The future of involuntary civil commitment in the U.S.A. after Kansas v. Hendricks

This article examines new sexual predator commitment laws enacted recently in the United States to civilly commit dangerous sex offenders after they have served their prison sentences. It then examines Kansas v. Hendricks, a Supreme Court case that upheld these laws as constitutionally permitted. The article next describes the broad parameters that demarcate the government's civil commitment authority identified by the Supreme Court in that case. The author concludes that Hendricks establishes that the state has expansive civil commitment power much greater than our previous understanding. The government may use civil commitment solely to protect the public from dangerous individuals without proving a medically recognized mental disorder, recent evidence of dangerousness, or a treatment purpose or possibility. Moreover, this quarantine system may be justified by proving the same unlawful behavior for which the individual has already been criminally punished.     

Sexual predator commitment laws: lessons for law and the behavioral sciences

Sex offender commitment laws use a mental health commitment model to lock up the "most dangerous" sex offenders after their prison sentences expire. In Kansas v. Hendricks, the United States Supreme Court rejected the major constitutional challenges to these laws. The Hendricks case clarifies important ambiguities about the use of civil commitment to enforce "police power" interests, as opposed to "parens patriae" interests. Hendricks also clarifies the role of "treatment" in justifying civil commitment. While there remain some important legal issues to be resolved, the future direction of sex offender commitment schemes will turn most significantly on policy decisions. The behavioral sciences can play an important role in shaping these decisions. The most significant questions concern whether expensive commitment programs are the most effective use of scarce treatment and supervision dollars. Additional research should be directed to improving dynamic predictors of recidivism, operationalizing "inability to control" standards, judging the "social meaning" of commitment laws, and assessing the potential treatment disincentives of these laws.     

Clinical pastoral education and post privacy legislation: an Australian perspective

Recently introduced privacy legislation in Australia has required that professional associations approaching education from the perspective of human cases review their standards and develop new policies and procedures to protect the privacy of individuals. In this article, the author explores the disruption created for Clinical Pastoral Education by the introduction of these privacy laws, demonstrates that it is possible to be loyal to both a commitment to privacy and learning from "living human documents," develop strategies for changing the educational culture, and establish new procedures, strategies, and policy.     

Recidivism base rates,predictions of sex offender recidivism,and the “sexual predator” commitment laws

Predictions of future sexual offending have been mandated by various “Sexual Predator” commitment laws, despite historical arguments that clinicians are frequently inaccurate and over-predict violence. The basis for those arguments has been the perspective that sexual recidivism is a relatively rare event. Research is reviewed, however, with the finding that sexual recidivism for certain offenders is a rather common occurrence when the definition of recidivism is in keeping with the sex offender commitment laws. This finding is used to demonstrate that under-, rather than over-prediction of the designated violence is necessarily today's practice. Practical and ethical implications are discussed. © 1998 John Wiley & Sons, Ltd.     

Genuine giving or selfish sacrifice? The role of commitment and cost level upon willingness to sacrifice

This research uses interdependence theory to examine the link between commitment, costs, and willingness to sacrifice within interdependence dilemmas occurring in intimate relationships. Advancing prior work, which has demonstrated a positive association between relationship commitment and willingness to sacrifice, we investigated the moderating role of the cost of sacrifice in a scenario‐based survey. Consistent with our hypotheses it was found that in high cost interdependence dilemmas, significantly greater levels of sacrifice were observed from individuals classified as high in commitment than from individuals classified as low in commitment. However in low cost dilemmas the relationship between commitment and sacrifice disappears. Possible differences in motivations for sacrifice are discussed with respect to this finding. Copyright © 2003 John Wiley & Sons, Ltd.     

论自然律与因果知识的知觉经验基础

<正>一、引论自休谟以来,特别是在科学哲学的演进中,自然律理论与因果理论从来是不可分离的。相比而言,自然律理论具有某种优先地位。因为按照休谟的广为接受的论证,人类的知觉经验并不能直接辩     

Marginalized relationships: the impact of social disapproval on romantic relationship commitment

Little research has examined the effects of prejudice and discrimination on people's romantic relationships. The authors explored whether belonging to a socially devalued relationship affects consequential relational phenomena. Within the framework of the Investment Model, the authors (a) tested the association between perceived relationship marginalization and relationship commitment, (b) compared investment levels of individuals involved in marginalized versus nonmarginalized relationships, and (c) explored ways in which couples may compensate for decreased investments to maintain high commitment. Consistent with hypotheses, marginalization was a significant negative predictor of commitment. Moreover, individuals in marginalized relationships invested significantly less than individuals in nonmarginalized relationships. Despite investing less, marginalized relationship partners were significantly more committed than were their nonmarginalized counterparts. Thus, marginalized partners appeared to compensate for their reduced investments, with evidence suggesting that compensation occurs via reduced perception of relationship alternatives rather than via increased perception of relationship satisfaction.     

