Extended School Year Services for Handicapped Children: Leadership Issues and Actions

This article addresses issues that leaders should consider when determining an exceptional child's need for extended school year services. An examination of the legal issues that emerged as a result of Pennsylvania's extended school year court cases is presented, and a broader range of educational issues that were not considered in the litigation is discussed. The authors take the position that decisions to implement extended school experiences for exceptional children should be based on educational determinants exceeding those presented in Armstrong vs. Kline and the more recent court cases. In addition, specific recommendations are made regarding policy development for extended school year programs serving exceptional children.     

Assessing Legal Strains and Risk of Suicide Using Archived Court Data

Relatively little is known about legal entanglements and suicide risk. This matched case–control study estimated the risk of suicide associated with legal strains using online court archives, a novel source of exposure data. Court records linked to suicide deaths (N = 315), controls (N = 630), and unintentional injury and poisoning deaths (N = 630) for an urban county from 2000 to 2005 revealed that nearly a third of suicide victims had recent court involvement, twice the proportion among controls. Misdemeanors, car accidents, and foreclosures were each associated with a threefold risk of suicide. Implications for suicide prevention and research are discussed.     

Legal and Social Issues Surrounding Closed-Circuit Television Testimony of Child Victims and Witnesses

Summary

Prosecution of crimes involving child victims and witnesses is particularly difficult because of the age of the children involved. Facing the alleged offender in court and the experience itself of testifying in an open court with dozens of onlookers are acutely difficult. The effect on children may be traumatic, with the potential to produce substantial psychological and emotional harm. Various court procedures have been implemented in the United States in an effort to minimize these effects. Court procedures can include erecting screens to shield the child victim or witness, presenting videotaped testimony, or testifying via one-way or two-way closed-circuit television. Closed-circuit television (CCTV) testimony, which is especially controversial, involves both legal issues surrounding the constitutionality of such testimony and social issues regarding the effectiveness of closed-circuit television testimony. Substantial variation across states in provisions for closed-circuit television testimony for child witnesses is problematic. Consideration is given to how social science research directly influenced the Supreme Court's decision in Maryland v. Craig(1990), and the current state of research regarding use of CCTV and court outcomes. Some research suggests a pro-defense bias when CCTV is used.     

Length of Time to Resolve Criminal Charges of Child Sexual Abuse: A Three-County Case Study

The present study sought to examine the court culture of three Oregon counties and their timelines for resolving felony child sexual abuse cases. Specifically, we examined (a) case outcomes, churning (i.e., the extent to which four court events were rescheduled), the length of time to reach a criminal case resolution, and how this length of time compared to that for felonies generally; (b) whether mandatory minimum sentences affected resolution timeliness; and (c) key stakeholders’ perceptions about their local court culture. Data included retrospective case-file abstraction (N = 532) on all felony child sex crimes for a 2-year period and interviews with legal professionals (N = 23). Across all three counties, a minority of child sexual abuse cases (18% to 47%) were resolved within the target timeframe of 4 months. In contrast, most felonies (65% to 77%) were resolved within this timeframe. The rescheduling of trials and the requirement of mandatory minimum sentences for some felony child sexual abuse crimes increased the time until case resolution. Results suggest that court cultures that are hierarchical and cooperative may lead to longer case resolution times than court cultures that are self-managing or autonomous. Implications of these results and other results are discussed. Copyright © 2015 John Wiley & Sons, Ltd.     

Suicide and the Standard of Care: Optimal vs. Acceptable

ABSTRACT: The accepted standard of care in the treatment of suicidal patients is discussed from the perspectives of the law, malpractice insurance claims, the mental health professions, and the ideal. A review of decisions of professional liability in suits for wrongful death provides guidelines for what the court considers to be adequate care. Out of court settlements further connote accepted standards of reasonable care. Although attention to potential malpractice issues is necessary and appropriate, what appear to result are an acceptance of minimal standards and the practice of defensive care. It is argued that by demanding more optimal standards the consequent quality of care not only serves the patient best but provides the best legal protection as well.     

Recent Court Decisions: A Quiz For APGA Members

Counselors must keep up with changing laws and court rulings. This article presents a short quiz for APGA members to test their current legal knowledge.     

Tarasoff and the Duty to Protect

Summary

The Tarasoff I and Tarasoff II cases were decided by the California Supreme Court in 1974 and 1976, respectively. These cases involved the murder of a young woman by her ex-boyfriend, who had been a patient at a University counseling center. The parents of the young woman sued, alleging negligence. Tarasoff I set forth a “duty to warn” on the part of psychotherapists. Upon rehearing in Tarasoff II, the decision was upheld but modified. The court ruled that when a therapist determines, or should have determined, that a patient presents a serious danger of violence to another, the therapist has a “duty to protect” that other person. In this article, we address subsequent cases that have arisen under the “duty to protect” doctrine, and analyze some of the legal issues that these cases have raised.     

