Psychological Injury and Law: Introduction to the First Issue

In this introductory article to the special series of articles written to initiate the new journal, Psychological Injury and Law, I provide the background and impetus for this fast-growing area as a distinct field of scientific study. Professionals working in the area need to be aware of its diverse components, from evidence law and forensic psychology to disability and assessment, to its three core areas of Posttraumatic Stress Disorder and other distress, chronic pain, and traumatic brain injury, as well as issues such as malingering. I provide summaries of the articles in this special series that appear in this inaugural issue. The remaining articles of the special series of articles to introduce the journal are presented in the next two issues.     

The Impact of Relationship Status, Gender, and Minor Status in the Police Response to Domestic Assaults

Data from police records on 320 domestic violence calls for assistance collected during a four-month period from five jurisdictions operating under a pro-arrest statute in a Northeastern state were examined to determine the distribution of incidents by victim-suspect household relationship. It was hypothesized that, despite the lack of any statutory distinction, police compliance with the requirements of a pro-arrest statute—and mandatory arrest policies—would be higher in incidents involving a parent complainant than in incidents between other household members. Logistic and ordinary least-squares regression indicated that the odds of arrest for cases of child to parent and sibling assault were significantly higher than for other kinds of relationships, especially adult partner cases. Analyses also revealed that police compliance with victim assistance actions was significantly less likely for victims of parent to child and sibling violence relative to other victim-suspect relationships. The police were also more legalistic in the application of the statute to both female victims and female suspects. The implications of the increased role of extra-legal variables in the arrest decision (i.e. age, gender and relationship status) and the police support of parental authority are examined.     

Market Processes, Standardisation, and Tort Law

Private standards play a decisive role in tort law and in administrative law. Although they seem to be a perfect tool to achieve the goal of European integration, they tend to substitute democratic legitimacy with uncontrolled private governance. The loss of democratic control is accentuated by the failure of markets to provide sufficient incentives for standardising organisations to behave in a non-opportunistic manner. The dangers of cartelisation and oligopolistic behaviour are obvious. The approach to overcome these deficits is complex: on the one hand, an institutional governance of private organisations is necessary to incorporate third party interests in the process of enacting private standards; on the other hand, the legal effects of private standards have to be restricted to mere assumptions dependent on the democratic quality of their enacting process. The problem of democratic legitimacy is aggravated by the parallel substitution of state authorities' control by means of private certification organisations which control only the management procedures of firms. As these management systems are difficult to be evaluate, the opportunities for opportunistic behaviour amongst firms and certifiers increases. Moreover, markets themselves fail to discipline certifiers by virtue of a lack of observable factors which might indicate the quality of certification. Tort law, too, cannot fulfil that gap by providing liability for damages caused by undue certifications because tort law suffers from a variety of shortcomings such as missing protection of public goods and difficult assessments of causation linkages. In sum, the author argues for a mixture of market incentives, tort law and administrative law. Each sector must fill in the gaps left by the others.     

Cape Fear– Two Versions and Two Visions Separated by Thirty Years

This essay examines the changes between 1962 and 1991 that occurred in the context within which the two very different versions of Cape Fear appeared. These two versions of the story of a threatened lawyer are emblematic of an altered perspective on law. The essay highlights the tension between art's role as a reflector of society and its values and its role shaping social views. The inference, from the different portrayals of Sam Bowden, that there has been a systematic decline in the lawyer's status and public esteem is not, however, borne out in the cinematic field. The situation has become one of moral ambiguity with the lawyer playing a more ambivalent role in society.     

Paradigm Lost: Public Administration at Johns Hopkins University, 1884-96

Between 1884 and 1896, Herbert Baxter Adams, James Bryce, Richard Ely, Albert Shaw, and Woodrow Wilson, participated in one of the first attempts to build a curriculum specifically aimed at educating American public servants. Their approach to curriculum development did not concentrate on government structure or management skills, but on politics, economics, history, law, and ethics. Their efforts reflected a need to justify local administration, public service, and active government in legal, moral, historical, philosophical, and practical terms. More than 100 years later, their efforts seem both awkwardly archaic and curiously relevant.     

Responding to ADHD youth in the juvenile justice system

Juvenile justice professionals are increasingly faced with the task of understanding the role of psychiatric disorders in contributing to the behavior of juvenile offenders. Attention-Deficit Hyperactivity Disorder (ADHD) is one such disorder that presents at a rate well beyond chance levels in youth in the juvenile justice system. This article provides an overview of the current symptom profile, diagnosis, cause and risk factors for ADHD. The interface of the juvenile justice system and youth with ADHD is described in all aspects beginning with detention through adjudication and disposition.     

CJDATS CO-OCCURRING DISORDERS SCREENING INSTRUMENT (CODSI) FOR MENTAL DISORDERS (MD): A Validation Study

Three standardized screening instruments-the Global Appraisal of Individual Needs Short Screener (GSS), the Mini-International Neuropsychiatric Interview-Modified (MINI-M), and the Mental Health Screening Form (MHSF)-were compared to two shorter instruments, the 6-item Co-Occurring Disorders Screening Instrument for Mental Disorders (CODSI-MD) and the 3-item CODSI for Severe Mental Disorders (CODSI-SMD) for use with offenders in prison substance-abuse treatment programs. Results showed that the CODSI screening instruments were comparable to the longer instruments in overall accuracy and that all of the instruments performed reasonably well. The CODSI instruments showed sufficient value to justify their use in prison substance-abuse treatment programs and to warrant validation testing in other criminal justice populations and settings.