Legal issues raised in treating sex offenders

For the past 50 years the criminal justice system has distinguished sex offenders from other criminals. This has resulted in their differential treatment, with the goal being to eliminate their inappropriate behavior. This article discusses the history and status of mentally disordered sex offender (MDSO) statutes. A review of the legal issues which arise when treating a sex offender without statutory authorization is provided. A discussion of problems raised in treating the offender on both an inpatient and outpatient setting is presented. The article concludes with an analysis of the legal problems confronting the treatment provider in working with this group of individuals.     

Legal aspects of alcohol abuse in the navy

Alcohol abuse is antithetical to order and discipline in the military. Alcohol-related situations arise that range from inconsequential “drunken sailor” boisterousness to major scale imperiling of military missions with serious implications for readiness, safety, and security. The complex management of alcohol abuse and alcoholism in the Navy is detailed in this article, with special emphasis on legal considerations that span offenses from simple drunkenness to court martial level infractions of military and civilian criminal codes.     

Legal aspects of decision-enhancing technologies

As advances in computer-based systems (CBS) have continued, development problems can occur which can adversely affect systems developers and users of these technologies, especially those designed to improve or affect decision making. One major difficulty concerns the legal liability that can occur as a result of defective or flawed systems development efforts. This article discusses several types of decision-enhancing technologies and how problems associated with the adequacy of testing of system design and appropriateness of warnings and directions/instructions dealing with CBS could adversely affect CBS developers from a legal perspective. Several propositions and suggested research perspectives are also presented. He received his Ph.D. in computer information systems from Arizona State University. His research interests include the impact on organizations and individuals of information systems and the potential legal liability to systems developers brought about by defective computer-based systems. His research has appeared inMIS Quarterly, Information & Management, AI Expert, AI & Society, Educational andPsychological Measurement andInformation Resources Management Journal. Kathleen Mykytyn is a consultant and research specializing in the impact of information systems and technologies on individuals and organizations. Her research has been published inMIS Quarterly, AI & Society, AI Expert, andInformation & Management.     

Formal aspects of Legal reasoning

This paper discusses the functions of deductive justification in ideal reconstructions of judicial reasoning. It departs from the point of judicial reasoning: explaining and justifying the judicial decision. It argues that deductive validity is not enough for good judicial argument. On the other hand, deductive justification is necessary, not only for easy cases but for hard cases as well. It draws some consequences for the concept of jumps in legal reasoning and for the traditional distinction between internal and external justification.     

Legal aspects of traumatic cerebrovascular lesions

The paper opens with an account of what may be entailed in traumatic damage to cerebral vessels and cervical vessels, and its pathomechanism. There follows an account of two cases involving traumatic cerebral infarction and the resulting problems for the expert witness. Ascertainment of the relationship between external trauma and cerebral infarction depends on the nature and degree of the traumatic violence (precise trauma anamnesis), the reaction of the organism thereto, and the seriousness of previous complaints (arteriosclerosis, causes of cerebral embolism).     

Ethical and legal aspects in teaching students of medicine

Due to the rapid advances in medical technology, medical students are now being faced with increasingly complex and unparalleled ethical and practical dilemmas during their training. The new and future challenges of high-tech medicine demand improvements in current medical education, not only by meeting the needs of students through humanized training programs, but also by involving them in finding solutions to the ethical and legal quandaries they encounter. Today’s students of medical universities must acquire knowledge and understanding of the ethical and legal issues relevant to the practice of medicine, and we have to do everything possible to introduce these students to the current discussions on more or less controversial ethical and legal topics. Although final answers may not be found, the very discussion, argumentation, and awakening of students’ interest should become an essential part of the core curriculum of every doctor. An earlier version of this paper was presented at an international conference, “The Ethics of Intellectual Property Rights and Patents,” held in Warsaw, Poland on 23–24 April, 2004. The author is a student and member of the Senate Committee on Teaching.     

Neuroscience and nanotechnologies in Japan--beyond the hope and hype of converging technologies

Nanotechnologies are often said to be "converging" with other technologies like biotechnology, information technology, and cognitive science. And so-called "NBIC convergence" is thought to enable "enhancement" of human performance. First, I classify various kinds of enhancement. Second, I focus on the "cybernetic enhancement," to which nanotechnologies are supposed to contribute, and analyze the connection and integration of humans with machines, which could lead to the cyborgization of human beings. Third, I examine the portrayal of robot/cyborg technology in Japanese popular media, point out the tendency to empathy or ensoulment concerning robots/cyborgs, and raise the question of "ethical issues of ethical enhancement." Fourth, I compare nanotechnologies with neurotechnology and criticize the hype of "converging technologies."     

