Excessive risk disclosure: the effects of the law on medical practice

This article examines the debate surrounding the challenging concept of informed consent. It argues whilst the English courts have effectively excluded the use of the tort of battery as an appropriate mechanism for protecting a patient's right to self-determination, they have left the law in a state of flux due to the uncertainties associated with categorising similar claims within negligence where the onus is on risk disclosure. This confusion may stem firstly from the fact that medical practitioners are unsure exactly which risks to disclose, and secondly, from the way in which both doctors and patients perceive the consent process. The paper suggests this disorder may be having a detrimental effect on medical practice as medical practitioners are taking it upon themselves to disclose excessive information, which patient's may not want or need. A suggestion is also made that in these situations, in order that the law truly respects self-determination, consideration must be given to the patient's desire to waive their right to informed consent.     

Racial differences in speeding patterns: Exploring the differential offending hypothesis

Purpose

Disproportionate minority contact during traffic stops has been a consistent source of commentary and study in recent years. While various theoretical perspectives have been employed to explain these empirical findings, the differential offending hypotheses has been largely ignored as a viable alternative explanation. Building on existing empirical evidence regarding criminal offending patterns and driving patterns, we examined the veracity of this explanation using data from an observational study of urban driving behavior.

Methods

Data were collected using an observational methodology in an urban environment. These data were then used to estimate various regression models and test the differential offending hypothesis.

Results

Analytic models indicated that Black drivers speed more frequently and engage in more severe speeding compared to White drivers, net of controls.

Conclusions

The findings suggest that citizen risk for specific police behavior is partially attributable to differential behavior prior to the encounter. These results mirror the findings of previous research in other geographic locations using different methodologies; thus, contributing to the conclusion that understanding officer decision-making and behavior requires consideration of other factors beyond a citizen's race.     

‘Our normal is different’: autistic adults’ experiences of the family courts

ABSTRACT

This article reports the findings of a small-scale qualitative study exploring the experiences of autistic adults who have had experience of the family justice system. While participants related some positive elements to their experiences, in particular with regard to the willingness of professionals to try to learn more about their clients’ needs, the overall picture showed significant concerns. The reports given showed significant misunderstandings about autism, and a system which struggled to make appropriate adjustments which would allow autistic court users to have access to justice on an equivalent basis to non-autistic litigants. This situation stands in contrast to the position regarding other disabilities in the Family Justice System, but also to the relatively greater level of provision for autistic people within the Criminal Justice System. Based on participants’ experiences and existing good practice in other areas, we make recommendations that could be adopted by the Family Court and practitioners.     

Toward More “Evidence‐Informed” Policy Making?

The quality of public decision making depends significantly on the quality of analysis and advice provided through public organizations. Champions of “evidence‐informed” policy making claim that rigorous evaluation practices can significantly improve attainment of cost‐effective outcomes. After decades of experience, performance information is more sophisticated, but evaluation practices and capabilities vary enormously. Public agencies gather and process vast amounts of information, but there has been little analysis of how this information is actually utilized for policy and program improvement. This article examines how government agencies use evidence about policy and program effectiveness, with attention to four themes: (1) the prospects for improving “evidence‐informed” policy making, (2) the diversity of practices concerning evidence utilization and evaluation across types of public agencies and policy arenas, (3) recent attempts to “institutionalize” evaluation as a core feature of policy development and budget approval, and (4) the relationships between public agencies and nongovernmental sources of expertise.     

How do parents experience relocation disputes in the family courts?

Relocation cases are known to be amongst the most difficult decisions for family court judges. This article reports the findings of an empirical study of parents who were involved in relocation disputes, reporting their views on the experience of being involved in one of these difficult cases. We consider the origins of the disputes and parents’ perceptions of how their cases were resolved, as well as some initial discussion of the aftermath of the cases as seen in the first few months.