Competency to be executed: A therapeutic jurisprudence perspective

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.     

Experience with Euthanasia is Associated with Fearlessness about Death in Veterinary Students

Veterinarians have an increased risk for suicide compared with the general population, yet there is little consensus regarding why this might be. We hypothesized that veterinarians become relatively fearless about death due to their repeated exposure to euthanasia. Accordingly, we predicted that there would be a positive relationship between experience with euthanasia and fearlessness about death, due to emotional habituation to the process of euthanasia. In a sample of 130 veterinary students, results conformed to expectation and indicated that the relationship with fearlessness about death was specific to euthanasia and did not generalize to experience with surgery or necropsy.     

AN ALGORITHMIC INFORMATION THEORY CHALLENGE TO INTELLIGENT DESIGN

William Dembski claims to have established a decision process to determine when highly unlikely events observed in the natural world are due to Intelligent Design. This article argues that, as no implementable randomness test is superior to a universal Martin‐Löf test, this test should be used to replace Dembski's decision process. Furthermore, Dembski's decision process is flawed, as natural explanations are eliminated before chance. Dembski also introduces a fourth law of thermodynamics, his “law of conservation of information,” to argue that information cannot increase by natural processes. However, this article, using algorithmic information theory, shows that this law is no more than the second law of thermodynamics. The article concludes that any discussions on the possibilities of design interventions in nature should be articulated in terms of the algorithmic information theory approach to randomness and its robust decision process.     

Straightness as a cue for luminance edge interpretation

In order to determine the reflectance of a surface, it is necessary to discount luminance changes produced by illumination variation, a process that requires the visual system to respond differently to luminance changes that are due to illumination and reflectance. It is known that various cues can be used in this process. By measuring the strength of lightness illusions, we find evidence that straightness is, used as a cue: When a boundary is straight rather than curved, it has a greater tendency to be discounted, as if it were an illumination edge. The strongest illusions occur when a boundary has high contrast and has multiple X-junctions that preserve a consistent contrast ratio.     

Dishabituation in Aplysia can involve either reversal of habituation or superimposed sensitization

Dishabituation has been thought to be due either to reversal of the process of habituation or to a second process equivalent to sensitization superimposed on habituation. One way to address this question is by testing whether dishabituation and sensitization can be dissociated. Previous studies using this approach in Aplysia have come to different conclusions about the nature of dishabituation, perhaps because those studies differed in many respects, including (1) whether they also observed transient behavioral inhibition, and (2) whether they used test stimuli that activated the LE siphon sensory neurons or as yet unidentified sensory neurons. To attempt to resolve the apparent contradictions between the previous studies, we have explored the importance of these two factors by performing a parametric study of dishabituation and sensitization of gill withdrawal in a simplified preparation that does not exhibit transient behavioral inhibition, using two different test stimuli that are known to activate the LE (Touch) or unidentified (Not Touch) sensory neurons. We find that dishabituation and sensitization in this preparation have similar time courses and generally similar functions of shock intensity. However, under one condition, with the Not Touch stimulus 2.5 min after the shock, dishabituation has a reverse effect of shock intensity. Additional analyses suggest that dishabituation with the Not Touch stimulus 2.5 min after the shock is due to reversal of habituation, whereas 12.5 min after the shock, dishabituation is due to superimposed sensitization. These results thus suggest that dishabituation may involve either process in the same preparation, and begin to define the conditions that favor one or the other.     

Changing mental health law: Butting heads with a billygoat

This research examines the implementation of the Davis v. Hubbard (1980) decision which granted patients at Lima State Hospital in Ohio a qualified right to refuse psychotropic medication. The issues identified by the court are addressed including informed consent, emergency administration of medication, and due process procedures. The data include a content analysis of all due process hearing records during the first 24 months of the court order which include the patient objections, staff justifications for forcing medication, and the decisions. Also included are face-to-face interviews with 92 patients. It is concluded that most decisions do not meet the criteria set by the court for forced medications, and that the patients perceived the procedures to be unfair.     

Right of active duty military personnel to refuse psychiatric treatment

Under Federal Court precedents, mentally ill patients have a qualified right to refuse treatment. The amount of due process that may be required to override treatment refusals by active duty military patients is discussed. Due process for these individuals need not be judicial, since medical review satisfies federal requirements. Involuntary administration of medication to active duty military personnel is justified in some circumstances. Specific criteria for overriding treatment refusals are suggested. A sample protocol for overriding the treatment refusals of active duty personnel is offered.     

Hindsight bias: a by-product of knowledge updating?

