Lost in translation: “Risks,” “needs,” and “evidence” in implementing the First Step Act

In this article, we focus on two highly problematic issues in the manner in which the First Step Act of 2018 is being implemented by the Bureau of Prisons: an uncritical separation of “dynamic risks” and “criminogenic needs”; and a spurious reliance on “evidence-based” interventions to reduce recidivism risk. We argue that if the Act is to live up to its promise of being a game-changing development in efforts to reduce crime while simultaneously shrinking mass incarceration, “needs assessment” must be subject to vastly increased empirical attention, variable and causal risk factors must be identified and validly assessed, and interventions to reduce risk must be rigorously evaluated both for their fidelity of implementation and impact on recidivism. Rather than further proliferating programs that ostensibly reduce risk, we believe that serious consideration should be given to the Bureau of Prisons offering one signature, well-established cognitive-behavioral program that can simultaneously address multiple risk factors for moderate and high-risk prisoners.     

Expertise, Democracy, and Applied Ethics

Is expertise in applied ethics compatible with individual autonomy and democratic self-governance? This depends on whether a ‘tracking condition’ is satisfied for expert claims about issues in applied ethics. This condition requires that, when expert deliberations are properly conducted they ‘track’ the courses of reasoning that the experts’ clients would themselves have undertaken if they had (perhaps subject to certain conditions) considered the matters for themselves. Pluralism of the kind thematised by Isaiah Berlin and Stuart Hampshire suggests that the tracking condition typically will not be satisfied and, hence, that whatever experts are praticising in applied ethics they are doing it contrary to democratic principles of autonomy and self-government. The implications of this result are sketched and some standard objections briefly considered.     

On Making and Keeping Promises

Do the conditions under which promises are made determine whether they ought to be kept? Philosophers have placed a number of conditions on promising which, they hold, must be met in order to make promise-keeping obligatory. In so doing, they have distinguished valid promises from invalid promises and justified promises from promises that are not justified. Considering such conditions, one by one, we argue that they are mistaken. In the first place, the conditions they lay down are not necessary for either valid or justified promise-making. In the second place, promises need not meet such conditions in order to create moral obligations. In general, such analyses of promising fail because they suffer from a confusion between promise-making and promise-keeping. Philosophers have wrongly supposed that obligations to keep promises are dependent upon, or derivable from, the quality of the promises themselves, at the time they are made, instead of focusing on conditions that must be satisfied at the time when promises are supposed to be kept. It is not the quality of a promise that determines an obligation to keep it but the rightness or wrongness of performing the promised act.     

An analysis of the argument that clinicians under-predict sexual violence in civil commitment cases

This paper presents the results of an analysis that evaluated the assumptions and arguments set forth in a recent paper (Doren, 1998), which concluded that clinicians under-predict the risk that candidates for commitment as dangerous sex offenders will recidivate. This analysis indicates that such a conclusion is untenable because almost all of the assertions on which it is based might be disputed in one way or another. These flaws undermine the paper's value as a source of secondary authority in hearings pertaining to the commitment of dangerous sex offenders. Nonetheless, its publication will probably be beneficial for professional practice in this arena because it raises several important issues that stand in need of resolution.     

A Re-Visioning of Boundaries in Professional Helping Relationships: Exploring Other Metaphors

There are many ethical issues arising for practitioners in what are termed the boundaries of professional helping relationships. In this article, the authors argue that the boundary metaphor is not sufficient for conceptualizing these ethical issues and propose that alternative metaphors be considered. The use of a different metaphor might allow practitioners to re-vision the relationship issues in a more realistic, richer, and holistic way. Those explored here include highway, bridge, and territory. For the authors, it is territory that seems to hold the greatest promise.     

Machine learning in suicide science: Applications and ethics

For decades, our ability to predict suicide has remained at near‐chance levels. Machine learning has recently emerged as a promising tool for advancing suicide science, particularly in the domain of suicide prediction. The present review provides an introduction to machine learning and its potential application to open questions in suicide research. Although only a few studies have implemented machine learning for suicide prediction, results to date indicate considerable improvement in accuracy and positive predictive value. Potential barriers to algorithm integration into clinical practice are discussed, as well as attendant ethical issues. Overall, machine learning approaches hold promise for accurate, scalable, and effective suicide risk detection; however, many critical questions and issues remain unexplored.     

EXAMINING THE THEORY AND CLINICAL UTILITY OF WRITING ABOUT EMOTIONAL EXPERIENCES

Abstract— Pennebaker's (this issue) intervention for writing about emotional experiences shows promise as a module for inclusion in therapeutic packages. There are conceptual, methodological ant practical issues to be considered, however. These issues are discussed, and parallels are drawn from the literatures on the moodregulatory function of dreams and on the effects of social support on health. Although there is evidence that anything about emotional experiences has beneficial effects on health, it is premature to recommend writing intervention as a treatment component for specific problems. What is needed at this point is systematic research to evaluate to clinical utility.     

