Legal liability and research ethics boards: the case of neuroimaging and incidental findings

Neuroimaging research covers a wide range of intriguing issues from revealing brain structures to investigating what happens in our brain when we lie. The field appears to be thriving, but skepticism and alertness to the various ethical, scientific, policy and philosophical challenges associated with it also appear to be on the rise. One particularly complex issue concerns what to do with incidental findings that emerge during the course of neuroimaging research. Research ethics boards (REBs) play a central role in research oversight. In this paper, we will consider some of the potential issues associated with REB liability in negligence in the context of incidental findings in neuroimaging research.     

A brief overview of quantitative criminology in Australasia: 1981–1995

This paper reviews quantitative criminological research, especially of a sophisticated mathematical nature, published by researchers in Australia and New Zealand since 1981. A statistical analysis of quantitative articles published between 1981 and 1995 in the leading academic journal.The Australian and New Zealand Journal of Criminology, showed that using the five topical categories developed by Farrington (this issue), there has been little change in the types of research carried out, with studies of court processes and correctional issues accounting for two-thirds of papers. The numbers of “simple” and ”sophisticated” quantitative articles as proportions of the total published also did not vary over the 15 years. Areas of strength in quantitative research include drugs, alcohol, and crime; indigenous peoples and the criminal justice system; regulatory law enforcement; the modeling of recidivism; and sentencing. Most sophisticated quantitative research is carried out by noncriminologists, and it appears unlikely that the amount of mathematically sophisticated research will increase significantly in the next few years. Experimental studies and longitudinal designs will probably slowly grow in popularity, and crime prevention will emerge as an area of quantitative strength.     

Incidental findings in magnetic resonance imaging (MRI) brain research

The use of magnetic resonance imaging (MRI) to investigate brain structure ("structural MRI") and function (so-called "functional MRI") has become increasingly common among neuroscientists, psychologists, and even economists in recent years. Yet, despite this increase in use, relatively little attention has been paid to the issue of incidental findings. The current paper discusses these issues, and anticipates the future of incidental findings in the context of other neuroimaging tools currently being used to investigate the living brain.     

Technology commercialization: a literature review of success factors and antecedents across different contexts

This paper provides a systematic review of the current literature on technology commercialization. It serves to establish a foundation for the following empirical and theoretical contributions. Technological inventions are fundamental for a country’s economic growth. However, in order to actually generate value for society and profits for the involved companies, these inventions need to be successfully transferred to the market. Therefore, newly developed technologies need to be integrated into products which sell. In particular, our study focuses on the different interaction channels through which technology commercialization occurs. We analyze main groups of institutions, which can either act as developers of technologies and/or organizations bringing these technologies to the market: Universities and research institutes, technology startups, and established companies. We propose a theoretical framework of possible interactions between these organizations and analyze the success factors within the respective channels. Based on the systematic review of 140 articles, key characteristics of the technology development organizations are analyzed with regard to the different possible channels available to commercialize their technology.     

Persons with intellectual disabilities in the criminal justice system: review of issues

Although the vast majority of individuals with intellectual disabilities (ID) are law-abiding citizens, there is a small percentage with offending behaviour that is considered antisocial, socially inappropriate, or defined as illegal. It has long been recognised that individuals with ID or mental-health needs who break the law should be dealt with differently from the general population. There have been an increasing number of empirical studies in this area; however, these have been plagued by various definitional and methodological issues. Prevalence estimates of offenders with ID are complicated by diagnostic variations and inconsistencies in the criminal justice process. International studies have shown a large range, from 2% to 40%, depending on methodological approaches. The following review will highlight the salient issues including prevalence of offending, characteristics of offenders, vulnerabilities within the legal system, assessment, and a brief overview of intervention and treatment approaches.     

