bluuebunny/crossref_metadata_2025_split huggingface dataset:
Use and abuse of mental health experts in child custody determinations
Authors: Bolocofsky David N. 
Published: June 2007

AbstractChanges in standards for child custody determinations have resulted in an increased demand for mental health professionals to serve as expert witnesses. However, the entry of mental health professionals into custody disputes has been met with harsh criticism of the value of their contributions. Critics have generally pointed to the absence of substantive requirements for who may serve as an expert mental health witness, the ambiguities inherent in the best interests standard, the weak scientific basis for psychology and psychiatry, and the questionable measurement techniques employed by mental health professionals as reasons for increased regulation of forensic mental health services. This article critically reviews these concerns and proposes a regulatory model that addresses the salient issues.
Psychiatric predictions and the death penalty: An unconstitutional sword for the prosecution but a constitutional shield for the defense
Authors: Wyda James , Black Bert 
Published: June 2007

AbstractThe Supreme Court continues to permit psychiatrists and other mental health professionals to testify regarding capital defendants' propensity to future dangerousness. Virtually all scientific evidence indicates that these predictions are unreliable. However, capital juries are particularly likely to rely heavily on such testimony. The admission of this evidence violates the safeguards mandated by the Supreme Court's own case law demanding that a capital jury's discretion be guided. The Court must consider the reliability of evidence of future dangerousness, deny its admissibility on behalf of the prosecution, but structure a rule that does not infringe on capital defendants' right to present evidence in mitigation that may implicate future dangerousness.
Perspectives on the role of the eyewitness expert
Authors: Lindsay R. C. L. , MacDonald Paula , McGarry Susan 
Published: June 2007

AbstractExtensive controversy over the appropriate application of expert knowledge regarding issues of eyewitness accuracy led to a conference and a special issue of taw and Human Behavior in 1986. Arguments were presented both in support of and against the eyewitness researcher as expert testifier. The current research explored the views of the general public (N = 50), defense attorneys (N = 14), and prosecutors (N = 10) with regard to the use of eyewitness expertise in each of four roles (court‐appointed expert, consultant, researcher, expert tesdfier for the defense). Extensive differences of opinion were found across both samples and expert roles. In general, prosecutors held significantly more negative views of the usefulness of expert witnesses for the defense than did the public or defense attorneys. The role of court‐appointed expert was viewed positively by all three groups and may present a useful alternative to the battles of experts that may result from current practices.
Assessment of sexually abused children with anatomically detailed dolls: A critical review
Authors: Maan Cathy 
Published: June 2007

AbstractThe use of anatomically detailed (AD) dolls is widespread, especially with young children who have been, or may have been, sexually abused. A number of empirical studies have compared the responses of sexually abused and non‐abused children to AD dolls. Additional research has assessed AD doll play among non‐abused children only. Methodological limitations notwithstanding, virtually all empirical data support the use of AD dolls for data gathering in cases of sexual abuse.
Criminal victimization among primary care medical patients: Prevalence, incidence, and physician usage
Authors: Koss Mary P. , Woodruff W. J. , Koss Paul G. 
Published: June 2007

AbstractThe study addressed the extent to which primary care physicians encounter crime victims in their practices. Crime prevalence and incidence rates were calculated from responses to a mailed survey of 2,291 women medical patients (45% response rate). The prevalence of crime victimization was 57%. The 12 month incidence of violent crime was 118 per 1,000 patients. Most notable was the finding that rape incidence was approximately 15 times higher than National Crime Survey estimates for women, even after adjustment for telescoping. Post‐crime physician usage was documented by medical chart review. Although few crime victims required hospitalization for injuries, virtually all made out‐patient physician visits in each of two post‐crime years. The findings suggest that physicians are an important potential source of assistance for traumatized crime victims.
Effects of prior juror experience on jury sentencing
Authors: Himelein Melissa J. , Nietzel Michael T. , Dillehay Ronald C. 
Published: June 2007

AbstractThe effect of prior juror service on jury sentencing was investigated in an archival study of 143 criminal trials resulting in convictions. Trials took place over two calendar years in a state circuit court requiring jurors to serve 30‐day terms. Jurors sentenced defendants in each case according to a set of guidelines determined by trial judges. The severity of the sentences imposed by jurors was rated by 101 subjects on a scale of 1 (least severe) to 100 (most severe). The results indicated that the more experienced juries gave significantly more severe sentences than did the less experienced juries. This finding was unchanged when civil court experience was considered in addition to criminal court experience. Possible interpretations of these results are discussed.
Power imbalances in therapeutic and forensic relationships
Authors: Perlin Michael L. 
Published: June 2007

