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.     

Drug Court: An Effective Alternative to Incarceration

The findings suggest that exposure to drug court components is clearly linked to lower rates of recidivism. This has important implications for social policies aimed at reducing recidivism. Additionally, the methodology employed here illuminates the importance of identifying and utilizing proper group comparisons in studies of recidivism. The results further identify a hard-core group of drug offenders as the next frontier in evaluation research.     

Neuropsychological Functioning and Recall of Research Consent Information Among Drug Court Clients

Evidence suggests that research participants often fail to recall much of the information provided during the informed consent process. This study was conducted to determine the proportion of consent information recalled by drug court participants following a structured informed consent procedure and the neuropsychological factors that were related to recall. Eighty-five participants completed a standard informed consent procedure to participate in an ongoing research study, followed by a 17-item consent quiz and a brief neuropsychological battery 2 weeks later. Participants performed within the normal range on most of the neuropsychological measures, although roughly one third showed deficits on measures of executive functioning. Participants failed to recall over 65% of the consent information within 2 weeks of entering the study, and their recall was significantly correlated with verbal IQ, drug problem severity, reading ability, memory, and attention. These factors may be useful in determining whether research participants require enhanced consent procedures.     

Kids and Teens in Court (KTIC): A Model for Preparing Child Witnesses for Court

Each year, numerous children testify in the United States in either criminal, civil, or juvenile court cases. Typically, children who testify are alleged victims of sexual or physical abuse or neglect, witnesses to violent crime, or subjects in custodial hearings in civil court. As more maltreatment cases are prosecuted and child custody is contested, an increasing number of children are being called as witnesses in court. Many of these children have already been traumatized by the experiences that led to their need to testify, and participation in the court process can have additional negative effects. This article describes the development and recent formative evaluation of a court preparation program that provides psychoeducation and utilizes components of evidence-based trauma treatment approaches, such as relaxation and in vivo exposure, to support child witnesses and reduce the risk of retraumatization. Children and adolescents participating in the program attend group sessions conducted by mental health clinicians and complete a court-related anxiety measure before and after each session. Results from 175 participants are reported. Findings indicated significant decreases in court-related anxiety with large program effects. Challenges encountered by the program and future directions are discussed.     

Recent Court Decisions: A Quiz For APGA Members

Counselors must keep up with changing laws and court rulings. This article presents a short quiz for APGA members to test their current legal knowledge.     

Federal District Court Decision Making in Public Forum and Religious Speech Cases, 1973–2001

This article investigates federal district court decision making in First Amendment lawsuits concerning religious expression and public forums. As trial courts, district courts are the first to adjudicate claims concerning religious speech in public places and thus they determine whether a public forum is open to expression in general, as well as grant or deny access to that forum for a religious speaker. With a comprehensive database of all district court cases concerning religious expression and public forum doctrine, we use logistic regression to measure the significance of several legal and extra-legal variables in order to explain district court outcomes.     

Assessing Legal Strains and Risk of Suicide Using Archived Court Data

Relatively little is known about legal entanglements and suicide risk. This matched case–control study estimated the risk of suicide associated with legal strains using online court archives, a novel source of exposure data. Court records linked to suicide deaths (N = 315), controls (N = 630), and unintentional injury and poisoning deaths (N = 630) for an urban county from 2000 to 2005 revealed that nearly a third of suicide victims had recent court involvement, twice the proportion among controls. Misdemeanors, car accidents, and foreclosures were each associated with a threefold risk of suicide. Implications for suicide prevention and research are discussed.     

