Functional mental capacity is not independent of the severity of psychosis

BACKGROUND: Function-specific mental capacities are the legal criteria for competence. These are regarded as superior to clinical assessments of mental state and general function. AIMS: To determine whether tests of fitness to plead and capacity to consent are independent of each other and independent of mental state and global function in psychosis. METHOD: The MacCAT-T and MacCAT-FP, PANSS and GAF were administered to 102 compulsorily detained forensic patients with psychosis. Criteria for incompetence were inability to express a preference concerning treatment, and independent rating as unfit to plead. RESULTS: MacCAT-T, MacCAT-FP totals and sub-scales correlated with each other and with PANSS and GAF. Those independently rated unfit to plead or who were incapable of making a treatment choice scored significantly worse on all rating scales. No test had satisfactory sensitivity or specificity. CONCLUSIONS: Legal definitions of mind and of functional capacity offer a basis for structured clinical judgement regarding decision-making capacity. However, function-specific measures of understanding, reasoning and appreciation generate much the same results as measures of mental state and global functioning.     

Participant or Spectator? Victim‐Focused Political Activity since 2010

The public significance of the victim has shifted over successive governments. Each party, when in power, has utilised and politicised the victim to support its policy and legislative agenda. However, on the whole, this attention has been reserved for those who are victims of serious crime (such as murder, sexual violence and domestic abuse) and not volume offences (such as burglary, criminal damage, theft). Recent years have seen the inquiry rising in popularity, a ‘quick political fix’ to satisfy victims—and the public—that action on societal ills is being taken. However, in so doing, successive governments have, perhaps inadvertently, tended to replicate the ‘hierarchy of victimisation’ that is witnessed in frontline criminal justice activities. This has the result of affording victims only a spectator role when policy and legislative changes are being developed in their name. By contrast, the actions taken in developing expert and practitioner‐led policy around victim experience have proved to be more ‘successful’ in generating lasting change. This article suggests that there is no single ‘right’ approach to involving victims in policy development, but that each particular incident or situation needs consideration as how most ‘effectively’ to involve first‐hand victim experience.     

Sir Mark Potter And The Protection Of The Traditional Family: Why Same Sex Marriage Is (Still) A Feminist Issue

In Wilkinson v. Kitzinger, the petitioner (Susan Wilkinson) sought a declaration of her marital status, following her marriage to Celia Kitzinger in British Columbia, Canada in August 2003. The High Court refused the application, finding that their valid Canadian marriage is, in United Kingdom law, a civil partnership. In this note, I focus on Sir Mark Potter’s adjudication of the human rights issues under Articles 8, 12 and 14 of the European Convention on Human Rights (E.C.H.R.), highlighting his restatement of the ideology of the ‹traditional’ family as natural, normative and desirable. I argue that this case shows that the exclusion of same sex couples from marriage is a feminist issue, because denying same sex couples access to marriage works to sediment patriarchal ideas and re-inscribe gender roles within the family. Wilkinson v. Kitzinger [2006] E.W.H.C. (Fam.) 2022; [2006] H.R.L.R 36     

Declining employment among young black less‐educated men: The role of incarceration and child support

In this paper, we explore the continuing decline in employment and labor force participation of nonenrolled Black men between the ages of 16 and 34 who have a high school education or less in the 1980s and 1990s. We focus on two fairly new developments: (1) the dramatic growth in the number of young Black men who have been incarcerated and (2) strengthened enforcement of child support policies. We analyze micro‐level data from the Current Population Survey Outgoing Rotation Groups (CPS‐ORG), into which state‐level data over time on incarceration rates and child support enforcement have been merged. Our results indicate that previous incarceration and child support enforcement can account for half or more of the decline in employment activity among Black men aged 25–34. Previous incarceration also contributes to the decline among those aged 16–24. © 2005 by the Association for Public Policy Analysis and Management     

Gramm-Rudman-Hollings: Origins and Implementation

On December 11, 1985, Congress passed the Balanced Budget and Emergency Deficit Control Act of 1985. This bill, popularly known as Gramm-Rudman-Hoilings, was signed by the president on December 12.
The act represents a dramatic departure from traditional approaches to budgeting and fiscal policy. The merits of the new approach have been widely debated, and the purpose of this article is not to judge the process, but rather to describe it and to offer one explanation of how it came into existence.     

