COURT STANDARDS FOR JOB ANALYSIS IN TEST VALIDATION

Selected Federal court are reviewed and analyzed to determine the criteria used by the courts in their assessment of job analyses in the development and validation of selection tests. A set of standards which delineates the components and characteristics of a job analysis necessary to withstand legal scrutiny is presented. Implications are discussed.     

PERFORMANCE APPRAISAL, PROMOTION AND THE COURTS: A CRITICAL REVIEW

Twenty-three Title VII court cases were reviewed in order to determine the standards set by the courts in their assessment of performance appraisal systems when used as the basis for promotion decisions. The topics covered were adverse impact determination, the courts' adjudication strategy, and the evidence needed to justify the performance appraisal procedures. Among the major findings was the courts': (1) failure to adhere to the "applicant flow technique" of adverse impact determination, (2) interest in assessing performance appraisal systems regardless of their adverse impact, (3) ignorance regarding acceptable validation procedures, and (4) focus on objectivity in lieu of validity. The discussion offered suggestions to employers for developing a professionally sound and legally defensible appraisal system.     

Risk Assessment in the Law: Legal Admissibility,Scientific Validity,and Some Disparities between Research and Practice

Risk assessment expert testimony remains an area of considerable concern within the U.S. legal system. Historically, controversy has surrounded the constitutionality of such testimony, while more recently, following the adoption of new evidentiary standards that focus on scientific validity, the admissibility of expert testimony has received greater scrutiny. Based on examples from recent appellate court cases involving sexual violent predator (SVP) hearings, we highlight difficulties that courts continue to face in evaluating this complex expert testimony. In each instance, we point to specific problems in courts' reasoning that lead it to admit expert testimony of questionable scientific validity. We conclude by offering suggestions for how courts might more effectively evaluate the scientific validity of risk expert testimony and how mental health professionals might better communicate their expertise to the courts. Copyright © 2013 John Wiley & Sons, Ltd.     

Artificial legal standards in mental/emotional injury litigation

The courts historically have viewed mental and emotional injuries with suspicion. In attempting to ensure the genuineness of those claims that are brought to trial, most courts require that plaintiffs meet standards that go beyond those that are imposed for claims of physical injury, even though the value and validity of these additional standards have not been empirically assessed. Although the development of legal standards in the absence of empirical data is troubling, of particular concern is the fact that some of the imposed standards are artificial in that they refer to factors not directly related to the injury claimed. This study explores the impact of these standards on the litigation of claims for emotional injuries. The paper discusses the effects that artificial standards had upon claims pursued at the trial court level. According to these data, artificial standards are not warranted.     

SEXUAL HARASSMENT: CRITICAL REVIEW OF LEGAL CASES WITH GENERAL PRINCIPLES AND PREVENTIVE MEASURES*

Fifty-two court cases were reviewed to determine the standards set by the courts for establishing a claim of sexual harassment under Title VII of the Civil Rights Act of 1964. Twenty-nine are discussed. Three major issues were examined in Part I of the review: (1) the gender-based nature of sexual harassment at work, (2) the direct and indirect employment-related consequences that result from the harassment, and (3) the extent of employer liability for the sexually harassing acts of their employees. Part II discussed the general principles that were distilled from the court cases and examined future trends and preventive measures, as well as the role of professionals in future research. A plan of action to combat sexual harassment at the workplace consistent with court interpretations was presented.     

AGE DISCRIMINATION AND PERSONNEL PSYCHOLOGY: A REVIEW AND SYNTHESIS OF THE LEGAL LITERATURE WITH IMPLICATIONS FOR FUTURE RESEARCH

One hundred and fifty-two court cases were reviewed to determine the standards set by the courts for establishing a claim of age discrimination under the Age Discrimination in Employment Act, as amended. Fifty-three are discussed. Two major issues were examined in Part 1 of the review: (1) the type and extent of the evidence sufficient to establish a complaint of age discrimination and (2) available defenses against age discrimination complaints. Part 2 discussed employer strategies for averting and/or dealing with discrimination complaints. Also discussed were the research-related implications of the age discrimination case law, as well as the role of professionals in future research.     

Communicating Justice: Shari‘a Courts and the Christian Community in Seventeenth- and Eighteenth-Century Ottoman Greece

Using Shari‘a court records from Ottoman Salonica and Karaferye, this paper examines the nature of justice as articulated by the state and judges vis à vis Christians. As arbiters of local and state/local relations, the courts were responsible for defining and promoting the state's desire for social harmony, efficiency, and order at the local level while also overseeing the rights and obligations of local populations vis à vis state and local officials. The paper examines the standards of evidence and legal reasoning employed by judges and the relationship between religious law and state law, particularly in the realm of criminal justice. Furthermore, in a bid to assess Christian familiarity with the workings of the law, the paper explores how and when Christians used the courts and the strategies employed by them in the court setting. Ultimately, the Shari‘a courts provided a public forum for strengthening communal networks and resolving disputes between Christians and between Muslims and Christians.     

