The relation between autonomy-based rights and profoundly mentally disabled persons

A chapter from his forthcoming book "Deciding for the Profoundly Mentally Disabled," Professor Norman Cantor argues persuasively for the right of incompetent persons to have a surrogate make critical medical decisions on their behalf, particularly in the context of refusing life-sustaining treatment. While abusive surrogate decision-making is always a concern, Professor Cantor recommends both substantive and procedural protections in order to preserve intrinsic human dignity for the profoundly disabled.     

The Competence-Related Abilities of Adolescent Defendants in Criminal Court

Increasing numbers of youths are being tried in criminal court because of statutory measures that have decreased the use of judicial review as the primary mechanism for transfer. The relative immaturity of adolescents suggests that transferred youths might have impaired competence-related abilities compared to adults. To test this hypothesis, we compared the competence-related abilities and developmental characteristics of a sample of direct-filed 16-17-year-olds charged in criminal court in the state of Florida (Direct File sample) to a sample of 18-24-year-old adults charged in criminal courts (Adult Offender sample) and to a separate sample of 16-17-year-olds charged in juvenile court (Juvenile Court sample). Results indicated that there were few differences between the Direct File youths and Adult Offenders. The differences that were observed suggested that the Direct Filed youths performed slightly better than the Adult Offender group and the Juvenile Court youths charged in juvenile court. These findings suggest that as a group, 16-17-year-old Direct File adolescents do not have significant deficits in competence-related abilities due to age or immaturity.     

The insanity defense

Changing thelegal test definition of insanity remains the remedy of choice when insanity outcomes appear problematic, despite empirical studies showing no significant differences among tests. An alternative strategy suggests changing theverdict schema, although critics contend that jurors will reach compromise verdicts that are unconscionable and incoherent. Undergraduate subjects (N=179) rendered insanity verdicts and ratings for four insanity cases using one of four different verdict schemas: a traditional two-choice schema, a three-choice schema (DR) without instructions, a threechoice schema (GBMI) with instructions, and a sequential schema proposed by Finkel (1988) that separately assesses different types of culpability. When internal consistency measures between verdicts and broad ratings and specific construct ratings of the defendant were examined, the sequential schema produced the highest internal consistency, reducing the most error variance and yielding the highest prediction criterion of any of the schemas.     

The Evolution and Application of a Screening Instrument to Identify Adolescents with Developmental Disabilities

The evolution and application of this screening instrument, the Adolescent Developmental Disabilities Screening (ADDS), is based on the spectrum model of developmental disabilities. Scale construction is outlined, including the selection and revision of screening criteria and tasks. Results of multiple discriminant, factor, and correlational analyses are reported and suggest the instrument to be a powerfully discriminating measure, and reliable internally as well over time. Development and application of the measure are discussed in the context of an identified need within the juvenile justice system where the prevalence of developmental disabilities far exceeds that of the general population. The screening test appears to be well-suited for a variety of human service and educational settings.