Social justice in the modern regulatory state: duress,necessity and the consensual model in law

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being.     

How to Maintain Emotional Health When Working with Trauma

Vicarious traumatization, compassion fatigue, or secondary traumatization refers to the cumulative effect of working with survivors of traumatic life events as part of everyday work. Although this issue has been acknowledged and addressed among professionals such as police officers and medical professionals, it has been discussed less among juvenile and family court judges who also experience secondary traumatic stress. In fact, in one recent study, a majority of judges reported one or more symptoms of secondary traumatization. This article describes the common signs and symptoms of secondary trauma, job‐related factors that contribute to secondary trauma among judges, and the potential negative impact on organizational performance. The authors conclude with specific recommendations tailored for juvenile and family court judges.     

The Dud Effect: Adding Highly Dissimilar Fillers Increases Confidence in Lineup Identifications

Recent research in decision-making has demonstrated the “dud-alternative effect”—the tendency to become more confident that a chosen response option is correct if it is surrounded by implausible response options (Windschitl & Chambers, J Exp Psychol 30:198–215, 2004). This finding may be applicable to a lineup task: The presence of duds (i.e., highly dissimilar fillers) may increase a witness’s confidence that an identified (non-dud) lineup member is the criminal. Four studies (N = 665) demonstrate that the mere presence of highly dissimilar fillers inflates witnesses’ confidence in a mistaken identification (Studies 1–4), provides evidence that this confidence inflation is due to the duds inflating the perceived similarity of the other lineup members to the criminal (Studies 2, 3), and delineates some conditions under which the effect holds (Studies 3, 4). The addition of highly dissimilar lineup members, far from being inert, as is often implicitly assumed, can bias witnesses’ confidence reports.     

Reducing Adolescents’ Perceived Barriers to Treatment and Increasing Help-seeking Intentions: Effects of Classroom Presentations by General Practitioners

The Building Bridges to General Practice (BBGP) program is an outreach initiative. It aims to reduce young peoples’ perceived knowledge- and belief-based barriers to engaging in treatment and to increase their behavioral intentions to consult a general medical practitioner (GP) for physical and psychological problems. By increasing intentions, the BBGP program aims to increase actual consultations with a GP for both types of problem. A quasi-experimental nested design was used to evaluate the effect of the intervention in three Australian high schools. A Treatment group (n = 173, M = 16 years) and Comparison group (n = 118, M = 15 years) completed questionnaires of perceived barriers, intentions and self-reported consultations with a GP. Questionnaires were completed 1 week before the intervention, 5 then 10 weeks post-intervention. The Treatment group, but not the Comparison group, showed reductions in perceived barriers over time, increased intentions to consult a GP for psychological problems and a significant correlation between intentions and subsequent GP consultations. Results support the utility of the intervention for improving adolescents’ beliefs, intentions and behavior related to consulting a GP for physical and psychological problems.