AbstractThis article examines the ways that power imbalances affect relationships in the forensic mental disability system and between therapists and their clients. It considers the impact of the “dual loyalty” dilemma on forensic relationships, the manner in which courts deal with this dilemma, and suggests several points of commonality that arise around such power conflicts. It also examines recent litigation involving therapeutic relationships, and attempts to extract doctrinal threads from these cases. Finally, it recommends that, in order for the judicial system to attempt to correct any of the underlying imbalances, courts and jurors must openly come to grips with the psycho‐dynamic issues that underlie these imbalances.
Trying to remodel the children and youth service system: Observations about barriers and opportunities
Authors: Sarata Brian , Provorse Dave 
Published: June 2007

AbstractFrom their perspective as participant observers, the authors discuss the initial phase of an attempt to remodel the child/family mental health service delivery system. Conceptualizing families as being at varying levels of risk for dismemberment is seen as: (a) providing a politically viable terminology, (b) permitting each agency to develop a continuum of services tailored to its mandate and clientele, and (c) facilitating legislative efforts to analyze simultaneously the budgets of all those state agencies with major responsibilities for children's services. A planning team endorsed cooperative planning between a state‐level coordinating council and individual locales. Cultural communities were invited to participate in a manner paralleling the planning role of local communities. A model for a free standing case management entity is proposed. The concept of empowerment is discussed as a criterion for multi‐level outcome evaluation.
Obstacles and advocacy in children's mental health services: Managing the Medicaid maze
Authors: Small Mark A. 
Published: June 2007

AbstractOf federal programs available, Medicaid offers the greatest potential for serving children's mental health needs. Obstacles to children receiving services through Medicaid are largely determined by a state's policy of regulating services. State policies affect the delivery of mental health services for children in two ways: first, by determining which services to make available, and second, by specifying the conditions of access to those services. Accordingly, this article focuses on obstacles within states' policies that prevent effective utilization of services by children. Specifically, states' choices of eligibility criteria, services, and the procedural obstacles present within payment options are examined. Suggestions for future research are made.
Out‐of‐home placement of children: Selected issues and prospects for the future
Authors: Schwartz Ira M. 
Published: June 2007

AbstractThis paper describes the recent trends in the child welfare and children's mental health systems and their implications for public policy. Despite the rhetoric calling for preserving families and treating children and youth in their own homes, the best available evidence indicates that the rates of out‐of‐home placement are increasing at an alarming rate. More concerted and comprehensive efforts are needed if this trend is to be reversed in the near future.
Recent research on the relationship between illicit drug use and crime
Authors: Nurco David N. , Hanlon Thomas E. , Kinlock Timothy W. 
Published: June 2007

AbstractThis article reviews research on the relationship between illicit drug use and crime conducted since 1980. Significant advances are noted in studies of the crime of known drug abusers and in studies of the drug use of individuals processed by the criminal justice system. Major conclusions supported by the results of studies of the criminal activity of narcotic abusers are that both a higher prevalence and higher rates of crime are associated with more frequent use of heroin and/or cocaine, although addicts vary with regard to the type, amount, and severity of crime they commit. Rates of lifetime and recent illicit drug use, particularly the use of cocaine, among prisoners, parolees, probationers, and arrestees are high compared to the general population. Issues discussed include the etiology of drug abuse, the effects of treatment and criminal justice interventions on drug use and crime, and drug‐related violence.
The needle‐borne HIV epidemic: Causes and public health responses
Authors: Gostin Larry 
Published: June 2007

AbstractNeedle sharing among intravenous drug users is fueling the modern HIV epidemic. A public health approach to needle‐borne infection has three components: prevention and education, availability of sterile injection equipment, and drug treatment. This essay examines the most controversial aspect of this strategy–sterile needle distribution and exchange. The sharing of drug injection equipment is the critical factor in the transmission of HIV in the drug using population. Sharing is not merely a learned response, but is also the result of a limited supply of needles and syringes. Limiting the supply of sterile equipment results from a policy choice which includes: (i) the adoption of drug paraphernalia statutes which criminalize the possession of equipment with the intention of using it for drug injection; (ii) the adoption of needle prescription statutes which criminalize the sale of needles and syringes without a medical prescription; and (iii) the failure to adopt a comprehensive program for the distribution, exchange, or sterilization of equipment. A public health approach to reduce the needle‐borne HIV epidemic would repeal needle prescription laws, limit drug paraphernalia laws so they apply only to illicit sellers, and establish needle exchange programs with an array of education and drug treatment services attached.
The debate over drug testing in the workplace: A novel opportunity for public scientific education
Authors: Imwinkelried Edward J. 
Published: June 2007

