48 results
Search Results
2. Interdisciplinary Graduate Programs which Require Academic and Professional Perspectives.
- Author
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Steward, David S.
- Subjects
GRADUATE education ,INTERDISCIPLINARY education ,EDUCATIONAL programs ,HIGHER education ,SOCIAL sciences ,LAW - Abstract
This paper explores considerations that need to be taken into account in the development of academic and professional interdisciplinary programs. Such programs are built on a social view of knowing; take into account the personal world of those involved; and contain program structures that support an interdisciplinary perspective. The paper begins with four features of the knowing person that point to a view of scholarship rooted in the constructive and collaborative activity of human beings. It then describes an interdisciplinary program of graduate study that blends professional and academic concerns. [ABSTRACT FROM AUTHOR]
- Published
- 1990
- Full Text
- View/download PDF
3. Cultural consequences of miscarriages of justice.
- Author
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Cole, Simon A.
- Subjects
JUSTICE ,FALSE imprisonment ,CRIME ,VICTIMS ,PUBLIC opinion ,CRIMINAL convictions ,SOCIAL sciences - Abstract
Social science scholarship has tended to focus more on the causes than the consequences of miscarriages of justice. Within the literature on consequences, the overwhelming emphasis has been on individual consequences: psychological and material impacts on the wrongly convicted individual and, in some cases, other indirectly impacted individuals such as family members of the wrongly convicted and victims of the true perpetrator's future crimes. Some attention has been devoted to social harms, the impact of miscarriages of justice on the broader society within which they are situated, such as the undermining of the legitimacy of the criminal justice system. This paper focuses on what are called here cultural consequences of miscarriages of justice: the way in which some high-profile miscarriages of justice can shape the public's beliefs about some of the most basic “facts” about crime, such as the nature, prevalence, or even existence of certain categories of crime and the types of individual who tend to perpetrate particular types of crime. In this way, the paper argues, miscarriages of justice may have hitherto underexplored consequences: reshaping, based on false premises, the public's belief about the very nature of crime itself. This paper discusses three cases studies of miscarriages of justice that for varying periods of time created widespread false beliefs about the nature of crime in large segments of the public. The paper concludes by noting that the “righting” of these false beliefs was in most cases fortuitous. This suggests that unexposed miscarriages of justice may still be shaping popular beliefs about the nature of crime, and aspects of the public's current conception of crime may yet be based on false premises. Copyright © 2009 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]
- Published
- 2009
- Full Text
- View/download PDF
4. Free will in context: a contemporary philosophical perspective.
- Author
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Grim, Patrick
- Subjects
FREE will & determinism ,DETERMINISM (Philosophy) ,BRAIN ,PSYCHOLOGY -- Law & legislation ,HUMAN behavior ,SOCIAL sciences - Abstract
Philosophical work on free will is inevitably framed by the problem of free will and determinism. This paper offers an overview of the current state of the philosophical art. Early sections focus on quantum indeterminism, an outline of the most influential logical argument for incompatibilism between free will and determinism, and telling problems that face incompatibilism. A major portion of the paper focuses on the compatiblist alternative, favored by many working philosophers. The conditional account of free will offered by classical compatibilism can be shown to be inadequate. A number of compatibilist options remain open, however, and seem promising for future research. These include ‘hierarchical’ or ‘mesh’ accounts of free will, normative perspectives and an approach to free will in terms of an emphasis on context. Final sections draw out the implications of contemporary compatibilism for the brain and behavioral sciences and for the law. Copyright © 2007 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]
- Published
- 2007
- Full Text
- View/download PDF
5. Integrating research and practice in federal law enforcement: Secret Service applications of behavioral science expertise to protect the President.
- Author
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Coggins, Margaret H., Pynchon, Marisa Reddy, and Dvoskin, Joel A.
- Subjects
LAW enforcement ,CRIMINAL justice system ,DECISION making ,FORENSIC sciences ,SECRET police ,SOCIAL sciences - Abstract
This paper discusses specific behavioral research needs by law enforcement and justice systems to guide forensic decision-making in areas of targeted violence. Continuing incidents of stalking, workplace violence, and threats to public figures underscore the importance of developing empirically based risk assessment and intervention strategies. Reviewing briefly the relevant literatures in these areas, this paper describes deficits in these literatures and the absence of a model for integrating research and practice in applied settings. The U.S. Secret Service Behavioral Research Program is explored as one example of how behavioral science expertise may be integrated with law enforcement responsibilities. Considerations associated with building behavioral research capacities in applied settings are examined in the context of differences in professional orientation, values, and access to information. Specific research directions to improve understanding of targeted violence are recommended along with suggestions for ways in which the psychology-law field may facilitate integration of research into practice. © 1998 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]
- Published
- 1998
- Full Text
- View/download PDF
6. Psychosis and Substance Use: Implications for Conditional Release Readiness Evaluations.
- Author
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Tabernik, Holly E. and Vitacco, Michael J.
