Cost-effectiveness analysis in the courts: recent trends and future prospects

This article provides an initial look at how managed care organizations (MCOs) might incorporate cost-effectiveness analysis (CEA) into their decision-making process and how the courts might respond. Because so few medical liability cases directly involve CEA, we must look at other areas of the law to assess potential MCO liability for applying CEA. In general negligence cases, courts rely on a risk-benefit test to determine customary practice. Likewise, in product liability cases, courts use a risk-utility calculus to determine liability for product design defects. And in challenges to government regulation, courts examine how agencies use CEA to set regulatory policy. The results have been mixed. In product liability cases, CEA has led to some punitive damage awards against automobile manufacturers. But courts have integrated it in negligence cases without generating juror antipathy, and generally defer to agency expertise in how to incorporate CEA. The article discusses the implications of these cases for MCO use of CEA and outlines various options for setting the standard of care in the managed care era.     

论侵害人不明的大规模产品侵权责任：以市场份额责任为中心

对侵害人不明的大规模产品侵权，美国司法界使用市场份额责任对受害人加以救济，通过历史和理论的分析，可以发现所谓市场份额责任实际上是择一责任的原告在无法起诉所有被告情况下的一种特别处理而已。而择一责任则与大陆法系语境中的共同危险行为有着很大程度上的同一性。那么在承认后者的我国存在着市场份额理论一定的适用空间。     

Organization and environment: The case of correctional personnel training programs

An intensive field study of 17 correctional personnel training programs was conducted to assess the organization-environment context in which these programs emerged and operated. Content analysis of site visit data revealed that correctional training programs less often served specific organization goal achievement purposes, and more often served as general strategies for coping with external environmental demands and pressures. A theoretical framework for examining organization-environment relations is described, and then used to analyze correctional training programs as a boundary-spanning activity that relates correctional organizations to environmental conditions. Organizational responses to environmental demands are placed along a continuum of adjustment ranging from survival, to adaptation, and innovation. Organizational responses to environmental demands, in turn, are related to training patterns that dovetail with the major needs of organizations and their personnel in efforts to adjust to the environment.     

特殊侵权责任的意识——析高度危险作业的范围

本文通过两则个案的系统分析 ,展示了特殊侵权行为在审判实践中的运用情况。针对这种情况 ,作者认为法官及当事人自己对于特殊侵权行为的认识是远远不够的 ,对于由此而产生的民事责任与一般民事责任的不同也不够重视 ,尤其是在归责原则和民事责任的范围上更是如此。这必然影响到案件的公正审判 ,而且这种情况普遍存在。作者建议应当在立法中明确高度危险作业的范围 ,并使之具有可操作性 ,以实现法律的基本目的 ,保护受害人利益 ,公平分配责任。     

To stay or quit: A review of the literature on correctional staff turnover

Correctional staff are the most important asset for any correctional agency. In fact, they are the heart and soul of any correctional organization. Many staff, however, voluntarily quit. The cost of this turnover is high for correctional organizations. Nonetheless, correctional staff turnover has generated only limited research. Moreover, there has been little direction in the correctional turn-over research. The different forms of turnover are discussed and the correctional staff turnover research is reviewed. A causal model for correctional staff voluntary turnover is developed and presented to guide future research. This article is a revision of a paper presented at the 1998 American Society of Criminology Annual meeting in Washington D. C. and my dissertation. The author would like to thank the anonymous reviewers for their comments and suggestions, as well as Janet Lambert, Ferris State University, for her assistance in editing and proofreading this article.     

Depictions of correctional officers in newspaper media: an ethnographic content analysis

The public relies on the media for most of its information about the criminal justice system. Unfortunately, media depictions of justice actors are not always accurate which, in turn, can lead to distorted images about the system and its operations. Using ethnographic content analysis to analyze 489 articles from major newspapers across the United States, this study seeks to discern how correctional officers and the jobs that they perform are portrayed in print media. The results suggest that correctional officers are overwhelmingly portrayed negatively, with 79.6% of the articles in the research sample presenting one of six distinct negative themes. A typology of these themes is explored in detail, along with its implications for societal support for corrections and correctional officers, especially with regard to the media’s potential contributions to officers’ job stress, burnout, and job dissatisfaction.     