Examining fatal and nonfatal incidents involving the TASER

Research Summary According to TASER International, nearly 10,000 police departments in the United States have deployed the TASER as a less lethal force alternative in some capacity. Despite the TASER's increasing popularity, serious questions have been raised about the device's physiological side effects; in particular, Amnesty International has reported that more than 300 people have died after being subjected to the TASER. Although a growing body of research has examined the physiological effects of the TASER on animals and healthy human volunteers in laboratory settings, there has been virtually no empirical analysis of “real‐world” fatal and nonfatal TASER cases simultaneously. This article examines all media reports of TASER incidents from 2002 to 2006 through a comprehensive review of LexisNexis and New York Times archives. We compare TASER incidents in which a fatality occurred to TASER incidents in which a fatality did not occur and then employ multivariate analyses to identify the incident and suspect characteristics that are predictive of articles describing TASER‐proximate deaths. Policy Implications Several suspect factors were significantly associated with the reporting of a fatal TASER incident, including drug use (but not alcohol), mental illness, and continued resistance. Multiple deployments of the TASER against a suspect was also associated with the likelihood of the article describing a fatality—especially if the suspect was emotionally disturbed—which raises the possibility that the risk of multiple shocks might not be uniform for all suspects. More research is needed to explore the relationship between mental illness, drug use (illicit or therapeutic), continued resistance, and increased risk of death. In the meantime, police departments should develop specific policies and training governing the use of multiple TASER shocks against individuals who could be in these vulnerable physiological and psychological states.     

Gender and Publication Patterns: Female Authorship Is Increasing,But Is There Gender Parity?

Women's authorship has historically been underrepresented in criminal justice publications. The current study updates previous research by examining the authorship patterns of articles published in 8 criminological journals spanning 2007 to 2013. Women's representation increased from earlier rates but remained below that of their male contemporaries. This growth corresponded with general trends of increasing coauthorship, suggesting that the recent gains in women's representation do not indicate decreases in gender disparities. Men also were more likely to have sole-authored articles and be lead authors in papers coauthored by men and women. In addition, the vast majority of articles included at least 1 male author, and far fewer included a female giving men a larger visual presence. Gender representation also varied considerably between mainstream/traditional journals and 2 gender-specialized journals.     

The effects of observing conjugal violence on children: A review and analysis of research methodology

This review specifically addresses the effects on children of observing conjugal violence. A research of six major computer databases revealed 1764 references on family violence of which 29 articles dealt directly with the effects on children. These articles were judged by independent raters using a 56-item rating system designed to analyze methodological and assessment issues of empirical investigations. This analysis summarized these research efforts and indicated the need for more careful consideration of definitional, subject variable, familial stress, and reactive vs long-term effect issues. Additionally, specific proposals for future research were outlined; suggestions related to these issues, and some new directions for investigation were provided.     

宪法危机理论:以美国内战与重建时期为例的阐释

宪法危机的发生有两个条件 :第一 ,在根本性问题上 ,宪法条文具有强烈的容易引起宪法解释争端的模糊性 ;同时 ,这些模糊的宪法条文所规定的问题 ,在现实政治生活中又已经发展成为实际的、主要的政治问题。我通过对美国内战与重建时期的历史检视 ,发现在美国联邦宪法中存在着三个符合这些条件、并最终引发宪法危机的模糊点 :联邦制度和最高主权归属的问题、共和制度与奴隶制度的关系问题、公民身份与公民权利的问题。这三个问题也是美国内战与重建时期要着力解决并通过暴力手段得以解决的问题。     

Psychological Assessment of Chief of Police Candidates: Scientific and Practice Issues

This report examines issues associated with the selection of a Chief of Police. A review of the literature indicates minimal progress in specifying appropriate objective selection procedures for the Police Chief. This is attributable to a research focus on broad leadership styles, rather than specific competencies, and an inattention to the unique needs of individual jurisdictions. As a potential alternative, a hiring process model is offered that includes a systematic job analysis within the given jurisdiction, and the use of a reliable and well-validated instrument to assess job candidates’ leadership potential and skills. This approach is illustrated by a case study of a medium-size city that followed the recommended procedures to make a hiring decision that has been sustained across more than a year’s time, and which appears to be working out. The uses of testing results to help the Chief of Police to enhance personal capabilities within the new position also are discussed.     

The Courtroom of the Future is Here: Introduction to Emerging Technologies in the Legal System

This introductory article overviews the articles in this special issue on emerging technologies in the legal system. The articles concern videotaped confessions, videoconferencing in criminal proceedings, animations and simulations, and immersive virtual environment technology. The article then highlights issues raised by the articles related to important policy and legal principles underlying our system of justice.     