- Subjects
PSYCHOSES ,SUBSTANCE abuse & psychology ,PSYCHIATRIC hospital admission & discharge ,INSANITY defense ,LEGAL status of criminals with mental illness ,DANGER (Law) ,FOUCHA v. Louisiana (Supreme Court case) ,INSANITY (Law) ,PSYCHIATRIC hospital laws ,SUBSTANCE abuse diagnosis ,PSYCHOLOGY -- Law & legislation ,CRIMINAL psychology ,FORENSIC psychiatry ,LEGAL status of psychotherapy patients ,PSYCHOTHERAPY patients ,SOCIAL sciences ,BEHAVIOR disorders ,PSYCHOLOGICAL factors ,DIAGNOSIS ,PSYCHOLOGY - Abstract
In Foucha v. Louisiana (1992), the United States Supreme Court ruled that individuals adjudicated not guilty by reason of insanity (NGRI) could not remain in a forensic hospital if they were no longer mentally ill and dangerous. Since this decision, a variety of important questions have arisen related to the insanity defense and what should happen to insanity acquittees post-adjudication. This article provides an analysis of clinical issues confronting forensic examiners when psychosis as a result of substance abuse is the underlying condition supporting an insanity defense. To accomplish this analysis, this article provides the reader with a review of literature showing the complex relationship between psychosis and substance abuse. Second, this article investigates how substance-induced psychosis may impact both insanity opinions and subsequent conditional release decisions. Third, the article aims to provide research-driven information to assist clinicians in conducting conditional release evaluations. Finally, this paper provides a model for evaluating dangerousness in the context of conditional release evaluations. Given the substantial comorbidity between substance abuse and psychosis, it is critical for researchers and clinicians to consider potential effects of substance abuse when evaluating insanity acquittees for conditional release, especially as substance use relates to future dangerousness. Copyright © 2016 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
7. Patient consent for release of sensitive information from their medical records: an exploratory study.
- Author
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Merz, Jon F., Spina, Bernadette J., Sankar, Pamela, Merz, J F, Spina, B J, and Sankar, P
- Subjects
INFORMED consent (Medical law) ,MEDICAL records ,INFORMATIONS (Criminal procedure) ,FEDERAL legislation ,PATIENTS ,SOCIAL sciences ,MEDICAL record laws ,RIGHT of privacy ,MEDICAL ethics laws ,COMPARATIVE studies ,RESEARCH methodology ,MEDICAL cooperation ,RESEARCH ,EVALUATION research ,RETROSPECTIVE studies ,MEDICAL coding - Abstract
The disclosure of sensitive information concerning mental health, drug and alcohol use, and communicable diseases requires express patient consent under federal and state laws. This paper presents the results of a retrospective medical record abstraction of hospital consent-to-treatment and release-of-information forms, examining whether the forms are present in the records, and, if so, whether they are signed by patients. The results suggest that patients who have sensitive information in their medical records or pay out of pocket for their care are less likely to consent to disclosure of their records. We discuss the implications of these results and recommend further research to understand patients' perceptions of medical confidentiality and the processes used for securing consent to hospital treatment. [ABSTRACT FROM AUTHOR]
- Published
- 1999
- Full Text
- View/download PDF
8. One Face of the Devil: The Satanic Ritual Abuse Moral Crusade and the Law.
- Author
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deYoung, Mary
- Subjects
SATANIC ritual abuse ,OCCULT crime ,LAW enforcement ,SOCIAL problems ,CRUSADES (Middle Ages) ,CRIMES against youth ,SOCIAL sciences ,LAW - Abstract
The last decade has witnessed the spread across the country of allegations of satanic ritual abuse of children. The allegations are so horrific that a moral crusade comprised largely of psychotherapists, survivors, religious fundamentalists, and law enforcement professionals has risen up in response to them. This paper dissects the claim of the moral crusade that satanic ritual abuse of children is an exigent social problem, analyzes the empirical content of the behavioral science that has grown around this claim, and reveals the symbolic content of the claim. The article concludes with a discussion of the impact this moral crusade is having on the law. [ABSTRACT FROM AUTHOR]
- Published
- 1994
- Full Text
- View/download PDF
9. The Aftermath of Ford v. Wainwright.
- Author
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Radelet, Michael L. and Miller, Kent S.
- Subjects
LEGAL judgments ,ACTIONS & defenses (Law) ,CRIMINAL procedure ,DUE process of law ,JURISPRUDENCE ,SOCIAL sciences - Abstract
Whatever happened to Alvin Ford? This paper describes the aftermath of the Supreme Court's 1986 ruling in Ford v. Wainwright. The Ford decision held that exempting the mentally incompetent from execution is a matter of constitutional right, and hence the determination of who is competent for execution cannot be left solely in the hands of the executive branch of the government. We describe the hearing in Ford's case in federal district court that occurred after the Supreme Court's decision, the judge's ruling, and Ford's subsequent (and final) appeal. We conclude that despite the decision in Ford, it remains all but impossible for defense attorneys to prove that psychotic death row clients are incompetent for execution. [ABSTRACT FROM AUTHOR]
- Published
- 1992
- Full Text
- View/download PDF
10. Training in Law and Behavioral Sciences: Issues from a Legal Educator's Perspective.
- Author
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Wexier, David B.
- Subjects
TRAINING ,SOCIAL sciences ,LAW ,LAW students ,MENTAL health ,EDUCATORS - Abstract
This article discusses the potential value of law and behavioral science training for the 'typical' law student and examines the extent to which courses in Law and Social Science and Mental Health Law live up to their training potential. [ABSTRACT FROM AUTHOR]
- Published
- 1990
- Full Text
- View/download PDF
11. The Impact of Tarasoff on Clinical Practice.
- Author
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Quinn, Kathleen M.
- Subjects
DISPUTE resolution ,JUSTICE administration ,MEDICAL laws ,PSYCHOLOGY ,SOCIAL sciences - Abstract
The clinical impact of Tarasoff (1976) has meant an increased emphasis on violence as a topic in treatment and a concern for therapists. This paper discusses the limits of confidentiality and the management of dangerous patients both before and after the landmark decision of Tarasoff. The existing research surveys on therapists' responses to Tarasoff arc reviewed. Some of the clinical implications of recent court cases such as Jablonski are described. Recommendations for the management of threatening patients are made. [ABSTRACT FROM AUTHOR]
- Published
- 1984
- Full Text
- View/download PDF
12. Interaction With the United States Secret Service: Views of a Mental Health Professional.
- Author
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Fein, Robert A.
