Appeals against detention in conditions of excessive security: outcomes and decision-making

The Mental Health (Care and Treatment) Scotland Act 2003 introduced the right for patients to appeal against detention in conditions of excessive security initially to those in high security. Aim: to further investigate appeal outcomes and to examine Tribunal decision-making. Results: responsible medical officer support, being on the transfer list and not having a diagnosis of learning disability increased the chances of a successful appeal. Qualitative analysis of the Tribunal’s decision-making produced 5 themes and 17 subthemes. These were used to develop a ‘checklist’ framework to improve understanding of relevant appeal factors. Conclusions: Neither appeal outcomes nor patient characteristics have changed over time. The checklist may be useful as a training tool and clinical guide. This study is timely given that the Mental Health (Scotland) Act 2015 extended the right of appeal against excessive security to patients detained within medium secure units from November 2015.     

Treatment and Intervention for Opiate Dependence in the United Kingdom: Lessons from Triumph and Failure

The history of opiate treatment in the United Kingdom (UK) since the early 1980s is a rich source of learning about the benefits and pitfalls of drug treatment policy. We present five possible lessons to be learnt about how factors outside the clinic, including government, charities and researchers can influence treatment and outcomes. First, do not let a crisis go to waste. The philosophical shift from abstinence to harm reduction in the 1980s, in response to an HIV outbreak in injecting users, facilitated expansion in addiction services and made a harm reduction approach more acceptable. Second, studies of drug-related deaths can lead to advances in care. By elucidating the pattern of mortality, and designing interventions to address the causes, researchers have improved patient safety in certain contexts, though significant investment in Scotland has not arrested rising mortality. Third, collection of longitudinal data and its use to inform clinical guidelines, as pursued from the mid-1990s, can form an enduring evidence base and shape policy, sometimes in unintended ways. Fourth, beware of the presentation of harm reduction and recovery as in conflict. At the least, this reduces patient choice, and at worst, it has caused some services to be redesigned in a manner that jeopardises patient safety. Fifth, the relationship between the third and state sectors must be carefully nurtured. In the UK, early collaboration has been replaced by competition, driven by changes in funding, to the detriment of service provision.     

Correlates of prisoner misconduct

Using a nationwide sample of 5586 state-prison inmates, relationships between the frequency of officially reported institutional misconduct (as reported by the inmates) and certain preinstitutional and institution-related inmate traits were examined. Findings indicate that rule-breaking behavior is associated with being young, black, and male, having a relatively high number of prior convictions, having been unemployed prior to incarceration, and having been imprisoned for a relatively long period of time. Furthermore, such misconduct shows no relationship to domestic status, educational achievement, alcohol and drug problems, military service, income level, current offense, interaction with family and friends outside of prison, hours spent outside of cell, and daily activity. Policy implications are addressed. Misconduct is considered within the broad context of interaction among inmate traits, prison-level characteristics, and extrainstitutional factors.Earlier version presented at the 1984 annual meeting of the American Sociological Association, San Antonio.     

Late Appropriations and Government Shutdowns: Frequency, Causes, Consequences, and Remedies

This article reviews the history of government shutdowns and evaluates their effects. It first discusses the frequency of late appropriation bills, especially since the passage of the Congressional Budget Act in 1974. Then it examines the commonly suspected causes and the resulting consequences (the most extreme being government shutdowns). Remedies are suggested to alleviate financial, managerial and political costs of government shutdowns.     

Older and more recent evidence on racial discrimination in sentencing

Examination of previous studies of racial discrimination in sentencing indicates more widespread evidence of discrimination than allowed in three separate reviews by M. J. Hindelang [(1969).J. Crim. Law Criminal. Police Sci. 60: 306–313], J. Hagan [(1975). InThe Aldine Crime and Justice Annual, Aldine, Chicago], and G. Kleck [(1981).Am. Social. Rev. 46: 783-805]. It is not the case, as these reviewers suggest, that racial discrimination is a thing of the past, shown almost exclusively for capital offences from the American South, and often supported only because relevant legal variables were not controlled. In addition, analysis of recent (1977) data from a non-Southern state (Pennsylvania) covering noncapital offenses and including recommended controls shows that evidence of racial disparity in sentencing is revealed more clearly when separate analyses are conducted within levels of urbanization. The labeling perspective and conflict theory guide our interpretation.