Competency Restoration: An Examination of the Differences Between Defendants Predicted Restorable and Not Restorable to Competency

According to the U.S. Supreme Court's decision in Jackson v. Indiana (1972), examiners must determine if a defendant has substantial probability of regaining competency through treatment in the foreseeable future. Previous research has indicated that, given the low base rate of defendants unable to be restored to competency, examiners are relatively poor at predicting which defendants will regain competency. Determining the characteristics of not restorable incompetent defendants and restorable incompetent defendants is a necessary first step toward improving examiners' ability to predict a defendant's likelihood of regaining competency. This study examined the competency evaluation reports of 468 defendants evaluated for competency to stand trial. Incompetent defendants significantly differed from competent defendants with regard to age, employment status, ethnicity, criminal charges, and psychiatric diagnosis. Few significant differences existed between defendants predicted restorable and those predicted not restorable by mental health examiners—the differences that did exist were related mainly to nonpsychiatric variables.     

Evaluation of a national prison-based treatment program for sexual offenders in England and Wales

Treatment efficacy is described for a sample of sexual offenders who had undertaken treatment in United Kingdom prisons (N = 647) and for a retrospectively selected comparison group (N = 1,910). The outcomes under observation in this study were sexual, sexual and/or violent, and general reconviction. Treatment impact was also examined in relation to offenders' risk of reconviction. The treatment group had slightly lower 2-year sexual reconviction rates than the comparison group, but these differences were not statistically significant. Significant differences were found between the treatment and comparison group for sexual and/or violent reconviction. Further analysis suggested that treatment produced a reduction in the probability of sexual and/or violent reconviction (p <.05) when other relevant variables were controlled for. General reconviction rates were consistently lower in the treatment group, but these differences were not significant.     

Recent developments in privacy legislation

In this article, Ruth Carey takes a critical look at recent privacy-of-personal-information legislation drafted in three Canadian provinces--Ontario, Alberta, and British Columbia. The article begins with a historical overview of international legal instruments and other privacy guidelines, and the Canadian experience with privacy protection. It then critically analyzes the provincial initiatives in the context of the federal Personal Information Protection and and Electronic Documents Act and accepted privacy principles. The article goes on to highlight certain types of legislative provisions of particular interest to people with HIV/AIDS and those who advocate on their behalf. It concludes that the numerous legislative initiatives underway in Canada provide an opportunity to alter the public discourse around the virus, thereby improving the lives of people with HIV/AIDS.     

Ontario: people can now apply for forced HIV testing in certain situations

Ontario has finally issued a regulation to accompany its controversial "blood samples" legislation, passed in 2001. As a result, in certain circumstances, a person in Ontario can now seek an order to require another person to be tested for HIV, hepatitis B (HBV), and hepatitis C (HCV). However, the regulation contains a number of restrictions on the ability to apply for such an order.     

The Jewish Mother turned monster: Representations of motherhood by Hebrew women novelists 1881–1993

The paper discusses the changes in the representation of motherhood in Hebrew novels written by women within the span of a century. The outline of the changes is found to be similar to the general trend discernible in women's writing in the West, despite the anomalous history of Hebrew literature. In most general terms, the history of the mother in these novels might be outlined in terms of a move from absence to presence, from silence to voice, from passivity to activity, from asexuality to overt promiscuity, from submission to aggression. Given the culturally ingrained model of the Jewish Mother that the novelists have to cope with, this move is shattering. The mother, who was neglected or even suppressed in the earlier novels, returns, with a vengeance, in more recent ones. The vengeance, though, may prove excessive.     

Silences: Irish Women and Abortion

This article considers the forces which act to prevent women in Ireland from speaking about their experiences of abortion. It considers the various forms such silencing can take and the complexity of feelings and circumstance which women who have had abortions are subject to. In so doing it raises important questions about the way public debate about abortion between pro-choice and pro-life arguments - couched in terms of rights - acts to further silence women. Finally, the article calls for the creation of a new public and intellectual space in which the complexities of the issues can be realized. A new public space such as this could then facilitate the enactment of permissive legislation which in turn could enable women to decide the best pregnancy option available for them at any particular moment in their lives.     

The interlingual interpreter — Cypher or intelligent participant?

Conclusion The final question that arises here is whether interpreters' behaviour—in adding a word here or deleting a word there, as in the examples given above — actually justifies the suspicion of legal participants that they are not being told literally what the witness is saying. Interpreters argue that a literal rendering may confuse or mislead. Legal figures accuse interpreters of using their own words.Legal etiquette frequently precludes interpreters from identifying cultural or linguistic factors that are generating miscommunication, such as in the example given above of designating a particular winter. The mechanical, non-participatory role ascribed to interpreters in the lega setting further leads the legal professionals to denigrate the standing of the individuals performing language-switching. Failure to treat interpreters as participants, e.g. by supplying them with all documentation, including photographic material, leads to inaccuracies. The mechanical view of interpreters frequently precludes them from participating at their own initiative, either to request clarification of unclear material or to provide clarification where speakers' referents are based on different worlds of knowledge. I suggest that it is high time that the legal profession re-examined its attitudes towards foreign-language interpreters, and towards their product — interlingual interpretation.