TRANSITION OR NOT?

The article focuses on a quantitative evaluation of Families In Transition (FIT), a court-mandated divorce education program. In this evaluation, the operationalization of the impact of FIT on its participants is guided by a social psychology theory. Findings indicate that parents view FIT as a valuable experience, and they gain in their attitude toward and likelihood to engage in child-centered divorce adjustment behaviors from pre- to post-FIT. Factors are highlighted, such as counseling and conflict status of the parents that affect the degree of influence of FIT. Implications for evaluations of these programs and for the structure of these programs are discussed.     

利用额窦影像进行个体识别的研究进展

鉴于额窦不规则气腔形态的高度特异性、成熟后形态不变的稳定性以及放射学技术在临床的广泛应用,额窦影像已成为法医学个体识别的重要研究对象.利用额窦影像进行个体识别已具有法庭意义.当DNA和指纹等传统个体识别方法应用受限或无法有效进行,或缺乏相应的牙科记录等情况时,额窦影像对比是有效的个体识别替代方法.多种影像资料都可用于额...     

Roadside detection of impairment under the influence of ketamine--evaluation of ketamine impairment symptoms with reference to its concentration in oral fluid and urine

Although there are many roadside testing devices available for the screening of abused drugs, none of them can be used for the detection of ketamine, a popular abused drug in Hong Kong. In connection to local drug driving legislation, effective roadside detection of ketamine in suspected drug-impaired drivers has to be established. According to the drug evaluation and classification program (DEC), ketamine is classified in the phencyclidine (PCP) category. However, no study has been performed regarding the signs and symptoms exhibited by users under the influence of ketamine. In a study to develop a protocol for effective roadside detection of drug-impaired drivers, 62 volunteers exiting from discos were assessed using field impairment tests (FIT) that included measurements of three vital signs (i.e. body temperature, pulse rate and blood pressure), three eye examinations [pupil size, lack of convergence (LOC) and horizontal gaze nystagmus (HGN)] and four divided attention tests (Romberg, one-leg stand, finger-to-nose and walk-and-turn tests). Subsequent laboratory analysis of oral fluid and urine samples from the participants revealed the presence of common abused drugs in both the urine and oral fluid samples of 55 subjects. The remaining 7 subjects with no drug in their oral fluid samples were used as drug-free subjects. In addition, 10 volunteers from the laboratory who were regarded as drug-free subjects were also assessed using the same FIT. Among the 62 volunteers, 39 of them were detected with ketamine in their oral fluid. Of these ketamine users, 21 of them (54%) with only ketamine found in their oral fluid samples while the rest (18 subjects) of them had other drugs (i.e. MA, MDMA, benzodiazepines and/or THC) in addition to ketamine. Of the 21 ketamine-only users, 15 of them (71%) were successfully identified by FIT. It was found that when salivary ketamine concentrations were greater than 300 ng/mL, signs of impairment became evident, with over 90% detection rate using the FIT. By comparing the FIT observations on the 21 ketamine-only users with the drug-free subjects, the typical signs and symptoms observable for subjects under the influence of ketamine included LOC, HGN, elevated pulse rate and in general, failing the divided attention tests, especially the walk-and-turn and one-leg stand.     

Some uses and misuses of research for criminal justice policy development and utilization

Criminal justice research has been extensively critized In recent years for its may shortcomings. Problems In its use appear to focus around three major areas of effort: Policy-makers, research managers, and professional researchers. This paper reviews what are seen as some of the major obstacles to quality criminal justice research in each of these areas of contemporary concern. Then, a number of suggestions are offered which are designed to improve the use of research for policy development and utilization in criminal justice.     

Evidentiary Standards for Forensic Anthropology*

Abstract: As issues of professional standards and error rates continue to be addressed in the courts, forensic anthropologists should be proactive by developing and adhering to professional standards of best practice. There has been recent increased awareness and interest in critically assessing some of the techniques used by forensic anthropologists, but issues such as validation, error rates, and professional standards have seldom been addressed. Here we explore the legal impetus for this trend and identify areas where we can improve regarding these issues. We also discuss the recent formation of a Scientific Working Group for Forensic Anthropology (SWGANTH), which was created with the purposes of encouraging discourse among anthropologists and developing and disseminating consensus guidelines for the practice of forensic anthropology. We believe it is possible and advisable for anthropologists to seek and espouse research and methodological techniques that meet higher standards to ensure quality and consistency in our field.     

The nearest relative in the Mental Health Act 2007: still an illusionary and inconsistent safeguard?