Firearm and toolmark identification criteria: a review of the literature,part II

An update to a previously published review of articles pertaining to firearm and toolmark identification criteria is presented. In this update, 22 additional articles were reviewed, including works of a general nature, studies critically assessing the theory of consecutive matching striations, empirical studies involving various firearm components, toolmark studies, as well as articles discussing the utility of statistics in the firearms and toolmark identification discipline. These articles have been reviewed in a format to permit others to learn what has been published in the field in an effort to educate interested parties. Further, a discussion of the importance of articulation and communication within the discipline is presented.     

Comparing law reviews for their amenability to articles addressing mental health issues

Continuing emphasis has been given to the importance of social scientists bringing empirical research to the attention of legal decision makers. Law reviews have been identified as a particularly useful means for accomplishing this dissemination. The following study is an attempt to determine whether particular law reviews are more amenable to publishing articles on one aspect of the law where considerable social science research has been conducted, namely, mental health law. A LEXIS search for articles addressing mental health issues and published over a 3-year period by 49 national, generalscope law reviews was conducted. These journals showed a general willingness to publish mentalhealth-related articles. This willingness was present in almost all journals, even if somewhat limited. However, a specialized journal focusing on health issues appeared considerably more amenable to these articles than the other journals. For the most part, the other journals were relatively similar in their willingness to publish mental-health-related articles, although across the range of journals the differences in this willingness became pronounced. Based on the results of this study, a strategy is suggested for social scientists wishing to publish their research in law reviews.     

Civil commitment in Turkey: reflections on a bill drafted by psychiatrists

Involuntary hospitalization of the mentally ill has been an issue that still remains outside the judicial system in Turkey. Despite the new Turkish Civil Code, which includes several articles relevant to involuntary psychiatric hospital admissions, there still appears to be a need for a comprehensive mental health law to address specific issues concerning civil commitment of the mentally ill. As a result of the lack of specific statutory regulation, an insufficient number of psychiatric hospital beds and limited appreciation of the safety risks involved in untreated mental illness, involuntary hospitalization remains an underutilized option by psychiatrists and the courts alike. In response to its concerned members, the Psychiatric Association of Turkey has appointed a task force to draft a proposed mental health law, entitled the "Psychiatric Patients' Bill of Rights." Although the draft suggests a model with emphasis on the right to psychiatric treatment, it also recommends close judicial oversight to prevent potential abuses of discretion by the system. However, this might present logistic problems in a country with already overburdened courts. Authors discuss the highlights of the draft within the context of Turkey's current cultural, social and judicial structure, and compare it to similar laws of other countries.     

Missing a critical piece of the pie: simple document search strategies inadequate for systematic reviews

A review based on a biased collection of studies is likely to produce biased conclusions. As such, a central component of a quality systematic review is a comprehensive document search. Three issues are explored in this paper that underpin the importance of such a search. First, the evidence of publication selection bias clearly establishes that peer-reviewed journal articles are more likely to show statistically significant results than less formally published studies. Second, the presence of grey literature studies that cannot be discovered through a search of bibliographic databases is demonstrated using Campbell Collaboration systematic reviews, and third, the logical and empirical problems with using publication status as a proxy for methodological quality are examined. More robust methods of identifying research conducted in the social sciences are needed if we are to take seriously the accumulation of knowledge, such as the development of a priori registries of research studies.     

Playing Devil's advocate†: The case against fMRI lie detection

The advent of functional neuroimaging raises the intriguing possibility that investigators might be able to determine (one day) whether an individual is lying or telling the truth, according to the activity of their brain. Ultimately, such techniques might be applied in the forensic sphere. However, the empirical data supporting this conjecture derive from a body of work that is still early on in its development. Hence, when invited to play ‘Devil's advocate’, the author is prompted to critique a pivotal weakness within the current literature. The latter comprises 16 peer‐reviewed functional magnetic resonance imaging studies purporting to describe the neural correlates of lying. Most have demonstrated greater activation of prefrontal regions while participants lie relative to when they tell the truth. Most have failed to detect areas where truthfulness elicits specific activation (consistent with the view that truthfulness constitutes a ‘baseline’ in human cognition and communication; while lying requires something more). However, there is a great deal of variation between the findings described and, crucially, there is an absence of replication by investigators of their own findings. Hence, basic issues of reliability need to be addressed before functional neuroimaging is applied to cases that matter in the ‘real world’.     