AbstractIn several respects, American evidence law has an anti‐scientific bias. A number of the admissibility and legal sufficiency rules in American evidence law reflect this bias. The assumption underlying the bias is that the typical citizen–‐the potential juror–‐is incapable of critically evaluating technical evidence. The results of national educational tests demonstrate that scientific illiteracy is widespread in the United States. However, the current controversy over drug testing presents forensic scientists with a unique opportunity to educate the average citizen about some of the rudiments of scientific proof. In the course of the debate, the scientific community can help familiarize the American public with such concepts as the limited nature of scientific findings, experimentation as the means of scientific validation, and the importance of proper test protocol. Perhaps more than any other scientific controversy, the debate over drug testing is of intense personal interest to the average citizen. This article pleads with the participants in the drug testing debate to capitalize on that interest and conduct their debate at a high level to aid the citizenry to develop a broader understanding of scientific evidence.
Medicalizing the drug war
Authors: Fishbein Diana H. 
Published: June 2007

AbstractRecent findings in the field of psychopharmacology pertain to the abuse of drugs and alcohol among criminal offenders and have implications for new management techniques. Drugs of abuse exert their effects on areas of the brain responsible for pleasure, providing a powerful reinforcement for drug usage. Furthermore, there is a prevalence of psychological, psychiatric and social dysfunctions that antedate drug use which are identifiable at an early age. It is suggested that drugs of abuse differentially influence users via these biological, psychological and social mechanisms, reinforcing the development of serious and chronic abuse in a vulnerable subgroup. Studies of drug abuse specially indicate that within this subgroup, antisocial behavior precedes and exacerbates drug abuse, and multiple risk factors contribute to the concomitant development of criminality and drug abuse. Early detection and comprehensive treatment of underlying disorders that may both precipitate and result from drug abuse promise to improve possibilities for prevention and reducing relapse rates. Furthermore, the inclusion of pharmacologic treatments may further enhance the success of conventional drug treatments. This article proposes that incorporating scientific data and medicalizing our approach to drug abuse is essential to win the war against drugs.
Enter the prenuptial: A prelude to marriage or remarriage
Authors: Kaslow Florence 
Published: June 2007

AbstractAlthough prenuptial agreements have existed in the United States for many decades, they did not catapult into the public foreground during the courtship/engagement/just before marriage or remarriage stage of the life cycle until the 1980s. In the past decade, this particular kind of document has received a great deal of attention in the media, in lawyers' offices, and in courtrooms. This article explores the raison d'ěre of antenuptials and their psychological, familial, and legal ramifications. Some guidelines are offered to defuse the high anxiety they arouse in some individuals as well as to provide signals as to when the contents of the prenuptial herald “danger” ahead. The potential positive aspects of both psychosocial prenuptial accords and legal prenuptial agreements are explored as is the role of the psychologist as therapist or “mediator” when a prenuptial is in the offing.
Parent interaction after divorce: Comparison of mediated and adversarial divorce processes
Authors: Kelly Joan B. 
Published: June 2007

AbstractThe interactions and perceptions of two groups of divorcing parents using different dispute resolution processes were compared at final divorce and at 1 and 2 years post‐divorce. Using objective and standardized measures, the effectiveness of a comprehensive divorce mediation process was contrasted to the more customary two attorney adversarial process. The 153 parents at final divorce were part of a larger, longitudinal study of 435 divorcing men and women who were followed from the beginning of divorce to 2 years post‐divorce. Parents in the divorce mediation group reported less conflict during the divorcing period, and less conflict, more contact and communication, and a more positive attitude toward the other parent at final divorce, results which remained significant after controlling for several baseline group differences. The majority of differences favoring the mediation intervention continued through the first year after divorce, and disappeared by the 2 year post‐divorce data collection. The nature of the mediation process is discussed in relation to these parental behaviors and attitudes.
Psychological effects of custody disputes on children
Authors: Wolman Richard , Taylor Keith 
Published: June 2007

AbstractThis two‐group, repeated measures examination of the psychological impact of child custody contests on children reports a subset of data from an ongoing longitudinal study of 95 children and their parents from 43 divorcing families. The authors report clinical observations concerning children's experience of custody litigation, as well as comparisons of baseline and post‐test responses of contested and uncontested groups on measures of locus of control, separation anxiety and family concept. Contested children exhibited significantly greater internality of control orientation than the normative sample. Contested children's test scores also suggested significantly less separation anxiety and significantly more positive family concept than the uncontested group at post‐test. The implications of these unanticipated findings are discussed.
Impact of joint versus sole custody and quality of co‐parental relationship on adjustment of adolescents in remarried families
Authors: Crosbie‐Burnett Margaret 
Published: June 2007