With the benefit of feedback about the outcome of an event, people's recalled judgments are typically closer to the outcome of the event than their original judgments were. It has been suggested that this hindsight bias may be due to a reconstruction process of the prior judgment. A model of such a process is proposed that assumes that knowledge is updated after feedback and that reconstruction is based on the updated knowledge. Consistent with the model's predictions, the results of 2 studies show that knowledge after feedback is systematically shifted toward feedback, and that assisting retrieval of the knowledge prior to feedback reduces hindsight bias. In addition, the model accounts for about 75% of cases in which either hindsight bias or reversed hindsight bias occurred. The authors conclude that hindsight bias can be understood as a by-product of an adaptive process, namely the updating of knowledge after feedback.     

Resistance to a dynamic world view

The fact that people think is taken for granted. How we go about the thinking process is seldom reflected upon by the individual. In order to be able to grasp complex phenomena, and changing and interdependent relationships students participating in a systems course are required to become aware of their way of performing the thinking process. In discussions with them and based on ‘soft analysis’ it seems that there is resistance to a dynamic, multilevelled thinking process due to habits acquired at school, or perhaps even at an earlier age. The personality structure, and a coherent experience of a complete ‘self’ seems to enhance mental mobility, and the possibility of developing a dynamic world view.     

Control processes in voluntary and explicitly cued task switching

Explicitly cued task switching slows performance relative to performing the same task on consecutive trials. This effect appears to be due partly to more efficient encoding of the task cue when the same cue is used on consecutive trials and partly to an additional task-switching process. These components were examined by comparing explicitly cued and voluntary task switching groups, with external cues presented to both groups. Cue-switch effects varied in predictable ways to dissociate explicitly cued and voluntary task switching, whereas task-switch effects had similar characteristics for both instructional groups. The data were well fitted by a mathematical model of task switching that included a cue-encoding mechanism (whereby cue repetition improves performance) and an additional process that was invoked on task-switch trials. Analyses of response-time distributions suggest that this additional process involves task-set reconfiguration that may or may not be engaged before the target stimulus is presented.     

Recruitment modeling applied to longitudinal studies of group differences in intelligence

In longitudinal studies data is collected in a series of waves. Each wave after the first suffers from attrition. Therefore it can be difficult to discriminate between changes in sample parameters due to a longitudinal process (e.g. ageing) and changes due to attrition. The problem is particularly vexing if one of the purposes is to compare differences between two or more groups over time, because there may be differential attrition across groups. We refer to this as a recruitment problem, because the sample studied in any wave after the first can be thought of as having been recruited from a preceding wave. We present a mathematical model of the recruitment process. We then apply it to two large longitudinal studies, the British Cohort Survey 1970 and the National Child Development Study (1958), to demonstrate how we can identify effects expected from recruitment alone. As an illustration we show that differential recruitment would predict increasing differences between estimates of men's and women's intelligence as the studied sample ages.     

Does attitude acquisition in evaluative conditioning without explicit CS-US memory reflect implicit misattribution of affect?

Research that dissociates different types of processes within a given task using a processing tree approach suggests that attitudes may be acquired through evaluative conditioning in the absence of explicit encoding of CS-US pairings in memory. This research distinguishes explicit memory for the CS-US pairings from CS-liking acquired without encoding of CS-US pairs in explicit memory. It has been suggested that the latter effect may be due to an implicit misattribution process that is assumed to operate when US evocativeness is low. In the present research, the latter assumption was supported neither by two high-powered experiments nor by complementary meta-analytic evidence, whereas evocativeness exerted an influence on explicit memory. This pattern of findings is inconsistent with the view that CS-liking acquired without encoding of CS-US pairs in explicit memory reflects an implicit misattribution process at learning. Hence, the underlying learning process is awaiting further empirical scrutiny.     

A cautionary note on modeling growth trends in longitudinal data

Random coefficient and latent growth curve modeling are currently the dominant approaches to the analysis of longitudinal data in psychology. The application of these models to longitudinal data assumes that the data-generating mechanism behind the psychological process under investigation contains only a deterministic trend. However, if a process, at least partially, contains a stochastic trend, then random coefficient regression results are likely to be spurious. This problem is demonstrated via a data example, previous research on simple regression models, and Monte Carlo simulations. A data analytic strategy is proposed to help researchers avoid making inaccurate inferences when observed trends may be due to stochastic processes.     