Should human figure drawings be admitted into court?

In recent years, there has been debate about the validity of figure drawings, although surveys of clinicians in both general and forensic practice still find them to be one of the most widely used tests of personality functioning. Using both Heilbrun's (1992) guidelines for the use of psychological tests in a forensic evaluation and the U.S. Supreme Court's Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) criteria for the admission of scientific evidence, I examine the admissibility of human figure drawings in court. The results suggest that the most commonly used methods for interpreting human figure drawings fall short of meeting the standards for admissibility. The use of overall rating scales, although weak in validity, appear to minimally meet these standards.     

Methodological, ethical, and legal considerations in drug court research

Since their inception in the late 1980s, drug courts have become the most prevalent specialty court in the United States. A large body of outcome research conducted over the past two decades has demonstrated that drug courts effectively reduce drug use and criminal recidivism, which has led to the rapid proliferation of these courts. Importantly, drug court research has flourished despite the many challenges faced by researchers when working with a vulnerable population of justice-involved substance users. In this article, we highlight the most common methodological, ethical, and legal challenges encountered in drug court research, and discuss ways in which researchers can overcome these challenges to conduct high-quality research. Drug court research exemplifies how rigorous empirical investigation can be accomplished in the criminal justice system, and it can serve as a useful model for researchers working in other parts of the judicial system.     

From evolution to Larry P., or what shall we do about IQ tests?

IQ tests are a dilemma in that great morality play. “Who Shall Enjoy Society's Privileges?” Legal authorities battle over IQ tests as heroes or villians. The stages are courts around the nation jammed with plaintiffs whose test scores were used to reject them from desired educational and occupational positions or whose scores exceeded those of others who were selected for desired positions on nonintellective bases. Larry P. Bakke, and Griggs are but a few of the plaintiffs whose names may become household words in the late '70s. Judges know little about the technical construction of IQ tests, their appropriate use and interpretation, and about the underlying issues of inequality that bring the adversaries to court. But the judges will decide how, when, and for whom IQ tests may be used to make life decisions.     

A REVIEW OF FAIR EMPLOYMENT CASES IN THE FIELD OF TRAINING1

Federal fair employment legislation, administrative guidelines, and court cases that relate to training are reviewed. The review identified three issues: (a) selection practices which use training as a criterion, (b) justification of training programs where there has been a determination of disparate treatment, and (c) the use of training programs as a legitimate factor other than sex to justify pay differentials. The review indicates most Courts will not accept training success as a valid criterion for test selection, although tests for minimum standards might be validated against training alone; Courts generally review equal treatment factors rather than determining the business necessity of training; and finally, there are definite guidelines for demonstrating pay differentials based on training programs. The implications for courts and professionals conclude the paper.     

Energy expenditure and enjoyment of small-sided soccer games in overweight boys

When space is limited, it would be preferable to play multiple small-sided soccer games (SSG) simultaneously on small courts, rather than a single game, to maximise participation. Given that the layouts of most gymnasiums incorporate several badminton courts, we examined whether energy expenditure and enjoyment of SSG on a badminton court (6.1 × 13.4 m) were comparable to larger court dimensions (volleyball and basketball courts; 9 × 18 m and 14.2 × 26.5 m, respectively). Twelve overweight boys played 30 min three-a-side SSG on each court in a counterbalanced design. During SSG, energy expenditure was estimated via accelerometry, heart rate was monitored and ratings of perceived exertion (RPE) and enjoyment were obtained. Energy expenditure was similar between badminton and volleyball courts, but lower than the basketball court (p < .05). Mean% HR_max was significantly lower on the badminton court than the volleyball and basketball courts (p < .05). There was no effect of court size on RPE or enjoyment (p > .05). These results suggest that it may be preferable to play SSG on a larger court when space is available. Alternatively, when space is limited the difference in energy expenditure between court sizes can be accounted for by an additional 2.3 min of play on a badminton court.     

Examining changes in procedural justice and their influence on problem‐solving court outcomes

The number of problem‐solving courts has grown substantially since the mid‐1990s. Research consistently indicates that participation in these courts lowers recidivism, which is often attributed to defendants’ increased perceptions of procedural justice in these programs. Yet, prior studies are limited in their focus, often examining interactions with the judge in a single court or examining defendant perceptions and outcomes at a single time point. In the present study, we investigate defendant perceptions of procedural justice with judges and case managers across multiple problem‐solving courts over time. Findings indicate that procedural justice varies across court actors and over time. Procedural justice is lower among judges than among case managers; however, changes in perceptions of procedural justice with the judge are associated with improved court outcomes. We suggest that defendant perceptions are variable and complex but important in explaining variations in outcomes.     

From victimhood to empowerment: Muslim women's narratives in the Shari'a courts of Jerusalem and Taibe

This study features the voices of women who sued their husbands in the Shari'a courts, revealing the empowerment that resulted from learning their legal rights. The stories of some two hundred Palestinian Muslim women who appealed to the Shari'a courts in Jerusalem and Taibe during the years 2000–2003 formed the basis of this study. The women came to the courts to claim material support (nafaqa) from their husbands and to demand child support (hadane). Four major reasons why these women sued their husbands in court emerged from their stories, revealing familial, social, economic and even political circumstances that impinged on their lives.     

