Patient competence and professional incompetence: disagreements in capacity assessments in one Australian jurisdiction, and their educational implications

The determination of capacity to make medical, personal and financial decisions has significant individual and social implications. Medical and other health professionals are traditionally relied on by courts and tribunals to provide clinical and psychometric evidence of the presence or absence of capacity, or competence. Concern has long been expressed over the variability of these assessments. A survey of 285 decisions of the Queensland Guardianship and Assessment Tribunal (GAAT) between 2005 and 2008 was conducted to estimate the incidence of disagreement between health professionals in capacity assessments; to provide examples of conflicting assessments and models of assessment used; and to consider the educational implications of disagreements. While the final capacity determinations by the GAAT appear sound, this case series, and other studies in the capacity literature, strongly suggest the need to improve the education of health professionals, especially doctors, at undergraduate and postgraduate levels, in the practical assessment of capacity as a fundamental clinical skill.     

Inter- and intra-subject variability in ethanol pharmacokinetic parameters: effects of testing interval and dose

Calculation of a blood alcohol concentration (BAC) at the time of an offence by forward or back-extrapolation, using population average values for ethanol pharmacokinetic parameters or a single estimate of individual specific parameters, ignores the possibility of inter- and intra-subject variability. In order to estimate inter- and intra-subject variability in the elimination rate and absorption rate, BAC was measured over time in 12 male volunteers on 4 occasions. Subjects received 0.44 g kg(-1) body weight of ethanol on the first study day, and 0.70 g kg(-1) body weight on subsequent study days 1, 11 and 12 weeks later, to enable comparisons in variability over short and long time periods and when the same or different doses were administered. Evidence of both inter- and intra-subject variability was found, with inter-subject variability substantially smaller than intra-subject variability when the dose varied. Forensically important differences in pharmacokinetic parameters were observed within individuals between occasions. These findings could have an important impact on medico-legal issues related to ethanol pharmacokinetics.     

Associations Between Shyness and Internalizing Behaviors,Externalizing Behaviors,and Relationships during Emerging Adulthood

Many studies have documented the ways in which shyness can be a barrier to personal well-being and social adjustment throughout childhood and adolescence; however, less is known regarding shyness in emerging adulthood. Shyness as experienced during emerging adulthood may continue to be a risk factor for successful development. The purpose of this study was to compare shy emerging adults with their non-shy peers in (a) internalizing behaviors, (b) externalizing behaviors, and (c) close relationships. Participants included 813 undergraduate students (500 women, 313 men) from a number of locations across the United States. Results showed that relatively shy emerging adults, both men and women, had more internalizing problems (e.g., anxious, depressed, low self-perceptions in multiple domains), engaged in fewer externalizing behaviors (e.g., less frequent drinking), and experienced poorer relationship quality with parents, best friends, and romantic partners than did their non-shy peers.

Opinion Taking within Friendship Networks

Communication within friendship networks can provide gains in efficiency that help individuals enrich their understanding of politics. Through two panel survey experiments, we demonstrate that the dissemination of an individual's opinion about the hazards posed by public policies can have both durable and significant effects on the policy judgments of friends. These effects are conditioned by both the content of the communication and the recipient's level of political awareness. Opinions emphasizing potential risks carry more weight than those that attempt to alleviate concerns about potential risks. Moreover, opinion transmission is more effective for subjects who are less politically aware when policy issues are salient; but when the political issue is more esoteric, friends who are more politically aware evidence greater opinion change.     

‘We who strive for the foundation of a principle’: feminism and suffrage in the biography of Bessie Parkes Belloc

ABSTRACT

Bessie Rayner Parkes (later Belloc, 1829–1925) was a central figure in British women’s rights activism during the 1850s and 1860s. She was founding editor of the feminist English Woman’s Journal and one of the organisers of the pioneering 1866 petition for women’s suffrage. She lived long enough to witness some women gaining the vote in 1918, by which time her children, Marie Belloc Lowndes and Hilaire Belloc, were themselves public figures who had taken up opposing positions on women’s suffrage. This article takes as its starting point 1866, a pivotal moment in nineteenth-century agitation for women’s suffrage and in Parkes Belloc’s individual biography, before moving to a longer view of her feminist life before and after this date. It demonstrates the value of a biographical approach to exploring the diversity of perspectives and experiences of women within first-wave feminism and the suffrage movement.     