Abstract

The role of nearest relative (NR) is intended as a safeguard in the Mental Health Act 1983 (as amended in 2007) to curb the excesses of professional discretion and protect patients from unwarranted compulsory hospitalisation. It is unique to the mental health compulsory detention process in England and Wales. There are, however, evident tensions in the role and a lack of clarity surrounding the precise functions of the NR. There is also some uncertainty and confusion among practitioners about the scope of the NR involvement, and government plans announced recently to review mental health legislation will include a focus on the role of family and carers in the care of detained patients. Despite long-standing concerns about the role, there is remarkably little published research available to date on its use and effectiveness, in so far as evaluating the extent to which it provides an adequate safeguard for patients, as intended by the legislation. This article will briefly explore the background to the role, highlight some of the difficulties and tensions within it and conclude with some observations about where further research and reform may be needed to provide greater protection and clarity for patients, relatives and health and social care practitioners.     

Researching and Theorizing the Processes of Professional Identity Formation

This paper is concerned with professional identity formation, at both the individual and organizational levels, and the dialectic between individual processes and the social trajectory of organizational reproduction. The research project on which the paper is based was stimulated by the growing concern of United Kingdom legal education institutions and professional bodies with how new entrants to an increasingly diverse profession negotiate the changing demands of a complex stratified and segmented labour market. The paper will give a brief outline of the first stage of a longitudinal study of two cohorts of part-time and full-time students on the Legal Practice Course at a new university in England, (some of whom are now in training with firms) and representatives of the local legal employment market. A report of the research results to date will be set in the context of an exploration of some key theoretical perspectives which inform the field of the profession and of identity development, such as theories of symbolic, linguistic, and cultural capital.     

JUDICIAL INFLUENCE IN CHANGING ATTITUDES TOWARD USE OF WORK RELEASE

Judges are under pressure both to combat crime with longer prison sentences and to increase the use of sentencing options which permit use of a graduated system of dispositions which can be used to rehabilitate offenders. The judges are faced with overcrowded prisons and a general lack of the community programs recommended by many professional organizations and scholars. It is recommended here that judges take an active role in encouraging the development of community-based alternatives such as local work release. This study found that a male judge is a more effective communicator than a bailiff and that he could cause a change in attitude toward work release in a sample of citizens. Thus, judges can anticipate some degree of success if they choose to participate in efforts to develop community support for sentencing alternatives.     

Attorneys,tell your clients to think before they post: Social media data may influence how evaluators view their parental fitness

Information from social media is used in evaluations of parental fitness with some regularity. Yet, research is lacking on perceptions of this information and no research has examined how social media data impacts forensic evaluators' opinions related to parental fitness. This study compared forensic evaluators' perceptions of data trustworthiness, usefulness, and initial opinion of parental fitness in a fictitious case in which parental fitness was questioned. Perceptions of a parent's behavior were compared across two types of data in which it was presented (an Instagram post or a medical record note) and across genders of the parent (mother or father) being hypothetically evaluated. As hypothesized, information documented on social media was viewed more critically than information documented by a healthcare provider. Further, information primarily referencing the father in the case was viewed as less trustworthy than information referencing the mother, which appeared influenced by evaluators' identified self-reported sexist attitudes. Results suggest that family law attorneys, regardless of which parent they are representing, should advise their clients of the risks to using social media.     

Analysis of legal cases for prevention of elder abuse: decisions from New Zealand

Elder abuse is a universal concern and is gaining greater public and professional attention. This increased concern to protect elders is internationally evident in policy reform, multidisciplinary research and education. Yet neglect in care settings continues. This research responds by contributing to the international effort to promote humane care for elders who are in a position of dependence, particularly in residential facilities. The legal cases that result from some complaints by aggrieved elders and their advocates may offer insights that are relevant for prevention. While the law is often viewed merely as a system of control, it may also be a resource for learning, particularly in the context of abuse prevention. Although the analysis references New Zealand law, the discussion may have broader application by indicating factors that precede, or trigger, unacceptable conduct. By understanding what went wrong and why, we may decrease the likelihood of future incidents. Also, understanding the legal ramifications may have a deterrent effect. Many advocates and activists have asked how we can ensure that abuses do not recur; some answers may lie within the legal cases themselves. How may recent legal cases be used to prevent mistreatment of elders in residential facilities? This question is applied to select decisions of New Zealand's Health and Disability Commissioner, Human Rights Review Tribunal and Health Practitioners Disciplinary Tribunal. While each body has distinct functions, relevant factors identified within the cases may reveal information that is of interest to elderly people and their advocates, caregivers, health educators and professional registration bodies. The research is timely in light of New Zealand's Review of Elder Abuse and Neglect Prevention Services in New Zealand (Department of Child Youth and Family Services, 2004) and New Zealand's Positive Ageing Strategy (Office of Senior Citizens, 2001). This article incorporates current debates regarding the use and analysis of legal cases and suggests that such analyses offer learning opportunities.     

