Administrative "health courts" for medical injury claims: the federal constitutional issues

Our article analyzes whether the federal government may constitutionally supplant a traditional system of common-law trials before state judges and juries with new federal institutions designed by statute for compensating victims of medical injuries. Specifically, this article examines the federal constitutional issues raised by various proposals to replace traditional medical malpractice litigation in state courts with a federal system of administrative "health courts." In doing so, we address the following constitutional issues: 1. Is there federal authority to preempt state law (the commerce clause and spending clause issues)? 2. May jurisdiction be created in non-article 3 tribunals, and may claims be decided without trial by jury (the separation of powers and Seventh Amendment issues)? 3. Would pilot programs that require some claims to be pursued in a federal administrative forum while other claimants are left to pursue traditional state tort law remedies be constitutional (the equal protection issue)? The article concludes that a federal compensation system through administrative health courts should be constitutional provided the statute is appropriately drafted and that appropriate factual findings are made concerning the benefits to patients and the public as well as to doctors and their insurers.     

Examining the “CSI-effect” in the cases of circumstantial evidence and eyewitness testimony: Multivariate and path analyses

As part of a larger investigation of the changing nature of juror behavior in the context of technology development, this study examined important questions unanswered by previous studies on the “CSI-effect.” In answering such questions, the present study applied multivariate and path analyses for the first time. The results showed that (a) watching CSI dramas had no independent effect on jurors' verdicts, (b) the exposure to CSI dramas did not interact with individual characteristics, (c) different individual characteristics were significantly associated with different types of evidence, and (d) CSI watching had no direct effect on jurors' decisions, and it had an indirect effect on conviction in the case of circumstantial evidence only as it raised expectations about scientific evidence, but it produced no indirect effect in the case of eyewitness testimony only. Finally, implications of the present study as well as for future research on the “CSI-effect” on jurors are discussed.     

Integration of Pre-Employment Polygraph Screening into the Police Selection Process

The authors provide a polygraph primer for police psychologists involved in law enforcement personnel selection. Law-enforcement pre-employment polygraph examinations are a decision-support tool intended to add incremental validity to the personnel selection process. Problems stemming from the use of the polygraph may be related to misunderstanding of the polygraph test and to field practices surrounding the use of polygraphy in the police selection process. Potential problems can result from ineffective selection of test issues, poorly constructed test questions and misguided policies surrounding the use of the polygraph. The authors review the history of polygraph screening, research, and field practices, and suggest that using polygraph results alone to disqualify a candidate from employment is a misguided field practice. Suggestions are offered for maximizing the decision-support value of the polygraph. Polygraph examination targets are discussed, with emphasis on selecting actuarially derived predictors associated with increased success in law enforcement training and job performance. The authors provide recommendations for field practice, and propose that police psychologists may be most suited to effectively integrate the polygraph results and information into the hiring recommendation process.     

Assaultive behavior in state psychiatric hospitals: differences between forensic and nonforensic patients

Forensic patients are occupying an increasingly large number of beds in state psychiatric hospitals. The presence of these mentally ill offenders has raised concerns about the risk they present to nonforensic patients. This study compared the rate of assaults and factors associated with assaultive behavior among 308 nonforensic patients and two groups of forensic patients including 469 patients found not guilty by reason of insanity and 76 pretrial patients. Consistent with other studies, nonforensic patients had higher rates of assaults than either group of forensic patients. However, being a forensic patient did not affect the odds of assault when controlling for the effects of demographic and clinical variables in a multivariate logistic regression analysis. Factors associated with assaults in each of the three patient groups were identified using multivariate analyses. Implications are presented for treatment of assaultive behavior, mixing of forensic and nonforensic patients within state hospitals, forensic release policies, and future research.