Intrinsicality and Grounding

A number of philosophers have recently claimed that intrinsicality can be analysed in terms of the metaphysical notion of grounding. Since grounding is a hyperintensional notion, accounts of intrinsicality in terms of grounding, unlike most other accounts, promise to be able to discriminate between necessarily coextensive properties that differ in whether they are intrinsic. They therefore promise to be compatible with popular metaphysical theories that posit necessary entities and necessary connections between wholly distinct entities, on which it is plausible that there are such properties. This paper argues that this promise is illusory. It is not possible to give an analysis of intrinsicality in terms of grounding that is consistent with these theories. Given an adequate analysis should be compatible with these theories, it follows that it is not possible to analyse intrinsicality in terms of grounding.     

Affiliation Tendencies on the Eve of the Iraqi War: A Utility Theory Perspective

Affiliation tendencies among 212 Israeli children and their parents were examined in January to March 2003, when the prospect for an Iraqi attack against Israel was high. Based on utility theory ( Rofé, 1984 ), it was hypothesized that Israeli citizens would prefer the company of less anxious others, rather than those with similar and higher levels of anxiety. Additionally, it was expected that subjects would be less inclined to talk about war-related issues since their need for cognitive clarity was already satisfied by the mass media. This study also compared the affiliation and discussion tendencies of children and adults. Results were consistent with utility theory and demonstrated its theoretical value in accounting for affiliation tendencies in stressful situations.     

Framing Ethical Acceptability: A Problem with Nuclear Waste in Canada

Ethical frameworks are often used in professional fields as a means of providing explicit ethical guidance for individuals and institutions when confronted with ethically important decisions. The notion of an ethical framework has received little critical attention, however, and the concept subsequently lends itself easily to misuse and ambiguous application. This is the case with the ??ethical framework?? offered by Canada??s Nuclear Waste Management Organization (NWMO), the crown-corporation which owns and is responsible for the long-term management of Canada??s high-level nuclear fuel waste. It makes a very specific claim, namely that it is managing Canada??s long-lived radioactive nuclear fuel waste in an ethically responsible manner. According to this organization, what it means to behave in an ethically responsible manner is to act and develop policy in accordance with its ethical framework. What, then, is its ethical framework, and can it be satisfied? In this paper I will show that the NWMO??s ethical and social framework is deeply flawed in two respects: (a) it fails to meet the minimum requirements of a code of ethic or ethical framework by offering only questions, and no principles or rules of conduct; and (b) if posed as principles or rules of conduct, some of its questions are unsatisfiable. In particular, I will show that one of its claims, namely that it seek informed consent from individuals exposed to risk of harm from nuclear waste, cannot be satisfied as formulated. The result is that the NWMO??s ethical framework is not, at present, ethically acceptable.     

On uniqueness in candecomp/parafac

One of the basic issues in the analysis of three-way arrays by CANDECOMP/PARAFAC (CP) has been the question of uniqueness of the decomposition. Kruskal (1977) has proved that uniqueness is guaranteed when the sum of thek-ranks of the three component matrices involved is at least twice the rank of the solution plus 2. Since then, little has been achieved that might further qualify Kruskal's sufficient condition. Attempts to prove that it is also necessary for uniqueness (except for rank 1 or 2) have failed, but counterexamples to necessity have not been detected. The present paper gives a method for generating the class of all solutions (or at least a subset of that class), given a CP solution that satisfies certain conditions. This offers the possibility to examine uniqueness for a great variety of specific CP solutions. It will be shown that Kruskal's condition is necessary and sufficient when the rank of the solution is three, but that uniqueness may hold even if the condition is not satisfied, when the rank is four or higher. The authors are obliged to Henk Kiers for commenting on a previous draft, and to Tom Snijders for suggesting a proof mentioned in the appendix.     

Let’s Get Small: An Introduction to Transitional Issues in Nanotech and Intellectual Property

Much of the discussion regarding nanotechnology centers around perceived and prosphesied harms and risks. While there are real risks that could emerge from futuristic nanotechnology, there are other current risks involved with its development, not involving physical harms, that could prevent its full promise from being realized. Transitional forms of the technology, involving “microfab,” or localized, sometimes desk-top, manufacture, pose a good opportunity for case study. How can we develop legal and regulatory institutions, specifically centered around the problems of intellectual property, that both stimulate innovation, and make the best possible use of what will eventually be a market in “types” rather than “tokens”? This paper argues that this is the most critical, current issues facing nanotechnology, and suggests a manner to approach it.     

Do We Know Which Interventions are Effective for Disruptive and Delinquent Girls?

Disruptive and delinquent girls are not well served by the mental health and juvenile justice systems. Interventions that have been developed for the behavior problems of boys are frequently applied to girls despite growing evidence for a female-specific phenotype, developmental course, and set of risk factors from middle childhood onwards. The current review demonstrates that evidence of the effectiveness of treatments for girls with disruptive and delinquent behaviors is extremely limited, with relatively few studies including sufficient numbers of females or reporting on treatment effects by gender. However, a small body of evidence suggests that interventions specifically designed to address female behavior problems or risk factors can be effective in ameliorating disruptive and delinquent behaviors in both pre-adolescence and adolescence. Multi-modal interventions that target interacting domains of risk also show promise. Methodological issues are discussed and recommendations are made for the development and evaluation of future interventions to prevent and reduce girls’ disruptive and delinquent behavior.     

