Therapeutic jurisprudence: A framework for evidence-informed health care policymaking

Translation of evidence-based practice (EBP) into health care policy is of growing importance, with discussions most often focused on how to fund and otherwise promote EBP through policy (i.e., at system level, beyond the bedside). Less attention has been focused on how to ensure that such policies - as enacted and implemented, and as distinguished from the practices underlying policies - do not themselves cause harm, or at least frustrate accomplishment of "therapeutic" goals of EBP. On a different front, principles of therapeutic jurisprudence (TJ) in law have been developed, most prominently in certain areas of law (e.g., mental health and family law), to support more collaborative, less traumatic advocacy and conflict resolution. This paper draws on current applications of TJ and translates such into a therapeutic approach to health care policymaking that moves beyond promotion of EBP in policy. Health care policy itself may be viewed as an intervention that impacts health, positively or not. The goal is to offer a framework for health care policymaking grounded in TJ principles that does not focus on which evidence is "right" for policy use, but rather how we can better understand how consequences of policy, intended or not, affect the well-being of populations. Such framework thus moves policymaking from an either/or debate to a data- and human-driven process. Utilizing TJ framing questions, policies can be developed and evaluated through open dialogue among diverse voices at the table, including - like interventions - the "patients" or, here, targets of such policies. Collectively, they clarify how ends sought - to enhance (or at least not impair) health - can best be achieved through policy when needed, recognizing that as an intervention, there are limits to and boundaries on the usefulness of policy.     

Snitching,Lies and Computer Crashes: An Experimental Investigation of Secondary Confessions

Two laboratory studies with 332 student participants investigated secondary confessions (provided by an informant instead of the suspect). Participants allegedly caused or witnessed a simulated computer crash, then were asked to give primary or secondary confessions during interrogation. Study 1 replicated the false evidence effect for primary confessions. Secondary confessions were obtained at a high rate, which was increased by false evidence in combination with incentive to confess. In Study 2 a confederate either confessed to or denied crashing the computer. Incentive increased the rate of secondary confession only in the presence of a denial; that is, incentive increased the number of false secondary confessions only. Implications for the use of incentives during informant interrogation are discussed.     

Citizenship status and arrest patterns in the United States: evidence from the arrestee drug abuse monitoring program

The purpose of the study was to estimate associations between citizenship status and arrest for crimes among male arrestees. The primary hypothesis was that citizenship status (a rough proxy for immigration) has significant effects on arrest for violent personal crimes, property crimes, and four other selected offenses. Data were derived from the Arrestee Drug Abuse Monitoring (ADAM) Program for the years 2000 through 2002 inclusive. Our sample comprised male arrestees only. Logistic regression models were fitted to the data to estimate the citizenship status-crime relationship. Results showed no significant association between citizenship status and arrest for violent crimes. Non-citizens were 15% less likely than citizens to be arrested for property crimes; they were also less likely to be arrested for weapons offenses and drug offenses. Non-citizens were much less likely to test positive on NIDA-5 drugs than citizens. Non-citizens were, however, 50% more likely than citizens to be arrested for forgery/counterfeiting. It was concluded that public perceptions about the relationship of citizenship status to criminal behavior may be exaggerated and may not be borne out by empirical evidence. Limitations of the study are pointed out, including the fact that in the ADAM data, naturalized immigrants are lumped together with native born citizens.     

Fundamental rights in the EU after Kadi and Al Barakaat

This article takes stock of the emerging scholarship on the European Court of Justice's 2008 Kadi decision and seeks to make sense of the court's apparent evasiveness towards international law. The article argues that Kadi is best understood as an act of civil disobedience prompted by the UN Security Council's misapplication of foundational principles of the international order. In turn, the court's forceful articulation of the stakes in this case signals a prioritisation of basic rights within the supranational constitutional architectonic. In this respect, the ‘domestic’ constitutional implications of Kadi are just as far reaching as its consequences for the EU's status as an actor under international law.     