The Failure of the Bona Fide Occupational Qualification in Cross‐Gender Prison Guard Cases: A Problem beyond Equal Employment Opportunity

Knowing the theory of gender that a court is using to understand and assess the issues in a case is vital to ensuring that women are afforded their full rights under the law. Unfortunately, courts often do not explicitly state what understanding of gender is informing their decisions. An exception is found in employment law: specifically, the bona fide occupational qualification (BFOQ) exception to Title VII of the Civil Rights Act, which allows employers to engage in sex‐based discrimination in those instances in which the sex of the employee is a reasonably necessary qualification for the job. In these cases, because the court must analyze how “manness” or “womanness” impacts one's qualification to hold certain kinds of employment, the court must articulate its understanding of gender. This paper examines two BFOQ cases in the cross‐gender prison guard context, those cases in which an individual of one sex seeks to guard inmates of the opposite sex. In these cases the courts created a theory of gender that posits men and women as different in kind. The theory developed in this line of cases is an attack on Title VII protections and a potential barrier to women's equality under the law.     

Legal Prosecution of Perpetrators of Sexual Assault:

This article, based upon the personal experiences of the author, explores the implications for the client, counselor, and client-counselor relationship when the client initiates legal action against a perpetrator of sexual assault. Understanding the legal system, testifying in court, and the psychological effects of the sexual assault as impacted by the legal process are examples of the issues raised in the article. Ethical issues relating to treatment are discussed. Recommendations for the counselor's self-care are also presented.     

MMPI-A forensic case studies: uses in documented court decisions

In this article, we describe 8 legal cases reporting the use of the MMPI-A (Butcher et al., 1992) that were identified by an exhaustive search of the Westlaw database. These case studies provide a unique perspective on the uses of the MMPI-A as reflected in documented court decisions. For each case, we first provide a brief discussion of the legal issue or standard of law addressed by the MMPI-A findings. We then provide an abstract of the facts of the case and the nature of the involvement of the MMPI-A. We conclude each case with a more general discussion of the psychological uses and limitations of the MMPI-A as applied to this specific legal issue or standard. Not only do these cases display a wide range of legal issues, but they also provide an excellent opportunity to discuss some important uses and limitations of MMPI-A assessment when used as a component in a forensic evaluation.     

A ray of light about frozen embryos.

The Tennessee Supreme Court's decision in Davis v. Davis, a case that raises the question of how to allocate frozen embryos in the event of divorce, addresses many of the legal issues posed by in vitro fertilization. The decision considers the interests of the progenitors as well as of the children who may result. For example, the court held that gamete providers' discretion regarding the disposition of embryos can be limited only when their decisions would harm the children who might be born. The court also made clear that efforts to seek genetic parenthood are protected only when accompanied by a desire to raise the resulting children, a conclusion that also affects other reproductive technologies. In addition to elaborating an analytic framework, the court set guidelines for resolving disputes when the couples had made no prior agreements, including holding that while the embryos are ex-utero the desire to avoid genetic parenthood almost always trumps the wish to become a parent. The well-reasoned analysis in Davis v. Davis should help shape legal and ethical discussion regarding the use of in vitro fertilization for many years to come.     

Benevolent Sexism in the Targeted Regulation of Abortion Providers (TRAP): A Case Study of Texas House Bill 2

Benevolent sexism takes a subjectively positive view of women in traditional gender roles, revering them as gentle, nurturing, and in need of protection by men. While studies show that people who express attitudes of benevolent sexism are willing to restrict women’s choices at an individual level, limited research exists on the impact of benevolent sexism in social policy. Using a single-case study method and benevolent sexism as a conceptual framework, I examined the introduction, passage, and legal defense of Texas House Bill 2 (TX HB2), a targeted regulation of abortion providers (TRAP) law. HB2 was passed by the Texas legislature in 2013 and ruled on by the U.S. Supreme Court in the 2016 case of Whole Woman’s Health et al. v. Hellerstedt. Primary source legislative and court documents were analyzed to explore whether and how benevolent sexism ideologies were reflected in the introduction, passage, and legal defense of HB2 as a TRAP law. Four themes emerged: The State has the Right to Protect Women, Women Need Protection from “Bad Players,” Women are Emotional, and Women are Mothers/Vessels. Results confirm that language consistent with benevolent sexism was used in the context of policy making to justify restricting women’s access to pre-viability abortion.

     

Residential mental health assessment within Dutch criminal cases: a discussion

In Dutch criminal cases in which doubts arise about the defendant's mental health, a forensic assessment will be requested. This is provided either by the multidisciplinary staff of residential clinics who conduct forensic evaluations for the court, or by mental health professionals contracted on a part-time basis by district courts. This article discusses the procedures applied in such cases as well as the relevant legal provisions. It focuses particularly on the clinical observation, evaluation, and reporting that is carried out over a number of weeks in the residential setting of the Pieter Baan Centrum. Specific attention is paid to procedures applied in this clinic. It is suggested that Dutch procedures for the use of mental health expertise can best be characterized by three aspects: multidisciplinary observation and reporting, the use of a sliding scale for indicating degree of responsibility, and, finally, the involvement and payment of experts by the state as such, rather than by the prosecution and/or the defense. Copyright © 2001 John Wiley & Sons, Ltd.     