- Subjects
SOCIAL sciences ,CONFERENCES & conventions ,CRIMINALS with mental illness ,MENTAL health services - Abstract
Following a 1981 conference on Behavioral Science and the Secret Service, the author and his colleagues worked with the Service in a number of capacities. This paper summarizes their experience, with particular reference to the mentally ill threateners that come to the attention of the Secret Service. This experience offers one model for interaction between the Secret Service and a mental health agency, keeping clear the different roles of each. [ABSTRACT FROM AUTHOR]
- Published
- 1984
- Full Text
- View/download PDF
13. CRIMINAL COMPETENCIES.
- Author
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Wettstein, Robert M.
- Subjects
CRIMINAL procedure ,JURISPRUDENCE ,SOCIOLOGICAL jurisprudence ,SOCIAL sciences - Abstract
Discusses the collection of theoretical and empirical papers on criminal competencies. Theoretical reformulation of criminal competence; Consideration for both legal standards and the legal procedures in adjudicating competence; Evaluations for competency to stand trial.
- Published
- 1992
- Full Text
- View/download PDF
14. Professional Ethics.
- Author
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Cavanaugh. Jr., James L.
- Subjects
PROFESSIONAL ethics ,PSYCHOLOGY ,SOCIAL sciences ,MENTAL health personnel ,FORENSIC psychiatry ,FORENSIC sciences - Abstract
Professional ethics is an emotionally-laden topic which serves to delimit the boundaries of acceptable practice. This special issue of the journal Behavioral Sciences & the Law addresses only a small sampling of the vast issues associated with professional ethics. The first two contributions by W. Lawrence Fitch and his associates and J.D. Ralph Slovenko have addressed an issue of ethical responsibilities of attorneys as it relates to mental health experts and psychiatric issues. The next three papers address specific issues of particular relevance to forensic practice.
- Published
- 1987
15. Illegal Drug Use.
- Author
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Rogers, Richard and Cavanaugh Jr., James L.
- Subjects
DRUG abuse ,SOCIAL sciences ,PERIODICALS ,SUBSTANCE abuse ,VICTIMLESS crimes ,CRIMINAL law ,COCAINE abuse - Abstract
Introduces articles related to behavioral sciences published in the July 1985 issue of "Behavioral Sciences and the Law."
- Published
- 1985
- Full Text
- View/download PDF
16. TRAINING AND CAREER ISSUES.
- Author
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Tomkins, Alan J.
- Subjects
- *
SOCIAL sciences , *PERIODICALS , *CAREER development , *TRAINING , *LAW , *INTERDISCIPLINARY education - Abstract
The article introduces research papers related to training and career issues, published in the July 1990 issue of the journal "Behavioral Sciences and the Law." Although this issue does not cover the entire spectrum of possibilities regarding training and career, it does give the reader some insight into the range of opportunities and it also identifies many issues relevant to those wishing to train and work in one of the law or behavioral science fields. One article in this issue provides an interesting perspective on the appropriate forum for the application of data generated from behavioral science-law interfaces. Another article indicates the value of interdisciplinary courses and training for law students.
- Published
- 1990
- Full Text
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17. The globalization of behavioral science evidence about battered women: a theory of production and diffusion.
- Author
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Gatowski, Sophia I., Dobbin, Shirley A., Richardson, James T., and Ginsburg, Gerald P.
- Subjects
SOCIAL sciences ,ABUSED women ,GLOBALIZATION & society ,SOCIAL networks ,JUDICIAL process ,SOCIAL conditions of women - Abstract
A theoretical framework is proposed for understanding how the innovative use of behavioral science evidence is both produced and diffused among members of the global legal community. Using case law analyses and interviews with key individuals involved in selected cases, we examine how battered woman syndrome (BWS) is produced and diffused between and among Australia, Canada, England, and the United States. The following diffusion mechanisms are proposed: (1) The availability and accessibility of credible dissemination sources; (2) characteristics of the overall practice environment operating in each legal culture; (3) the attitudes and knowledge of attorneys and judges about the use of scientific evidence; (4) political and social support for the use of the evidence in the legal culture; and (5) the level of structural equivalence, communication, and “neighbor effects” between and among legal cultures. Each mechanism is discussed and supplemented with information from interviews with individuals involved in key cases involving BWS evidence. © 1997 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]
- Published
- 1997
- Full Text
- View/download PDF
18. Issue Information.
- Subjects
SOCIAL stigma ,SOCIAL sciences ,GUILTY pleas - Published
- 2019
- Full Text
- View/download PDF
19. Animal maltreatment: Implications for behavioral science professionals.
- Author
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Levitt, Lacey
- Subjects
ANIMAL welfare ,HUMAN behavior ,VIOLENT crimes ,BEHAVIORAL scientists ,HUMAN-animal relationships ,PSYCHOLOGY ,ANIMAL welfare laws ,ANIMALS ,CHILD abuse ,CHILD psychopathology ,CRIME ,EMOTIONS ,FORENSIC psychiatry ,INTERPERSONAL relations ,INTERVIEWING ,SOCIAL control ,SOCIAL sciences ,VIOLENCE - Abstract
Despite the widespread belief among the public and an increasing number of law enforcement personnel that individuals who harm animals often harm other people, the subject of animal maltreatment has received little attention from behavioral scientists. Advances in comparative neuroanatomy have highlighted the ability of animals to feel physical and emotional pain, including complex psychological reactions to traumatic events. These advances, and recent studies (however sparse) that support the notion that perpetrators of crimes against animals often commit other crimes, have arguably created an ethical and practical imperative for behavioral scientists to undertake a serious examination of animal maltreatment and potential mechanisms for responding to it. In addition, the close and complex relationships many Americans have with animals and the advancements in animal protection law in the past two decades necessitate expertise on the part of forensic psychologists and psychiatrists, who will increasingly be called upon to evaluate animal maltreatment offenders and consult on related policy and legislation. [ABSTRACT FROM AUTHOR]
- Published
- 2018
- Full Text
- View/download PDF
20. Outcome and Efficacy of Interventions by a Public Figure Threat Assessment and Management Unit: A Mirrored Study of Concerning Behaviors and Police Contacts Before and After Intervention.