Judging risk: key determinants in British domestic violence cases

Data from the largest study to date of the working practices of British victim support workers (known as Independent Domestic Violence Advisors or IDVAs) are used to provide insight into how "risk judgments" are made in cases of domestic violence. Using data from more than 2,000 victims, this study found a convergence between actuarial data and IDVAs' risk judgments when the risk score was high, but in cases with a lower risk score, IDVAs often used their professional judgment to upgrade risk. Next, we identified the specific factors underpinning IDVAs' risk judgments. Consistent with existing research, we found that IDVAs relied on a subset of available information when forming risk judgments, and characteristics of the abusive situation, such as the escalation of violence, use of weapons, stalking, and significant injuries, were particularly salient to them. Furthermore, IDVAs paid attention to victims' perceptions and when they felt very frightened or afraid of further injury then IDVAs were more likely to label them as high risk. Although we identified some encouraging overlap between the subset of factors informing risk judgments and those associated with victims' reabuse at a later date, some notable differences indicate a need for messages from research about the significance of particular risk factors to be reinforced to frontline practitioners on a regular basis.     

Employment-related psychological evaluations: Risk management concerns and current practices

Pre-employment psychological evaluations and fitness for duty evaluations are an increasingly important part of police psychology services. While it is assumed that agencies display differences in how they handle these functions, there has been to date no systematic study of the specific methods and patterns of service delivery for pre-employment and work fitness evaluations. The current study presents results from a national survey of the fifty largest police and sheriffs' agencies using department size to partition the data. Of particular interest are the methods of communication of confidential findings to the department in light of restrictions set forth by professional guidelines and by a recent California Appellate decision in the Pettus case. Implications for addressing conflicting elements of ADA requirements and reducing risk factors for professional liability are addressed in our discussion of these findings.     

Contemporary composite techniques: The impact of a forensically‐relevant target delay

Purpose. Previous laoratory‐based research suggests that facial composites, or pictures of suspected criminals, from UK computerized systems are named correctly about 20% of the time. The current work compares composites from several such systems following a more realistic interval between seeing an ‘assailant’ and constructing a composite. Included are those used by police in the UK (E‐FIT, PROfit and sketch), and the USA (FACES), and a system in development (EvoFIT). Method. Participant‐witnesses inspected a photograph of a celebrity for 1 minute and then 2 days later constructed a composite from one of these systems using a procedure closely matching that found in police work; for example, the use of a Cognitive Interview and computer operators/artists who were appropriately trained and experienced. Evaluation was assessed mainly by asking independent observers to name the composites. Two common auxiliary measures were used, requiring composites to be matched to their targets (sorting), and photographs to be chosen from an array of alternatives (line‐up). Results. Composite naming was surprisingly low (3% overall), with sketches named best at 8%. Whereas composite sorting revealed a broadly similar pattern to naming, photo line‐ups gave a poor match. Conclusion. With a 2 days delay to construction, the results suggest that, while likenesses can be achieved, few composites would be named in police work. The composite sorting data provide further evidence that the computerized systems tested perform equivalently but are poorer than the manually‐generated sketches. Lastly, the data suggest that line‐ups may be a poor instrument for evaluating facial composites.     

Incidental findings in human subjects research: what do investigators owe research participants?

The use of brain imaging technology as a common tool of research has spawned concern and debate over how investigators should respond to incidental findings discovered in the course of research. In this article, we argue that investigators have an obligation to respond to incidental findings in view of their entering into a professional relationship with research participants in which they are granted privileged access to private information with potential relevance to participants' health. We discuss the scope and limits of this professional obligation to respond to incidental findings, bearing in mind that the relationship between investigators and research participants differs fundamentally from the doctor-patient relationship.     

Definitions of and beliefs about wife abuse among ultra-Orthodox Jewish men from Israel

This article presents a study conducted among 148 men from the ultra-Orthodox Jewish community in Israel. A self-administered questionnaire was utilized to examine their definitions of and beliefs about wife abuse. The definitions provided by the majority of the participants were highly consistent with definitions that are accepted in the professional literature. The majority of participants tended to view wife abuse as unjustified and held violent husbands responsible for their behavior. They were also in favor of helping women who were abused. At the same time, however, some participants showed a tendency to blame women for violence against them and indicated that the reasons why women stay with husbands who are abusive can be attributed more to external factors than to her internal situation. Substantial amounts of the variance in the participants' definitions of and beliefs about wife abuse can be explained by the extent of their patriarchal ideology. Limitations and recommendations for future research are discussed.     

