LAWYERS AND MENTAL HEALTH PROFESSIONALS WORKING TOGETHER: RECONCILING THE DUTIES OF CONFIDENTIALITY AND MANDATORY CHILD ABUSE REPORTING

Lawyers are increasingly finding themselves working in conjunction with a social worker and/or a psychologist. This dynamic can be found in organizations that take a multi‐disciplinary approach to the law, such as New York City's Legal Aid Society and Lawyers for Children. Collaborative law is another such example. Collaborative law is an increasing trend in family law; it provides a divorcing couple the opportunity to work with professionals from different disciplines, without being subject to the court system. While a multi‐disciplinary approach to the law has the ability to maximize the value of representation, it also can create tension when inconsistent duties are imposed by conflicting professional obligations. A major area of conflict is between the lawyer's duty to maintain client confidences and the mental health professional's duty to report child abuse. This Note discusses the important policies behind these opposing duties. The Note recommends amending state child abuse and neglect laws in order to eliminate the conflict between the professions' duties and allow lawyers and mental health professionals to work together more harmoniously. Amending state child abuse and neglect laws will allow for mental health professionals working with a lawyer who represents a client the same reporting duties as lawyers in the process.     

Child sex tourism: extending the borders of sexual offender legislation

Child sex tourism, the act of traveling to engage in sexual acts with minors, plagues developing nations worldwide. Several laws have been passed internationally in recent years designed to curtail this practice. Government entities and human rights organizations have driven these efforts. United States citizens represent a significant proportion of participants in child sex tourism. The PROTECT Act of 2003 prohibits United States citizens from participating in sexual acts with minors while traveling, and establishes extraterritorial jurisdiction. The case of Michael Lewis Clark, the first United States citizen convicted under this legislation, is highlighted. Child sex tourism poses unique issues to courts that will require ongoing clarification as challenges arise. This article discusses potential future challenges, describes strategies to address this problem, and relates this issue to psychiatry. Mental health providers may have the role of evaluating both the victims and perpetrators of child sex tourism. The authors propose a classification system for offenses and an initial list of topics to discuss with victims. The authors also describe the proper mechanism for reporting United States citizens suspected of participating in child sex tourism.     

‘I have so many successful stories’: framing social citizenship for refugees

The current US refugee resettlement system reflects the US government's agenda of having refugees acquire quick employment with low state welfare dependence and minimal fiscal and cultural disruption to the receiving communities. The non-governmental organizations (NGOs) assisting refugees hold broader goals for refugees, including feeling a sense of belonging in the USA. These goals represent a framing of social citizenship rights for refugees, and how NGOs frame social citizenship varies depending upon the NGOs contractual relationship with the US welfare state. Using data from 57 in-depth interviews, I describe how resettlement and assistance NGOs currently frame social citizenship for refugees in relation to market citizenship, and how their relationship with the federal government shapes this framing. Findings illustrate the role of NGOs in creating a discursive space for expanding the social citizenship rights of refugees and the ways such framing is highly constrained by the definitions of belonging that emerge from market citizenship.     

The advice lawyers give themselves: the Canadian Bar Association's campaign for timekeeping in the mid-twentieth century

This paper is a historical analysis of how the Canadian organized bar urged lawyers to adopt strict timekeeping practices and use time as the basis for their legal fees. The Canadian Bar Association's compilation of data on the legal profession in the late 1940s–the collection of ‘facts’, the ‘scientific’ nature of this collection–foreshadowed the way that the organized bar would couch its advocacy for the practice of timekeeping in the 1970s. The pioneering experts on law office management in Canada promised lawyers significant profit increases and gave minimal attention to the relationship between legal fees and client's interests.     

