Understanding deliberate indifference to suicide in corrections facilities: A review of recent legal cases

The US corrections system is the largest provider of mental health care in the country. Suicide is a leading cause of death in corrections facilities with rates of inmate suicide being far higher than the national average. Suicide is an event that can lead to legal action against the facility, staff, and treating health-care providers. Some claims are based on medical malpractice. In this setting, claims may also be brought based on violations of the detainee's constitutional rights. Pretrial detainees and prisoners, alike, have a constitutional right to adequate medical and psychiatric care through the Fourteenth Amendment and Eighth Amendment, respectively. But, there is limited information on constitutional claims made against correctional health-care providers for cases of inmate suicide. To help bridge this gap, the authors conducted a search of federal legal case decisions involving claims against health-care providers for deliberate indifference to a detainee's serious illness or injury in the event of attempted suicide or death by suicide over a 5 year period from 2016 to 2021. Fifteen cases were identified. Five themes emerged from the cases, which could serve as bases for claims against health-care professionals: receiving screening, mental health assessment, treatment, documentation, and attention to facility policies. The cases and their clinical significance are summarized in this article. The materials provide an overview of the problems surrounding correctional suicides and can serve as practice pointers in the corporeal setting.     

A Quasi-Experimental Analysis of Schoolwide Violence Prevention Programs

Violence prevention programs are commonplace in today’s schools, though reviews of the literature reveal mixed empirical findings on their effectiveness. Often, these programs include a variety of components such as social skills training, student mentoring, and activities designed to build a sense of school community that have not been tested for individual effectiveness. To fill this gap, we wanted to determine the relationships between specific violence prevention program components and aggression and violence outcomes. Using the U.S. Department of Education’s School Survey on Crime and Safety, we estimated the effects of components of violence prevention programs through analyses with proportional odds logistic regression and Poisson regression models. We found significant relationships between three violence prevention program components (individual attention, mentoring, tutoring, and/or coaching; recreational, enrichment, or leisure activities; and involving students in resolving student conduct problems) and aggression and violence outcomes.     

Rules of Possession Revisited: Property and the Problem of Social Order

This article explores two propositions in the literature on rules of possession. The first is that rules of first possession may form the basis for “spontaneous order.” The article argues that this Hayekian proposition must take into account the relationship between property and authority, including the potential for social disorder when competition for possession combines with competition for public authority. The second is that simple rules of possession provide a baseline response to the problem of social order because of the information costs of property in a large audience context. The article argues that this proposition must take into account correlations between interpretive complexity in rules of possession and the reproduction of authority and social order in circumstances of threatened social disorder. The analysis highlights the significance of authority and enforcement for the design of rules of possession and their relationship with social order.     

Prior problem behavior accounts for the racial gap in school suspensions

Purpose

A large body of empirical research finds a significant racial gap in the use of exclusionary school discipline with black students punished at rates disproportionate to whites. Furthermore, no variable or set of variables have yet to account for this discrepancy, inviting speculation that this association is caused by racial bias or racial antipathy. We investigate this link and the possibility that differential behavior may play a role.

Methods

Using data from the Early Childhood Longitudinal Study, Kindergarten Class (ECLS-K), the largest sample of school-aged children in the United States, we first replicate the results of prior studies. We then estimate a second model controlling for prior problem behavior.

Results

Replicating prior studies, we first show a clear racial gap between black and white students in suspensions. However, in subsequent analyses the racial gap in suspensions was completely accounted for by a measure of the prior problem behavior of the student – a finding never before reported in the literature.

Conclusions

These findings highlight the importance of early problem behaviors and suggest that the use of suspensions by teachers and administrators may not have been as racially biased as some scholars have argued.     

Labour Contractors and Global Production Networks: The Case of India’s Auto Supply Chain

Research on labour in global production networks has raised serious questions about the role played by labour contractors. This article uses a case study of automotive components production in north India to show how labour contractors assist firms to adapt to the rigours of competition in supply chains. We demonstrate that a regional contract labour system has enabled employers to keep wages low, increase firm flexibility, offload the burden of monitoring and controlling workers and undermine collective bargaining and trade union rights. These problems further expose serious weaknesses in the implementation and enforcement of labour laws in India.     

An empirical examination of adolescence-limited offending: A direct test of Moffitt's maturity gap thesis

Purpose

Provide the first direct test of Moffitt's (1993) hypothesis linking the maturity gap with adolescent delinquency.

Methods

Data were drawn from the National Longitudinal Study of Adolescent Health (Add Health) and a direct measure of the maturity gap was constructed. Negative binomial regression models—survey-corrected to account for the Add Health research design—were estimated.

Results

Consistent with Moffitt's theory, the results of the analyses revealed that the maturity gap was predictive of minor forms of delinquency and drug use but not of more serious types of offending behaviors for males. Findings were less supportive of Moffitt's hypothesis for females.

Conclusions

Moffitt's maturity gap thesis is a viable explanation of adolescent delinquency, especially for males. This portion of the theory, which has largely gone unexamined, warrants further inquiry from criminologists.     

Retiree health and welfare benefits: controversy over their duration

As the cost of providing health-care benefits skyrockets, employers have begun to reduce or even to terminate health-care and life insurance benefits for retirees, often with little awareness of the possible repercussions. Retiree groups and unions have countered these actions with claims based on such theories as the "status benefits" argument--that retirement benefits should be viewed as earned compensation for years of service--or the "vested rights" view--that retirement rights may not be altered without the pensioner's consent. Crucial to these conflicts are the terms of the collective bargaining agreement. Case law indicates that employers can never feel themselves fully protected even if the agreement contains provisions explicitly stating the benefits' scope and duration. The authors demonstrate this point in their review of recent retiree benefits cases. They then explore in detail the problem of contract and document ambiguity, and offer guidelines for ascertaining intent. They conclude with a discussion of strategies for litigating retiree benefits cases.     

The Diffusion of Rights: From Law on the Books to Organizational Rights Practices

How does law change society? To gain new leverage on this long‐standing question, this article draws on two lines of research that often ignore each other: political science research on the mobilization of law, and sociological research on the diffusion of organizational practices. Our insights stem from six case studies of diverse organizations' responses to the accommodation provisions in the Americans with Disabilities Act and related state laws. We found that different modes of exposure to the law combined with organizational attributes to produce distinct “rights practices”—styles of standard operating procedures and informal routines that reflect the understanding of legal requirements within an organization. The diversity of the organizational responses challenges simple dichotomies between compliance/noncompliance, change through deterrence/change through norms, and mobilization/nonmobilization, and it underscores the importance of combining political science and sociological perspectives on law and social change.