WHEN JAIL FAILS: AMENDING THE ASFA TO REDUCE ITS NEGATIVE IMPACT ON CHILDREN OF INCARCERATED PARENTS

The Adoption and Safe Families Act (ASFA) requires states begin termination proceedings when a child resides in foster care for fifteen out of the last twenty‐two months. Many states interpret this to mean that an incarcerated parent is unfit when they leave their child in foster care just because they are separated from their children. Parents and children can still have meaningful relationships even when separated. Thus, parental unfitness should depend on many factors such as the relationship with the child, age of the child, and ability to provide support for the child—not just the time spent away from the child. This Note advocates for the amendment of ASFA to include factors courts should consider when terminating the parental rights of incarcerated parents and encouraged states to focus not on a time frame for termination, but rather consideration of circumstances relevant to each individual family. States should incorporate the factors into their state laws. Further, states should actively work with prisoners and their children to help maintain contact and if possible, reunify families after incarcerations. These services will help prevent the need for termination after a parent completes their sentence and will help to reduce recidivism.     

Impact of emergency department intimate partner violence intervention

The objective of the study is to assess the impact of emergency department (ED) intimate partner violence (IPV) counseling and resource referrals on patient-perceived safety and safety planning. ED patients with risk factors were offered consultation with trained IPV advocacy counselors who completed safety assessments, provided resource referrals, and helped patients develop safety plans. Patients were contacted after ED intervention to assess progress and further assist in IPV counseling. Over 96% of patients perceived an increase in their safety after the intervention, and approximately 50% had completed a portion of their safety plan. Legal assistance and/or law enforcement were considered the most beneficial resource referrals. Although follow-up was limited, this study appears to demonstrate that an ED IPV intervention program may be useful in helping IPV victims achieve safer living environments and access local resources.     

Supreme Court of Canada's “Beautiful Mind” case

The Supreme Court of Canada's (SCC) first case involving capacity and the refusal of involuntary psychiatric treatment involved a self described “professor” who had been referred to as “Canada's Beautiful Mind”. He had been found not criminally responsible on account of mental disorder for uttering death threats. While considered incapable of making a treatment decision by psychiatrists and a review board, three levels of court, including the SCC, found him to be capable. “Professor” Starson therefore continued to refuse treatment for his psychosis and spent over seven years detained because he refused the treatment required to become well enough to be released. This refusal of treatment is permitted under Ontario law, although it is not permitted in some other Canadian provinces, and in many other countries.This article describes Starson's situation, Ontario's law with respect to consent to treatment and relevant Canadian constitutional and criminal law. It provides an analysis of the Consent and Capacity Board decision and the court appeals. Implications from Starson's case are analyzed in relation to what happened to Starson, human rights and comparative law pertaining to involuntary patients' refusal of treatment, especially their relevance to the Canadian Charter of Rights and Freedoms, and laws in some other countries. Many Canadian and foreign jurisdictions where laws apparently accord with human rights codes do not allow a person to refuse the treatment required to restore their liberty. We conclude that a law that allows a person with a mental illness to be incarcerated indefinitely in a “hospital” because needed psychiatric treatment cannot, by law, be provided is not justifiable in a caring democratic jurisdiction.     

Internal Validation of RapidHIT®ID ACE Sample Cartridge and Assessment of the EXT Sample Cartridge*†

A new rapid DNA solution, the RapidHIT^®ID, can accommodate two different sample cartridges, ACE, for the analysis of a single swab and EXT, for the analysis of DNA extracts. An efficient internal validation designed for low‐throughput rapid DNA is described. An evaluation of the EXT sample cartridge is also described. Each cartridge generated profiles with sufficient data quality to meet CODIS eligibility in fewer than 120 min. The results exhibited 100% correlation when compared to conventional DNA typing methods. Precision, reproducibility, stochastic, mixture, and contamination experiments produced expected results. Sensitivity of the ACE sample cartridge was acceptable for buccal swab analysis. The sensitivity of the EXT sample cartridge is discussed. The ACE validation and the EXT evaluation utilized a minimalist, cost‐saving, efficient design to generate a validated RapidHIT^®ID instrument capable of producing genetic profiles from both extracted forensic DNA samples and buccal swab samples within 120 min.     

How ‘Vulnerable’ young people describe their interactions with police: building positive pathways to drug diversion and treatment in Sydney and Melbourne,Australia

This article describes findings from an Australian mixed method study, and explores young people’s perceptions of police. We focus on the nature of positive experiences, and the potential for positive encounters to improve outcomes for young offenders affected by problematic alcohol and other drug use. Buber’s concept of dialogical interaction is used to articulate the components of a positive experience and how this increases police legitimacy. In doing so, we demonstrate that, despite negative experiences, young people can be sympathetic to the tensions of modern policing, and can envisage police as positive role models. As such, police can enhance outcomes for ‘vulnerable’ young people through more respectful interactions.     

Rent-seeking and pesticide legislation

This paper provides a test of the Appelbaum and Katz (1987) rent-seeking model, in which rents are endogenous. The Appelbaum-Katz model is theoretically modified to correspond to our empirical application, in which rent-seeking and rent-avoiding coalitions are attempting to influence legislators' votes on pesticide regulations. Probit estimations are used to analyze the legislators' votes on two bills to amend pesticide legislation (a proxy for rent). Empirical results generally support the rent-seeking determinants identified in the model. Tobit estimation is used to investigate campaign contributions by the coalitions to the legislators. These contributions are a proxy for rent-seeking activities. Again, the model is supported.     

The Density of State Interest-Communities: Do Regional Variables Matter?

To better understand state interest-group politics, this studycompares two approaches to understanding the density of theirinterest communities. The first approach—Gray and Lowery'senergy, stability, area model of density—emphasizes asmall set of political and economic variables operative withineach state in accounting for density. The second, of which thereare several examples, emphasizes a regional level of analysis.The two approaches are evaluated as both independent and complementaryaccounts of state interest-community density using 1990 statelobby-registration data. Although some evidence of modest underspecificationin the Gray and Lowery model is found, regional or spatiallybased variables only have a small impact on the density of stateinterest-communities.