Who Is the Client and Who Controls Release of Records in a Forensic Evaluation? A Review of Ethics Codes and Practice Guidelines

Forensic psychologists often refuse to release evaluation records, especially to the evaluee. One justification for this practice is based on the ethical positions that the referral source “is the client” and “controls release of records” (also found in the Specialty Guidelines for Forensic Psychology). To determine whether these ethical positions are shared by the field of forensic mental health, official documents from forensic mental health organizations were used as a proxy for these views. Thirty-four supporting arguments for either position were identified from the literature; it was postulated that official documents would support both positions and utilize supporting arguments. Fifty-four official documents were discovered, and qualitative analysis was used to construct a 17-category model of official views. Neither position was supported by a majority of documents, and few of the supporting arguments were utilized by supportive documents. The positions are unsupported because official documents espouse a wide diversity of views, there are a number of logical flaws in supporting arguments, and even official APA documents hold conflicting views. Ethical arguments are advanced for contrary positions, and the referral-source-control of records release is contrary to law. A more ethical view is that the psychologist may have multiple, possibly conflicting responsibilities to multiple entities; the psychologist’s roles and responsibilities should be clarified with each entity using an informed consent process. Psychologists should release records at the behest of the evaluee, lest they be subject to licensing discipline, Health Insurance Portability and Accountability Act (HIPAA) complaints, and/or civil sanctions. Recommendations are offered for psychologists, future ethics codes and professional practice guidelines, and test security practices.     

Fatal intoxication involving 2-methyl AP-237

Novel synthetic opioids contribute considerably to the opioid epidemic, especially with the frequent emergence of structurally similar compounds. This case report describes a fatal intoxication involving 2-methyl AP-237. A 54-year-old Caucasian male was found deceased from an apparent drug overdose. A plastic container labeled “2MAP” and a cut straw were found in the decedent's backpack at the scene. A white substance found in the container tested positive for fentanyl by field testing. According to his medical history, the decedent was treated for a drug overdose 3 years prior to his death. With no diagnostic findings at autopsy, the case was submitted for toxicological analysis. An unknown substance was detected in peripheral blood and urine using gas chromatography with nitrogen phosphorous detection (GC-NPD). Further testing was conducted using gas chromatography–mass spectrometry (GC–MS) and liquid chromatography-quadrupole-time-of-flight mass spectrometry (LC-QTOF-MS) which confirmed the presence of 2-methyl AP-237 and potential metabolites in blood and urine. Quantitation by GC-NPD revealed concentrations of 2-methyl AP-237 in blood and urine at 480 ng/mL and 4200 ng/mL, respectively. The toxicological analysis also identified and quantitated alprazolam in the blood at 55 ng/mL. Additionally, the metabolism of 2-methyl AP-237 was investigated and three hydroxylated metabolites were identified in peripheral blood and urine. Limited literature is available for the detection and quantitation of 2-methyl AP-237 in postmortem specimens. Given the toxicological findings with unremarkable autopsy findings, this case is an example of a fatal intoxication involving 2-methyl AP-237.     

STATE URBAN POLICY: "New" Federalism In Virginia, New Jersey and Florida

The recent rediscovery of federalism has left the nation's governors with expanded responsibility and limited federal support. In return, they were promised greater fiscal flexibility, a real partnership in program design, and protection from unfunded mandates. However, states seem unwilling to offer the same guarantees to their cities that they sought from the federal government, even as they expand city responsibilities and limit state aid. This paper explores the extent to which Virginia, New Jersey and Florida have provided the fiscal flexibility and partnership, except in the area of economic development, but the diminished fiscal capacity of some distressed communities relative to their suburban counterparts render them unable to benefit from such efforts.     