新类型侵权行为的责任形态及其规则——对最高人民法院有关人身损害赔偿的司法解释的解读

人身损害赔偿司法解释的公布实施,对于审理人身损害赔偿案件,保护自然人的生命权、健康权和身体权,统一人身损害赔偿标准和计算方法,发挥了重大作用。其中,该司法解释在责任形态方面非常全面,对于一些已经存在的责任形态进行了发展完善,而对于一些责任形态作了创设性规定。掌握这些责任形态不仅有助于理论分析,而且可以指导人身损害司法审判,意义重大。     

The use of restrictive labels in juvenile corrections: The case of Ohio

A study was conducted to determine the ramifications of the use of restrictive categories imposed within correctional settings, and an analysis of such classifications within one juvenile correctional institution—The Fairfield School for Boys—was undertaken.     

Medical aspects of malpractice crisis in Greece: medical responsibility: a doctor's view

Malpractice and medical liability have been introduced into Greek reality over the last decade. Forensic sciences hold a key role in the investigation of medical liability cases. Along these lines, the medical examiner stands between colleagues and lawyers, who have divergent intentions in the investigation of such cases. This article offers an overview of the rapidly changing reality in Greece and approaches medical liability from the doctor's viewpoint. The role of forensic science and the medical examiner is portrayed, along with the emerging difficulties in the investigation of medical liability cases. Also attempted is an interpretation of the crisis phenomena that are very often seen between doctors and lawyers. However, the intent of this article is to search for ways to turn competition and tension between medical and law professionals into cooperation and understanding for the best interest for both professions and, more importantly, for the community.     

Occupational hazard: Predictors of stress among jail correctional officers

The plethora of literature on correctional officers and the work environment, more specifically occupational stress, has focused almost exclusively on officers working in prison facilities. The primary purpose of the current study was to examine the predictors of occupational stress and general stress among 373 jail correctional officers in one state in the Northeast, using the Stressors identified in the previous literature on prison correctional officers and occupational stress. The results indicated that organizational strengths, perceived danger, role problems, and job satisfaction were significant predictors of both occupational and general stress. In addition, gender and salary predicted occupational stress while correctional experience and training predicted general stress. Suggestions are made for administrators, as well as future research on the workplace experiences of correctional officers.     

Understanding how sexual offenders compare across psychiatric and correctional settings: examination of Canadian mentally ill sexual offenders

Abstract

Much of what is known about sexual offenders is based on correctional samples and then applied across settings based on the assumption that this group is homogeneous. In this study, 149 files were compared, including 108 cases from the forensic mental health system (FMH) and 41 cases from the correctional system (COR). Although many similarities were observed between the FMH and COR groups, the results also revealed important differences. The FMH group was characterised by more frequent hospitalisations, higher rates of major mental illness and single status. The COR group was characterised by a history of physical and sexual abuse, family history of addictions, more intrusive sexual offences and higher rates of offending. These results highlight different profiles for sexual offenders in forensic mental health and correctional settings and challenge us to consider the implications for assessment, treatment and risk management of this unique group of sexual offenders.     

Alienation and the correctional officer: A multivariate analysis

The increased pressures which have been placed upon correctional institutions in the 1980’s have made the retention of quality correctional officers imperative. Yet many of these officers find prison work to be an unsatisfying experience. This paper attempts to measure levels of alienation among correctional officers and identify factors which may be related to its occurrence. The amount of alienation experienced by 126 correctional officers at a Western state prison was measured utilizing Dean’s Alienation Scale. Alienation levels were found to be related primarily to institutional, and opposed to non-institutional, variables. The implications for correctional administration are discussed.     

A rejoinder to Vaughn and Smith's “Practicing penal harm medicine in the United States: Prisoners' voices from jail”

Correctional health care has improved tremendously over the past 25 years. This rejoinder is a response to an article published in Justice Quarterly by Michael Vaughn and Linda Smith, in which they assert that the quality of correctional health care is suspect in correctional settings, and that an examination of one jail's problems with health care delivery revealed a “penal harm medicine” movement. We call into question such an assertion, claim that the penal harm medicine hypothesis cannot be proven by the data presented by Vaughn and Smith, and state that many of their conclusions are tenuous and harmful to correctional health professionals. We offer an analysis of their claims and suggest a more balanced view of correctional health care.     

Correlates of correctional officer job stress: The impact of organizational structure

Corrections can be a very stressful occupation, producing many negative outcomes for employees. These outcomes, both mental and physical, not only affect the employee, but the entire organization. A large body of literature has focused on identifying correlates of correctional staff job stress; yet, not all of the possible correlates have been studied. One area that has received little, if any, attention is the impact of the organizational structure on correctional job stress. Organizational structure includes issues of centralization, instrumental communication, integration, and organizational justice. The results of multivariate analysis indicate that instrumental communication and procedural justice have a direct effect on correctional staff job stress.     

