The professional responsibility of lawyers: emotional competence, multiculturalism and ethics

Traditional legal education and the Socratic method it utilises are by and large successful at training lawyers to think, reason and analyse. The cultivation of lawyers' intrapersonal and interpersonal skills, however, has been, at best, neglected by the profession. All lawyers, like all human beings, are emotional. Emotions affect who they are and how they practise law, whether or not they are conscious of them. As emotions cannot be removed from the practice of law, it is essential that lawyers learn to understand and manage their emotions, as well as learn to be attuned to their clients' emotional lives. Ignorance of concepts such as countertransference, denial and unconscious bias adversely impact the lawyer-client relationship. Lawyers who understand basic psychological principles and behaviours, who are aware of their own psychological makeup, understand their cultural perspective and recognise and credit their clients' differences, will enhance their effectiveness as counsellors. The client whose lawyer has these competencies will enjoy a therapeutically superior counselling or representational experience. The neglect of either the lawyer's or the client's emotional life threatens to sabotage the lawyer's ability, and thus professional responsibility, to render competent and impartial legal advice. Through drawing parallels to the training and practice in other counselling disciplines and relationships, this article argues that psychological-mindedness and multicultural competence are essential elements of ethically responsible legal representation.     

First do no harm: a look at correctional policies and programs today

Objectives

This paper reviews the historical changes in correctional policies and the impact these changes have had on the operations of corrections and correctional programs. Social changes and theoretical perspectives moved corrections away from a focus on rehabilitation to programs characterized by deterrence, incapacitation, and control. Similarly, theoretical criminology encouraged corrections to move away from rehabilitation towards programs designed to provide social opportunities such as employment and housing for offenders. This paper examines whether these changes in policies and programs have been effective in reducing recidivism. The question is: What works in corrections?

Methods

This paper reviews the research examining the impact of correctional policies and programs on the later criminal activities of offenders and delinquents. Research using systematic reviews, meta-analyses, and the Maryland method scores is used to draw conclusions about the effectiveness of various types of programs, management strategies, and policies.

Results

Research demonstrates programs based on deterrence, incapacitation and increased control do not reduce the future criminal activities of offenders and delinquents. Nor have programs targeting social opportunities such as employment and housing been effective in reducing recidivism. The most effective programs target individual-level change in thinking and information processing.

Conclusions

In the search for ways to sanction offenders, U.S. correctional policies and programs using control, deterrence, and incapacitation have harmed individuals and communities. Such programs have not been effective in reducing recidivism. While programs that provide social opportunities for offenders do not necessarily harm offenders neither do they decrease later criminal activities. Effective programs bring about a cognitive transformation in offenders and delinquents. Theorists have begun to develop hypotheses about how and why these transformations are effective. The current emphasis on evidence-based programs, the research evidence on what is effective and the need to reduce the cost of corrections suggest we are on the brink of another paradigm change. Where this will take us is still unclear, but the paradigm will have to address the current problems facing the U.S. correctional systems.     

University Technology Transfer: Do Incentives, Management, and Location Matter?

University technology transfer activities are increasingly important as a source of regional economic development and revenue for the university. We use regression analysis, a two-stage model and the most recent data to examine the determinants of technology transfer. Our analysis strongly support four factors, not previously examined in the literature, enhancing university technology transfer: greater rewards for faculty involvement in technology transfer, location of the university in a region with a concentration of high technology firms, a clear university mission in support of technology transfer and the experience of the university's technology transfer office.     

Barcelona 2002: law, ethics, and human rights. "I have no watch, but I haven't missed a dose"

Anyone who was fortunate enough to hear Fred Minandi speak in Barcelona must have been moved by what he had to say. Mr Minandi is a person living with HIV/AIDS from Chiradzulu, Malawi, who spoke at Time to Treat: Transforming AIDS Treatment from Right to Reality, a satellite meeting of the XIV International Conference on AIDS held on 7 July 2002, and sponsored by Médecins Sans Frontières (MSF) and the Health Global Access Project. His presentation is a passionate, first-hand account of how antiretroviral therapy has transformed lives, how it has given hope to people, how it has helped to reduce the stigma against AIDS in his community, and how it has contributed to prevention efforts.     