Role of psychocultural factors in the adjustment of Soviet Jewish refugees: Applying Kleinian theory of mourning

The purpose of this paper is to show how failures of adjustment of Soviet refugees to America are to a great degree determined by their difficulties in mourning. The author argues that due to such difficulties, Soviet refugees may get fixated sometimes for long periods of time at different stages of the mourning process. Such fixations may be the causes for peculiar types of behavior, frequently exhibited by these refugees in America and attributed by various authors to their psychocultural characteristics. Melanie Klein's analysis of mourning and its relationship to manic depressive states is applied to understand the mourning process in this population. The author shows that difficulties in the mourning process experienced by Soviet refugees may be connected with the culturally acquired inhibitions of mourning. Such inhibitions are analyzed from a family, historical and cultural perspective.     

The Virtues of Feminist Empiricism

Despite the emergence of new forms of feminist empiricism, there continues to be resistance to the idea that feminist political commitment can be integral to hypothesis testing in science when that process adheres strictly to empiricist norms and is grounded in a realist conception of objectivity. I explore the virtues of such feminist empiricism, arguing that the resistance is, in large part, due to the lingering effects of positivism.     

Selective attribution and the judgment of causality

Four experiments used a video game procedure to investigate the mechanism by which people are sensitive to the degree of contingency between two events. Subjects were presented with sets of trials on each of which they could perform a particular action and observe whether the action produced a particular outcome in a situation in which there was an alternative potential cause of the outcome. The experiments attempted to show that the process of selective attribution operates during exposure to a particular contingency and mediates the contingency judgment. In Experiment 1 the impact of outcomes occurring in the absence of the action was reduced by changing the location at which outcomes occurred following the action. Experiment 2 replicated this effect and showed that it was not due to simple changes in temporal contiguity, but rather was due to affecting the process of selective attribution. In Experiment 3 judgments were shown to increase when outcomes occurring in the absence of the action, outcomes which otherwise would reduce judgments of action-outcome contingency, were signaled. Finally, in Experiment 4 this effect was replicated, and in addition it was shown that the signaling effect is not simply due to the presence of the signal. For the effect to be shown, the signal must occur when the outcome occurs in the absence of the action.     

CAN A DECAY PROCESS EXPLAIN THE TIMING OF CONDITIONED RESPONSES?

To explain time-scale invariant distributions of response latencies, it appears to be necessary to postulate scalar noise in the remembered intervals, against which the subjective measure of the currently elapsing interval is compared. At least in some cases, the observed variability cannot be due to variability in the subjective intervals written to memory; it must come from noise (variability) in the reading of a memory. The Staddon and Higa proposal offers no explanation for the observed variability, and it is unclear what noise assumption would yield the observed variability, given their assumption that intervals are timed by a nonlinear decay process. The decay process cannot plausibly be represented by the logarithmic function, because it begins and ends at infinity. The assumption of any form of nonlinear timing is inconsistent with the most important result of the time-left experiment, which is that the changeover time increases linearly with the comparison-standard difference.     

Partial report: iconic store or two buffers?

Selective recall of a subset of letters from a multiletter array declines systematically with increases in the delay of the partial report cue. The issues addressed were (a) whether such a decline is due to progressive loss of location information or to systematic loss of features and (b) whether partial report is the result of a select-then-identify or an identify-then-select process. Instructing the subjects to guess or not to guess had an effect of intra-array, displacement, and extra-array errors. Emphasizing on recall location affected both intra- and extra-array errors. The interstimulus interval manipulation had an effect on extra-array errors as well as on intra-array errors. These observations are contrary to the suggestions that intra-array errors are due to loss of location information and that extra-array errors are indicative of a joint effect on misidentification due to chance and the ratio of extra-array errors to intra-array errors. Some other results are difficult for a dual-buffer model but can readily be accounted for by the orthodox view of the iconic store.     

Enumeration versus multiple object tracking: the case of action video game players

Here, we demonstrate that action video game play enhances subjects' ability in two tasks thought to indicate the number of items that can be apprehended. Using an enumeration task, in which participants have to determine the number of quickly flashed squares, accuracy measures showed a near ceiling performance for low numerosities and a sharp drop in performance once a critical number of squares was reached. Importantly, this critical number was higher by about two items in video game players (VGPs) than in non-video game players (NVGPs). A following control study indicated that this improvement was not due to an enhanced ability to instantly apprehend the numerosity of the display, a process known as subitizing, but rather due to an enhancement in the slower more serial process of counting. To confirm that video game play facilitates the processing of multiple objects at once, we compared VGPs and NVGPs on the multiple object tracking task (MOT), which requires the allocation of attention to several items over time. VGPs were able to successfully track approximately two more items than NVGPs. Furthermore, NVGPs trained on an action video game established the causal effect of game playing in the enhanced performance on the two tasks. Together, these studies confirm the view that playing action video games enhances the number of objects that can be apprehended and suggest that this enhancement is mediated by changes in visual short-term memory skills.