The Role of the Jurist: Reflections around Radbruch

Many different kinds of professionals work with law, but often they seek to use law for particular governmental or private purposes, they focus on some specific areas or aspects of its creation, interpretation or application, or they study it for its interest judged by criteria that are given by fields of scholarly practice outside it. Is there a special significance for a role exclusively concerned with analysing, protecting and enhancing the general well‐being or worth of law as a practical idea? This article argues that such a role is important. Building on Gustav Radbruch's juristic thought, it asks how that role could be elaborated and how a professional responsibility for discharging it might be envisaged. Many professionals concerned with law adopt such a role incidentally or intermittently, but it needs more prominence and clear demarcation. The article suggests that it might be seen as the specialised role of the jurist, treated as a particular kind of legal professional. The term “jurist” would then have not just an honorific connotation. It would indicate a Weberian “pure” type that may approximate some current understandings of “juristic” practice; but it would also identify a normative ideal—something intrinsically valuable. Seen in this way, the jurist is one who assumes a certain unique responsibility for law.     

法律职业的危机与出路——评Rhode的《为了正义:重整法律职业》

该书评总结了美国法律职业面临的重重危机 ,例如“法律商业主义”盛行 ,职业伦理沦丧和行业规制的欠缺等 ;提出在职业改革、法律教育、法律消费和公众参与诸方面的改革方案 ;并对我国法律职业研究现状进行反思。     

LSD Use as a barrier to public safety employment: A review of the medical findings

Conclusions In a review of available literature on the topic of adverse effects of the use of hallucinogenics, the authors found some remarkable evidence. First, there is not evidence that these drugs are physically or emotionally addictive. In fact, users generally discontinue use because of the impact of altering states of consciousness. Few have the desire to experience these effects beyond satisfying their curiosity about the drugs. There seem to be some specific personality factors that predispose individuals to experiment with psychedelic drugs, and certainly, specific personality types are prone to be associated with negative side effects in both the short and long-term. In light of the considerable amount of research which supports the premise that LSD is not as dangerous as once assumed, perhaps restrictive hiring policies should be reviewed and reevaluated in the case of the one-time user. If an individual passes all testing, and personal history shows stability, disqualifying a candidate for prior LSD use does not appear to be supportable by research finding. Again, this report is not meant to diminish the negative effect of hallucinogens on a small portion of our society. The intent is to point out that the medical literature does not support the contention that one-time hallucinogen use carries with it any undesirable long-term consequences. The importance of considering an individual within the context of testing and background can not be minimized.     

Medicolegal anthropology in France.

Medicolegal anthropology has a very long history in France. Basic studies on human skeletal remains started as early as the 18th century. The 19th century produced many medical theses and research papers on age, sex, as well as stature estimation. The research proliferated in the first 60 years of the 20th century, much of which is still in use in France and abroad. The later half of the 20th century, however, was dormant in research on human skeletal biology at a time when forensic anthropology was becoming an active field worldwide. In the last decade, medicolegal anthropology took a different perspective, independent of its traditional roots. Research and practice have both been in the professional domain of forensic physicians unlike the situation in many other countries. Population based studies requiring large databases or skeletal collections have diminished considerably. Thus, most research has been on factors of individualization such as trauma, time since death, crime scene investigation, and facial reconstruction. It is suggested that there is a need for cooperation between the forensic physician and anthropologist to further research. This also encourages anthropologists to carry out research and practice that can fulfill the needs of the medicolegal system of the country.     

Crisis intervention in interpartner abuse

Most of the literature on partner abuse deals with the pattern wherein one member, the aggressor, repeatedly assaults the other, the victim. In some cases of partner abuse, however, both partners are perpetrators and victims of reciprocal violence. These cases can present as the former, more familiar pattern, if one partner functions as the complainant. To intervene effectively, the professional should identify interpartner abuse at once. Barriers to intervention, on the part of both care providers and abusive partners, should be appreciated. The twofold challenge for the helping professional is to interrupt violence and engage partners in appropriate treatment or counseling. Techniques for accomplishing this are presented. Initial separation of partners is advised. Some important psychological issues can be profitably addressed during intervention. Ironically and simply, intervention should help abusive partners become acquainted with one another.