Psycholegal Assessment of Co-occurring Chronic Pain and Schizophrenia Post-MVC: Analysis of Causation Using Two Case Examples

The key aspect of any psycholegal assessment is the analysis of causation, which requires consideration of important legal constructs such as the but for test, material contribution test, thin skull, and crumbling skull. An analysis of causation can be especially helpful in determining overall liability when evaluating the impact of two major co-occurring conditions. This paper focuses on the utility of conducting an analysis of causation using two case examples in which chronic pain and schizophrenia co-occurred following a motor vehicle collision (MVC). Collision-related injuries often lead to the development of chronic pain and could result in permanent and serious impairment and disability. Schizophrenia is a rare psychological occurrence in the collision context and is associated with its own unique and overwhelming physical, psychological, and cognitive challenges. In the psycholegal context, evaluating the impact of two major co-occurring conditions can be problematic and lead to conceptual challenges. In the two cases presented, some assessors attributed nearly all post-collision changes to schizophrenia as if it were pre-existing or in a latent state and failed to assess or even consider the contribution of MVC-related sequelae to the onset of schizophrenia. As part of addressing these conceptual challenges, we present a model of psycholegal assessment that takes into account the pre-, peri- and post-MVC variables that best explain the occurrence of these two conditions. The model also allows the assessor to determine the current and future needs of injured persons, the permanent physical, psychological, and cognitive sequelae that impact quality of life and/or work, and prognosis for the near and distant future.     

LEGAL AND PSYCHOLOGICAL MANAGEMENT OF CASES WITH AN ALIENATED CHILD

Cases entering the family court with an alienated child require intensive and coordinated case management to intervene effectively. It is critical to link the authority of the court with the delivery of mental health services to address the complex systemic factors that may entrench a chilďs unwarranted rejection of a parent. This article provides principles of legal and psychological case management for families with an alienated child, followed by various structural interventions, including sample court orders, for managing these cases as they progress through the family court process. Finally, criteria for making custody recommendations in the most severe cases of child alienation are provided.     

Forensic Assessment of Adults Reporting Childhood Sexualized Assault: Risk,Resilience, and Impacts

Though childhood sexualized assault (CSA) increases risk for varied psychological difficulties, no single condition, syndrome, or set of difficulties is reliably associated with such experiences. CSA likely disrupts or impairs normal development in complex ways that depend on the risk and resilience factors present before, during, and after CSA. CSA characteristics that increase risk for later difficulties include young age, trauma inflicted by another person, number of occurrences, violence or intrusiveness, betrayal of trust, adverse peri-traumatic reactions, negative reactions from others following disclosure, and a context of previous sexualized assault or maltreatment. Resilience increases with positive self-esteem, better intellectual functioning, good self-control, positive social support, and early therapeutic intervention. CSA is associated with impaired psychological development, mental health disorders, behavioural and relationship difficulties, physical health problems, reduced intellectual function, lower educational achievement, lower occupational attainment, and reduced lifetime income. Any particular difficulty may be problematic in its own right and may also contribute to other difficulties in the interlocking domains of individual abilities and attributes, relationships, and significant life activities. In individual forensic assessment cases, general evidence on CSA risk/resilience and impacts can be used in combination with the lifespan developmental analysis (Barnes & Josefowitz, Psychological Injury and Law, 2014), to determine whether and how CSA contributed to psychological injuries.     

鉴定人出庭作证新论——兼论新《刑事诉讼法》的相关条款

近年来,刑事诉讼中诸多冤假错案暴露出有瑕疵的鉴定意见造成法官对案件事实认定错误的问题,使鉴定人不出庭现象备受指摘,各方要求鉴定人出庭的呼声不绝于耳。然而,鉴定人出庭作证必须以案件具备其出庭必要性为前提,在鉴定意见质证机制尚未完善之前,如若忽视质证效果而一味强调鉴定人出庭,无异于叶公好龙。深刻洞察制约鉴定人出庭之因素,理性评估出庭作证之效果,客观认识质证功能虚化之成因,才能有助于鉴定意见的审查判断,科学构建鉴定人出庭作证的机制。     

Risk Factors for Family Abduction: Demographic and Family Interaction Characteristics

Previous research in the study of family abduction has been plagued by three problems in efforts to establish risk factors for the experience of these events: (1) failure to use appropriate comparison groups; (2) focus on only the most severe cases of abduction, without consideration of the full spectrum of these events; and (3) use of data drawn only from some “reported” source (i.e., police, court, or missing children agency reports). This paper addresses these three methodological difficulties, using data drawn from a national sample of families, and including both abducted and nonabducted children. We find that race, age of children, family size, and incidence of violence in the family all appear to bear on the risk of experiencing a family abduction event. Further, recency of divorce or separation appears to be associated with the risk for more serious or alarming cases of family abduction.     

