The Permissibility of Punishment

Law and Philosophy -     

Trauma-Related Dissociation Is No Fantasy: Addressing the Errors of Omission and Commission in Merckelbach and Patihis (2018)

Dissociation is commonly a response to trauma that can be associated with significant impairment. In order to deal with dissociation in court from a comprehensive, scientifically informed, and valid perspective, Brand, Schielke, and Brams (Psychological Injury and Law, 10, 283-297, 2017a, b) provided a balanced view of dissociation, its characteristics, evidence base, and best assessment practices. Without an approach such as this, forensic experts risk having insufficient knowledge in its causation, phenomenology, and assessment and accordingly misunderstand trauma-related dissociation (TRD). Brand et al. (Psychological Injury and Law, 10, 283-297, 2017a, b) addressed this issue by providing an overview of TRD relevant to forensic contexts, acknowledging some of the erroneous and misinformed approaches to the topic. Merckelbach and Patihis (2018) offered a critique of Brand et al. (Psychological Injury and Law, 10, 283-297, 2017a, b) that illustrated this lack of knowledge and misunderstanding about TRD. Many of the statements made by these authors are conceptually inaccurate or scientifically misinformed. As we show, they were incorrect when they stated that research is lacking about the inter-rater reliability of dissociative disorder (DD) diagnoses. They were unaware of the error rates of tests and interviews among dissociative samples, which we present here. Merckelbach and Patihis challenged Brand et al., arguing their methods and literature review “lacked a connectivity to existing science” (p. 3), despite extensive citations of studies with DD patients. They argued that we failed to adequately consider malingering despite our discussions of empirically supported methods for assessing it. We show that Merckelbach and Patihis overlooked research that does not support their views. As we review their comments, we illustrate their pattern of misreading and misunderstanding our papers, as well as lapses in their reasoning. The current paper reinforces that in the forensic context, experts can acquire adequate understanding of TRD and its evidence base, and put forward arguments against any harsh critique of the area that is uninformed about, misunderstands, or includes omissions and errors in critical conceptualization, state-of-the-art assessment practices, and research methodology and results.     

Insane Sex Offenders: Psychiatric and Legal Characteristics of Sexual Offenders Found Not Guilty by Reason of Insanity

There is little known about sexual offenders hospitalized under forensic commitment statutes such as not guilty by reason of insanity (NGRI). We conducted a chart review to delineate the demographic, clinical, and legal characteristics of NGRI sexual offenders (n = 68) committed to the California Department of State Hospitals—Napa, including 41 found NGRI for a sexual offense and 27 found NGRI for a nonsexual offense. The two groups did not differ significantly in their demographics, psychiatric diagnoses, victim characteristics, or recidivism risk as measured by the Static‐99R. Those found NGRI for a sexual offense were older at the time of their first criminal and first violent offense, younger at the time of their committing offense, and had fewer prior total convictions and sexual offense convictions. These findings may indicate that sexual offenders found NGRI for a sexual offense are less antisocial than those found NGRI for a nonsexual offense.     

The skeptic's guide to a movement for universal health insurance

The social movement has become institutionalized as a form of political action. The aim of this article is to evaluate the possibilities presented by this form as a strategy to bring about universal health insurance in the United States. I draw on the work of social movement theorists, on the substantial body of empirical research on health-related social movements, and on relevant comparative work from Canada to develop a template for this evaluation. Using that template I compare the failed campaign for President Bill Clinton's health insurance plan with a recent, more successful campaign in the state of New York. I conclude that the keys to success are, first, a broad-based coalition that combines an ideologically and/or grievance-motivated grass roots with financially and politically well-endowed mainstream organizations; second, a "master frame" that resonates with the American people; and, third, a political window of opportunity. The prospects for such a conjunction are not hopeless, but they are not high.