Doris L.
Published: February 2018

A leading matrimonial attorney takes a look at the stress and anxieties experienced by women upon marital dissolution, and recommends that law and medicine close ranks to remedy what is described as a major malady of our times. The emotional fall-out is only too often attributable to the unequal legal status of women; both the judicial system and the law itself would benefit from a collaboration between lawyers and psychiatrists in bringing about vitally needed divorce reform.
Expert Clinical Testimony and Professional Ethics
Authors: Berger Louis S.
Published: February 2018

The practice of giving expert clinical testimony about a psychological or psychiatric assessment in the presence of the subject of that evaluation is examined. The potential that this practice has for inflicting psychological trauma to the subject is considered, and discussed in the context of the principles of professional clinical ethics. It is proposed that current practice may violate certain of these principles. Suggested remedial action is outlined.
Legal Hazards and Protections for the Mentally Retarded: A Review
Authors: Parlour Richard R. , Goldsmith Virginia M.
Published: February 2018

The last two decades have seen major changes in mental health service delivery and a staggering proliferation of law related to mental health issues. Mental health professionals are reminded that law is made to serve the public interest and may frequently hamper therapeutic goals. To be a most effective therapist, one must be well informed about relevant law and ways to implement treatment despite legal impediments. Being so socially handicapped, the retarded depend on all human service providers to be part-time advocates for them or the justice system will fail.
Psychological Aspects of Jury Performance in Criminal Trials
Authors: Goldman Jacquelin , Thomas James R.
Published: February 2018

Subjects, who were assigned to six juries by level of moral judgment, attended a law school reenactment of a murder trial involving criminal insanity. After testimony three juries deliberated the case separately. Control juries registered individual verdicts, were retested, and dismissed. All jurors were pretested on mood measures at pretrial, post-testimony and follow-up. Deliberation juries were assessed for moral judgment after testimony, deliberation and follow-up. All jurors became affectively aroused on measures of hostility, anxiety and depression from pretrial to post-testimony and through deliberation. Deliberation time and quality varied as a function of level of moral judgment.
Changes in the Legal Status of Mental Patients as Waivers of a Constitutional Right: The Problem of Consent
Authors: Decker Frederic H.
Published: February 2018

One modification of mental health statutes in recent years has been to limit involuntary commitment to a specified interval of time. If the hospital wishes to continue an involuntary hospitalization beyond this authorized period, a judicial hearing is required during which the hospital must justify extension. Under current statutes, however, the hearing requirement is eliminated when a patient transfers from involuntary to voluntary status. In other words, a change to voluntary status can be a waiver of the judicial hearing. The argument in this article is that many waivers via changes to voluntary status are probably not the product of voluntary consent. Recommendations for statutory modifications with regard to the periodic judicial hearings and changes to voluntary status are presented.
Accountability in Psychiatry
Authors: Schimel John L.
Published: February 2018

The high cost of external controls of the practice of psychiatry in time, money, and quality of patient care is examined. The author argues that in the end, the most reliable and useful source of accountability in the practice of psychiatry is the practitioner's conscience and sense of professional responsibility. Sigmund Freud believed that the scientist's dedication to truth was the ultimate safeguard as well as the source of inspiration. Clinical examples illustrating ethical, moral and legal problems encountered in psychiatric practice are offered, with particular attention to the issues involved when there is a potential for the patient to commit suicide or homicide.
The Borderland of Autonomy: Medical-Legal Criteria for Capacity to Consent
Authors: Janicak Philip G. , Bonavich Peter R.
Published: February 2018

This article focuses on one aspect of informed consent: the capacity to give consent. This legal concept has developed from theological, philosophical, and legal perspectives, and is now employed commonly in medical-legal decisions, as exemplified by the recently enacted Mental Health Code of Illinois.

Unfortunately, there is little scientific direction for applying this concept either by the courts or the clinician attempting to obtain informed consent. This article attempts to establish guidelines to assess capacity to consent by developing criteria from a standard psychiatric evaluation and correlating these guidelines with certain existing categories for tests of competency.1
The Muddied Path between the Criminal Court and the State Hospital
Authors: Geller Jeffrey L.
Published: February 2018

The court's use of the state hospital has been characterized by misuse of criminal commitment statutes to gain admission for defendants. The author examines this process by focusing on the interaction between hospital and court during a 1-month period. The outcome indicates that despite the best intentions of both the legal and the psychiatric professions, criminal commitments yield neither a treatment program nor an aftercare plan. Specific suggestions concerning professional education, forensic services, chronic community care, and community education are made with a focus toward the diminution of inappropriate referrals to the state hospital by the criminal justice system.
The Criminal: A Psychiatric Viewpoint
Authors: Garvey Michael
Published: February 2018