CHINESE INVESTMENT IN THE EUROPEAN UNION & NATIONAL SECURITY

Rapidly increasing foreign direct investment from China within the European Union over the past decade has been, in general, greatly fostered by an open and non-discriminatory legal regime. However, 28 Member States retain control over the review of such investment for purposes of evaluating national security concerns within their respective borders. Current trends reveal a strong likelihood of substantial increases within the coming years in Chinese investment touching upon so-called “strategic” or “sensitive” sectors within the European Union nations. Similar Chinese investment in the United States has raised some strong opposition from the federal government on national security grounds. Accordingly, this article compares and contrasts the European Union’s current fragmented system of national security review with that of the United States — a centralized legal regime which provides for exclusive federal government national security review of foreign investment. The question is then posed as to the likelihood of the European Union adopting an American-style unified national security review system to replace the existing fragmented system, especially in light of the newly enhanced legal competence of European Union authorities over issues concerning foreign investment. This article then concludes with an analysis of the advantages to Chinese investors stemming from the creation of such a European-wide system of national security review.     

Interventions with women offenders: a systematic review and meta-analysis of mental health gain

Currently, a conjunction of policy, legislative change in health and social care and the criminal justice system, combined with funding for innovative services make it opportune to assess the evidence base for interventions with women offenders. Women offenders have a distinctive criminological, health and social profile and a gender specific approach to their difficulties is advocated. This systematic review and meta-analysis focus on mental health gain in adult women offenders in forensic health settings, criminal justice institutions and in the community, following therapeutic interventions. Interventions were assessed in terms of specific outcome measures of depression, trauma symptomatology and global mental health status. Comprehensive search strategies yielded 3018 articles, from which we obtained 199 full text articles. Seventeen articles were included in the final review, of which six were excluded from the meta-analysis as there was no comparator group. There is a modest, but increasing, body of evidence for the utility of some interventions, notably those addressing the consequences of earlier trauma, including interventions which also address comorbid substance misuse. This does not amount, to date, to a robust evidence base. Limitations of these studies are discussed and include small sample sizes, their restriction mainly to prison populations and that they were substantially undertaken in the US. Variations in outcome measures follow-up and the difficulties inherent in measuring change in this complex population are also detailed. However, the review delineates definite avenues for further work. To achieve this, those responsible for policy, practice and purchase of services should both be mindful of existing evidence and promote additional, high quality research into interventions which are designed around a coherent, theoretical approach.     

The use of telepsychiatry within forensic practice: a literature review on the use of videolink – a ten-year follow-up

In the last decade, telepsychiatry – the use of telecommunications technologies to deliver psychiatric services from a distance – has been increasingly utilised in many areas of mental health care. Since the review by Khalifa and colleagues in 2007 the body of literature relevant to the forensic applications of telepsychiatry has grown substantially, albeit not by much in the United Kingdom. In the current review, we aim to provide an update summary of the literature published since 2007 to determine the effectiveness and feasibility of increasing telepsychiatry utilisation in forensic practice. The literature reviewed provides some encouraging evidence that telepsychiatry is a reliable, effective and highly acceptable method for delivering mental health care in forensic settings. There are also a number of papers that indicate the use of telepsychiatry may be cost effective for health providers in the longer term. Further research is required to consider the potential legal and ethical implications of using telepsychiatry in forensic settings.     

I shop online – recreationally! Internet anonymity and Silk Road enabling drug use in Australia

Internet technologies are beginning to influence the sale and supply of illicit drugs in Australia. One such technology, an online marketplace known as Silk Road, had dramatically increased in popularity since its worldwide launch in February 2011. This research and paper were completed prior to the Silk Road's founder, Ross Ulbricht being arrested on 2 October 2013 and Silk Road being taken off line. This research paper will consider such factors; as the increasing use of internet by Australians, the popularity of shopping online and the variance in the quality and price of products available on Silk Road to those available in other drug markets. The case study will provide an in-depth look at Silk Road from an Australian perspective and in light of the continuing popularity of illicit drug use in Australia. Though Silk Road is currently off line, ‘Bitcoin’ has survived and it will only be a matter of time before a substitute for Silk Road emerges.