THE SELF‐REPRESENTED LITIGANT: IMPLICATIONS FOR THE BENCH AND BAR

It is widely accepted that the number of self‐represented litigants has skyrocketed nationwide, especially in family law cases. Although nationwide comprehensive data on the number of self‐represented litigants do not exist, anecdotal evidence supports the belief that self‐representation is increasing. The challenge for courts and the entire legal profession is how to respond. Most observers in Indiana would agree that the traditional model of family law litigation—both spouses represented by lawyers settling their disputes before a judge—is no longer the norm in family law cases. Judges face a dilemma: assisting a self‐represented litigant to level the playing field against a represented party is seen by many as violating impartiality, even if the assistance is rendered to create a just result. In an effort to address the situation, the Indiana Supreme Court created the Pro Se Advisory Committee in April 2001. This article explores the long‐range implications of the issue of self‐represented litigants on Indiana's court system in hope that it will provide some insight for other jurisdictions. The first part of the article addresses the numbers of self‐represented litigants by tracking growth or declines in self‐represented cases and assessing whether there are any pockets of self‐represented litigants geographically or in certain case types. The second part of the article puts Indiana into context with the rest of the nation and reviews national trends. The third section reviews Indiana's response to self‐represented litigants over the last decade. The fourth section reviews current and ongoing projects in Indiana. The article concludes that the issue of self‐represented litigants will not fade away and that the challenge that guides the legal profession is how we provide equal access to justice for all who enter our courthouses.     

Intraobserver Error in Macromorphoscopic Trait Data, ,

As part of a much larger investigation into the use of macromorphoscopic trait data by forensic anthropologists to estimate ancestry from unidentified skeletal remains, we conducted a fourteen‐year (2002–2016) intraobserver error study. Motivated by the development of a large macromorphoscopic database―which will potentially utilize data collected in 2002―quantification of observer error, the impact of technological improvements in macromorphoscopic trait data collection and observer experience is necessary. To maximize comparisons between the two samples, ten macromorphoscopic traits were assessed. Results revealed three patterns of error relating to observer experience, the introduction of new technologies, and error inherent in the method. Overall, this study found the effect of error on macromorphoscopic trait analysis could be predicted and did not significantly impact their utility.     

Scanning Electron Microscopy–Energy‐Dispersive X‐Ray (SEM/EDX): A Rapid Diagnostic Tool to Aid the Identification of Burnt Bone and Contested Cremains

This study investigates the use of Scanning electron microscopy–energy‐dispersive X‐ray (SEM‐EDX) as a diagnostic tool for the determination of the osseous origin of samples subjected to different temperatures. Sheep (Ovis aries) ribs of two experimental groups (fleshed and defleshed) were burned at temperatures of between 100°C and 1100°C in 100°C increments and subsequently analyzed with the SEM‐EDX to determine the atomic percentage of present elements. Three‐factor ANOVA analysis showed that neither the exposure temperature, nor whether the burning occurred with or without soft tissue present had any significant influence on the bone's overall elemental makeup (p > 0.05). The Ca/P ratio remained in the osseous typical range of between 1.6 and 2.58 in all analyzed samples. This demonstrates that even faced with high temperatures, the overall gross elemental content and atomic percentage of elements in bone remain stable, creating a unique “fingerprint” for osseous material, even after exposure to extreme conditions.     

An open trial of an anger management treatment in a correctional facility: preliminary effectiveness and predictors of response

Despite the prevalence of anger management programs in correctional settings, there is mixed support for their effectiveness, and little is known about who benefits most. This preliminary study aimed to (1) evaluate the effectiveness of anger management for inmates, and (2) examine baseline psychopathology and midtreatment variables as response predictors. Participants were 30 incarcerated men undergoing 12-session anger management groups. Post-intervention, inmate-reported anger, and disciplinary actions decreased. Increased reported emotion regulation strategies predicted anger reduction.