Managing the costs of modern corrections: Implications of nineteenth-century privatized prison-labor programs

The increasing use of incarceration during the 1980s has resulted in substantial enlargement of the American prison population. In addition, the costs of providing correctional services to this enlarged population has grown dramatically. One solution proposed to address the issue of escalating correctional costs is privatization. Through an examination of the early nineteenth-century New York experience with private-sector prison industrial programs, this article considers the value of privatization as a remedy to unacceptable correctional costs. Nineteenth-century problems are identified, and the implications of these problems for current privatization initiatives, both related and unrelated to prison industries, are discussed.     

Court Orders and County Correctional Expenditures: Power of the Purse?*

Despite much speculation that court orders against correctional facilities have adversely impacted government finances, little empirical investigation has been conducted. Counties, already experiencing severe fiscal crisis, may increasingly allocate more of their budget toward local jails to comply with court-ordered improvements. This hypothesis was tested by examining time series data, case histories, and interviews with government, corrections, and justice officials in three counties. In addition, cross-sectional data from two constructed samples of matched counties compared expenditures in counties under and not under court order. Results suggested that judges were sometimes persistent in seeking reform, even ordering direct expenditures on jails. However, statistical investigation revealed that the effects of judicial intervention were relatively strong in some cases, but weak in others. The effects of court orders on correctional policy are heterogeneous, and the judicial “power of the purse” is limited by various legal and pragmatic constraints.     

The impact of work-family conflict on correctional staff job satisfaction: An exploratory study

Correctional staff job stress has grown dramatically as a result of the increase in inmate populations, legal interventions, and competing ideologies. A wealth of literature has been published on correctional staff job stress. This literature, however, has failed to address the impact of work-family conflict on correctional staff job satisfaction. A survey, administered to correctional staff at a midwestern prison, reveals that role ambiguity and work-on-family conflict have a significant negative effect on correctional staff job satisfaction, while family-on-work conflict does not. Implications are discussed.     

Correctional officers' perceptions of the competency-based counseling training program in taiwan: a preliminary qualitative research

The purposes of this exploratory study are to present a model of the competency-based counseling training program with correctional officers in Taiwan and highlight findings from a qualitative exploration. Grounded theory procedures are used to explore 23 correctional officers' perceptions of the training program. This training program results in positive feelings about the significant learning experience, greater theoretical knowledge, and a greater understanding of the counseling work. In addition, eight themes emerging from the data pertain to the significant experiences of the training process. These themes are outlined and discussed. Implications for correctional officers' counseling training program and research questions for future study are also suggested.     

The good,the bad,and the (sometimes) ugly truths: American penal goals and perspectives

Conclusion Identifying correctional objectives and evaluative criteria is essential to facilitating smooth operational functioning of the correctional system. Complicating this necessity is the tremendous growth and responsibilities of the correctional system as budgets continue to suffer reductions or stagnations. Traditional evaluative studies producing valuable insights, have yet to, for the most part, move beyond recidivism and incarceration rates as performance indicators. This is due mostly to the fact that criminal justicians — scholars and practitioners — and the general public lack consensus regarding correctional goals. Instead, what we are experiencing is an ambivalence placing an unfair burden upon the correctional system to create and maintain effective rehabilitative programs, devise punitive strategies, and fulfill these countervailing missions with decreased financial resources than in the past (relative to case load). To be sure, wardens and correctional administrators are called upon today to do more with drastically fewer dollars. The correctional system, we argue, given its unique task of incapacitating people, demands that scholars, practitioners, and policymakers combine efforts to develop correctional goals. These goals once defined, however, are not to become fixed static categories. Instead, they must remain flexible and imitate or adapt to social and cultural conditions, which is not to say merely reflect public opinion. Rather, correctional goals must consider legal, normative, and other structural changes affecting the correctional system — as many scholars recognize these variables having greater impact on incarceration (see Christie, 2000; Dilulio, 1993; Garland, 2001). This joint effort should take advantage of research-based knowledge and examples of best practices to identify the good aspects, weed out the bad, and eliminate the ugly in the U.S. penal system. An earlier version of this paper was presented by the first author as part of the Presidential Address to the Southern Criminal Justice Association, September 24, 2003 in Nashville, Tennessee.