An Exploratory Study of Emotional Intelligence and Domestic Abuse

To date, there is no literature specifically addressing the relationship between spousal battering and emotional intelligence, a concept that captures the success, or lack thereof, of a person's functioning in their immediate environment. Forty-four men convicted of spousal assault and 76 undergraduate students completed the Emotional Quotient Inventory (EQ-i; R. Bar-On, BarOn Emotional Quotient Inventory: User's Manual, Multi-Health Systems, Inc., Toronto, 1997), the Propensity for Abusiveness Scale (PAS; D. G. Dutton, J. Fam. Violence 10(2): 203–221, 1995), and the Balanced Inventory of Desirable Responding (D. Paulhus, J. Pers. Soc. Psychol. 46: 598–609, 1984; Assessing Self-Deception and Impression Management in Self-Reports: The Balanced Inventory of Desirable Responding, Unpublished manual, University of British Columbia, Vancouver, Canada, 1988; In Measures of Personality and Social Psychological Attitudes, Academic Press, San Diego, CA, pp. 17–59, 1991). Results of this exploratory study indicate that batterers score significantly lower than the general population on all components of EQ-i. Additionally EQ-i total and subscale scores for both samples correlate negatively and significantly with scores on PAS, suggesting that deficits in various components of emotional intelligence are related to an increase in the propensity to be abusive. Implications for batterer treatment are discussed.     

Tunnel vision: The regulation of endocrine disruptors

This study examines the failure of a small but significant element of U.S. chemical regulatory policy: the Endocrine Disruptor Screening Program (EDSP). A range of conditions are implicated in the failure of this program, but one condition, the scientific testing and regulation paradigm (STRP), seems particularly important and ties the failure of EDSP to the failure of other U.S. chemical regulatory programs. This paradigm is a group of assumptions that have driven pesticide (and other chemical) regulatory policy since World War II. This study investigates the relationship between STRP and the failure of EDSP, the potential efficacy of alternatives to this program, and one alternative that broke from this paradigm. Ultimately, this study suggests that we must revise the role of science in regulation in order to find effective alternatives to modern chemical regulatory policy.     

Extralegal factors and the sentencing of organizational defendants: An examination of the Federal Sentencing Guidelines

The Federal Sentencing Guidelines were developed to provide uniform and standardized punishments for eliminating sentence disparities based on legally irrelevant factors. While research at the individual level showed that extralegal factors continued to affect sentence outcomes, no such research determined if these factors influenced sentencing of organizational offenders. This article extends the unit of analysis beyond the individual and toward organizational offenders to determine if total fine amounts are affected by extralegal organizational characteristics. Relying on post-1991 organizational defendant's data, the findings indicated both legal and extralegal factors significantly affected fine outcomes for organizational offenders. As expected, several legal factors significantly affected fine outcomes. At least two extralegal variables, economically solvent and closely held organizations, however, exerted significant effects in predicting the total fine amount imposed. Similar to research at the individual level, this study indicated that extralegal or legally irrelevant factors had some level of impact upon sentencing under the guidelines.     

The Mutual Obligation Policy in Australia: The rhetoric and reasoning of recent social security policy

Since 1997, the Australian Federal Liberal Government has introduced policies which have sought to reduce rates of unemployment, particularly long-term unemployment. The policy, known as Mutual Obligation, increased the expectations on unemployed people in return for their social security payment. At the same time, previous labour market programmes and government assistance schemes were scrapped or privatised. This article explores the justification of the term 'Mutual Obligation' by examining both the language and the underlying principles of the policy. By defining the problem of unemployment in terms of flaws in the previous social security system, the stage is set for the government to introduce policies which remedy those flaws by emphasising self- reliance in favour of government assistance. Further, by invoking notions of fairness and mutuality, the article argues that the term 'Mutual Obligation' masks both the extent and the strength of the obligations imposed on unemployed people.