PPOs: the employer perspective

This paper reports the results of a national survey on employer experiences with preferred provider organizations (PPOs). The survey, conducted in 1987, included information from almost 700 telephone interviews with employee benefit managers. We found that 11 percent of employees are in PPOs. PPOs now have a strong presence among employers of all sizes. However, whereas they are a major force in the West, where almost one-third of employees are members, they have garnered only a 1 percent market share in the East. We examine the impact of PPOs on health insurance premiums and on employer satisfaction. The results show that in 1987, the year of the survey, PPOs appeared to provide mild cost savings compared to conventional insurance, and that employers were very satisfied with almost all aspects of PPOs, whereas they were surprisingly critical of their HMOs.     

The judicial response to crime and the criminal: A utilitarian perspective

This paper examines the hypothesis that the sentencing decision of the criminal court is consistent with utilitarian principles and that the judiciary uses the length of incarceration as an instrument for the maximization of societal well-being. A theoretical model is developed, whose principal arguments are offender and offense attributes, resource costs, the availability of alternative sanctions, and the general crime rate. Four questions are considered: (i) How does a utilitarian court respond to a general increase in crime? (ii) How does the availability of alternative sanctions affect the length of incarceration ? (iii) How does a utilitarian court respond to offenders who are more likely to recidivate? (iv) How does the court respond to offenders who commit more serious offenses? The model is empirically evaluated, using cross-sectional data for the state of Georgia for individuals sentenced to prison in 1978 for a UCR index offense. The theoretical model provides few specific behavioral rules for the court to follow. Answers to the foregoing four questions are shown to depend upon both the efficacy of sanctions and the cost of the administration of those sanctions. It is not possible to predict, for example, how a utilitarian court should respond to a rise in crime or how it should respond to offenders who are likely to commit more serious offenses. The empirical analysis shows that, in fact, the sentence length varied inversely with the general offense rate, with the likelihood of imprisonment, and with the length of postprison probation. The evidence also indicates that sentences vary with the individual's original record but not with the offender's age or race. With the exception of possible gender bias, the court's sentencing behavior was consistent with utilitarian principles.     

Continuing barriers to women's credibility: A feminist perspective on the proof process

This article is an expanded version of a paper presented at the Society for the Reform of Criminal Law Conference on Reform of Evidence Law, Vancouver, British Columbia, Canada, August 3–7, 1992.     

Context matters: Alibi strength varies according to evaluator perspective

Purpose . The nascent field of alibi evaluation research has produced interesting and inconsistent findings. We focus on a heretofore unexamined variable that may play a critical role in alibi evaluation: context. Specifically, two experiments tested the hypothesis that the same alibi can be evaluated differently when presented in the context of a police investigation vs. criminal trial. Method . In Study 1, 101 college participants evaluated an alibi in one of three contexts: police investigation, criminal trial, or a control condition devoid of specific legal context. Dependent measures included ratings of alibi strength and credibility, as well as the likelihood that the suspect was guilty. In Study 2, both context and the presence of a corroborating witness were varied in a scenario presented to 139 college participants. Results . Across studies, an alibi was rated as stronger in the police investigation vs. trial context, consistent with the prediction that the fact that a case has proceeded to trial implies to perceivers that the alibi is relatively weak. In Study 2, an alibi was deemed stronger when corroborated vs. uncorroborated, but this difference was only significant in the police investigation context. Conclusions . If alibi research is to fulfil its promise for legal and policy implications, a clearer understanding of the variables that influence alibi evaluation must be developed. The present results illustrate the importance of context in this investigation, suggesting that two researchers studying evaluations of the same alibi may arrive at different conclusions based on the simple framing of the experimental task.     

Society's retributive response to juvenile violence: A developmental perspective

Examines theoretical and empirical challenges to a national trend toward increasingly punitive determinate sentences in juvenile court, and automatic transfer of juveniles to criminal court, for homicides and other serious violent offenses. Theory and research in developmental psychology, criminology, and child clinical psychology and psychiatry are examined, with special attention to (a) decision-making by adolescents; (b) characteristics of adolescents who commit homicide; and (c) adolescents' recidivism and potential for rehabilitation. Theoretical support is found for promoting legal responses to adolescent violent offenders that are different from those for adult violent offenders, arguing against determinate sentences based on the offense alone. Empirical support, however, is limited by the lack of relevant systematic research, for which specific recommendations are offered.     

Measuring attitudes toward grievance systems: A procedural justice perspective applied to the workplace

Contractual grievance procedures have long been utilized in union-management relationships to resolve workplace disputes. Little research attention, however, has focused on determining unionized workers' perceptions of and attitudes about such procedures. This study develops an instrument designed to measure worker attitudes toward the grievance procedure (ATGP). The survey items and conceptual framework are based on prior research in the areas of administrative and procedural justice. Employing a national sample (N=1080) from a single union, the results support a multidimensional attitudinal measure. Four key dimensions of workers' assessment of the grievance procedure were found: (i) Fairness, (ii) Effectiveness, (iii) Representation, and (iv) Importance. The structure of the measure was stable across identified sub-groups in the sample. Some differences in the attitudinal assessment on the four dimensions emerged depending upon union office holding and the grievance-filing experience of the respondents. Last, potential future applications of the instrument are discussed.     

Poppy seed ingestion: the Oregon perspective.

Numerous articles have been published regarding the positive morphine and codeine urinalysis results from the ingestion of poppy seeds. Oregon's perspective towards ingestion of controlled substances focuses around driving under impaired conditions. To determine the influence of the residual opium on poppy seeds to impairment, seven volunteers each ingested 25 grams of poppy seeds baked into bundt cakes. Urine samples were screened by EMIT using 300 ng/ml cutoff levels. All of the urine specimens were found to be opiate positive shortly after consuming the cake; however, after administering a series of standardized drug recognition evaluation tests, no subjects were found to exhibit symptoms of opiate impairment.     

Smoking in the workplace: a management perspective

Caution is warranted when undertaking smoking measures that go beyond those required by state or local laws and do not accommodate the interests of all employees. Twenty states and the District of Columbia have enacted laws regulating smoking in the private workplace. In contrast, twenty-two states recently have enacted laws that protect persons who smoke outside the workplace from being subjected to adverse employment actions. Although these laws vary widely in their language and specifics, most pose practical and compliance problems for employers. The following article updates the author's more comprehensive examination in 1988 of judicial, legislative, and employer responses to the workplace smoking issue published in 14 Employee Relations Law Journal 359 (1988).     

Monitoring the uninsured: a state policy perspective

Because states have primary responsibility for the implementation of public health insurance programs, states need timely, good quality data to evaluate programs, monitor trends in the number and characteristics of the uninsured, and better understand the dynamics of health insurance coverage. This article provides a synthesis of the data sources available to states for monitoring rates of health insurance coverage. Information was collected through a comprehensive review of state and national health surveys and in-depth interviews with state analysts in all fifty states. Our findings suggest that national surveys do not meet states' needs for data, and in response, states have initiated their own household surveys. We provide information on thirty-six household surveys that are used to estimate state levels of health insurance coverage. We recommend that national and state efforts be better coordinated to facilitate efficient use of resources to achieve good state-level date.     

Dulcin: a centennial perspective

The discovery of dulcin, the second synthetic sweetener, has been traced to the work of J. Berlinerblau. Early studies of this sweetener revealed a very effective sweetener that showed toxicity at high doses. Dulcin never achieved great recognition nor usage but was utilized slightly until a long-term study clearly pointed out its toxicity under sustained use with small doses.