Radiographic age estimation based on degenerative changes of vertebrae

Age estimation is an important component of decedent identification. When assessing adult remains, anthropologists frequently use gross examination of skeletal elements, such as clavicles, ribs, and pubic symphyses. For fleshed bodies, this requires the removal of these elements and maceration prior to analysis. A new method was developed using radiographic imaging to estimate age from degenerative changes of the lower thoracic and upper lumbar vertebrae. This technique will complement anthropological age estimation methods in young and middle-aged adults and may serve as a stand-alone method for older individuals. Digital radiographs from 240 medical examiner cases were evaluated. The sample included 120 females and 120 males between the ages of 18 and 101 years. A 3-phased scoring system was used for the target vertebrae. Transition analysis was conducted on binned average scores and a Bayesian approach was used to assign age intervals. At the 90% credible interval, individuals in Bin 1 were under 36 years of age while those in Bin 3 were over 47 years of age. Individuals in Bin 2 showed too much age variation to be informative. No significant differences were found between males and females. These findings will be especially useful in the age estimation of older adults and may eliminate the need for skeletal sampling in medicolegal cases where advanced degenerative changes are radiographically observed in the lower thoracic and/or upper lumbar vertebrae. This method was developed for use on fleshed individuals but may also be applicable to skeletonized remains.     

The use of a 3-D laser scanner to document ephemeral evidence at crime scenes and postmortem examinations

Proper documentation of physical evidence at both crimes scenes and postmortem examination is crucial for downstream analysis, interpretation, and presentation in court. Ephemeral or transient evidence poses particular challenges to investigators, as its very nature renders it difficult or impossible to seize and maintain in its original physical state. The use of a hand-held three-dimensional (3-D) laser scanner is proposed to capture and document such evidence, both in the field and at autopsy. Advantages of the scanner over traditional means of documentation such as photography or casting include the ability to obtain measurements in all dimensions, the ability to reconstruct missing elements, and the ease with which generated images can be interpreted by the jury at trial. Potential scenarios warranting the use of the scanner are identified, and the limitations of its use are discussed.     

You have the right to understand: The deleterious effect of stress on suspects' ability to comprehend Miranda

Miranda v. Arizona (384 U.S. 436, 1966) required that suspects be explicitly warned of the right to avoid self-incrimination and the right to legal representation. This research was designed to examine whether stress, induced via an accusation of wrong-doing, undermined or enhanced suspects' ability to comprehend their Miranda rights. Participants were randomly assigned to either be accused (n = 15) or not accused (n = 15) of having cheated on an experimental task in a two-cell between-subjects experimental design. Results supported the hypothesis that stress undermines suspects' ability to comprehend their Miranda rights. Participants who were accused of cheating exhibited significantly lower levels of Miranda comprehension than participants who were not accused of cheating. The theoretical processes responsible for these effects and the implications of the findings for police interrogation are discussed. (PsycINFO Database Record (c) 2012 APA, all rights reserved).     

A simple method of nose tip shape validation for facial approximation

Despite numerous papers relating to the prediction of nose projection for the purposes of facial approximation, there is little guidance for nose tip shape that has been evaluated on a known data set. This study presents a novel, simple technique for validation of the reconstructed nose tip shape based on methods used in actual approximation practice. The data set was comprised of 25 full-head computed tomography (CT) patient scans. In 22 of the 25 patients across all age and sex groups, when the head is tilted so that soft tissue pronasale is superimposed on hard tissue rhinion, the curvature of the nose tip was found to mimic the curvature of the superior portion of the nasal aperture. This occurs when the head is tilted dorsally by approximately 60° (55.87±5.91). Individuals with snub noses presented a much wider tip curvature. The method was highly repeatable and was evaluated through inter- and intra-observer studies (error=3.15%).     

Do century-specific equations provide better estimates of stature? A test of the 19-20th century boundary for the stature estimation feature in Fordisc 3.0

A sample (n=28) from the Terry Collection was selected to include only White males who were born and had their entire growth and development period before 1900 to assess the effects year of birth have on accuracy and precision when estimating stature. Using the computer application Fordisc 3.0, stature was estimated using the humerus, radius, femur, and tibia equations developed from White males born in the 19th Century and the 20th Century. The 19th Century White male equations did not consistently provide the most precise and accurate estimates of stature. The 20th Century equations provide results that were as good as or slightly better than the 19th Century equations for the humerus, radius and femur. The 20th Century equations provided notably better results for the tibia. There is a great deal of evidence that there are clear positive secular changes in most of North America in the last 100-125 years, but the division commonly advocated in a forensic context at the year 1900 has no positive effect on accuracy or precision when estimating stature.