Zur Aussagekraft von Neuroimaging-Befunden im Strafprozess

Over the last 30 years the forensic use of brain scanning technology in court has increased considerably. In the U.S. about two thirds of opinions involving positron emission tomography/single photon emission computed tomography (PET/SPECT) evidence are ruled admissible in court and often have a decisive impact on judges and juries. Undoubtedly, the impressive progress in modern functional imaging techniques has improved the differentiated knowledge on the neural basis of discrete aspects of crime-related cognition and behavior. However, there are several general issues which make it difficult to draw individual deductions concerning behavioral patterns from functional imaging results. By analyzing cases from the courtroom, the question will be addressed as to how far neuroimaging-based expert opinions are really supported by concrete findings in neurobiological research.     

Zur Qualit?t forensischer Gutachten aus strafrechtlicher Sicht

The paper describes the requirements, both regulatory and developed by court decisions that have to be fulfilled by expert witnesses in criminal cases. It emphasizes the borderline between (psycho) science and law, names sources of mistakes made by experts and the reasons and shows some results caused by bad expertise. A much better basic and advanced training of experts is demanded for experts as well as for judges, prosecutors and prison officers and calls for a new culture for a mutual exchange of dialogue.     

Évaluer le discernement : une perspective biopsychosociale

Article 388-1 of the French Civil Code states that “in any proceedings concerning him, a minor capable of discernment may be heard by the judge”. Family court judges have the task of assessing the minor's capacity of discernment by having neither a definition of discernment nor a method of evaluation and by being ordered not to use the age criterion. Following a review of the literature, we propose a sketch presenting the components of discernment and the biopsychosocial factors that can affect the discernment of an expressed choice/opinion. The objective of this research is to compare the representation of judges’ discernment in family cases with this sketch. Thirty-two family judges participated in this study. The results show a partial representation of judgment among the judges surveyed, with some factors being under-represented and others never mentioned. The theoretical and practical implications of this research will be discussed.     

Apolitical courts? Rape sentencing in Montana

This analysis examines dockets of the state courts of Montana for the years 1987-1989 in rape cases to determine whether sentencing decisions are significantly related to three political variables: the percentage of women in county executive office as a measure of a relevant judicial constituency, the extent to which the county in which a court is located is Democratic, and whether the judge who enters a decision was appointed or elected. The analysis suggests that two legally relevant facts—the crime rate and multiple charges against a defendant—are significantly related to outcome. Political factors do not appear to influence state court sentencing decisions in rape cases since: (1) sentencing decisions in rape cases are not ‘major’, publicized issues; (2) the selection of state court judges (appointed and elected) is nonpartisan; and (3) interest groups were not involved in rape sentencing cases.     

Content Analysis in Mass Communication: Assessment and Reporting of Intercoder Reliability

As a method specifically intended for the study of messages, content analysis is fundamental to mass communication research. Intercoder reliability, more specifically termed intercoder agreement, is a measure of the extent to which independent judges make the same coding decisions in evaluating the characteristics of messages, and is at the heart of this method. Yet there are few standard and accessible guidelines available regarding the appropriate procedures to use to assess and report intercoder reliability, or software tools to calculate it. As a result, it seems likely that there is little consistency in how this critical element of content analysis is assessed and reported in published mass communication studies. Following a review of relevant concepts, indices, and tools, a content analysis of 200 studies utilizing content analysis published in the communication literature between 1994 and 1998 is used to characterize practices in the field. The results demonstrate that mass communication researchers often fail to assess (or at least report) intercoder reliability and often rely on percent agreement, an overly liberal index. Based on the review and these results, concrete guidelines are offered regarding procedures for assessment and reporting of this important aspect of content analysis.     

Usefulness of assessment techniques in assessing classification for emotional disturbance and generating classroom recommendations

A national survey of specialist school psychologists examined the perceived usefulness of assessment techniques in making decisions regarding eligibility for the educational classification of emotional disturbance and in generating classroom recommendations. Analysis showed measures rated as most useful were interviews with the parent, teacher, and student, observations of the student, and norm-referenced rating scales. Projective techniques were least useful. These findings are important in the context of "best practices" for the multidimensional assessment of emotional disturbance which promotes a more direct link between assessment and intervention.     