Law and Social Inquiry: Commentary on a Psychoanalytic Semiotics of Law

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

The Philosophy of the Gift and the Psychology of Advocacy: Critical Reflections on Forensic Mental Health Intervention

This article examines mental health advocacy,exploring the philosophy of the gift and thepsychology of forensic intervention. Byselectively, though strategically, reviewing the workof Hobbes, Emerson, and Nietzsche,we argue that egoism, charity, and pity displace altruistic, selfless gift-giving. To furtherlegitimize our analysis, we consider Derrida's semiotic deconstructionism and Lacan's psychoanalytic semiotics. Derrida points outhow gift-giving is an aporetic reality; that is,it represents an (im)possibility. Lacandemonstrates how the mirror stage of development givesrise to the self-other ego, in which the subjectis always and already divided. We subsequentlyexplain, therefore, how the gift of mental healthadvocacy must necessarily proceed, in part, from self-interests (i.e., egoism), making the virtuousact of mental health advocacy an (im)possibility.     

Government Credible Commitment to the French and American Nuclear Power Industries

Backlash against nuclear power, although widespread, affected nuclear power programs differently in the United States than in France owing to their differing institutional setups. This article uses a transaction costs economics approach to examine government credible commitment to the French and American nuclear power industries. Positive political theory sheds light on the comparative institutional environment in each industry. The American combination of fragmented power, little reliance on bureaucratic expertise, an independent judiciary, and opposing interest groups greatly undermines the ability of the U.S. government to credibly commit to the nuclear power industry. In France, despite substantial anti‐nuclear interest groups, the impermeability of the institutional setup—no division of power, weak judiciary, and reliance on bureaucratic expertise—effectively prevents activists from influencing policy outcomes. © 2001 by the Association for Public Policy Analysis and Management.     

An assessment of the 2000 US presidential election: a set of political marketing guidelines

This paper comprises a set of marketing guidelines using the 2000 presidential election as an example, and analysing the image building of the two candidates, Al Gore and George W. Bush. It is not hard to understand, with hindsight, why Bush was the winner. Copyright © 2001 Henry Stewart Publications     

The Probabilistic Genotyping Software STRmix: Utility and Evidence for its Validity

Forensic DNA interpretation is transitioning from manual interpretation based usually on binary decision‐making toward computer‐based systems that model the probability of the profile given different explanations for it, termed probabilistic genotyping (PG). Decision‐making by laboratories to implement probability‐based interpretation should be based on scientific principles for validity and information that supports its utility, such as criteria to support admissibility. The principles behind STRmix? are outlined in this study and include standard mathematics and modeling of peak heights and variability in those heights. All PG methods generate a likelihood ratio (LR) and require the formulation of propositions. Principles underpinning formulations of propositions include the identification of reasonably assumed contributors. Substantial data have been produced that support precision, error rate, and reliability of PG, and in particular, STRmix?. A current issue is access to the code and quality processes used while coding. There are substantial data that describe the performance, strengths, and limitations of STRmix?, one of the available PG software.     

Remembering Benalla migrant camp

Abstract

The former migrant camp at Benalla (1949–1967) is one of the least publicly remembered of twenty-three similar centres which provided temporary housing for non-British arrivals in post-war Australia. One of Benalla’s keenest observers saw it as ‘a sad and tragic camp where widows and single mothers were sent’. Another claimed that, as a consequence, it had ‘peculiar difficulties’. The camp ended miserably with the forced relocation of several widows and their families who had been resident in Benalla’s ‘short-term accommodation’ ever since their arrival in Australia seventeen years before. Migrant camps, like Benalla, are difficult heritage places. They raise embarrassing questions about discrimination against the non-British, family separation, forced movement and the inadequacy of support services for the most vulnerable. Benalla has hitherto seen no grand camp reunion, plaque, memorial, public history or heritage listing which raises questions about the perceptions and experiences of the facility while it operated and broader questions about remembering and heritage-making. Benalla was a unique migrant centre and as such provides rare insight into the place of single refugee women and their children within the frames of national/state, local and migrant family heritage.