Making non-discriminatory fitness-for-duty decisions about persons with disabilities under the Rehabilitation Act and the Americans with Disabilities Act

This article describes an assessment role performed by clinical psychologists in the employment context, and examines how it has been evaluated by the courts from the standpoint of discrimination against persons with disabilities. Guidelines are offered for making fitness-for-duty decisions which are legally defensible, and examples of the decision-making process are provided. Data-based limitations on professional expertise are articulated, and conclusions drawn are aimed at practicing psychologists and the courts dealing with these uncertainties. Issues are analyzed principally in courts dealing with these uncertainties. Issues are analyzed principally in relation to Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), which has been passed by both houses of Congress.     

Forensic medical aspects of injuries inflicted with self-defense capsaicin aerosols

Toxicological and forensic medical characteristics of capsaicinoids are presented. Capsaicinoids represent a mixture of three basic compounds with similar structure: capsaicine, dihydrocapsaicine, and nordihydrocapsaicine, all of which are the primary components of red pepper extract (Oleoresin Capsicum). The advantages of this group of irritants in comparison with synthetic irritants are discussed. Probable routes of administration of the extract with regard to its hazard for the organism are considered. Results of experimental studies on nonbiological phantoms and volunteers are presented.     

Transferability of parliamentary experience: The Russian example

The article looks at the development of parliamentary institutions and procedures in Russia and the extent to which Russian politicians have been interested in learning from ‘mature’ democracies.

There are few examples of parliamentary practices being transplanted without significant adaptation. The debate in Russia on the role of parliament indicates that the idea of imitating foreign models has to compete with the powerful notion of rediscovering a national democratic tradition and both are used rhetorically to support particular interests. Parliamentary rules and practices are organically linked with party organisation, with the balance of parties at any given time, with electoral law, and with the relationship of the executive to the legislative branch. Changes in political habits take time.

International contacts are valuable because they lend confidence and authority to those who are working to build on democratic habits, but it is more important that parliamentarians and officials should find solutions which are internally consistent, which work with the grain of their own slowly evolving political culture and which reflect the most positive of their own traditions, than that they should assemble best practice from around the world.     

Student disability claims in the UK and USA: does the jurisprudence converge?

Laws in the UK and the USA protect college students with disabilities from discrimination. The laws of both nations are complex and require institutions of higher education to accommodate qualified students. This article examines the requirements of both nations’ laws with respect to the kinds of inquiries that may be made of students with disabilities, how the institution must go about determining what accommodations are needed, whether the needed accommodations are reasonable and consistent with academic standards or requirements, and whether the institution is required to attempt to accommodate undisclosed disabilities. The article also discusses how the laws in each nation are enforced, addresses the remedies that are available to students in both nations, and focuses on the interpretation of these laws with respect to admission, academic accommodations, nonacademic accommodations (such as housing, student discipline, and co-curricular activities). It also discusses the institution's duty to students with psychiatric disorders who may engage in self-destructive behavior.     

Determinants of Citizens’ Perceptions of Police–Community Cooperation in India: Implications for Community Policing

In this study, we examine citizens?? perceptions of police?Ccommunity relationships in India. More specifically, in this exploratory study, we examine the extent to which factors such as general satisfaction with police services, police professionalism, feeling of safety, and perception of police integrity all explain the public confidence in police?Ccitizen relationships. Those who are generally satisfied with police like to work with police and view police?Ccommunity relationships positively. Further, we find that those who feel police are fair in dealing with citizens, irrespective of social status, and those who feel more safe in their communities are those who are most willing to work with police.     

Über Methoden zur Darstellung von latenten Fingerabdrücken auf der menschlichen Haut

Five methods are described for the detection of latent fingerprints on human skin: the X-ray method, the application of laser radiation, the iodine-silver plate transfer method, development with iron powder and Dakty-foil, as well as the photographic paper lift technique. Experiences with the application of these methods in forensic investigations are reported, and impeding factors are outlined. The simpler methods (the detection of such prints with iron powder and Dakty-foil as well as the photographic paper lift technique) are to be preferred for the investigation at the scene of the crime.     

