Functional mental capacity is not independent of the severity of psychosis

BACKGROUND: Function-specific mental capacities are the legal criteria for competence. These are regarded as superior to clinical assessments of mental state and general function. AIMS: To determine whether tests of fitness to plead and capacity to consent are independent of each other and independent of mental state and global function in psychosis. METHOD: The MacCAT-T and MacCAT-FP, PANSS and GAF were administered to 102 compulsorily detained forensic patients with psychosis. Criteria for incompetence were inability to express a preference concerning treatment, and independent rating as unfit to plead. RESULTS: MacCAT-T, MacCAT-FP totals and sub-scales correlated with each other and with PANSS and GAF. Those independently rated unfit to plead or who were incapable of making a treatment choice scored significantly worse on all rating scales. No test had satisfactory sensitivity or specificity. CONCLUSIONS: Legal definitions of mind and of functional capacity offer a basis for structured clinical judgement regarding decision-making capacity. However, function-specific measures of understanding, reasoning and appreciation generate much the same results as measures of mental state and global functioning.     

Measuring psychopathic traits in children through self-report. The development of the Youth Psychopathic Traits Inventory-Child Version

The current article investigates whether self-reports of children provide reliable and valid information concerning psychopathic personality traits and behaviours. For this purpose, we developed a downward extension of an existing adolescent self-report measure; the Youth Psychopathic traits Inventory [YPI; Andershed, H., Kerr, M., Stattin, H., & Levander, S. (2002). Psychopathic traits in non-referred youths: Initial test of a new assessment tool. In E.S. Blaauw, L. (Ed.), Psychopaths: Current international perspectives (pp. 131-158): The Hague: Elsevier], called the Youth Psychopathic traits Inventory-Child Version (YPI-CV). The reliability and validity of the YPI-CV were tested in n=360 children from the general population. The YPI-CV had good internal consistency and a three factor structure similar to the original adolescent version. Test-retest reliability over a 6-month period was adequate. In validating the instrument, both self, teacher and peer report were used. The convergent and divergent validity of the three YPI-CV dimensions was examined by relating each of them to an external criterion measures assessing the same construct. It was concluded that psychopathic traits can be measured reliably and meaningfully through self-report in 9 to 12 year olds and that the YPI-CV is potentially a useful instrument for doing so.     

Changing patterns in emergency involuntary admissions in the Netherlands in the period 2000-2004

BACKGROUND: In England, rates of involuntary admissions increased in subgroups of patients. It is unknown whether this is true in other European countries. AIMS: To establish whether the increase in emergency commitments was uniform across subgroups of patients and dangerousness criteria used to justify commitment in The Netherlands. METHOD: National data on all commitments in the period 2000-2004. RESULTS: Commitments increased from 40.2 to 46.5 (16%) per 100,000 inhabitants. Controlling for population changes in age and sex, relatively large increases were found in patients over 50 years (25-40% increase), in patients with dementia (59%), 'other organic mental disorders' (40%) and substance abuse (36%). 'Arousing aggression', increased most strongly as a dangerousness criterion for commitment (30%). CONCLUSION: Changing patterns of commitments in The Netherlands and England might indicate a wider European shift in diagnoses and reasons for admission of committed patients.     

Excessive spending by firms to avoid accidents: Is it a concern in practice?

Shavell’s [Shavell, S. (1986). The judgment proof problem. International Review of Law and Economics, 6, 45–58] original model of the judgment proof problem treats costs of care to prevent accidents as non-monetary. Noting that this is unrealistic when injurers are firms, several authors have found that with monetary care costs, some judgment-proof firms perversely take excess rather than insufficient care. In this paper, we make explicit the quite specific assumptions required for the excess-care result to arise even in theory, and demonstrate that, even under these assumptions, the result is likely to be quantitatively unimportant. We also suggest an alternative model that, while treating care costs as monetary, avoids the excess-care result.     

A comparison of hair colour measurement by digital image analysis with reflective spectrophotometry

While reflective spectrophotometry is an established method for measuring macroscopic hair colour, it can be cumbersome to use on a large number of individuals and not all reflective spectrophotometry instruments are easily portable. This study investigates the use of digital photographs to measure hair colour and compares its use to reflective spectrophotometry. An understanding of the accuracy of colour determination by these methods is of relevance when undertaking specific investigations, such as those on the genetics of hair colour. Measurements of hair colour may also be of assistance in cases where a photograph is the only evidence of hair colour available (e.g. surveillance). Using the CIE L^*a^*b^* colour space, the hair colour of 134 individuals of European ancestry was measured by both reflective spectrophotometry and by digital image analysis (in V++). A moderate correlation was found along all three colour axes, with Pearson correlation coefficients of 0.625, 0.593 and 0.513 for L^*, a^* and b^* respectively (p-values = 0.000), with means being significantly overestimated by digital image analysis for all three colour components (by an average of 33.42, 3.38 and 8.00 for L^*, a^* and b^* respectively). When using digital image data to group individuals into clusters previously determined by reflective spectrophotometric analysis using a discriminant analysis, individuals were classified into the correct clusters 85.8% of the time when there were two clusters. The percentage of cases correctly classified decreases as the number of clusters increases. It is concluded that, although more convenient, hair colour measurement from digital images has limited use in situations requiring accurate and consistent measurements.     