网络案件中美国法院的长臂管辖权

在分析研究了美国法院将传统长臂管辖权理论运用于网络案件的有关实践后 ,作者指出 :尽管网络案件有其特殊之处 ,对传统的管辖权提出了一定的挑战 ,但不应夸大其对传统管辖权的冲击 ,传统的管辖权规则仍可适用于网络案件 ;就网络案件管辖权模式而言 ,强调物理联系因素的欧洲模式难堪重任 ,而强调被告是否与法院地间形成了某种程度的联系 ,根据企业所使用的语言、货币、法律选择、拒绝交易声明以及实施特定交易等 ,考察被告的活动是否针对法院地 ,是否与法院地形成了某种“有意利用”关系的美国模式更符合管辖权模式的未来发展趋势。     

Battered women who kill their abusers: an examination of commonsense notions, cognitions, and judgments

It has been argued that battered women who kill their abusers represent a special class of defendants being unfairly treated in the legal system. As a result, commentators have argued for reforms to permit the judicial system to respond more fairly. Researchers have investigated the influences of these prescribed legal modifications and the possible influence of various demographic and psychological factors on legal reforms. However, social scientists have not yet asked some fundamental, psychological questions. Is the law consistent with what society believes is right and just? Is there a commonsense notion of justice in these cases? What factors constitute cognitive decision rules and influence judgments in cases of battered women who kill their abusers? This study uses a basic, psychological method to identify psychological factors that are important in judgments regarding battered women who kill and to better understand commonsense notions of justice in these cases.     

An At‐Risk Profile of Probation Supervised Youthful Offenders in a Rural,Midwest County: Significant Gender and Race Differences

There have been multiple risk factors identified that lead to youth delinquent behaviors and activities. These risks are family, school, peer, disability, and neighborhood related, though the studies to date have primarily focused on larger urban juvenile court jurisdictions. This exploratory study of one rural juvenile court (in Ashtabula County, Ohio) furthers these risk factor investigations through the evaluation of 91 randomly selected, adjudicated delinquent youth (supervised in 2008 and 2009). Data on 23 risk factors was collected, with further analysis of significant gender and race differences. Key results were that a majority of youth experienced poverty and lived in a one‐parent family; 40% had a mental health or substance abuse problem; 25% were in need of special education disability services; males were much more likely to have school‐related difficulties and to commit felony offenses; females had significantly more mental health and substance abuse problems; and minority youth successfully completed probation more often.     

Healed Depressed Parasagittal Skull Fractures—A Feature of Archaic Australian Aboriginal Remains

The skeletal remains of eight Australian Aboriginals with healed depressed skull fractures were examined. Male:female ratio 5:3; age range 20‐60 yrs. Burial dates by ¹⁴C dating in three cases were 500 years BP (n = 2) and 1300 BP. There were 13 healed depressed skull fractures manifested by shallow indentations of cortical bone and thinning of diploe, with no significant disturbance of the inner skull tables. Nine (69%) were located within 35 mm of the sagittal suture/midline. These lesions represent another acquired feature that might be helpful in suggesting that a skull is from a tribal Aboriginal individual and may be particularly useful if the remains are represented by only fragments of calvarium. While obviously not a finding specific to this population, these healed injuries would be consistent with the possible results of certain types of conflict behavior reported in traditional Aboriginal groups that involved formalized inflicted blunt head trauma.     