Values ethics and legal ethics: the QLD and LETR Recommendations 6, 7, 10, and 11

The Legal Education and Training Review (LETR) Report recommended increased attention to ethics and values and to critical thinking. These aims could be achieved jointly through teaching ethical thinking: not as theory but as part of developing the capacity for ethical conduct. Such a pedagogy has the potential to become a qualifying law degree (QLD) signature pedagogy supporting “life-narratives” of students. The LETR Report recommends a review of the QLD emphasising legal values and ethics. Concern with values and ethics is linked to concern with professional conduct. Maintaining the law degree as a general or liberal qualification is also strongly desired. These potentially conflicting drivers generate ambivalence towards legal ethics as a subject for study, especially if legal ethics are perceived as teaching the professional codes.

Resolution of this tension is achievable through recognising the potential role of ethical teaching as part of an identity apprenticeship. Developing ethical character is as much a liberal as a professional aim. Ethics teaching can play an integrative role in the QLD. Formation of student identity is a central part of higher education taking colouration from being situated in legal education. In this context teaching legal ethics becomes the use of a salient example for carrying out the broader project of developing ethical capacity.     

Hear no evil, see no evil, speak no evil: the unsightly Milosevic case

To ignore evil is to cause it to cease to exist, thought the ancients, and so, perhaps, think those who accuse former leaders of now dismembered countries, no longer in existence, of war crimes, and who would prevent those they accuse of raising the aggression which was committed against their country. Can the evil of aggression be willed out of existence if it goes unmentioned, and if international ad hoc bodies do not consider it a crime within their jurisdiction? And if the defendant is gagged, if judgments permit him to be removed from the courtroom altogether, will we be free from having to see and hear the evil he persistently identifies, and for which he points out there will be no justice? The Milosevic trial has been underreported to the point where “speaking evil” – that is, expressing criticism of the persistent procedural irregularities that have plagued the proceedings, and indeed the outright erosion of fair trial rights (heralded as “progress” in some quarters) – has become a demanding exercise. It is one we attempt here.     

Depression, responsibility, and criminal defenses

The concepts of voluntary action, agency, free will, and responsibility, while central to moral and legal institutions, are generally poorly understood. Philosophers of law such as H.L.A. Hart, Joel Feinberg, and Robert F. Schopp have contributed significantly to understanding of these concepts through their work on the foundations of criminal defenses, including excuses based on mental illness. In this paper, I summarize and present their valuable insights, in the context of an argument (influenced by personal experience) that clinical depression, even when non-psychotic, may in some cases constitute a legitimate excuse for criminal or otherwise immoral failures to act.     

Stem cell frontiers: science, ethics and regulation

The isolation of human stem cells and the cloning of "Dolly" in the late 1990s, based on primate and other animal studies in the previous 20 years, created an explosion of interest that continues with daily reports in much of the world's press. The science has progressed steadily but not always smoothly, with promising discoveries in the potency and flexibility of cells derived from embryonic, umbilical cord and adult tissues. The promise of a revolutionary new era in health and medical sciences and systems requires careful scientific method, ethical debate and supportive legal and regulatory frameworks to achieve success. The frontiers of the science are focusing on the regulation of cell lineage choice and the development of designer stem cells for therapeutic cloning; the ethical debate focuses on the special status of the human embryo and the pathways to applications; while legal and regulatory frameworks differ around the world. There is some risk that the promises are overtaking the reality of progress, with the rush for results and premature offering of dubious remedies compromising scientific method and credibility. Stem cells should not be the snake oil of our times, nor should short cuts and short sell promises, fuelled by illusions of fame and fortune, risk the trust of the public in science and medicine.     

Character,purpose, and criminal responsibility

This paper explores analyzing criminal responsibility from the Humean position that blame is for character traits. If untoward acts indicate undesirable character traits, then the agent is blameworthy; if they do not, then the actor is not blameworthy — he has an excuse. A distinctive feature of this approach is that that voluntariness of acts is irrelevant to determining blameworthiness.This analysis is then applied to a variety of issues in criminal law. Mens supports inferences to character traits, and the Humean approach provides a reason for rejeting strict criminal liability. The Humean approach also helps resolve a number of issues about attempts, such as punishment for impossible attempts and the defense of abandonment. It also supports the broad outlines of the defense of mistake and provides a third alternative in the Wooton-Hart debate over punishment and treatment.