“EXPERIENCE OF THE EXPECTED?” RACE AND ETHNICITY DIFFERENCES IN THE EFFECTS OF POLICE CONTACT ON YOUTH*

Proponents of police reform have called for changes in the way police interact with citizens, particularly with people of color. The rationale, in part, is that when people have more favorable perceptions of their police encounters, they view the police as more just and are more willing to cooperate and comply with the law. To assess whether perceptions of police‐initiated encounters shape law‐related outcomes, we examine how satisfaction with treatment during prior police contact affects procedural injustice, reporting intentions, norms supporting the use of violence, and delinquency. We also explore whether these relationships vary among Blacks, Whites, and Latinos. Our results indicate that youth who have been stopped or arrested fare worse than their counterparts with no police‐initiated contact; however, the potentially negative ramifications of these encounters on all outcomes except violence norms are generally mitigated when youth are satisfied with their treatment. The effects of contact are mostly invariant across racial/ethnic groups when a robust set of control variables are included. We conclude that changing the perceptions of youth regarding how they are treated by the police may mitigate some of the harms of being stopped or arrested, but we caution that these perceptions are shaped by factors aside from police behavior during encounters.     

Deposition and incorporation of trace objects on the bone in blunt injury

A total of 457 cases with the impact of blunt hard objects and cars on the surface of different bones with formation of sites of deposition and incorporation of trace objects are analyzed. Variants of incorporation of fragments of hairs, fibers, metals, varnish into bone surface and microstructure are described, their diagnostic significance, mechanism of formation, and relationship with bone injuries are discussed.     

Who Wants Informal Courts? Paradoxical Evidence from a Yugoslav Attempt to Create Workers' Courts for Labor Cases

The comrades' courts of the East European socialist countries are considered by those who favor alternative means of dispute resolution to be admirable examples of informal courts in modern industrial societies. However, these courts have not been extensively investigated. This article presents the results of an intensive observational study of one kind of socialist alternative court, the Yugoslav Courts of Associated Labor, comparing them with an ideal model of informal courts and with the available data on comrades' courts in other East European socialist countries. We find that, in contrast with the latter, the Yugoslav courts are indeed workers' courts, in the sense that they are used by workers—over 90% of their cases are brought by individual workers. On the other hand, they are not workers' courts in the sense of being controlled by workers—they are instead dominated by legal professionals. We conclude that these Yugoslav courts are attractive to individual workers precisely because they are not informal, social courts, but rather are independent legal agencies from which workers may receive unprejudiced decisions and substantial remedies.     

Issues in the treatment of asian sexual offenders

Abstract

This aper considers the scant literature in the field of child sexual abuse in Asian families, and reports the authors' involvement with four male Asian sexual offenders. The therapeutic approach used with the offenders is described, and clinical themes arising from their treatment are identified. Issues and difficulties in therapy are discussed, in particular personal issues arising for the therapists. It is concluded that Asian sexual offenders are a group who have been neglected in the literature and in treatment, partly, perhaps, because they are infrequently referred to treatment services in comparison with non-Asian sexual offenders. Particular therapeutic issues relating to the treatment of immigrant Asians who do not speak English are raised and further research needs are identified in relation to this patient group.     

Economic development and parental status homogamy: A study of 19th century France

This study investigates the claim that industrialization led to a decrease of parental status homogamy. Contrary to previous research industrialization is not indicated by historical time, nor measured as a macro-development, but instead brides and bridegrooms who are more involved in the industrial labour market are compared with those who are less involved. The theory of preferences, third parties and meeting opportunities is used to derive the hypotheses that young persons (1) with an industrial occupation, (2) who are intergenerationally mobile, and (3) with formal training marry more often outside their parental status group. Hypotheses are tested using the Tra-dataset on France for the period 1803–1899. Brides and bridegrooms working in an industrial occupation and intergenerationally mobile bridegrooms are indeed found to marry less homogamously with respect to parental status.     

Police professionalism and cynicism reconsidered: An assessment of measurement issues

A hierarchical logistic model is used to analyze data on Three Strikes-eligible offenders in California and the counties in which they are sentenced. The analysis finds that discretion is widely exercised by elected prosecutors and judges in the administration of Three Strikes. Discretion functions as a “safety valve” and preserves some sentencing proportionality, but may also allow political concerns to influence sentencing decisions. A more conservative political environment is strongly associated with stricter application of the law. Consistent with racial threat theory, eligible felons are more likely to receive Three Strikes sentences in counties with larger Latino populations. However, the size of the black population has no significant effect. Higher unemployment rates are associated with more stringent application of the law. Prosecutorial and judicial discretion benefits offenders unequally. Controlling for legally relevant factors, black offenders are more likely to receive Three Strikes sentences, while younger ones are less likely.     

Characteristics of firearms and gunshot wounds as markers of suicide.

