Social rights,child rights,discrimination and devolution: untangling the web

Abstract

This article examines judicial reviews of two areas of social security policy and practice in the UK – the household benefit cap and the restriction of bereavement benefits to bereaved spouses and civil partners. While each case ostensibly concerned discrimination against claimants, in practice much of the legal argument centred on the impact on claimants’ children. The judiciary is revealed to be deeply divided on the lawfulness of the acknowledged discrimination. The article considers what lessons can be drawn about the relative weight that ought to be afforded to claimants’ property rights, the best interests of affected children, anti-discrimination provisions and the state’s stated policy imperatives of cost control and administrative convenience. Insights are also sought into whether devolutionary differences can be identified between the approaches of courts in London and Belfast.     

A prospective study of pathways to hospital readmission in Canadian forensic psychiatric patients

Individuals admitted to secure care often experience lengthy hospitalizations and are likely to be admitted on more than one occasion. In the context of growing demand and costs associated with secure care, the current study investigates the frequency and reasons for readmission among 87 forensic patients recently discharged into the community. We identify risk factors that are associated with the likelihood of readmission and describe areas of overlap and discordance with the existing literature in civil and forensic samples. Using a prospective design that included patient follow-up interviews and records review, we found that 28% of patients were readmitted on one or more occasions over a 12-month period. Psychiatric decompensation, substance use, and treatment non-adherence were the central reasons prompting readmission. Patients with one or more readmissions were found to have spent significantly more time in the forensic mental health system as compared to patients not readmitted. They were more likely to have a substance use disorder and were estimated to be at higher risk for violence. Results replicate the finding of low rates of serious violence and reoffending among discharged forensic patients, and substantiate the centrality of substance use as a growing and clinically important treatment issue.     

The impact of an intensive inpatient violent offender treatment programme on intermediary treatment targets,violence risk and aggressive behaviour in a sample of mentally disordered offenders*

This study examined the impact of an intensive inpatient violent offender treatment programme, Life Minus Violence-Enhanced (LMV-E), on intermediary treatment targets, risk for violence, and aggressive behaviour during treatment in a sample of male mentally disordered offenders. Using quasi-experimental design, offenders who completed LMV-E and a comparison group showed reduced problems with impulsivity and anger regulation and improvements in social problem solving. Aggregate risk for future violence lessened in both treatment and comparison groups, although by a significantly greater degree for the comparison group. The aggressive behaviour of both groups reduced. Completion of the LMV-E conferred additional improvements in some facets of social problem solving and anger regulation. Neither group showed improvements in empathic responses, coping skills or problematic interpersonal style. Overall, these results suggest anger regulation, impulsivity and social problem solving are most amenable to change, that reductions in certain facets of these dynamic risk factors transpires with nonspecific psychiatric inpatient treatment, but that the LMV-E, a cognitive behavioural violence specific psychological treatment, confers greater change in some facets of social problem solving and anger regulation.     

Making a case for personal safety: perceptions of vulnerability and desire for self-defense training among female veterans

We assessed perceptions of vulnerability and the desire for personal safety/self-defense (PS/SD) training among 67 female veterans receiving outpatient mental health treatment, primarily for post-traumatic stress disorder (PTSD) from sexual and/or physical trauma. Consistent with the literature on the impact of such training on nonclinical populations and on individuals with visual impairments, the results of this study indicate that traumatized female veterans believe that PS/SD training would be an effective and powerful addition to more traditional treatments for PTSD. Study participants indicated they believe such training would positively affect their sense of personal safety; promote increased competence in thwarting future assaults; improve their self-esteem, confidence, and assertiveness; and reduce avoidant and agoraphobic behaviors. These pilot results support the development of an adjunct intervention to augment current PTSD treatments for women veterans with histories of sexual and physical trauma.     

Measuring Bias and Uncertainty in Ideal Point Estimates via the Parametric Bootstrap

Keith T. Poole Center for Advanced Study in the Behavioral Sciences and Department of Political Science, University of Houston, Houston, TX 77204-3011 e-mail: kpoole{at}uh.edu Over the last 15 years a large amount of scholarship in legislativepolitics has used NOMINATE or other similar methods to constructmeasures of legislators' ideological locations. These measuresare then used in subsequent analyses. Recent work in politicalmethodology has focused on the pitfalls of using such estimatesas variables in subsequent analysis without explicitly accountingfor their uncertainty and possible bias ( Herron and Shotts2003, Political Analysis 11:44–64). This presents a problemfor those employing NOMINATE scores because estimates of theirunconditional sampling uncertainty or bias have until now beenunavailable. In this paper, we present a method of forming unconditionalstandard error estimates and bias estimates for NOMINATE scoresusing the parametric bootstrap. Standard errors are estimatedfor the 90th U.S. Senate in two dimensions. Standard errorsof first–dimension placements are in the 0.03 to 0.08range. The results are compared with those obtained using theMarkov chain Monte Carlo estimator of Clinton et al. (2002,Stanford University Working Paper). We also show how the bootstrapcan be used to construct standard errors and confidence intervalsfor auxiliary quantities of interest such as ranks and the locationof the median senator.     

Self-reported suicidal behavior in juvenile offenders in custody: prevalence and associated factors

Suicide rates in prisons in England and Wales are high, including those in juvenile detention centers. Previous deliberate self-harm (DSH) is the strongest predictor of suicide in the general population. There is limited information on how many juvenile offenders (15 to 18 year-olds) have a history of DSH at the time of entering custody, or on factors associated with previous DSH. We aimed to determine the prevalence of previous DSH and suicidal ideation in a population of juvenile offenders in custody and to identify factors associated with DSH and suicidal ideation. Seven out of 45 subjects (15.6%) reported an act of DSH in the past. Twelve (26.6%) reported past suicidal ideation. Peer relationship difficulties and sexual abuse were significantly associated with DSH (p < 0.05). Other factors showed a trend toward being more common among those with DSH, but the premature ending of the project by the juvenile detention center prevented full investigation of the extent of DSH and associated factors. Nevertheless, the results indicated a much higher rate of DSH in this population than in young males in the community. A larger joint project with juvenile detention centers is required to confirm the extent of previous DSH at the time young offenders are admitted, and the associated risk factors, in order to assist prevention and intervention strategies.     

Economic and legal analysis of medical ethics

In the last decade, the antityrust authorities have stricken one after another of the ethical rules of professional societies. Underlying this pokicy is the widelyaccepted notion that ethics are simply devices designed by the professions to limit competition and thereby to benefit their pecuniary interests. The antitrust assault does not consider the longstanding, nearly universal consumer support for controls on the activities of certain professions. In this paper, the narrow view ofcompetition adopted by the courts is assailed. Focusing on the case ofrestrictions on interactions between physicians and other nonmedical health care providers, some procompetitive effects of medical ethics are analyzed. Generally, professional ethics can only change the form of competition but not eliminate it. A proper legal policy requires recognition of the consumer concern with the form of competition and therefore requires a careful balancing of the beneficial competitive effects against any attendant limits on intraprofessional competition.     

'Incidents' and foreign policy: A case study

Anglo-Russian relations during the period 1894-1914 were filled with incidents in large part stemming from the very different social and political frameworks of the two countries. The two countries had sharply differing traditions concerning individual liberty, freedom of the press and other such matters usually covered by the rubric of human rights. While the realities of great power politics forced the two countries to work together, it is not surprising that their collaboration was often marred by clashes of political and social sensibilities.