AbstractThe effects of legal custody arrangement and quality of the co‐parental relationship on the adjustment of adolescents in remarried families was examined. Joint custody was associated with better relationships with step‐parents and more family cohesion. Girls in sole custody families and boys in joint custody families reported high anxiety. Girls in sole custody families reported the remarriage to have a negative effect on their relationships with their custodial biological parents. Hostility in the co‐parental relationship was associated with more loyalty conflicts and more increase in psychosomatic and psychosocial problems around the time of the remarriage.
Sexual abuse allegations in divorce and custody disputes
Authors: Wakefield Hollida , Underwager Ralph 
Published: June 2007

AbstractChild sexual abuse allegations arising during divorce and custody conflicts are complicated and difficult. Most professionals believe that the highest percentage of false allegations occurs in this circumstance, but there is disagreement over just how many of these allegations are false. In evaluating cases of suspected sexual abuse, the professional must remain open and objective, carefully examine each case, and take an empirical stance. Assessment and evaluation must be done with rigorous adherence to the highest standards of the profession, and professionals must attend to the characteristics of real versus false allegations. They must not immediately dismiss an allegation as false because the parents are in the midst of a divorce but must also guard against presuming guilt and aligning themselves with the reporting parent's agenda.
A review and critique of honesty test research
Authors: Guastello Stephen J. , Rieke Mark L. 
Published: June 2007

AbstractThis paper reviews and critiques research pertaining to the three most commonly used honesty tests. Honesty tests, sometimes called integrity tests, purportedly predict theft by employees. Secondary analyses were performed to remove the effect of faking good from validity coefficients with various self‐report criteria, and to supplement other analyses. The honesty tests were found to have: (a) virtually no foundation in personality or attitude theory, (b) a corrected average correlation of 0.08 with objective indices of theft (95′/0 confidence interval: 0.03 < r < 0.14), (c) a Taylor‐Russell utility of approximately 1% above base rate of success, and (d) a false positive rate of 0.44 if only nontrivial thefts are considered. The honesty tests reviewed are of such marginal validity (less than 1% of the criterion variance accounted for) that their continued use in preemployment settings is seriously questioned. The comparability of these review results with those of other reviewers is discussed along with the social and legal implications of honesty testing.
General population and institutional elite support for social control of new religious movements: Evidence from national survey data
Authors: Bromley David G. , Breschel Edward F. 
Published: June 2007

AbstractThe cult controversy has now spanned two decades. New religious movements clearly have engendered considerable opposition, but there is relatively little information concerning the impact of the cult controversy on public opinion. This article reports on the results of a national survey of both the general public and institutional elites. Support for four specific forms of social control was assessed. The results indicate considerable support for controls among the general population but lower levels of support among institutional elites. The least support is observed for blocking publication of the Unification Church sponsored Washington Times and the greatest support is registered for prohibiting proselytization of teenagers by all new religious groups. The findings are helpful in interpreting the outcome of the cult controversy to date and suggest that the potential for redrawing church‐state boundaries remains.
Adults sexually abused as children: Legal actions and Issues
Authors: Bulkley Josephine A. , Horwitz Mark J. 
Published: June 2007

AbstractThis article first briefly discusses the problem of delayed memories and long‐term effects of child sexual abuse and the current trend to bring civil lawsuits or criminal prosecutions for childhood sexual abuse. The article addresses the primary obstacle to such actions—the statute of limitations—which in most states places a time limit on when legal actions can be commenced. It describes the purpose of the statute of limitations and the need for changing or extending it in child sexual abuse cases; it then summarizes and analyzes the methods used by state legislation and judicial decisions to change or extend the statute of limitations in both criminal and civil actions. The article examines the pros and cons of bringing legal actions for child sexual abuse many years later, and concludes with a discussion regarding the current debate about the accuracy and authenticity of long‐term memory and the advisability of legal reforms to extend or eliminate the statute of limitations in this area.
Counterfactual thinking in mock juror assessments of negligence: A preliminary investigation
Authors: Wiener Richard L. , Gaborit Mauricio , Pritchard Christine C. , McDonough Erin M. , Staebler Caryn R. , Wiley Deane C. , Goldkamp Kristen S. 
Published: June 2007

AbstractThis Research Report presents an initial attempt to apply the theory of counterfactual thinking to study the cognitive processes that underlie judgments of negligence. Subjects reviewed a summary of an appellate case involving a work accident and listed all the ways in which the accident could have been undone (mutated). Participants' evaluations of the defendant's behavior were influenced by the ease of mutation of the negligent act and other mutations of the defendant's behavior, but not by the number of mutations of the plaintiffs conduct. Exploratory path analysis suggested that counterfactual thinking may have its greatest impact not as a direct influence on verdicts and damages, but rather as an indirect influence impacting verdicts through lower level judgments about the normality of the defendant's behavior and the standard of care. The results also suggest that contrary to the law, subjects base their negligence verdicts on assessments of normal care along with due care.