- Author
-
James, David V. and Farnham, Frank R.
- Subjects
PUBLIC officers ,HUMAN behavior research ,THREATS ,RISK assessment ,POLICE ,THREATS of violence ,MEDICAL records ,RISK-taking behavior ,SECURITY systems ,BEHAVIOR ,HOSPITAL care ,PSYCHOLOGY ,SAFETY ,SOCIAL sciences ,TREATMENT effectiveness - Abstract
Specialized units for the assessment and management of concerning behaviors towards public figures have been set up in various jurisdictions. Their efficacy has been demonstrated descriptively and in terms of reduction in concern rates. This study of 100 consecutive cases from the Fixated Threat Assessment Centre (FTAC) in the UK uses a novel measure of outcome in the form of reduction in behaviors of concern and in police call-outs/stops, using data culled from police and health service records. It adopts a mirrored design, comparing individuals over 12-month and 2-year periods before and after FTAC intervention. It demonstrates significant reductions in both numbers of individuals involved in, and number of actual incidents of, concerning communication and problematic approach, as well as police call-outs/stops. Most results are consistent across subgroups with regard to gender, previous convictions, concern level, compulsory hospitalization and grievance-driven behavior. Such threat assessment units reduce risky behavior and save police time and, possibly, costs. Copyright © 2016 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
21. Terrorism.
- Author
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Reid, William H.
- Subjects
PSYCHOLOGY ,TERRORISM ,PSYCHOLOGISTS ,SOCIAL sciences ,PSYCHIATRISTS ,LAW enforcement ,TERROR ,CRIME prevention ,MASS media - Abstract
Provides an overview of articles published in the April 1983 issue of "Behavioral Science and the Law." Concept of terrorism; Source of greatest terror; Blame placed on the mass media for the escalation of terrorist activity.
- Published
- 1983
- Full Text
- View/download PDF
22. An examination of behavioral consistency using individual behaviors or groups of behaviors in serial homicide.
- Author
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Bateman, Alicia L. and Salfati, C. Gabrielle
- Subjects
HOMICIDE ,CRIMINALS ,BEHAVIORAL assessment ,CRIMINAL behavior ,CRIME ,BEHAVIOR ,BEHAVIORAL research ,LAW & the social sciences ,SOCIAL sciences - Abstract
Establishing behavioral consistency in serial homicide offending behavior is essential when linking homicides together and to a common offender. An examination of 35 serial homicide behaviors utilized by 90 offenders in 450 serial homicide cases was carried out to identify whether these offenders consistently performed the same behaviors across their series of homicides and whether it is more effective to examine individual behaviors or groupings of behaviors in order to identify behavioral consistency. This study provides the first empirically based evidence testing the use of using single behaviors as linking factors in linking homicide cases in a series, and shows that this method has inherent difficulties in accomplishing this, thus providing the first wave of empirical testing that questions current theories in the literature on serial homicide, which has suggested that signatures or specific key behaviors are important in understanding the consistency in an offender's behavior across the crimes. Recommendations for future studies on linking using signatures are suggested, including a more in-depth qualitative empirical evaluation of individual series. Copyright © 2007 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]
- Published
- 2007
- Full Text
- View/download PDF
23. Subtypes of adolescent offenders: affective traits and antisocial behavior patterns
- Author
-
Vincent, Gina M., Vitacco, Michael J., Grisso, Thomas, and Corrado, Raymond R.
- Subjects
ADOLESCENCE ,CRIMINALS ,ANTISOCIAL personality disorders ,IMPULSIVE personality ,ADULTS ,SOCIAL sciences - Abstract
Etiological models of life-course persistent offending often emphasize behavioral explanations. Suggestions that persistent offenders have psychopathy ignore the distinct non-behavioral features of the psychopathy disorder. Using a three-factor model of the PCL-YV and cluster analysis with 259 incarcerated adolescents, we identified four distinct juvenile subtypes on the basis of affective, interpersonal, and behavioral dimensions. Prospective and retrospective comparisons of antisocial behavior patterns found the cluster comprising all three psychopathy dimensions to be the most chronic and severe. Impulsive features alone were strongly associated with severe antisocial behaviors retrospectively, but not prospectively. Findings rebut the proposal that disruptive behavioral and impulsive symptoms can identify “fledgling psychopaths.” Assessments that disregard callous–unemotional traits will likely result in high false positive rates among serious adolescent offenders. Implications for developmental models of chronic offending are discussed in light of the need for further follow-up into adulthood. Copyright © 2003 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]