PERFORMANCE APPRAISAL AND TERMINATIONS: A REVIEW OF COURT DECISIONS SINCE BRITO V. ZIA WITH IMPLICATIONS FOR PERSONNEL PRACTICES

Court cases since the classic Brito v. Zia (1973) decision dealing with terminations based on subjective performance appraisals are reviewed. Professional interpretations of Brito v. Zia are also examined and criticized in light of professional practice and subsequent court decisions. Major themes and issues are distilled from the review of cases, and implications and recommendations for personnel practices were discussed.     

Examining Parental Alienation in Child Custody Cases: A Survey of Mental Health and Legal Professionals

An Internet survey was conducted to examine the views of mental health and legal professionals about parental alienation (PA) in child custody cases. Findings from 448 respondents revealed much awareness about the PA concept and controversies, along with the need for further research in the field. In general, respondents were cautious and conservative/moderate in their view of PA and very reluctant to support the concept of Parental Alienation Syndrome (PAS). Also, they did not view PAS as meeting admissibility standards. Respondents viewed domestic violence (DV) as an important issue to assess, although they did not usually find/suspect DV in such cases. Further, respondents varied according to professional role (evaluators, trial attorneys/judges, and court facilitators) on the relative importance attributed to various assessment factors. Moreover, evaluators' assessment procedures and the frequency of recommended interventions by trial attorneys/judges and evaluators closely paralleled those typically used in child custody cases. Results are compared to past literature in the field, with hopes of clarifying misconceptions.     

EXPLAINING U.S. COURTS OF APPEALS DECISIONS INVOLVING PERFORMANCE APPRAISAL: ACCURACY, FAIRNESS, AND VALIDATION

Accuracy and due process perspectives were used to extend policy-capturing research concerning employment discrimination case law. Two-hundred ninety-five usable U.S. Circuit Court decisions concerning performance appraisal were located from 1980–1995. In both chi-square and multivariate LOGIT analyses, decisions were explained by: use of job analysis, provision of written instructions, employee review of results, and agreement among raters. Contrary to hypotheses, appraisal frequency and type (traits vs. behaviors or results) were unrelated to judicial decision. Rater training approached significance in chi-square analysis. Of other variables checked (e.g., type of discrimination claim, statutory basis, class action status, year of decision, circuit court, type of organization, purpose of appraisal, evaluator race and sex), only circuit court approached significance. We conclude that issues relevant to fairness and due process were most salient to judicial decisions; issues pertaining to accuracy were important, yet validation was virtually ignored in this sample of cases.     

Exploratory factor analysis in transportation research: Current practices and recommendations

Exploratory factor analysis (EFA) is a widely used statistical method in traffic and transportation research, particularly for the development and validation of measurement instruments. This article critically examines current practices in conducting and reporting EFA in published transportation studies. One hundred and eighty papers published between 2016 and 2018 were examined, of which eighty-two were included in the present study after applying eligibility criteria. The review suggests that the quality of EFA reported in the field is routinely poor: (a) researchers fail to provide sufficient information to be able to adequately assess the appropriateness and quality of both the input data and the reported output; and (b) the decisions underlying the choices of EFA methods are not justified and rely mostly on procedures advised against, particularly the Little-Jiffy approach. In summary, a significant gap between current practice and experts' recommendations exists. We provide some guidelines that may help in conducting, reporting and reviewing EFA in transportation research.     

Normative Sample of the PEAK Relational Training System: Generalization Module with Comparison to Individuals with Autism

With the rising number of individuals diagnosed with autism and other developmental disabilities comes an increased need for effective assessment and treatment options. Previous research has indicated that applied behavior analytic techniques are among the most empirically supported and utilized treatments for this population; however, curriculum and assessment tools rooted in utilizing these techniques have very little empirical support for their reliability and validity. The current studies sought to assess the performance of both a normative sample and a sample with autism on one such assessment tool: The PEAK Generalization Module. Altogether, 183 typically developing children participated in study 1 and 84 children with a diagnosis of autism participated in study 2. The results indicated that the normative sample demonstrated a strong positive correlation between the PEAK Generalization Assessment and age, whereas the sample with autism demonstrated no significant relationship between the two. Further analysis indicates that the PEAK Generalization Assessment may be an appropriate tool for assessing individuals with autism across a wide range of ages, and provides a preliminary benchmark against which to measure both current functioning and progress in individuals with developmental disabilities.     

