The Notion of Consent to Sexual Activity for Persons with Mental Disabilities

This paper seeks to examine the notion of consent to sexual activity as it is applied to situations involving persons with mental disabilities both by both medical professionals and the law. This will be achieved by analysing sexuality and consent through the lens of disability theory and subsequently by including feminist theories on the notion of consent and of sexual activity generally where this serves to assist in coming to a genuine assessment of the nature and existence of consent to sexual activity for persons with mental disabilities. It is concluded that in order to ensure that genuine substantive consent to sexual activity on the part of the persons with mental illnesses is accurately assessed at both a civil and criminal level, a fusion of both feminist and disability theory into such assessments and adjudications is vital.     

The clinician–patient working alliance: is it a significant predictor of psychiatric medication adherence in a sample of recently released parolees?

Persistent psychiatric symptoms can serve as a major barrier to the successful reintegration of parolees with mental illness. Thus, it is important to identify factors that might impact their mental health recovery, such as low adherence to their treatment regimen. The strength of the clinician/patient working alliance has been found to be significantly associated with psychiatric medication adherence in prior research, but this relationship has not been assessed in a parolee population. Logistic regression analysis was used to determine if patient-rated working alliance was a significant predictor of low psychiatric medication adherence while taking into account alcohol/illegal drug use, age, and ethnicity in a sample of recently released parolees with mental illness (N = 49). Patient-rated working alliance, age, and ethnicity were not significant predictors of low adherence. Alcohol/illegal drug use during the follow-up period was associated with a significantly increased likelihood of meeting the criteria for low medication adherence (OR = 8.36; 95% CI = 1.60, 43.66). While working alliance was not found to be a significant predictor of medication adherence in this study, further research is needed to examine how substance misuse impacts the clinician–patient working alliance in this population.     

Armed,but too dangerous? Factors associated with citizen support for the militarization of the police

Images of police officers riding in armored vehicles and carrying military-grade weapons have become part of the public consciousness following the events in Ferguson, Missouri and several other high-profile police–citizen encounters. Although a great deal of research has investigated how and why US citizens perceive the police in various ways, almost no empirical work has asked how citizens perceive the militarization of the police. The current study analyzes data from a survey of 1005 US citizens to identify characteristics that are related to support for the use of military weapons and vehicles by local police departments. The results indicate that several demographic factors and perceptions of crime and the police are significantly related with citizen support for the militarization of the police. The implications of this research are discussed.     

Justice in relationships: Calgary community conferencing as a demonstration project

Contemporary and alternative justice paradigms lead to definitions of wrongdoing as "lawbreaking" and "harm to social relationships" respectively. The retributive model within the contemporary justice paradigm results in strategies to accomplish justice that focus almost exclusively on the wrongdoer. In contrast, the restorative model within the alternative justice paradigm yields justice practices that focus on the relationships among all individuals harmed by the wrongdoing. Calgary Community Conferencing is an example of a restorative approach to wrongdoing. The relational emphasis of this program is operationalized through its organizational location, intended outcomes, and program activities. The challenges faced by Calgary Community Conferencing provide other agencies with ideas about dilemmas they might encounter in attempting to develop restorative justice programs.     

The moral hazards of neo-liberalism: lessons from the private insurance industry

The key tenets of neo-liberalism regarding risk, governance, and responsibility are critically evaluated through an empirical study of the private insurance industry. Recent tendencies in this industry towards increasing segmentation of consumers regarding risk, and towards an expansion of private policing of insurance fraud, are analysed. The definition of moral hazard is broadened to include all parties in the insurance relationship, not just the insured. Moral hazards embedded in the social organization of private insurance lead to various kinds of immoral risky behaviour by insureds, insurance companies, and their employees, and to intensified efforts to regulate this behaviour. The analysis concludes with some critical observations about the neo-liberal emphasis on minimal state, market fundamentalism, risk-taking, individual responsibility, and acceptance of inequality.     

Asia-Pacific news

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or developments.