- Published
- 2003
- Full Text
- View/download PDF
24. The effect of multiple childhood sexual assaults on mock-jurors' perceptions of repressed memories.
- Author
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Golding, Jonathan M., Sego, Sandra A., Sanchez, Rebecca Polley, Golding, J M, Sego, S A, and Sanchez, R P
- Subjects
CHILD sexual abuse ,RECOVERED memory ,ASSAULT & battery ,SEX crimes ,SOCIAL sciences ,ABUSED children ,CHILD sexual abuse & psychology ,CHILD sexual abuse laws ,DECEPTION ,FALSE memory syndrome ,STUDENTS - Abstract
The effect of multiple childhood sexual assaults on the believability of a repressed memory of the assault was assessed using mock jurors. Participants read a fictional civil trial summary about a child sexual assault case presented in one of three reporting conditions: (a) immediate condition-the alleged victim testified immediately after the assault(s); (b) repressed condition-the alleged victim reported the assault(s) 20 years later, after remembering it/them for the first time; or (c) no-repressed condition-the alleged victim reported the assault(s) 20 years later, but the memory of the assault(s) had been present for those years. The number of assaults was either one or 30. The results showed that for all reporting conditions 30 alleged assaults led to relatively more decisions for the plaintiff than the defendant, and greater believability of the plaintiff. The increases in decisions rendered and believability were also generally true for the immediate condition compared to when there was a delay in reporting. The results are discussed in terms of mock jurors' perceptions of child sexual assault, both those reported immediately and those reported after many years. [ABSTRACT FROM AUTHOR]
- Published
- 1999
- Full Text
- View/download PDF
25. DIVORCE AND CHILD CUSTODY.
- Author
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Ewing, Charles Patrick
- Subjects
- *
SOCIAL sciences , *PERIODICALS , *DIVORCE , *CUSTODY of children , *MARITAL adjustment , *COUPLES counseling - Abstract
The article introduces research papers related to divorce and child custody problems, published in the October 1991 issue of the journal "Behavioral Sciences and the Law." Clinical, forensic and family psychologist Florence Kaslow describes her innovative work with marrying, married and remarrying couples, helping them to develop agreements that may lessen the likelihood of divorce, or at least reduce the degree of conflict and litigation in the event of divorce. Marriage and family therapists Judith Rae, Jamia Jasper-Jacobsen, and Carol Blatter have described the helpful therapeutic program they have developed and implemented for a rapidly growing segment of the post-divorce population.
- Published
- 1991
- Full Text
- View/download PDF
26. AGING AND THE LAW.
- Author
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Wettstein, Robert M.
- Subjects
SOCIAL sciences ,OLD age ,MENTAL health ,SERIAL publications - Abstract
Introduces a series of articles published in the 1995 issue of the journal "Behavioral Sciences and the Law." Assessment of the ethical and legal issues in conducting research involving elderly subjects; Scope of elder mistreatment; Observation of the mental capacity cases.
- Published
- 1995
- Full Text
- View/download PDF
27. Managed mental health care.
- Author
-
Wettstein, Robert M. and Wettstein, R M
- Subjects
MENTAL health services ,MANAGED care programs ,MEDICAL care ,PUBLIC health ,HEALTH care reform ,SOCIAL sciences ,MENTAL health services administration - Abstract
Provides an author's overview of articles discussed in the issue "Behavioral Sciences and the Law. Problem presented by managed mental health care for clinicians; Examination of various strategies for organizing and compensating health care providers under managed care; Implications of verbal expressions for informed consent to health care.
- Published
- 1994
- Full Text
- View/download PDF
28. A Further Examination of Validity for the Sexual Experiences Survey.
- Author
-
Gylys, Julius A. and McNamara, John R.
- Subjects
SELF-report inventories ,PERSONALITY tests ,PSYCHODIAGNOSTICS ,RAPE victims ,SEXUAL abuse victims ,LAW & the social sciences ,SOCIAL sciences - Abstract
The Sexual Experiences Survey (SES) is designed to identify victims of sexual assault, including ones whose experiences meet the Ohio legal definitions (Ohio Revised Code, 1980) for rape or attempted rape (Kosa, Gidycz and Winniewski, 1987). Rating from 156 Ohio prosecuting attorneys indicate that three of the five items used to identify victims of rape or attempted rape as a result of actual or threatened force are commensurate with the sex offense statutes for these acts, while the two questions describing attempted and completed rape experiences involves the use of drugs and alcohol are not. The ratings could not be accounted for by demographic, work experience, or rape myth acceptance variables. Two additional items not intended to measure specific code violations were found to describe felony sex offenses. The implications of the current findings for identifying sexual assault victims are discussed. [ABSTRACT FROM AUTHOR]
- Published
- 1996
- Full Text
- View/download PDF
29. BOOKS RECEIVED.
- Subjects
BOOKS ,SOCIAL sciences - Abstract
Introduces several books on behavioral sciences. "The Backlash: Child Protection Under Fire," by John E. B. Myers; "Biomedical Policy and Mental Health," by Donna T. Kemp; "Creative Scripts for Hypnotherapy," by Marlene E. Hunter.
- Published
- 1995
30. Ethical and legal issues in conducting research involving elderly subjects.
- Author
-
High, Dallas M., Doole, Mary M., High, D M, and Doole, M M
- Subjects
OLDER people ,SOCIAL sciences ,QUALITY of life ,RESEARCH - Abstract
Older people are increasingly the focus of biomedical and behavioral research not only because the elderly constitute the fastest growing segment of our population but because there is a societal concern to improve the elderly's quality of life. The profound need to advance that research carries with it an equally profound obligation to protect the rights and welfare of elderly research subjects, and thus raises difficult ethical and legal issues. Against a background of foundational principles for the protection of human subjects, we discuss whether older subjects should be treated as a special class, the ethical and legal issues over informed consent, capacities for consent, and special problems related to cognitive impairment. We discuss surrogate/proxy consent procedures in research, recruitment of elderly subjects, conflicts of interest, special problems regarding institutional research, and risk/benefit analyses. We offer recommendations and practical guidelines for conducting current and future research involving elderly participants. [ABSTRACT FROM AUTHOR]
- Published
- 1995
- Full Text
- View/download PDF
31. Advancing psychological jurisprudence.
- Author
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Small, Mark A.