Another Look at Paternalism

ABSTRACT This paper attempts to provide some new insights into the problem of justifying paternalism. To begin with, there is a general analysis of the concept of paternalism which examines the conditions that must be present for it to occur. A distinction is then drawn between two contexts in which paternalism exists—first, where it applies to individuals or clearly specifiable groups and second, where it applies to society in general. Different approaches to justification are required in each case. It is argued that paternalism of the former type has to meet two necessary and sufficient conditions for it to be acceptable and a good deal of the paper is devoted to a discussion of these two conditions and the ways of determining when they are satisfied. Paternalism of the latter type which applies to the whole society is more difficult to justify, mainly because it applies indiscriminately to everyone regardless of their particular capacities, interests etc., but some suggestions are made as to when such paternalism may nevertheless be justified.     

Prädiktiver Gentest für Chorea Huntington

The development of predictive tests for genetic diseases such as Huntington’s chorea, not only raises new ethical and psychosocial issues for people at risk for genetic diseases, but also poses a challenge for the professionals treating them. The number of patients facing these issues will grow considerably with future advances of the human genome project. While there is general agreement among geneticists and neurologists that concurrent psychosocial and psychotherapeutic counselling for patients considering getting tested should be a prerequisite for predictive test-ing, much less agreement exists in the field of psychotherapy on the form and content of psychotherapeutic counselling for patients with a genetic risk factor. By their very nature, hereditary genetic conditions are a family affair. Whatever the test result will be in the end, it will have repercussions on other family members. In conse-quence, this article argues in favor of a counselling approach that is family and re-source oriented. From their experience with a collaborative treatment project, the authors present the major topics which psychotherapists need to address when working with patients at risk.     

Representation and computation in a deflationary assessment of Connectionist cognitive science

Connectionism provides hope for unifying work in neuroscience, computer science, and cognitive psychology. This promise has met with some resistance from Classical Computionalists, which may have inspired Connectionists to retaliate with bold, inflationary claims on behalf of Connectionist models. This paper demonstrates, by examining three intimately connected issues, that these inflationary claims made on behalf of Connectionism are wrong. This should not be construed as an attack on Connectionism, however, since the inflated claims made on its behalf have the look of cures for which there are no ailments. There is nothing wrong with Connectionism for its failure to solve illusory problems.     

Neural fetal tissue transplants: old and new issues

Abstract. Neural fetal tissue transplantation offers promise as a treatment for devasting neurologic conditions such as Parkinson's disease. Two types of issues arise from this procedure: those associated with the use of fetuses, and those associated with the use of neural tissue. The former issues have been examined in many forums; the latter have not. This paper reviews issues and arguments raised by the use of fetal tissue in general, but focuses on the implications of the use of neural tissue for basic concepts of personnood and personal identity.     

Inherited Thrombophilia: Key Points for Genetic Counseling

With the evolution of medical genetics to focus on highly prevalent, multifactorial conditions, it is inevitable that genetic counselors will be called upon to participate in the evaluation and counseling of individuals with inherited thrombophilia. The purpose of this review is to educate the genetic counselor on key issues related to risk assessment and genetic counseling for hereditary thrombophilia. The information contained in this document is derived from an extensive review of the literature, as well as the author's personal expertise. Upon completion of this review, the genetic counselor will be able to: a) describe inherited and acquired risk factors for thrombosis, b) collect and interpret personal and family histories to assess risk related to hereditary thrombophilia, c) discuss the potential advantages and disadvantages of thrombophilia testing, including psychosocial aspects and implications for medical management, and d) identify educational and support resources for patients and families.     

The Harmful Influence of Decision Theory on Ethics

In the last half century, decision theory has had a deep influence on moral theory. Its impact has largely been beneficial. However, it has also given rise to some problems, two of which are discussed here. First, issues such as risk-taking and risk imposition have been left out of ethics since they are believed to belong to decision theory, and consequently the ethical aspects of these issues have not been treated in either discipline. Secondly, ethics has adopted the decision-theoretical idea that action-guidance has to be based on cause–effect or means–ends relationships between an individual action and its possible outcomes. This is problematic since the morally relevant connections between an action and future events are not fully covered by such relationships. In response to the first problem it is proposed that moral theory should deal directly and extensively with issues such as risk-taking and risk imposition, thereby intruding unabashedly into the traditional territory of decision theory. As a partial response to the second problem it is proposed that moral theorizing should release itself from the decision-theoretical requirement that the moral status of an action has to be derivable from the consequences (or other properties) that are assignable to that action alone. In particular, the effects that an action can have in combination with other actions by the same or other agents are valid arguments in an action-guiding moral discourse, even if its contribution to these combined consequences cannot be isolated and evaluated separately.