Damned if they do, damned if they don't: the need for a comprehensive public policy to address the inadequate management of pain

Amy Dilcher examines the need for a comprehensive pain policy and argues that opioids--highly effective drugs for pain management--should be legally and practicably accessible to medical professionals and their patients, as and when needed to provide relief from pain. The article synthesizes a number of perspectives regarding the regulation of pain management and demonstrates that the inadequate treatment of pain stems from a multitude of barriers. After reviewing Congressional action on the topic, Ms. Dilcher concludes with recommendations for a more comprehensive pain policy that would enhance the management of pain.     

Severity of Partner and Child Maltreatment: Reliability of Scales Used in America's Largest Child and Family Protection Agency

This paper describes two studies investigating the interrater agreement of severity scales for family maltreatment used in America's largest child and family maltreatment agency: the U.S. military's Family Advocacy Program (FAP). The USAF-FAP Severity Index is a multidimensional rating system for clinicians' evaluations of the severity of seven forms of family maltreatment: partner physical, emotional, and sexual abuse; child physical, emotional, and sexual abuse; and child neglect. The first study evaluated the reliability of the scale as it is used in the field. The second study compared a generalizable sample of clinicians' ratings to an established gold standard of what the ratings should have been. The Severity Index demonstrated fair-to-good levels of reliability, suggesting that with minimal cost, investigating caseworkers can routinely assess, and make fairly reliable ratings of, the severity of seven forms of family maltreatment for each case they investigate.     

When Does Evidence of Eyewitness Confidence Inflation Affect Judgments in a Criminal Trial?

Two studies investigated perceptions of eyewitness confidence inflation: increases in a witness's confidence between the time of the identification and the trial. Experiment 1 (N = 90) demonstrated that, for White participants, assessments of the strength of the defense case, the eyewitness's view, and participants' confidence in the eyewitness's accuracy were more favorable to the defense when there was evidence that the eyewitness's confidence increased over time (mere inflation condition), compared with a control condition. In addition, assessments of the defendant's guilt and the eyewitness's accuracy were more favorable to the defense when the eyewitness was aggressively challenged about the change in her confidence report (inflation + challenge). Experiment 2 (N = 360) demonstrated that, for Hispanic participants, sensitivity to confidence inflation did not interact with manipulations of the eyewitness's or defendant's race (White vs. Hispanic). In addition, the confidence inflation effect did not replicate with the Hispanic participants. Results are interpreted in terms of the ingroup bias in legal judgments and directions for future research.     

Rendition/Eviction – A Post-Apartheid Reflection

The article analyzes the internal logic of the conceptual and structural hierarchies involved in slavery and apartheid land law. The rendition or recovery of fugitive slaves and the eviction of squatters from land during apartheid both involve the use of legal procedures and institutions to protect property interests. However, in the period following the emancipation of slaves and the abolition of apartheid, this logic was not abandoned – liberty was acquired at the price of economic subjugation. The new forms of slavery will continue unless the abolition of slavery and the termination of apartheid are explicitly celebrated as political acts that replace the urge to dominate and possess with a measure of public-spiritedness and non-possessiveness. Politics can be kept alive only when the compelling logic of domination and hierarchy is resisted through a different, public-spirited rendition of eviction.Paper read at the Critical Legal Conference 2003, entitled Transition and Transformation; Resistances and Reconciliation; Communities Within and Beyond Law, Johannesburg, 5–7 September 2003. Thanks to Gerhard du Toit and Maartje Eefting for research assistance. Peter Fitzpatrick (No Higher Duty: Mabo and the Failure of Legal Foundation, Law & Critique, 13 (2002), 233–252) and Frank I. Michelman (The Bill of Rights, the Common Law, and the Freedom-Friendly State, paper read at the University of Miami, 21–22 March 2003, published version forthcoming) inspired some of the ideas worked out here. Thanks to Frank Michelman for permission to refer to his unpublished article, and for helpful comments on a draft of this article.     