The interaction between psychiatry and the law often results in a plethora of conflicting opinions with little objective data. Psychiatrists can make a useful contribution to this problem by educating legislative and correctional personnel about the diagnosis and prognosis of many criminals. Current data suggest the following: (1) most male criminals are sociopaths; (2) there is no effective treatment for sociopathy; (3) sociopathic behavior shows noticeable spontaneous remission in the fourth and fifth decade; (4) the diagnosis of sociopathy is positively associated with recidivism in released male felons.
Personal Injury Law and Emotional Distress
Authors: Langhenry John G.
Published: February 2018

The tort law applicable to emotional distress is being examined by the courts and traditional concepts of recovery are being expanded. This article surveys the development of the law in this area and defines the general parameters of judicial recognition. It also identifies the trends which may shape future law.
Dr. Szasz or Dr. Seuss: Whose Right to Refuse Mental Health Treatment?
Authors: Morris Grant H.
Published: February 2018

In this article, the author asserts that the right of involuntarily confined mental patients to refuse psychiatric treatment is both legally sound and medically desirable. This right is viewed as one example of the broader right of any patient to deny his consent to proposed medical treatment. The author critiques two devices that are utilized to subvert the right of mental patients to refuse psychiatric treatment: (1) a competency test that equates the patient's competence with his willingness to accept the psychiatrist's proposed therapy, and (2) the appointment of guardians to act as substitute decision-makers for civil and criminal patients who have not been declared incompetent to make treatment decisions.
The Mental Illness Dispute: The Critical Faith Assumptions
Authors: Weinberg Lee S. , Vatz Richard E.
Published: February 2018

The writings of Thomas Szasz over the past twenty years have produced ardent defenders and vehement critics. Unfortunately, much of the criticism is either of an ad hominem type or is based on misunderstanding(s) of Szasz's arguments. Some recent critiques, however, raise critical issues which reflect the different philosophical starting points or assumptions which distinguish Szasz from his critics. In this article, we delineate the hidden assumptions which underlie much of the debate over the existence of “mental illness” and argue that these critical assumptions are not amenable to confirmation or disconfirmation.
The Adversary System in Civil Commitment of the Mentally Ill: Does it Exist, and Does it Work?
Authors: Miller Robert D. , Fiddleman Paul B.
Published: February 2018

Legal activists have argued for adversary counsel to represent patients in civil commitment hearings, and many courts and legislatures have responded by requiring effective representation for patients. The authors argue that a truly adversarial system requires full-time attorneys representing both sides (commitment and release) with clear-cut roles for each attorney, and that such systems are generally not in use at this time.
Crime is a Very Big Industry: Reflections of a Prisoner
Authors: Wright Earl E.
Published: February 2018

Our country is faced with a crime explosion, the main beneficiaries of which are attorneys and court employees. Prisons are not as terrible as some people would have us believe. To stem recidivism, present conditions for the hard-core criminals should be made more primitive. Other prisoners should be sent to work farms and factories to work and live in a productive manner.
The inappropriateness of “least restrictive alternative” analysis for involuntary procedures with the institutionalized mentally ill
Authors: Gutheil Thomas G. , Appelbaum Paul S. , Wexler David B.
Published: February 2018

The concept of the least restrictive alternative has been misunderstood and probably misapplied in relation to involuntary interventions common on inpatient wards: seclusion, restraint, and forced emergency medication. A brief historical review of the doctrine of the least restrictive alternative is presented, followed by a clinical and ethical analysis of problems in its application. The least restrictive alternative is demonstrated to be an inappropriate model for dealing realistically with issues raised by involuntary treatment of the institutionalized mentally ill.
Some Clinical and Psychobiographical Aspects of Personal Bankruptcy: A Psychoanalytic Inquest
Authors: Ginsburg Lawrence M. , Ginsburg Sybil A.
Published: February 2018

The historical background of bankruptcy law in the United States is examined. The paucity of literature about the psychology of bankrupts is noted. Published studies are cited which trace the stages of ego disintegration under state-imposed constraints. The reported analysis of a bankruptcy lawyer is excerpted to illustrate the link with death which his work unconsciously represented for him. Brief clinical examples of the psychology of two bankrupts are included, with discussion about their psychodynamics. Pronouncements of two prominent patients are quoted and reviewed, along with biographical formulations about post-insolvency transference and countertransference considerations involving their respective analysts.