Victims' influence on intimate partner violence revictimization: an empirical test of dynamic victim-related risk factors

Research has reported that not only characteristics of the perpetrator but also characteristics of the victim influence risk for intimate partner violence (IPV). This would suggest that prevention of repeat abuse could benefit from a focus on both perpetrator and victim characteristics. Knowledge on factors that are within victims' sphere of influence is important because a focus on victim characteristics can help victims to take control of their situations and can thereby empower them. Dynamic victim-related factors are most relevant here as these are factors that can be changed or improved, in contrast to unchangeable static factors. Surprisingly, however, little is known about how victim-related factors affect risk for revictimization of IPV. The current study was conducted among a Dutch sample of 156 female, help-seeking IPV victims. The aim was to examine to what extent prior IPV and, in particular, dynamic victim-related factors influence risk for future IPV. In accordance with the models articulated by Foa, Cascardi, Zoellner and Feeny, we studied how the three key factors from their models-partner violence, victims' psychological difficulties, and victims' resilience-related to risk for IPV revictimization. Results provide support for several key factors (partner violence and victims' psychological difficulties) and, moreover, show which victim-related factors contribute to revictimization risk above and beyond the influence of prior violence committed by a partner against the victim (i.e., victims' prior IPV victimizations). Findings are discussed in terms of recommendations for practice and future research.     

Children of Alcoholism: Implications For Juvenile Justice

Alcoholism and drug addiction affects the entire family. At least 22 million Americans have been raised in an alcoholic environment. Parental alcoholism and/or addiction can have profound emotional and psychological scars on the children. These homes are often characterized by emotional and or physical insecurity, loneliness, terror and inconsistency. The children from these homes often are extremely insecure have low self-esteem, and have a variety of emotional problems. Adolescents from addictive homes are over-represented in juvenile court as status offenders, delinquents and abuse and neglect cases. This article will discuss this issue and implications for the juvenile justice system and personnel working with these youth     

FAMILIES,COURTS, AND THE END OF LIFE: SCHIAVO AND ITS IMPLICATIONS FOR THE FAMILY JUSTICE SYSTEM

The article discusses a proposed universal adoption of comprehensive family law subject matter jurisdiction, inclusive of end‐of‐life (EOL) cases, as articulated in the unified family court (UFC) concept. It posits, using the Schiavo matter to illustrate the difficulties inherent in EOL disputes, that contested EOL cases are unlike other civil court cases in that they involve intimate facts and emotionally laden family dynamics. As such, these cases pose a distinctive challenge for the courts. The article suggests that contested EOL cases should be heard in a UFC because UFCs include alternative dispute resolution (ADR) protocols to deescalate family strife with the goal of facilitating out‐of‐court settlements and that litigation is an imperfect solution for an EOL dispute. It is also noted that judges presiding in UFCs are more experienced in handling fractious family matters and thus they are more likely to avert protracted litigation if the matter is not settled via ADR.     

证据保管链制度研究

证据保管链制度要求建立自侦查阶段收集证据至审判阶段将证据提交法庭的完整记录体系;除少数例外情形,所有接触证据的人员都必须出庭作证。这一制度对规范侦查、起诉人员收集、运输、保管证据等行为,协助法官和辩护方审查判断证据的真伪,都具有极为重要的意义。我国刑事诉讼法只要求对证据的收集进行记录,而不要求对证据的运输、保管、鉴定等也进行记录,更不要求接触证据的人员出庭作证;这对保障实物证据的证明力极为不利。我国在未来立法时有必要借鉴域外经验,建立系统的证据保管链制度。     

法院审理认罪认罚案件疑难问题研究

认罪认罚从宽制度的广泛适用,进一步促进刑事案件审判活动的繁简分流,提升刑事审判效率,但也在挑战着传统的刑事审判规则。作为行使刑事审判权力的国家机关,法院在审理认罪认罚案件过程中,存在法检关系、审理程序、庭审内容、应对上诉方式等方面的转变,同时,还面临精准量刑难以推进、程序效率价值不明、庭审实质效果不足、对上诉权制约无力等方面的难题。对此亟需通过科学的顶层设计,提升法院适用认罪认罚从宽制度的综合质效,其举措应包括但不限于:限定精准量刑的适用条件、健全分案和程序转化规则、明确庭审的审理重点和审理方式、确定并规范专门的上诉程序。     

Intimate partner violence perpetration by court-ordered men: distinctions among subtypes of physical violence, sexual violence, psychological abuse, and stalking

