The standard of care and expert evidence of accepted practice in medical negligence

The topic of this article is the perennial issue in medical negligence litigation of various kinds of the extent to which it is a defence to a charge of lack of reasonable care that the defendant's conduct complied with accepted professional practice. Recent English interpretations of the controversial Bolam principle are considered, before the current approach of the courts and the Health and Disability Commissioner in New Zealand is described, using case illustrations. In New Zealand expert medical opinion of accepted practice is relevant to, but not conclusive of, the standard of care. There is, however, more freedom than pursuant to the current English approach for a decision-maker to reject expert opinion of accepted practice, because he or she is able to examine not just the logical defensibility of the practice but its overall reasonableness, including where the practice involved a risk assessment on a matter of clinical judgment. A decision to reject expert opinion of accepted practice is more readily made in areas which do not involve assessment, diagnosis and treatment.     

Access to justice for New Zealand health consumers

New Zealand has evolved a just, sensible and balanced system for addressing adverse medical events. This article considers potential changes to enhance justice for health consumers after an adverse event. Patient motivations for claiming are described. Changes to the complaints regime are considered with the aim of opening up access to the Human Rights Review Tribunal. Modest change only is advocated, to avoid the potential for the tribunal to become a de facto appeal mechanism. The preferable solution is greater access to Health and Disability Commissioner investigations. The second part of the article considers changes, some implemented already, to the compensation regime to make it more affordable. These will compromise the ability of the scheme to address the remedial interest of injured patients in compensation. Undesirable consequences are likely to occur across the system. Policy-makers need to consider the ramifications of change for the system as a whole.     

Lessons from Orgreave: Police Power and the Criminalization of Protest

In October 2016, the Home Secretary ruled out a public inquiry into the ‘Battle of Orgreave', arguing that ‘very few lessons’ could be learned from a review of practices of three decades ago. It was suggested that policing has undergone a progressive transformation since the 1984–5 miners’ strike, at political, legal, and operational levels. This article, in contrast, charts a significant expansion of state control over public protest since the strike, including a proliferation of public order offences and an extension of pre‐emptive policing powers. Whilst concerns have been raised about the impact of these developments on protest rights, there is an absence of socio‐legal research into the operation of public order powers in practice. In this article, I begin to fill this lacuna. Drawing on three empirical case‐studies of protesters’ experiences of arrest and the criminal justice process, I highlight the relevance of Orgreave for contemporary policing practice.     

A comparison of weighted and unweighted analyses in the national Crime Victimization Survey

The National Crime Victimization Survey (NCVS) data tapes include several variables of weights that reflect how many households or persons are represented by a given data record. While these sampling weights are crucial for estimating overall victimization rates, they do not have as much of an effect on methodological models, because weights in the NCVS are used primarily in ratio estimation adjustments and to compensate for a relatively low nonresponse rate. The general use of weights is discussed, and several examples are given that indicate that although there may be some differences in the coefficients, the basic conclusions drawn from the models are the same with or without weights. It is recommended that weighted analyses in the NCVS be used primarily as a tool in model development.     

The impact of recidivism and capacity on prison populations

Prison crowding currently poses a serious problem for society. This problem is attributable to a failure to anticipate and plan for the increased numbers of individuals sentenced to prison over the last decade. Crowded prisons have forced many jurisdictions to release prisoners earlier than would have been the case with unlimited prison capacity and to initiate expensive prison construction programs. In this paper, we develop a prison population projection model that extends previous work by considering the impact of limited prison capacity on time served, releases, and future admissions. The model was demonstrated for the State of North Carolina. Results suggest the tradeoffs that exist between prison capacity and punitiveness as measured by time served in prison.Points of view are those of the authors and do not necessarily represent the official position of the U.S. Department of Justice.     

A methodology for assessing citizen perceptions of police

This study was initiated to determine perceptions that Wichita community residents hold toward their police. A scale, Citizen's Perception of the Police, was developed. Race and dogmatism were examined as variables influencing perceptions. Non-white residents evaluated police less favorably than did whites. No significant difference was found on level of dogmatism in evaluating the police. The methodology for developing the scale is described. Applications of these methods to other communities was suggested as well as the importance of assessing citizen perceptions of the police to obtain data which will optimize the setting of goals for police-community relations programming.     

Identification Accuracy of Children versus Adults: A Meta-Analysis

Identification accuracy of children and adults was examined in a meta-analysis. Preschoolers (M = 4 years) were less likely than adults to make correct identifications. Children over the age of 5 did not differ significantly from adults with regard to correct identification rate. Children of all ages examined were less likely than adults to correctly reject a target-absent lineup. Even adolescents (M = 12–13 years) did not reach an adult rate of correct rejection. Compared to simultaneous lineup presentation, sequential lineups increased the child–adult gap for correct rejections. Providing child witnesses with identification practice or training did not increase their correct rejection rates. Suggestions for children's inability to correctly reject target-absent lineups are discussed. Future directions for identification research are presented.