- Subjects
JURISPRUDENCE ,SOCIAL sciences ,LEGAL psychology ,APPLIED psychology ,JUSTICE administration - Abstract
Recent articles and literature reviews within the field of social science and law point to the importance of developing interdisciplinary jurisprudence. An overview of psychological jurisprudence is presented. Next, three approaches to the specific construction of psychological jurisprudence are reviewed. Finally, the relationship between legal psychology and psychological jurisprudence is discussed. [ABSTRACT FROM AUTHOR]
- Published
- 1993
- Full Text
- View/download PDF
32. Sanism, social science, and the development of mental disability law jurisprudence.
- Author
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Perlin, Michael L. and Dorfman, Deborah A.
- Subjects
MENTAL health laws ,STEREOTYPES ,RULE of law ,SOCIAL sciences ,SEXISM in psychoanalysis - Abstract
This article examines the way that 'sanist'︁ attitudes (attitudes driven by the same kind of irrational, unconscious and bias-driven stereotypes exhibited in racist and sexist decisionmaking) lead to 'pretextual'︁ decisions (in which dishonest testimony is either explicitly or implicitly accepted) in mental disability law jurisprudence. In conjunction with these sanist ends, social science data is teleologically employed by legal decisionmakers, so that it is privileged when it supports a conclusion that the fact-finder wishes to reach but subordinated when it questions such a conclusion. The article examines recent Supreme Court cases in an effort to determine the extent of domination of such sanist behavior, and concludes by offering several prescriptions to scholars and policymakers so as to best avoid sanism's pernicious power. [ABSTRACT FROM AUTHOR]
- Published
- 1993
- Full Text
- View/download PDF
33. Diversion of mentally disordered offenders: a legitimate role for clinicians?
- Author
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Rogers, Richard, Bagby, R. Michael, Rogers, R, and Bagby, R M
- Subjects
CRIMINAL procedure ,MENTAL illness ,CRIMINAL defense ,DUE process of law ,JURISPRUDENCE ,SOCIAL sciences - Abstract
Consultations to the courts often extend beyond criminal competencies and may include implicit statements regarding the diversion of mentally disordered offenders to treatment facilities. Arguments for diversion are based on humanitarian interests and treatment needs. Arguments opposing diversion recommendations emphasize (a) the variability of opinions regarding treatability, (b) the lack of sufficient outcome data, and (c) the potential for negative consequences in offering unsolicited opinions on diversion. Initial data from 271 pretrial evaluations underscore the range in psychiatric use of diversion recommendations, although inpatient referrals in particular appear to be based on clinical status. [ABSTRACT FROM AUTHOR]
- Published
- 1992
- Full Text
- View/download PDF
34. Attorney-Client Decision-Making in Criminal Cases: Client Competence and Participation as Perceived by their Attorneys.
- Author
-
Hoge, Steven K., Bonnie, Richard J., Poythress, Norman, and Monahan, John
- Subjects
DECISION making ,ATTORNEY-client privilege ,CRIMINAL defense ,DUE process of law ,JURISPRUDENCE ,SOCIAL sciences - Abstract
The authors employed a structured interview to ascertain public defenders' perceptions of their clients' competence and the degree of their participation in the defense. In a sample of 122 randomly selected, non-dismissed felony cases, attorneys had doubts about the competence of 14.8 percent (n=18) of their clients. Attorneys reported that clients whose competence was doubted were less involved in decision making and, overall, were passive participants in their cases. Nearly one-half of these clients were not referred for assessment by a mental health professional. The authors compare the practices of attorneys faced with clients of suspected competence with those of mental health clinicians treating patients with impairments in decision-making capacity. [ABSTRACT FROM AUTHOR]
- Published
- 1992
- Full Text
- View/download PDF
35. Outcome of hospitalization for defendants found incompetent to stand trial.
- Author
-
Nicholson, Robert A., McNully, Johm L., Nicholson, R A, and McNulty, J L
- Subjects
HOSPITAL care ,CRIMINAL defense ,DUE process of law ,JURISPRUDENCE ,SOCIAL psychiatry ,SOCIAL sciences - Abstract
This study assessed the outcome of hospitalization for incompetent criminal defendants admitted to the forensic unit of a state hospital for treatment during a 4-year period. Findings suggested that the overwhelming majority of the defendants were restored to competency. The defendants also showed significant improvement in overall severity of psychopathology during hospitalization. Further, the duration of hospitalization for these defendants was relatively short. Although these results are promising with regard to treatment of incompetent defendants, predicting the outcome of hospitalization for these defendants was problematic. Prediction of competency restoration was precluded because persistent incompetence was so infrequent. Moreover, multiple regression analyses suggested limited predictive ability with regard to defendants' discharge level of functioning or length of hospitalization. These findings are consistent with the view that examiners should exercise caution in making recommendations to the courts concerning treatability of incompetent defendants. [ABSTRACT FROM AUTHOR]
- Published
- 1992
- Full Text
- View/download PDF
36. Five-Year Research Update (1986-1990): Evaluations for Competence to Stand Trial.
- Author
-
Grisso, Thomas
- Subjects
CRIMINAL procedure ,LEGAL procedure ,DUE process of law ,JURISPRUDENCE ,SOCIAL sciences ,HUMAN behavior - Abstract
This article reviews and evaluates publications during 1986–1990 with relevance for assessments of competence to stand trial. The review focuses specifically on articles that provide new concepts or data supported by research or case studies. The studies are reviewed under the following headings; (a) the systemic context of competence to stand trial (CST) evaluations, (b) conceptual definitions of competence and models for CST assessment, (c) research on CST assessment methods, (d) characteristics of incompetent defendants, (e) interpretation of CST evaluation data, (f) issues in CST assessment of special populations, and (g) treatment to restore competence. Suggestions are offered for further research to advance the quality of clinical evaluations for competence to stand trial. [ABSTRACT FROM AUTHOR]
- Published
- 1992
- Full Text
- View/download PDF
37. The Competence of Criminal Defendants: A Theoretical Reformulation.
- Author
-
Bonnie, Richard J.