Describing sport grounds: an investigation of 'functional' and 'acquaintance' familiarity.

The present research was designed to investigate the concept of familiarity and how different kinds of familiarity could affect the coding and memory of places having specific and strong functional significance, i.e., sport courts. Tennis and basketball were selected. Users and nonusers of such sport courts had first to describe a sport court taking the necessary information from their stored schematic knowledge and then to describe a sport court previously seen in a photograph. Subjects' verbal reports showed a certain superiority of users' performance, a commonly found place effect, and the presence of errors only on the second task and mainly by the users group. The results are discussed in terms of the environmental schemata theory and of the different kinds of familiarity considered.     

A satisfied clientele seeking more diverse services: Latinos and the courts

This article assesses Latino views of the court system, both of their beliefs about the courts and their experiences with the courts. Relying primarily on the Latino over-sample of the National Center for State Courts (2000) survey of public attitudes toward the courts, we evaluate three aspects of the Latino-judicial relationship. First, we measure whether there are differences between Latino and non-Latino views of the courts. Second, we assess whether there are differences within the Latino community, particularly differences based on nativity, in Latino attitudes toward the courts. Finally, we assess the implications of Latino views of the courts for US society in general. We are particularly concerned about whether having a greater share of Latinos in the population will create new pressures to reform the judiciary.     

Integrating the criminal justice system into mental health service delivery: the worcester diversion experience

The substantial number of persons with mental illness encountered in many sectors of the criminal justice system has spurred actors from various agencies within that system to take actions aimed at reducing the growth of this population. These actions have included the development of specialty police units, jail diversion programs, and other mechanisms for channeling persons with mental illness out of the criminal justice system and into mental health treatment. The courts, too, have become involved in this effort with the recent development of the "mental health court," the latest of the "specialty" or "problem solving courts." These courts have not been without their critics, however, nor are they the only feasible approach to court-based diversion. This paper identifies and explores a range of options for structuring the relationship between criminal courts and local mental health systems. Beginning with a discussion of the rationale motivating the development of mental health courts, two alternatives to this specialty court model are discussed. One involves judges dealing with defendants having mental illness and substance abuse on a case-by-case basis. The other takes advantages of linkages that may already exist between most courts and the mental health providers who conduct their forensic assessments, expanding the role of these providers to serve as boundary spanners between courts and the components of local mental health systems. Regardless of the model adopted, however, appropriate linkages must exist between the courts and relevant providers. A case study is provided that demonstrates how the status of a locale's linkages can be evaluated and how the information derived from such evaluation can be used to improve the linkages between police, courts, and health and human services agencies.     

Families in court: will a family court do it better?

Family-related case filings in the civil courts, including juvenile matters, exceed 7,000,000 filings annually. These cases typically are handled in several different trial courts. Reform proposals would create a unified family court, with broad jurisdiction over child and family matters. Family court proponents anticipate benefits of greater judicial continuity with a family, better informed jurists and judicial decisions, more client comfort, and better coordinated intervention services. This article reviews present court handling of family-related cases and proceeds to describe family court developments in the states. It then presents each of the potential benefits, discussing the problems they're intended to overcome and the approaches courts are using or might use to achieve these benefits. The author supports the family court direction, while recognizing the paucity of family court evaluation. More assessment is encouraged. © 1998 John Wiley & Sons, Ltd.     

Preadolescent adjudicative competence: methodological considerations and recommendations for practice standards

This article examines developmental and legal issues directed toward a downward age extension of forensic evaluation practice standards for preadolescent defendants whose competence is questioned. Existing research and practice standards were developed for cases involving adolescents and adults, but they lack sufficient application to evaluations of young children because of the ways in which legal parameters affect young children. We review practice implications of the legal role of "immaturity" for adjudicative competence, alterations of Dusky in some juvenile courts, and the role of parens patriae in competence hearings held in juvenile court. We examine competence abilities in a developmental framework. Examining practice standards is timely because adjudicative competence in preadolescent defendants has taken on recent significance. The last decade saw changes in the stringency of delinquency statutes, increased emphasis on adversarial approaches to juvenile proceedings, and a de-emphasis on rehabilitation and parens patriae protections. Statutory changes and increased referrals have heightened inquiry into the meaning of preadolescent adjudicative competence.     

Drug Court as Both a Legal and Medical Authority

This article explores how addiction is conceptualized in a drug court program. Through observations and interviews in a drug court in a large northeastern city, the author reveals how the court uses ambiguous and inconsistent medicalized language to describe addiction, extending the label of addiction to behaviors not just associated with using drugs, but with selling drugs as well. Ultimately, drug courts incorporate a medicalized notion of addiction to further their own control over drug-related issues, since they become the authority of both the client's treatment and their punishment.