Government stewardship and primary health care in Guatemala since 1996

This article analyzes the role of government stewardship in the expansion of primary health care in post‐conflict Guatemala. By the time the Peace Accords were signed in 1996, the country's primary health care system was scarcely functioning with virtually no services available in rural indigenous areas. To address this gaping void/deficiency, the Ministry of Public Health and Social Assistance (MSPAS) embarked on a progressive expansion of primary services aimed at covering the majority of rural poor. Through a series of legal, policy, and program reforms up to 2014, the MSPAS dramatically expanded primary coverage and greatly improved basic health indicators for the entire population. To succeed in this effort, the MSPAS and its partners needed to simultaneously grow their stewardship capacity to oversee and develop the primary health system. On the basis of recent health systems strengthening literature, we propose a stewardship framework of 6 critical functions and use it to analyze the gains in government capacity that enabled the achievement of many of the country's primary health goals. Of the 6 stewardship functions, “building relationships, coalitions, and partnerships” especially with civil society organizations stands out as one of the keys to MSPAS success.     

The Salinity Crisis in Western Australia: A Case of Policy Paralysis

This article focuses on the Court government's development of a State Salinity Strategy during the 1990s which took nine years from the initial announcement to the final realease. Western Australia has 70 percent of the nation's dryland salinity, a figure widely regarded as representing a potential environmental disaster with significant flow-on economic and social impacts. The paralysis that has surrounded decision-making on this issue is examined as a case study in the lack of effectiveness of government policy-making capacity on the environment. The shortcomings of the Salinity Strategy examined in the article include a lack of a leadership role for government, inadequate resourcing and weaknesses in the supporting institutional arrangements.     

An evaluation of the application of the new public management principles in the South African municipalities

New public management (NPM) was introduced in the western world with a sole purpose of reforming the public sector and its approaches in managing affairs of the state. These reforms were later adopted in some parts of the African continent including in the sub‐Saharan Africa trying to emulate the successes of the developed economies of the world. South Africa as one of the countries in Africa also sought to shift from its apartheid bureaucratic, inefficient and rule driven management of public affairs. To this end, the democratic South Africa aligned its constitutional provisions with the principles of NPM which include but are not limited to participatory planning, decentralisation, performance management, effectiveness and efficiency. These principles were introduced precisely to better manage the state and its resources including at the local sphere of government. Local government in South Africa is underpinned by its own sets of policy frameworks. This conceptual paper seeks to evaluate the application of NPM principles in the South African municipalities. The said evaluation was undertaken through a review of existing literature. The paper concludes that the application of the said principles in the South African municipalities is confronted by some challenges including lack of political will, corruption as well as lack of skills and capacities. Necessary recommendations have been developed to enhance the performance of municipalities so as to achieve the otherwise good intended provisions of the NPM.     

Hedge fund regulation, market discipline and the Hedge Fund Working Group

The first 150 words of the full text of this article appear below. Key points

• Against a general background of suspicion, criticismand even hostility, the recently formed Hedge Fund Working Group(HFWG), comprising 14 leading fund managers based mainly inthe United Kingdom, published their Final Report in January2008.
• The Report is based on standards of best practice (the‘Standards’ of which there are 28) that are, inthe final analysis, to be administered by a newly establishedHedge Fund Standards Board (HFSB)—a self-regulatory bodycharged with the responsibility of keeping the Standards up-to-dateand ‘fit for purpose’.
• Borrowing from both theFinancial Services Authority's Principles for Business, whichrepresent bold statements of good business practice within theUK's financial services sector, and the Combined Code on CorporateGovernance's voluntary approach of ‘comply or explain’,the Standards are heralded by the HFWG as ‘an exercisein market discipline, based on disclosure’.
• The unprecedentednature of recent financial market . . . [Full Text of this Article]