Data from a total of 1,200 cases that the Medical Examiner of Dallas County, Texas, ruled as suicide with a firearm have been compared with the results of forensic laboratory examinations and tests; 75% are with handguns and 25% are with long guns. The incidence of suicides by gender yields 82% males and 18% females, with the most common entrance site being the head. With regard to racial distribution of persons committing suicide, > 88% are white in the study population group, which is 76% white. Data are presented for the incidence of blood detected inside and on the muzzle end of the barrel of the firearm, and for the persistence of blood inside the barrel even after the weapon was discharged to obtain test bullets. The analysis of handwipings for primer residues shows that "positive" results are obtained for approximately 50% of the revolvers and approximately 32% of the pistols when the caliber is > 22. Other projects such as transfer of gunshot residues to the hand by simply handling the weapon, the incidence of single-contact wounds in homicide versus suicide cases, and the percent of positive identification of bullets with weapons submitted are described.     

Sexual assault cases in the legal system: Police,prosecutor, and victim perspectives

The purposes of this study were to assess (a) the extent of attrition in the processing of sexual assault cases in the legal systems, (b) factors associated with attrition at various stages in the process, and (c) victims' experiences in the legal system and the relations between these experiences and recovery. Our results suggest that substantial attrition continues to occur in the prosecution of rape cases, that more severe assaults are prosecuted more vigorously, that victims are generally satisfied with the police (but not with the legal system in general), and that neither attitudes nor case outcomes are associated with victims' postrape recovery. Research and policy implications are discussed.     

The legality of employee attitude surveys in union environments

Employee attitude surveys are becoming an increasingly popular tool for employers. A host of legal implications, such as the circumstances under which they can be used, what they can ask, and whether or not they are a subject of mandatory bargaining, arise when surveys are conducted by companies that have an incumbent union or by companies that are involved in union-organizing campaigns. The following article describes the survey process, outlines some of the inherent advantages and pitfalls, and examines the legal questions raised when surveys are used by nonunion employers, by employers with incumbent unions, and by employers who are involved in union-organizing-campaigns. It concludes with recommendations for employers that undertake attitude surveys.     

Background correction in forensic photography. I. Photography of blood under conditions of non-uniform illumination or variable substrate color--theoretical aspects and proof of concept

The combination of photographs taken at two or three wavelengths at and bracketing an absorbance peak indicative of a particular compound can lead to an image with enhanced visualization of the compound. This procedure works best for compounds with absorbance bands that are narrow compared with "average" chromophores. If necessary, the photographs can be taken with different exposure times to ensure that sufficient light from the substrate is detected at all three wavelengths. The combination of images is readily performed if the images are obtained with a digital camera and are then processed using an image processing program. Best results are obtained if linear images at the peak maximum, at a slightly shorter wavelength, and at a slightly longer wavelength are used. However, acceptable results can also be obtained under many conditions if non-linear photographs are used or if only two wavelengths (one of which is at the peak maximum) are combined. These latter conditions are more achievable by many "mid-range" digital cameras. Wavelength selection can either be by controlling the illumination (e.g., by using an alternate light source) or by use of narrow bandpass filters. The technique is illustrated using blood as the target analyte, using bands of light centered at 395, 415, and 435 nm. The extension of the method to detection of blood by fluorescence quenching is also described.     

PARTICIPATION IN CRIME PARTNERSHIPS BY FEMALE DRUG USERS: THE EFFECTS OF DOMESTIC ARRANGEMENTS,DRUG USE,AND CRIMINAL INVOLVEMENT*

Research findings on the crime patterns of women suggest that social changes in gender roles are associated with increased female criminality. Some researchers note that the increasing participation of women in established criminal organizations increases female crime levels in general, Other researchers demonstrate that involvement with deviant boyfriends or husbands in particular not only introduces women to addictive drugs, but also contributes to greater crime participation. Measures of the domestic network, crime commitment, drug use, ethnicity, and participation in vice and predatory crimes are used to focus on women's formation and participation in crime partnerships. Findings reveal that ethnicity, living with boyfriends or husbands, high levels of crime commission, particularly while carrying weapons, and participating in vice and predatory crimes are factors that are shared by a number of crime partnerships. On the other hand, having children raised by others, a history of incarceration and arrest, and opiate use are factors that are important for specific crime partnerships; therefore, these factors are unique considerations that relate to the likelihood that criminal partnerships will develop.     

Relationship security: the dynamics of keepers and kept

Hiring, training and supervising treatment staff who work closely with forensic patients at all levels of security requires careful planning. In particular, staff must identify and share feelings like fear and anger that are always generated when patients threaten or attack staff. Approaches to dealing with staff countertransference to patients are suggested in this article, and aids to breaking the aggression cycle are discussed. Relationship security is a working through of dynamics that are always in operation where there are keepers and kept.