Civil commitment: A review of empirical research

This article presents a comprehensive review of empirical micro-level research which has attempted to evaluate changes in civil commitment law in the United States. It groups studies by category of the general question they address: Who are being processed through civil commitment and who are being committed? How dangerous are civil commitment candidates on admission, in the hospital, and after release? To what extent are court officers adhering to procedural protections in form and in intent? To what extent have restrictive criteria influenced the behavior of medical professionals in processing individuals through civil commitment? and What happens to individuals after their civil commitment experience and their involuntary hospitalization? The article points to needed research and concludes by summarizing existing research from the perspective of finding a balance between civil liverty and benevolence.     

Relationship perceptions and persistence: do fluctuations in perceived partner commitment undermine dating relationships?

The authors propose specific temporal profiles that reflect certainty versus doubt about where a partner stands with respect to a dating relationship over time. Two multiwave longitudinal studies focused on within-participant changes in perceived partner commitment. Results from multilevel modeling indicate that individuals whose perceptions of partner commitment fluctuate over time were more likely to be in a relationship that eventually ended than were individuals whose perceptions remained relatively steady. For individuals in recently initiated relationships, the association of fluctuation in perceived partner commitment with later breakup was significant regardless of the initial level of perceived partner commitment or the trend, and for all participants, it remained significant when initial level, trend over time, and fluctuation over time of other meaningful variables were controlled.     

Conflicting pressures on romantic relationship commitment for anxiously attached individuals

Anxious attachment predicts strong desires for intimacy and stability in romantic relationships, yet the relation between anxious attachment and romantic commitment is unclear. We propose that extant literature has failed to find a consistent relation because anxiously attached individuals experience conflicting pressures on commitment. Data from Australia (N=137) show that relationship satisfaction and felt security each act as suppressors of a positive relation between anxious attachment and commitment. Data from Japan (N=159) replicate the suppression effect of felt security and also demonstrate that the residual positive relation between anxious attachment and commitment can be partly explained by dependence on the partner. These findings suggest that anxiously attached individuals may be ambivalent about commitment. Dissatisfaction and worries about negative evaluation appear to exert downward pressure on commitment, counteracting the upward pressure that is exerted by factors such as relational dependency.     

Sociosexual orientation, commitment, and infidelity: a mediation analysis

Individuals with an unrestricted sociosexual orientation (SO) are less committed to their romantic relationships and more likely to engage in infidelity. Furthermore, commitment is negatively associated with tendencies to cheat. However, no previous research has examined the possible mediating role of commitment in the relationship between SO and infidelity. The current study examined whether commitment mediated the relationship between SO and willingness to engage in three types of cheating behaviors (Ambiguous, Deceptive, and Explicit). Results suggested that commitment partially mediated the relationship between SO and infidelity, such that unrestricted individuals had lower commitment, which in turn led to a greater likelihood of cheating. Implications of this association and directions for future research are discussed.     

The escalation of commitment in political decision-making groups: a social identity approach

Escalation situations are those in which some project or course of action has led to losses, but there is a possibility of achieving better outcomes by investing further time, money, or effort. Although this phenomenon has been studied in individuals, there has been little research which has examined it in groups. It was hypothesized that individuals stronger in social identity would be more likely to escalate their commitment to a failing project. Groups of subjects (half whose members strongly identified and half who weakly identified with their groups) were asked to play the role of a town council whose current objective was to invest money in construction of a playground that was met with many problems. The results showed that groups that were stronger in social identity escalated their commitment to the playground. The implications of the results are discussed, along with future directions for research.     

Religious Ego Identity and Its Relationship to Faith Maturity

The relationship between religious ego identity and religious faith maturity was investigated among college students (M age % 19.8 years) using J. E. Marcia's (1966) religious ego status classification system, which is based on the presence or absence in an individual of an exploration of religious values or beliefs and commitment to them; the system also contains a measure of religious faith maturity. Results showed that individuals with a diffusion status (no exploration, no commitment) were less mature in religious faith than those with a foreclosure status (no exploration, commitment), a moratorium status (exploration, no commitment), or those classified as achieved (exploration, commitment). Compared with individuals classified as foreclosed, achieved individuals integrated more effectively the religious faith maturity dimension of service to humanity and community as well as service of self to a transcendent reality.     

