Communitarian Bioethics: Three Case Studies

In recent years, communitarianism has turned bioethics away from an overwhelming emphasis on liberal individualism. Growing emphasis on the common good has created no few dilemmas for medical practitioners used to weighing the interests of their patients above all else. Three cases exemplify the conflict between community and individual interests. The first is the Israel Patient Rights Act (IPRA), a first of its kind statute that allows hospital ethics committees to impose lifesaving treatment on competent patients who refuse medical care. The second case investigates the medical treatment of wounded soldiers and suggests that community based obligations may, in some circumstances, allow physicians to give priority to treating compatriots over non-compatriots. The last case discusses force feeding political detainees. While many physicians are resolved to preserve a hunger striker’s right to refuse food, many state governments are equally resolved to feed them. Hunger striking sets the stage for a classic battle between respect for autonomy and concerns about the public welfare that communitarian principles can help resolve.     

美国的无罪裁决——从1989年到2003年

在1989年8月14日,伊利诺斯州芝加哥市库克郡巡回法院宣布1979年加利·多特森(GaryDotson)强奸案件的判决无效,并撤销了定罪裁决。多特森先生在监狱中服刑达10年之久,后来得到了假释,他并不是美国历史上第一个被无罪释放的无辜的囚犯。但是,该案是美国刑事司法历史上的一个转折点:他是第一个受益于 DNA 鉴定技术而被无罪释放的罪犯。该案掀开了美国刑事司法系统改革的帷幕。在此前,针对被错误定罪的被告作出无罪释放的裁决被视为是反常的情况。但是自从1989年以来,这种少有的事变成了一种令人不安的常见的情况。本研究报告旨在研究美国从1989年到2003年期间所作出的无罪裁决。通过调查那些作出无罪释     

Knowledge of police and court procedures and respect for the law a survey

Data were collected measuring knowledge of procedures and civil liberty protections in the juvenile justice system. In addition, questions from the Rundquist-Sletto Respect for Law Scale were used to assess attitudes toward the system. Three hundred ninety-six subjects, selected through stratified random sampling, were instructed to answer twenty-eight forced-choice questions on procedures and six Guttman-type scale questions on attitudes toward authority, all presented in the context of a brief scenario. Subjects were also asked to indicate age, sex, race, and previous arrest. Several questions were identified as applications of the Miranda decision, and the hypothesis was confirmed that these would be most often answered correctly by all subjects.A brief survey of the development of a separate juvenile justice system is presented. The authors concluded that by relying on informal channels of communication about its role, the court does not meet its obligation to educate the public.     

The effects of complainant age and expert psychological testimony in a simulated child sexual abuse trial

Mock jurors viewed a videotape of a simulated child sexual abuse trial and then deliberated to a unanimous verdict. The complainant was described as either a 13- or 17-year-old female child. Jurors voted to convict more often when the younger complainant was seen, and the younger complainant was rated as more credible than the older complainant. Female jurors voted the defendant guilty more often and rated the complainant as being more credible than male jurors. Jurors voted to convict more often and rated the defendant as less credible when expert psychological testimony was specific to the case than when they were presented with either general expert testimony or no expert testimony. Jurors who saw a psychological expert testify became less accepting of child sexual abuse misconceptions than those in the no expert control condition. The implications of these findings are discussed.Millbrook Correctional Centre     

Municipal Default Patterns: An Historical Study

The incidence of municipal default is closely related to the business cycles in this country. During national depressions nearly all sectors and regions experience defaults, although not with equal severity. Regional borrowing behavior during the boom years preceding depression determines which regions will be most severely affected by national depression. The history of state and local borrowing is briefly surveyed with attention to four major periods of economic expansion and the national depressions that followed. Regional development cycles are then reviewed with a focus on several cases: special district defaults both at the turn of the century and today; Detroit at the beginning of the automobile industry; and Florida in the 1920s. New York City and Cleveland are analyzed in the context of urban crises. Revenue bond defaults, including toll roads and the Washington Public Power and Supply System (WPPSS) are analyzed for special recurring patterns.     