Policing and the Focal Concerns Framework: Exploring How its Core Components Apply to the Discretionary Enforcement Decisions of Police Officers

This study used a qualitative design to investigate police officer decision-making processes within the context of the focal concerns framework. A sample of 25 metropolitan police officers were interviewed to explore how the constructs of blameworthiness, protecting the community, and practical considerations manifest themselves in a policing context and how those considerations affect officers’ enforcement decisions. The results indicate that police officers share the same broad focal concerns as judges, but the way these concerns manifest themselves is sometimes different in a policing context as compared to a judicial sentencing context. The results, theoretical implications, and directions for future research are presented.     

Methodological practices in cognitive style research: Insights and recommendations from the field of business and psychology

This study provides insights and recommendations concerning methodological practices of cognitive style research applied to the field of business and psychology. Based on a carefully designed selection process, 139 style-related articles published between 1986 and 2010 were content-analysed. In terms of research design, we found the field to be dominated by quantitative, cross-sectional, and single-source designs that relied heavily on self-reports, sample surveys, and student samples. While this might indicate a potential vulnerability in terms of internal and external validity, a strong emphasis on construct validity was also found, exemplified by high attention to reliability, and exploratory and confirmatory factor analyses. With regard to construct measurement, although more than 30 different instruments were used, the field was dominated by three of these. Regarding data analysis, traditional approaches have been mainly used and more advanced and novel approaches have not yet permeated through the cognitive style field. Implications and suggestions for future research are offered. This is the first review of methodological practices in cognitive style research and represents an important step in the advancement of the field.     

Influential Factors in Artist's Lives and Themes in Their Artwork

ABSTRACT: The purpose of this study was to investigate the relations among influential factors in artists' lives, the process of creativity, and themes in the resulting artwork. Both qualitative and quantitative methods were used. In Phase I of the research, 6 contemporary artists identified themes, influences, feelings, thoughts, and representations about 5 pieces of their own art. They also completed a 50-item survey about influential factors. Two judges also were asked to identify themes, influences, feelings, thoughts, and representations in Phase 2 of the research. The judges relied on 30 slides depicting the work of the 6 artists. The same 50-item survey concerning influential factors was completed by each of the judges while examining the slides a 2nd time. Hypothesis 1, which predicted that artists would articulate the events, experiences, and memories that have influenced their lives, was supported. Hypothesis 2, which predicted that artists would be aware of the relations between influential factors in their lives and specific themes, images, expressions, and representations in their paintings, also was supported. Hypothesis 3, which predicted that potentially influential factors would be communicated in the themes, images, expressions, and representations in artists' paintings, and that objective viewers can identify them, was supported partially. The judges responded similarly to at least 2 of the 5 pieces of art for each participant. Hypothesis 4, which predicted that influential themes would be similar across all participants ' paintings, also was supported partially. One hundred percent agreement was found for the strongest influences (e.g., loss and culture) when the men and the women were evaluated separately.     

The role of the school psychologist in the inclusive education of school-age children with autism spectrum disorders

Two independent trends are impacting school psychologists with regard to their involvement in the education of students with autism spectrum disorders (ASDs): increasing prevalence estimates of ASDs and an emphasis on the inclusion of students with special needs in regular education classrooms. In light of these trends and growing awareness of the need for evidence-based practices in the field, school psychologists can expect to be involved in the educational programming of students with ASDs and should be knowledgeable about empirically supported strategies relevant to inclusive education of these children. The purpose of this review is to familiarize school psychologists with currently available intervention techniques by describing each strategy and outlining the degree of empirical support for each. Strategies for managing disruptive behaviors, promoting learning, and facilitating social integration are reviewed.     

Impact of Language on Behavior Assessment Outcomes

Conducting a functional analysis is the “gold standard” of behavior assessment with best practices recommending identification of idiosyncratic variables as essential to valid results. One potential variable that might impact assessment results is language of assessment. For individuals who operate in environments with multiple languages (e.g., English and Spanish), the language of assessment might differentially impact assessment results. Therefore, there is a need to evaluate if language of assessment affects identified function. The current study presents the results of 10 cases in which the experimenters conducted assessments (i.e., functional analysis) in both the Spanish and English language. Participants were nine children with autism who engaged in problem behavior and whose parents reported Spanish as the primary home language. Result indicates correspondence of function for eight of the ten cases. Discussion of results and recommendations for practice and future research are presented.