Sociosexual Orientation,Commitment, and Infidelity: A Mediation Analysis

ABSTRACT

Individuals with an unrestricted sociosexual orientation (SO) are less committed to their romantic relationships and more likely to engage in infidelity. Furthermore, commitment is negatively associated with tendencies to cheat. However, no previous research has examined the possible mediating role of commitment in the relationship between SO and infidelity. The current study examined whether commitment mediated the relationship between SO and willingness to engage in three types of cheating behaviors (Ambiguous, Deceptive, and Explicit). Results suggested that commitment partially mediated the relationship between SO and infidelity, such that unrestricted individuals had lower commitment, which in turn led to a greater likelihood of cheating. Implications of this association and directions for future research are discussed.     

Civil commitment: An economic perspective

The rules governing the civil commitment of mentally ill persons result from complex legislative and judicial processes. In this article an economic approach to the evaluation of commitment laws is presented. A related economic model is applied to the process by which commitment rules are selected and changed. In the economic approach the benefits and costs of civil commitment are specified and analyzed to determine an optimal number of commitments. A graphical model is used to reinforce the conclusions. The distinction between private and social benefits and costs is used to derive the conclusion that some civil commitment is consistent with the economic principle of optimality. Failures in the political process are shown to generate a need for judicial intervention to correct for possible biases toward overcommitment and an inadequate quality of care. An alternative to the economic evaluation of commitment rules, based on the work of Rawls, is also presented.     

The governance of laws of nature: guidance and production

Philosophical Studies - Realists about laws of nature and their Humean opponents disagree on whether laws ‘govern’. An independent commitment to the ‘governing conception’...     

The effectiveness and ethical justification of psychiatric outpatient commitment

Studies link involuntary outpatient commitment with improved patient outcomes, fueling debate on its ethical justification. This study compares inpatient utilization for committed outpatients in the 1990s with those who were not under outpatient civil commitment orders. Findings reveal committed outpatients had higher utilization of inpatient services and restraint episodes prior to their commitment compared with a control group. Committed outpatients also were more likely to have been on discharge status at the time of admission, have been admitted involuntarily under emergency legal procedures, and have had a greater number of admissions and hospital days prior to their commitment. Following commitment, patients had fewer hospitalizations, shorter lengths of stay, fewer seclusion episodes and hours, and fewer restraint episodes and hours. Findings are discussed within the context of parens patriae and therapeutic jurisprudence, and support medical and public policy justifications for ethical uses of outpatient civil commitment laws for seriously mentally ill patients.     

When feeling bad leads to feeling good: guilt-proneness and affective organizational commitment

The authors posit that higher levels of guilt-proneness are associated with higher levels of affective organizational commitment. To explain this counterintuitive link, the authors suggest that a dispositional tendency to feel guilt motivates individuals to exert greater effort on their work-related tasks that, in turn, strengthens their affinity for the organization. The authors tested this idea using a laboratory study and field data from 2 samples of working adults. Individuals who are more guilt-prone reported higher levels of organizational attachment compared with less guilt-prone individuals. Furthermore, mediation analyses indicate that the link between guilt-proneness and affective commitment is driven by greater task effort. The authors discuss the implications of these findings for understanding the affective drivers of commitment in organizations.     

Continuance commitment and turnover: Examining the moderating role of negative affectivity and risk aversion

This paper examines the moderating role of negative affectivity and risk aversion in the relationships of two bases of continuance organizational commitment (continuance–sacrifices and continuance–alternatives) to turnover, within a stress–coping perspective. More specifically, we propose that (a) the perspective of leaving is a source of stress for those who stay due to the fear of losing valued advantages (i.e. high continuance–sacrifices commitment) and (b) staying is perceived to be stressful by individuals who remain based on a lack of employment alternatives (i.e. high continuance–alternatives commitment). We argue that these perceptions are magnified by negative affectivity and risk aversion, resulting in individuals who present these traits to use avoidance–withdrawal strategies in coping with these situations. Accordingly, based on a sample of 509 human resource management professionals, we found (a) negative affectivity and risk aversion to strengthen the negative relationship of continuance–sacrifices commitment to turnover and (b) continuance–alternatives commitment to relate positively to turnover among individuals with high negative affectivity. We discuss the implications of these findings for our understanding of how commitment mindsets and personality traits affect turnover decisions.