Legal and Ethical Issues in the Court-Mandated Treatment of Batterers

Summary

In the following article, we will explore the nature of the therapeutic relationship as it relates to batterers' treatment programs. We will consider the impact of obligations created by forces outside the relationship, such as those imposed by legal proceedings. We will discuss the concepts of confidentiality, privilege, and agency and their impact on the therapeutic relationship and the extent to which the therapists' understanding of the role these concepts play may be altered by court orders that impose treatment on a client/patient. Finally, we examine the issues and choices a therapist must make when engaging in court-ordered treatment of batterers, and the implications of those choices for both therapist and client; we will also suggest guidelines to help therapists sort through the often conflicting goals of therapy and the legal process.     

Legal and ethical issues involved when counseling minors in nonschool settings

Many counselors in non-school settings will work with children at some time during their practice; therefore, it is essential that they understand the legal and ethical issues relevant to working with minors. Major court cases and legislation are presented, and 4 critical ethical issues--counselor competence, the client's rights to confidentiality and informed consent, and duties related to child abuse--are addressed. Suggestions for working ethically with minors in order to limit legal liability are presented.     

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.     

Evaluation of the Delayed Discovery Case

Summary

In this chapter, practicing lawyer Michael S. Morey guides the reader through the complex legal and non-legal issues involved in evaluating whether legal action should be pursued on behalf of an adult survivor of childhood sexual abuse. After analyzing how evaluation of sexual abuse cases differs from that in most other personal injury cases, he presents a model for non-suggestive yet thorough client interviewing and case evaluation to help both survivor and lawyer decide whether to pursue litigation. Viability of a case, determined by three critical legal issues, does not necessarily mean litigation ought to be pursued, and he explores how to make the initial interview a valuable resource to survivors, whether or not legal action is ultimately sought, with practical tips and a reproducible intake form.     

Religious Regulation and the Courts: The Judiciary's Changing Role in Protecting Minority Religions from Majoritarian Rule

Following the 1990 Smith v. Employment Division of Oregon ruling on the limits of religious freedom, many protested that the Supreme Court had opened the door for majoritarian oppression of minority rights. Using data collected on 2,109 court cases on religion from 1981–1996 we document recent trends in court decisions on religion and address questions posed by supply-side theory, legal scholars, and the sociology of law. We find that religious sects and cults were more likely to be involved in court cases and more likely to receive unfavorable rulings. Multivariate models confirm these finding and support the charges of legal scholars that the Smith decision has decreased the rate of rulings favoring religious groups. Finally, we find that the Smith decision had both a period effect and a case precedent effect.     

Legal Risk in Selection: An Analysis of Processes and Tools

Purpose

This paper reviews a decade of employment litigation to illuminate the most legally dangerous selection devices and employment practices.

Design/Methodology/Approach

A sample (n = 312) of court cases drawn from 10 years of Bloomberg BNA case briefs was analyzed to determine which selection tools (e.g., biographical information blank, interview, cognitive ability test, and psychomotor test) and which selection processes (e.g., violations of the four-fifths rule, administrative inconsistencies, lack of documentation, failure to provide accommodations) are most at risk for litigation for unfair employment practices.

Findings

Results demonstrate that while some selection tools do attract legal scrutiny, dangerous hiring practices such as favoritism against protected classes and improper human resource documentation put employers at far greater risk of suit. When considering cases settled outside of court and those that continued to trial, the data reveal that employers lose employment discrimination cases at a rate nearing 90 % and suffer an average payout of over $1.5 million per case.

Implications

Just as legal challenges once drove the search for selection tools free of adverse impact, the current legal landscape demonstrates the necessity of fair and consistent selection processes. This paper provides evidence of common mistakes in implementing selection systems—mistakes that lead to costly legal battles.

Originality/Value

This paper reduces cumbersome legal records into useful evidence of trends in recent employment law cases. Selection system designers and organizations who implement them will benefit from avoiding the risky hiring practices presented in this paper.     

State of the States: A survey of statutory law,regulations and court rules pertaining to guilty pleas across the United States

A psycholegal research agenda on guilty pleas is in its nascent stage. Multijurisdictional surveys of related law and policy may advance this research agenda by focusing investigators on the specifics of existing policies and motivating cross‐jurisdictional comparisons of diverse policies. We thus conducted a systematic, national survey of statutes, regulations and court rules across the United States pertaining to nine aspects of the guilty plea process, including sentencing differentials, collateral consequences and waiver of rights, which have been identified in existing legal and psycholegal research and commentary. Following a discussion of these issues, including legal concerns and existing research findings, we present the results of our systematic survey. We supplement this review with a non‐systematic sampling of appellate case law. Broadly, there was notable diversity in whether and how jurisdictions approached these issues. We discuss general and specific implications of our findings for future research, emphasizing the importance of data on actual policies and procedures to the design of studies that may contribute to evidence‐based criminal justice policy.