This study continues previous work documenting the structure of violence perpetrated by males against their female intimate partners. It assesses the construct validity of a measurement model depicting associations among eight subtypes of perpetration: moderate physical violence, severe physical violence, forced or coerced sexual violence, sexual violence where consent was not possible, emotional/verbal psychological abuse, dominance/isolation psychological abuse, interactional contacts/surveillance related stalking, and stalking involving mediated contacts. Data were obtained from a sample of 340 men arrested for physical assault of a female spouse or partner, and court ordered into batterer intervention programs. Men were surveyed before starting the intervention. Confirmatory factor analyses (CFA) supported the validity of model as evidenced by good model to data fit and satisfaction of requirements for fit statistics. In addition, the eight factor solution was characterized by a slightly better model to data fit than a four factor higher order solution described in the author's previous work. Latent variable correlations across the broader categories of intimate partner violence (IPV) revealed that the violence subtypes were mostly moderately positively correlated and ranged from .381 (emotional/verbal psychological abuse with interactional contacts/surveillance related stalking) to .795 (dominance/isolation psychological with abuse with forced sex). Future studies should determine whether there are distinct risk factors and health outcomes associated with each of the eight IPV perpetration subtypes and identify possible patterns of co-occurrence.     

Predicting juvenile delinquency: A review of correlates and a confirmation by recent research based on an integrated theoretical model

This study is an exploration of the effects of setting cases for trial in a court that permits jury trials for juveniles. Although few cases actually go to trial, cases set for trial have an impact on juveniles and the court. The study reported here is based on data from a study of 710 youths upon whom delinquency petitions were filed in a suburban court in 1980. Of these youths, 94 had cases set for trial and 7 actually went to trial.

The first part of the article gives a brief historical perspective on the juvenile right to jury trial, discusses why defense attorneys set cases to trial, and describes some of the difficulties in measuring the impact of jury trials. The second part reports on the impact of trial setting in “Suburban Court” on case outcomes and case processing time. A partial correlation analysis shows that there is no significant association between setting a case for trial and either adjudication or final disposition, even when other factors are held constant. Setting a case for trial has a significant association with long case processing times, however. Cases set for trial take almost twice as long as other cases to move from filing to adjudication.     

An analysis of traditional rules applied by Australian courts to establish personal jurisdiction and their application in e-commerce

This article analyses the jurisdictional principles employed by Australian courts in establishing personal jurisdiction in traditional settings and its extension to e-commerce cases. The Australian courts apply the court rules to exercise personal jurisdiction over defendants. The article discusses these rules relating to serving process within and outside Australia and jurisdiction based on the submission of the parties. The adequacies of principles like forum-non-conveniens, forum selection clauses which are vital in the personal jurisdiction inquiry are analysed. The unique High Court decision in Dow Jones v. Gutnick is discussed and the approach followed by the court critically analysed to highlight the excessive exercise of personal jurisdiction. Other cases concerning the internet are also discussed to highlight the approaches followed to establish personal jurisdiction in internet and e-commerce cases. It is argued that the drawbacks highlight the need for legislation to regulate personal jurisdiction in e-commerce cases.     

A CRITICAL EXAMINATION OF THE SUITABILITY AND LIMITATIONS OF PSYCHOLOGICAL TESTS IN FAMILY COURT

Psychologists are frequently consulted by the courts to provide forensic evaluations in a variety of family court proceedings. As part of their evaluations, psychologists often use psychological tests to assess parents, guardians, and children. These tests can have profound effects on how psychologists arrive at their opinions and are often cited in their reports to the court. However, psychological tests vary substantially in their suitability for these purposes. Most projective tests in particular appear to possess little scientific merit for evaluations within family court proceedings. Despite these serious limitations, expert testimony derived from evaluations using both projective and objective tests is often admitted uncontested. This article reviews the psychometric properties of psychological tests that are widely used in family court proceedings, cautions against their unfettered use, and calls upon attorneys to inform themselves of the limitations of evaluations that incorporate these tests.     

Efficiency of 'Simple' Liability Rules When Courts Make Erroneous Estimation of the Damage

The literature on liability rules shows that the damage awards under a liability rule affect the efficiency of the rule. One crucial factor that could affect the damage awards and therefore the efficiency characteristics of liability rules is the error made by a court while estimating the harm suffered by the victims. In this paper efficiency property of what we label as 'simple' liability rules when courts make errors in estimation of the damage is studied in a unified framework. The paper provides a characterization of efficient simple liability rules and shows that the biased court errors act to change the efficiency characterization of simple liability rules. A necessary and sufficient condition for a simple liability rule to be efficient in the presence of upper-biased court errors is provided. The analysis is carried out in a quite general framework.