Microchip-based cell lysis and DNA extraction from sperm cells for application to forensic analysis

The current backlog of casework is among the most significant challenges facing crime laboratories at this time. While the development of next-generation microchip-based technology for expedited forensic casework analysis offers one solution to this problem, this will require the adaptation of manual, large-volume, benchtop chemistry to small volume microfluidic devices. Analysis of evidentiary materials from rape kits where semen or sperm cells are commonly found represents a unique set of challenges for on-chip cell lysis and DNA extraction that must be addressed for successful application. The work presented here details the development of a microdevice capable of DNA extraction directly from sperm cells for application to the analysis of sexual assault evidence. A variety of chemical lysing agents are assessed for inclusion in the extraction protocol and a method for DNA purification from sperm cells is described. Suitability of the extracted DNA for short tandem repeat (STR) analysis is assessed and genetic profiles shown. Finally, on-chip cell lysis methods are evaluated, with results from fluorescence visualization of cell rupture and DNA extraction from an integrated cell lysis and purification with subsequent STR amplification presented. A method for on-chip cell lysis and DNA purification is described, with considerations toward inclusion in an integrated microdevice capable of both differential cell sorting and DNA extraction. The results of this work demonstrate the feasibility of incorporating microchip-based cell lysis and DNA extraction into forensic casework analysis.     

Drug screening and confirmation by GC-MS: comparison of EMIT II and Online KIMS against 10 drugs between US and England laboratories

Drug screening through urinalysis is a widely accepted tool for rapid detection of potential drug use at a relatively low cost. It is, therefore, a potentially useful method for detecting and monitoring drug use in a variety of contexts such as the criminal justice system, pre-employment screening and a variety of treatment centers. This article explores the efficacy of two commercially available drug-screening assays: Online KIMS assay (Roche) and EMIT II assays. First, we evaluate the sensitivity and specificity of two immunoassays. A total of 738 urine samples were collected among adult arrestee populations from Chicago, New Orleans and Seattle through the Arrestee Drug Abuse Monitoring (ADAM) program. Partial samples were split within one laboratory and analyzed by both enzymes multiplied immunoassay technique (EMIT) II and kinetic interaction of microparticle in solution (KIMS) assays for a 10-drug panel (amphetamine, barbiturates, benzodiazepines, marijuana, cocaine, methadone, methaqualone, opiate, phencyclidine and propoxyphene). Gas chromatography-mass spectrometry (GC-MS) was used as a confirmation method for all positives from either EMIT II or KIMS for all experiments. Second, the paper examines whether using different testing laboratories plays a role in the final results. The same experiments were repeated at two different testing locations: one in California and one in London and England. Third, the paper studies whether drug testing results vary between two laboratories when each of them had used their own routine screening method: the Forensic Science Service (FSS) at Birmingham, United Kingdom with KIMS assay and Medscreen Limited at London, United Kingdom with EMIT II. In summary, both EMIT II and KIMS assays generate fairly consistent results. The concordance rate against each of the 10 drugs tested is relatively high (97.4-100%). The discrepancies, in most cases, occurred at drug concentrations near the cut-off levels. There were more discrepant results between two laboratories compared to when specimens were analyzed at the same laboratory using two different assays.     

Assessment of Post-Traumatic Stress Disorder: Differences in Standards and Practice between Licensed and Board-Certified Psychologists

The purpose of this study was to examine the current diagnostic standards and assessment practices of psychologists when diagnosing post-traumatic stress disorder (PTSD). A web-based survey was employed to gather information on opinions and assessment practices of psychologists who were either licensed with no board certification, board certified in clinical psychology, or board certified in forensic psychology. Significant differences were found between the three groups of psychologists in frequency of inclusion of Diagnostic and Statistical Manual–Fourth Edition–Text Revision Criterion A, in use of recommended collateral information sources, in use of assessment methods or types of recommended instruments, and in assessing for over-reported PTSD symptoms. Results indicated that board certification status had significant impact on psychologists’ diagnostic standards and assessment practices related to PTSD.