- Subjects
CRIMINAL procedure ,CRIMINAL defense ,DEFENSE mechanisms (Psychology) ,JURISPRUDENCE ,SOCIAL sciences ,HUMAN behavior - Abstract
“Competence” of criminal defendants is best viewed not as an open-textured single construct but rather as two related but separable constructs-a foundational concept of competence to assist counsel, and a contextualized concept of decisional competence. This approach has several advantages. First, it provides a useful explanatory framework for the settled features of existing law. Second, it helps to clarify the issues in areas where the law is unsettled or controversial, such as the circumstances under which incompetence bars adjudication and the abilities required for decisional competence. Third, it exposes the similarities between competencies in criminal defense and competencies in other legal contexts, and thereby helps to link what have been discrete literatures in both law and behavioral science. Fourth, because this approach is derived from a theoretical analysis of the purposes of the pertinent legal rules, it provides a framework for defining the “psycho-legal abilities” that are encompassed by each of the two competence constructs. In this respect, a relatively simple reconceptualization has surprisingly concrete implications for designing a program of empirical research and, eventually, for improving the scientific basis of competence assessments in criminal cases. [ABSTRACT FROM AUTHOR]
- Published
- 1992
- Full Text
- View/download PDF
38. Competency to be Executed: A Therapeutic Jurisprudence Perspective.
- Author
-
Winick, Bruce J.
- Subjects
CRIMINAL procedure ,CAPITAL punishment ,DUE process of law ,JURISPRUDENCE ,CRIMINAL defense ,SOCIAL sciences - Abstract
This Article analyzes the concept of competency to be executed. It examines the Supreme Court's 1986 decision in Ford v. Wainwright, discussing both its Eighth Amendment and procedural due process determinations. It then considers the standard that should be applied in determining competency in this context and the procedures that the states should utilize to insure a fair determination consistent with due process. The article then considers the perplexing problem of whether an incompetent death row prisoner may assert a constitutional or statutory right to refuse treatment designed to restore him to competency for execution, examining both the constitutional and therapeutic implications of involuntary treatment in this context. [ABSTRACT FROM AUTHOR]
- Published
- 1992
- Full Text
- View/download PDF
39. Expert Testimony in Pornography Trials: A Role for the Social Scientist.
- Author
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Schell, Bernadette H. and Bigelow, Brian
- Subjects
PORNOGRAPHY ,EXPERT evidence ,WITNESSES ,LEGAL evidence ,SOCIAL sciences ,OBSCENITY (Law) - Abstract
This article attempts to clarify the concepts of law, pornography, and the special role of the expert witness in pornography. Different conceptual frameworks taken by experts in this filed are addressed, as are the shortcomings of various approaches. Finally, the critical role of ethics in giving expert witness testimony in pornography is discussed. expert evidence, expert [ABSTRACT FROM AUTHOR]
- Published
- 1990
- Full Text
- View/download PDF
40. Training in Law and Behavioral Sciences: Issues from the Criminal Justice Perspective.
- Author
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Wallace, Donald H.
- Subjects
TRAINING ,SOCIAL sciences ,LAW ,CRIMINAL justice system ,CRIMINAL law ,CURRICULUM - Abstract
Interdisciplinary training in behavioral sciences and the law should be appropriate for a criminal justice education program. However, adopting such an interdisciplinary goal is problematic because the divisions in the types of educational curricula need to be confronted. The relationships of the criminal justice academic community with the profession, and of the behavioral sciences with present criminal justice policies, must also be addressed in the attempt to develop familiarity with behavioral sciences and their legal relevance in shaping the criminal justice system. These factors may hinder extensive implementation of such training. Suggestions are made for incorporating this training in a criminal justice curriculum. [ABSTRACT FROM AUTHOR]
- Published
- 1990
- Full Text
- View/download PDF
41. Training and Career Options in Psychology and Law.
- Author
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Tomkins, Alan J. and Ogloff, James R. P.
- Subjects
CAREER development ,TRAINING ,PSYCHOLOGY ,LAW ,SOCIAL sciences - Abstract
This article examines various training and career options in psychology and law. Data are discussed from a survey of universities which offer psycholegal training. Psycho-legal training programs in the US and Canada are identified. We also discuss policy and research careers for persons jointly trained in psychology and law. [ABSTRACT FROM AUTHOR]
- Published
- 1990
- Full Text
- View/download PDF
42. Relationships between the U.S. Secret Service and the Behavioral and Social Sciences.
- Author
-
Carney, Caren M. and Baker, Kenneth P.
- Subjects
COMMERCIAL crimes ,PSYCHOLOGY ,SOCIAL sciences ,LAW enforcement ,SECRET police ,CRIMINAL psychology ,HISTORY - Abstract
The United States Secret Service is a federal law enforcement agency of the U.S. Department of the Treasury. The Secret Service investigates crimes related to U.S. currency, credit cared fraud, forgery of government obligations, and other related violations. However, the Secret Service is perhaps best known for its protective and investigative responsibilities involving the President and Vice President of the United States, members of their immediate families, and visiting foreign dignitaries. During the past 22 years, concern for protective responsibilities has provoked occasional and sometimes fruitful dialogue between the Secret Service and members of the professional behavioral and social sciences communities. this article describes the evolution and future possibilities of that relationship by providing: (a) a brief history and overview of the Secret Service, focusing on its protective and investigative responsibilities, (b) an analysis of the recent contributions of the behavioral and social sciences to the Secret Services, and (c) an assessment of current and future directions to be taken in the professional behavioral sciences intramural and extramural research programs recently established by the Secret Service. [ABSTRACT FROM AUTHOR]
- Published
- 1986
- Full Text
- View/download PDF
43. Tarasoff v. Confidentiality.
- Author
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Beigler, Jerome S.