Body Dissatisfaction and Physical Development Among Ethnic Minority Adolescents

The present study examined the association between body dissatisfaction and adjustment, and the role physical development plays in this association, in an ethnically diverse sample of over 1100 urban, ninth grade boys and girls (M age = 14). More similarities than differences were found across ethnic groups: Caucasian, African American, Latino, Asian, and multiethnic boys reported similar areas of body dissatisfaction, levels of body dissatisfaction, and associations between body dissatisfaction and psychosocial maladjustment. For girls, only mean level differences were found with African American girls reporting lower levels of body dissatisfaction than girls from other ethnic backgrounds. Higher levels of body dissatisfaction predicted more psychological and social maladjustment for both boys and girls. For boys, faster development predicted stronger associations between feeling overweight and peer victimization. Feeling too small only predicted victimization if boys were actually low in physical development. For girls, physical development directly predicted less peer victimization, while perceived faster development predicted more victimization. Thus, it appears that physical development can protect both girls (directly) and boys (buffering against the negative effects of body dissatisfaction) from peer victimization, whereas perceived faster timing of development can exacerbate peer victimization.Adrienne Nishina conducted this research as an NIH postdoctoral fellow in the UCLA Department of Education. She is currently an Assistant Professor in the Department of Human and Community Development at UC Davis. She received her PhD in clinical psychology from UCLA. Her major research interests include mental health in schools, adolescent peer relations, and ethnic diversity.Natalie Y. Ammon is a graduate student in the Department of Human Development and Family Sciences at the University of Texas, Austin. Her major research interests are at-risk youth and academic achievement.Amy D. Bellmore is an American Psychological Association/Institute of Educational Sciences Postdoctoral Education Research Training fellow at the University of California, Los Angeles. She received her PhD in developmental psychology from the University of Connecticut. Her research interests include peer-directed aggression, ethnicity and ethnic contexts, and the development of interpersonal perception.Sandra Graham is a Professor in the Department of Education at the University of California, Los Angeles. She received her PhD degree in educational psychology from UCLA. Her major research interests are the academic motivation and social behavior of ethnically diverse adolescents in urban schools.     

The utility of whole genome amplification for typing compromised forensic samples

Biological evidence has become invaluable in the crime laboratory; however, it may exist in limited quantity and/or quality. Given this, the ability to amplify total DNA obtained from evidence, in an unbiased manner, would be highly advantageous. Methods for whole genome amplification (WGA) have the potential to fulfill this role, resulting in a virtually unlimited supply of DNA. In the research presented, two WGA methods, improved primer extension preamplification and multiple displacement amplification (MDA), were tested using commercial kits. Control DNA, artificially degraded DNA, and DNA from fresh blood, aged blood, hair shafts, and aged bones underwent WGA, followed by short tandem repeat and mitochondrial DNA analysis. The methods did amplify DNA, but performed poorly on forensically relevant samples; the maximum amplicon size was reduced, and MDA often resulted in extraneous bands following polymerase chain reaction. Taken together, WGA appears to be of limited forensic utility unless the samples are of a very high quality.     

Anthropological and radiographic comparison of vertebrae for identification of decomposed human remains

This case study demonstrates the importance of involving an anthropologist in forensic situations with decomposed remains. Anthropological consultation was used in conjunction with the comparison of antemortem and postmortem radiographs to establish positive identification of unknown, decomposed remains. The remains had no traditional identifying features such as fingerprints or dental. Through anthropological analysis, it was determined the decedent was male, between 20 and 23 years at time of death and c. 5'2' tall. This information allowed for a presumptive identification and a request for antemortem radiographs. The missing person was identified comparing the spinous processes of the cervical and thoracic vertebrae between ante- and postmortem radiographs.     

Emotion and the Law: A Framework for Inquiry

This paper draws on research in social and cognitive psychology to show how theories of judgment and decision making that incorporate decision makers' affective responses apply to legal contexts. It takes 2 widely used models of decision making, the rational actor and lens models, and illustrates their utility for understanding legal judgments by using them to interpret research findings on juror decision making, people's obedience to the law (e.g., paying taxes), and eyewitness memory. The paper concludes with a discussion of the advantages of modifying existing approaches to information processing to include the influence of affect on how legal actors reach judgments about law and legal process.