     

Nonconsensual withdrawal of nutrition and hydration in prolonged disorders of consciousness: authoritarianism and trustworthiness in medicine

The Royal College of Physicians of London published the 2013 national clinical guidelines on prolonged disorders of consciousness (PDOC) in vegetative and minimally conscious states. The guidelines acknowledge the rapidly advancing neuroscientific research and evolving therapeutic modalities in PDOC. However, the guidelines state that end-of-life decisions should be made for patients who do not improve with neurorehabilitation within a finite period, and they recommend withdrawal of clinically assisted nutrition and hydration (CANH). This withdrawal is deemed necessary because patients in PDOC can survive for years with continuation of CANH, even when a ceiling on medical care has been imposed, i.e., withholding new treatment such as cardiopulmonary resuscitation for acute life-threatening illness. The end-of-life care pathway is centered on a staged escalation of medications, including sedatives, opioids, barbiturates, and general anesthesia, concurrent with withdrawal of CANH. Agitation and distress may last from several days to weeks because of the slow dying process from starvation and dehydration. The potential problems of this end-of-life care pathway are similar to those of the Liverpool Care Pathway. After an independent review in 2013, the Department of Health discontinued the Liverpool Care pathway in England. The guidelines assert that clinicians, supported by court decisions, have become the final authority in nonconsensual withdrawal of CANH on the basis of “best interests” rationale. We posit that these guidelines lack high-quality evidence supporting: 1) treatment futility of CANH, 2) reliability of distress assessment from starvation and dehydration, 3) efficacy of pharmacologic control of this distress, and 4) proximate causation of death. Finally, we express concerns about the utilitarian-based assessment of what constitutes a person’s best interests. We are disturbed by the level and the role of medical authoritarianism institutionalized by these national guidelines when deciding on the worthiness of life in PDOC. We conclude that these guidelines are not only harmful to patients and families, but they represent the means of nonconsensual euthanasia. The latter would constitute a gross violation of the public’s trust in the integrity of the medical profession.     

Ethical and legal issues associated with using response-to-intervention to assess learning disabilities

The Individuals with Disabilities Education Improvement Act of 2004 allows schools to use a child's response to research-based intervention (RTI) as a part of procedures to identify students with learning disabilities. This paper considers whether RTI-based assessment models meet ethical and legal standards for acceptable assessment practices. Based on a review of available research, it was concluded that RTI-based assessment practices, when carefully crafted and implemented, have the potential to be multifaceted, fair, valid, and useful. Threats to acceptable RTI-based assessment practices include: the lack of research-based interventions appropriate for diverse academic domains, ethnic groups, grades K-12, and students with limited English proficiency; uncertainty regarding how to determine when nonresponse to intervention warrants formal referral for evaluation of special education eligibility; difficulty translating scientifically sound RTI practices to the local school level; and inadequate staff training and poor treatment fidelity. Suggested directions for future research are included.     

Jurors' Views on the Value and Objectivity of Mental Health Experts Testifying in Sexually Violent Predator Trials

Although psychologists and psychiatrists often testify in court, we know relatively little about the extent to which jurors value the testimony they hear from these experts. We surveyed 161 jurors who rendered opinions in 14 sex offender civil commitment trials after hearing testimony from psychologists and psychiatrists serving as expert witnesses. Most jurors reported that the experts they heard testify were honest, and they tended to attribute disagreements among experts to case complexity, as opposed to adversarial allegiance or bias. Most reported that hearing from the experts helped them make better decisions and that experts using risk assessment instruments could make more accurate predictions than those who did not. Jurors were, however, more skeptical about the ability of experts to accurately predict recidivism when they heard testimony from both prosecution and defense experts. Findings suggest that jurors value risk assessment testimony from experts, but that experts must think carefully about how to best make risk assessment instrument results accessible to jurors. Copyright © 2014 John Wiley & Sons, Ltd.