- Subjects
HEALTH ,MENTAL health ,PSYCHIATRY ,MEDICAL laws ,PSYCHOLOGY ,SOCIAL sciences - Abstract
The Tarasoff decision is discussed as a logical extension of evolving legal doctrine imposing a special duty on caretakers. The mental health professions are being held to a standard of negligence and perhaps even to a standard of strict liability. Tarasoff is viewed as a part of society's interest in using the information disclosed in confidential relationships as a means of social control. This in tum is seen as part of a disquieting trend to curtail First Amendment rights. The adversarial nature of the relationship between the 1974 Tarasoff decision and the constitutional rights of patients to privacy, confidentiality, and privilege is discussed. The author re-asserts: "As asepsis is to surgery, so is confidentiality to psychiatry" (Beigler, 1978, p. 255). [ABSTRACT FROM AUTHOR]
- Published
- 1984
- Full Text
- View/download PDF
44. The Prediction of Violent Behavior and the Duty to Protect Third Parties.
- Author
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Wettstein, Robert M.
- Subjects
THIRD parties (Law) ,DISPUTE resolution ,JUSTICE administration ,MEDICAL laws ,PSYCHOLOGY ,SOCIAL sciences - Abstract
A considerable theoretical, empirical, and clinical literature has accumulated on the prediction of dangerous and violent behavior. Despite the pleas of mental health professionals that the prediction of violent behavior is not clinically feasible, courts upholding a therapist's duty to protect third parties have created a legal duty to do so. The first generation of research studies of the clinical prediction of violent behavior focused on long-term predictions in offender populations, of little direct relevance to the setting of outpatient therapy with nonoffenders. More recent clinical research has centered on predictions of imminent violence in noncriminal populations, particularly in the process of involuntary hospitalization, but this reveals relatively low levels of predictive accuracy. Methodologic and ethical factors also limit the generalizability of such work. Given the likelihood that significant numbers of false positive predictions will result, especially in the low base rate population of outpatient treatment, it is suggested that therapists attempt to minimize the antitherapeutic influence of any breach of confidentiality. [ABSTRACT FROM AUTHOR]
- Published
- 1984
- Full Text
- View/download PDF
45. The Predictive Value of the Triad for Sex Offenders.
- Author
-
Prentky, Robert A. and Carter, Daniel L.
- Subjects
SEX offenders ,CRIMINALS ,PSYCHOLOGY ,VIOLENT crimes ,SOCIAL sciences - Abstract
This study examined the predictive value of the triad (enuresis, firesetting, cruelty to animals) in a group of incarcerated sex offenders. The most salient positive finding in this investigation was the association between one or more components of the triad and a highly abusive home environment. There was no compelling evidence to support the prognostic value of the triad of behaviors for predicting adult criminal outcome. The triad appeared to be primarily a maladaptive response to the turmoil and abuse in the home prior to and during adolescence. Finally, it is noteworthy that this study revealed a much lower frequency of triad behaviors than has been reported in the literature. [ABSTRACT FROM AUTHOR]
- Published
- 1984
- Full Text
- View/download PDF
46. The Anatomy of a Hostage Situation.
- Author
-
Wesselius, Cassie L. and DeSarno, James V.
- Subjects
HOSTAGES ,EMOTIONS ,SOCIOLOGY ,PSYCHOLOGY ,HOSTAGE negotiations ,INTERPERSONAL relations ,BASIC needs ,MOTIVATION (Psychology) ,EXPRESSIVE behavior ,SOCIAL sciences - Abstract
The authors have attempted to exemplify the social-psychological interplay between hostage and hostage taker and to dissect the impact of this type of event by focusing on one hostage-taking incident. The event described it representative of many incidents in which the hostage taker acts alone, without a supporting organization, and is primarily motivated by expressive needs. The hostages suffered many common emotions and symptoms. Each hostage also suffered in an individual way, determined in part by preceding events and dynamics and in part by the roles they assumed within the hostage situation. The more common Hostage Response Syndrome included the overt appearance of the Stockholm Syndrome in only one of the hostages. [ABSTRACT FROM AUTHOR]
- Published
- 1983
- Full Text
- View/download PDF
47. COERCION: THEORETICAL AND EMPIRICAL UNDERSTANDING.
- Author
-
Lidz, Charles W. and Hoge, Steven K.
- Subjects
THREAT (Psychology) ,FEAR ,SOCIAL sciences ,OPPRESSION ,PSYCHOLOGY ,DURESS (Law) ,MENTAL health services ,INTIMIDATION ,PATIENTS ,BEHAVIOR ,CONTROL (Psychology) - Abstract
Presents an overview of the articles published in the July 1993 issue of "Behavioral Sciences and the Law," Volume 11. Rise of interest in coercion in mental health care; Investigation of patients' reports of coercion; Development of a conceptual framework.
- Published
- 1993
- Full Text
- View/download PDF
48. Presidential Assassination.
- Author
-
Cavanaugh Jr., James L. and Rogers, Richard
- Subjects
SOCIAL sciences ,GOVERNMENT agencies ,SUICIDAL behavior ,PSYCHOTHERAPISTS ,PSYCHOTHERAPY patients - Abstract
This article presents an introduction to April 1984 issue of "Behavioral Sciences and the Law." The editors and editorial board express their appreciation to Dr. Walter Menninger, of the Menninger Foundation. Dr. Menninger is uniquely qualified because of his long-standing involvement with numerous governmental agencies and with public psychiatric issues across a broad range of problems related to the behavioral sciences. This issue also contains a "Special Perspective" provided by Diane Kjervik. This is an informative clincial/legal discussion for psychotherapists which deal with suicidal patients.
- Published
- 1984
- Full Text
- View/download PDF
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