Behavioral problems in adolescents raised by their grandparents

This research analyzes, for the first time using a Spanish sample, the behavioral problems of adolescents in the custody of their grandparents. The sample consisted of 68 adolescents (31 boys and 37 girls, with a mean age of 13.7 years) in the custody of 54 grandparents with an average age of 65.9 years for the grandfathers, and 63.6 years for the grandmothers. The instrument employed was the Child Behavior Checklist (CBCL; Achenbach, 2001). The results indicate that the majority of both boys and girls can be classified within the normal range on scales of internal behavior, external behavior and total behavioral problems. When gender and age differences were analyzed, it was found that boys had more behavioral problems than girls on scales of incompliance with rules and external behavior. Meanwhile, it was shown that older adolescents had more somatic problems, as well as more behavioral problems, as measured by both the internal scale and total scale of the CBCL, than the younger participants.     

Conflict of interest in medicine in Lithuania: legal and ethical aspects

The current legal framework within the Lithuanian health system is described including a review of the physician’s autonomy, rights and duties, and patients’ rights including the right to reimbursement. The role of ethical codes and the law are discussed. An earlier version of this paper was presented at an International Conference on “Conflict of Interest and its Significance in Science and Medicine” held in Warsaw, Poland on 5–6 April, 2002.     

Caregiving stress and adjustment problems of Kenyan orphans raised by grandmothers

The present study compared levels of caregiving stress among 115 biological mothers and 134 grandmothers raising their orphaned grandchildren. The associations between parenting stress and adjustment difficulties exhibited by children raised by these two groups of caregivers were also assessed. Full‐time caregiving grandmothers reported elevated levels of stress more than did the biological mothers. A significant negative association was found between child maladjustment and caregiving stress. Caregivers' experienced stress was linked to advanced age and extensive, new adoptive roles now occupied by grandmothers. There was no evidence suggesting that these orphaned children were less well adjusted when compared to children still living with their own birth parents. Copyright © 2005 John Wiley & Sons, Ltd.     

Effects of fear and anger on perceived risks of terrorism: a national field experiment

The aftermath of September 11th highlights the need to understand how emotion affects citizens' responses to risk. It also provides an opportunity to test current theories of such effects. On the basis of appraisal-tendency theory, we predicted opposite effects for anger and fear on risk judgments and policy preferences. In a nationally representative sample of Americans (N = 973, ages 13–88), fear increased risk estimates and plans for precautionary measures; anger did the opposite. These patterns emerged with both experimentally induced emotions and naturally occurring ones. Males had less pessimistic risk estimates than did females, emotion differences explaining 60 to 80% of the gender difference. Emotions also predicted diverging public policy preferences. Discussion focuses on theoretical, methodological, and policy implications.     

Personality factors in the taking of criminal risks

The present study investigated the relationship between personality and Expectancy of Gain (Egn) and Likelihood of Action (L/A) in criminal situations. The latter variables were assessed by means of an inventory of hypothetical criminal-risk situations. Groups of offenders and non-offenders were tested; personality measures included the Eysenck Personality Questionnaire and Zuckerman's Sensation-Seeking Scale. Theoretical reasons for expecting these dimensions to be related to criminal risk-taking are presented. A clear relationship was found between P and Egn, high scorers viewing situations as less risky. In contrast, N was associated with increased risk perception. The results for L/A were less clear, although generally in the predicted direction. SS was unrelated to either risk variable.     

Killing by Autonomous Vehicles and the Legal Doctrine of Necessity

How should autonomous vehicles (aka self-driving cars) be programmed to behave in the event of an unavoidable accident in which the only choice open is one between causing different damages or losses to different objects or persons? This paper addresses this ethical question starting from the normative principles elaborated in the law to regulate difficult choices in other emergency scenarios. In particular, the paper offers a rational reconstruction of some major principles and norms embedded in the Anglo-American jurisprudence and case law on the “doctrine of necessity”; and assesses which, if any, of these principles and norms can be utilized to find reasonable guidelines for solving the ethical issue of the regulation of the programming of autonomous vehicles in emergency situations. The paper covers the following topics: the distinction between “justification” and “excuse”, the legal prohibition of intentional killing outside self-defence, the incommensurability of goods, and the legal constrains to the use of lethal force set by normative positions: obligations, responsibility, rights, and authority. For each of these principles and constrains the possible application to the programming of autonomous vehicles is discussed. Based on the analysis, some practical suggestions are offered.     

Early lexical development of children raised in institutional care in Russia

Children abandoned to institutions display a host of developmental delays, including those involving general cognition and language. The majority of published studies focus on children over 3 years of age; little is known about whether these delays may be detected earlier when children undergo rapid lexical development. To investigate the early language development of children raised in institutional settings in the Russian Federation, we compared a group of children in institutional care (n = 36; 8–35 months) to their age-matched peers raised in biological families, who have never been institutionalized (n = 72) using the Russian version of the CDI. The results suggest that institutionalization is associated with pronounced delays in children's early language development with large and robust effect sizes. Among children with a history of institutionalization, these delays are also associated with difficulties in Daily Living skills, communication, and socialization.