EU update

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Introduction to Social Network Analysis (SNA) as an investigative tool

Social behavior is brought about mainly through social ties and connections. Our contacts with other people shape our view of the world, reinforce our identity, and the interactions provide us with all kinds of opportunities and resources to get things done. The social capital associated with networks is also one of the primary ways facilitating crime. Therefore, the systematic analysis of criminal networks is considered a viable means to gain a more thorough understanding of criminal behavior. This paper is a general introduction to social network analysis (SNA) as an analytical tool for the study of adversary networks. The paper reviews some theoretical and key concepts, highlights functional applications, and presents a tentative protocol for data handling and coding. The discussion deals with some methodological issues, challenges and future developments in the field.

The prevalence of drugs and alcohol found in road traffic fatalities: A comparative study of victims

Researchers have studied the involvement of drugs and alcohol in fatal road traffic incidents, but with particular emphasis on the possible impairment of the driver. This paper describes a comparative study of drug and alcohol findings in various victim groups (drivers of cars, vans or lorries, car passengers, motorcyclists, motorcycle passengers, cyclists and pedestrians) between 2000 and 2006. Post-mortem blood and urine specimens submitted were analysed by immunoassay, GC–NPD, GC–FID, GC–MS and HPLC–DAD. The results of 1047 cases indicated 54% of all victims were positive for drugs and/or alcohol, with the highest percentage of positive findings occurring in pedestrians (63%). Males between the ages of 17–24 were most likely to be involved in a road traffic accident, whether being in control of a vehicle (driver) or involved indirectly (car passenger, pedestrian, motorcycle passenger). A wide range of drugs were detected (e.g. drugs of abuse, anti-convulsants, anti-histamines, anti-inflammatories, anti-psychotics, cardiac drugs and over-the-counter products), but alcohol and cannabinoids were the most frequent substances across the victim groups. When detected, alcohol was commonly above the legal driving limit in blood and urine (> 63% in those in control and > 60% not in control). Overall, the presence of drugs and/or alcohol was of similar frequency in those victims in control (55% of driver, 48% of motorcyclists, 33% of cyclists) and not in control of a vehicle (52% of car passengers, 63% of pedestrians). This degree of frequency strongly implicates the involvement of drugs and alcohol in road traffic incidents and infers an effect on driving ability and individual impairment.     

Programmatic action in Chinese health policy—The making and design of “Healthy China 2030”

The Programmatic Action Framework (PAF) is a powerful analytical perspective to advance our understanding of policy change by stressing the role of programmatic groups and how they promote their preferred policy programs. While the PAF has been applied successfully to European countries and the US, a considerable research gap remains regarding its explanatory power in other regions and political settings. To step into this research gap, we apply the PAF to authoritarian China through a qualitative case study of the making of “Healthy China 2030”, a national health policy program. We explore two research questions: firstly, to what extent can the PAF be operationalized in a nondemocracy to identify programmatic groups and evaluate policy design, and second, what are the limitations and challenges facing the application of the PAF to nondemocracies? Our empirical analysis shows that the design of this policy program involves actors from different policy areas, despite the top-down political structure. With regards to the transfer of PAF hypotheses, we show that the framework is a helpful lens to identify programmatic groups and to evaluate policy programs' potential for success based on coherence, responsiveness, and program fit. Meanwhile, the research process of our study revealed the challenges of applying policy process theories to China, including hard-to-reach political actors for data collection, lack of transparency regarding collaboration processes between actors, and a lack of publicly available program-related information.     

A behavioral view on responsibility attribution in multi-level governance: Upward and downward responsibility attribution in response to performance below aspirations

Multi-level governance systems provide decision-makers with many avenues for external responsibility attribution in response to lacking performance. This study provides a behavioral perspective that examines responsibility attribution to the national government (upward) and policy implementers (downward) as a function of performance relative to decision-makers' aspiration levels. The study proposes that perceived accountability increases the propensity of external responsibility attribution, and that decision-makers' political alignment to actors on other governance levels explains when responsibility is deflected upwards or downwards. Using a survey experiment that presents factual information on youth care overspending to 1086 elected local government officials, the study finds consistent evidence that performance below aspirations increases upward responsibility attribution. Accountability strengthens responsibility attribution for negative performance downward to policy implementers. Finally, responsibility is attributed upward less frequently by decision-makers who are politically aligned with the national government, but information that signals performance below aspirations attenuates this tendency.