The Influence of Eyewitness Nonidentifications on Mock-Jurors' Judgments of a Court Case1

Two experiments examined the effect of an eyewitness nonidentificution on mock-jurors' verdicts in robbery cases, as well as the effects of number of identifying eyewitnesses and status of the identifying witness (victim or bystander). Subjects read court case summaries that included variable eyewitness evidence and constant alibi, circumstantial, and character evidence. In Experiment 1, frequency of guilty verdicts was significantly less when an eyewitness testified in court that the defendant was not the perpetrator, even when this nonidentification opposed two positive identifications. In Experiment 2, a low guilty rate was again associated with the presence of a nonidentifier, but only when the nonidentifier actually testified in court and stipulated that the defendant is “not the man.” On the average, 70% of the jurors delivered guilty verdicts when both the victim and bystander gave identifying testimony, whereas 12.5% delivered guilty verdicts when the bystander gave opposing nonidentifying testimony. Guilty rates were unaffected by the identifying eyewitness' status and (in Experiment 2, but not Experiment 1) were higher when there were two (vs. one) identifying eyewitnesses.     

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.     

Role‐Induced Bias in Court: An Experimental Analysis

Criminal procedure is organized as a tournament with predefined roles. We show that assuming the role of a defense counsel or a prosecutor leads to role‐induced bias even if participants are asked to predict a court ruling after they have ceased to act in that role and if they expect a substantial financial incentive for being accurate. The bias is not removed either if participants are instructed to predict the court ruling in preparation of plea bargaining. In line with parallel constraint satisfaction models for legal decision making, findings indicate that role‐induced bias is driven by coherence effects, that is, systematic information distortions in support of the favored option. This is mainly achieved by downplaying the importance of conflicting evidence. These distortions seem to stabilize interpretations, and people do not correct for this bias. Implications for legal procedure are briefly discussed. Copyright © 2012 John Wiley & Sons, Ltd.     

Judgments of Sexual Harassment Court Case Summaries

Understanding third-person judgments of sexual harassment is important because of their role in bystander intervention, popular opinion, and perhaps even labeling experiences as harassment. We employed Brunswikian principles of representative design (sampling from natural environments and allowing environmental factors influencing judgments to intercorrelate) and multiple regression plus relative weight analyses to examine judgments about summaries of actual U.S. sexual harassment court cases. Potential factors influencing judgments (cues) were identified and coded by raters. Results suggest that naturally occurring cues were intercorrelated to some extent, and people use different aspects of these rich situations to make judgments. We also found that some less-studied cues (i.e., target's withdrawal from the workplace, number of incidents) are more important than that the previous research would suggest, while some often-studied cues (i.e., status of the harasser, target's response to the harasser) are less important. Participants overall used very few cues, even when many were available. Future research should employ Brunswik's representative design to use more realistic scenarios that allow for intercorrelated, naturally occurring cues. Especially if results can be replicated, theories about how judgments of sexual harassment are made can be developed that reflect the complex realities of sexual harassment judgments that our study revealed. Representative design could also be employed to help theory development in other scenario-based areas of organizational research. Ours is the first study of judgments of sexual harassment that used a Brunswikian approach to study actual court case summaries. This has allowed for a unique examination of this complicated phenomenon.     

The Treatment Specialist: An Emerging Role For Counselors Within The Criminal Court System

This article outlines the roles, functions, and skills necessary for a counselor to work as a treatment specialist within the court system.     

Likelihood of using drug courts: predictions using procedural justice and the theory of planned behavior

The current research compares two theoretical models borrowed from social psychology (theory of planned behavior and procedural justice) to predict intentions to make use of a drug court. Medicaid-eligible substance users answered a number of questions regarding their intentions to use a drug court in the future, including items from planned behavior and procedural justice scales. When procedural justice was considered alone, only trustworthiness predicted intention to use drug courts. When planned behavior was considered alone, only deliberative attitudes predicted the intention. After combining the two models, deliberative attitudes from the theory of planned behavior were the only significant predictor of likelihood to make use of a drug court. Recommendations for future study of this area center on conceptualization of procedural justice and the use of alternative samples.     

Preparing Children for Court: Effects of a Model Court Education Program on Children's Anticipatory Anxiety

The current study examined whether a pretrial preparation program, consisting of legal knowledge education, stress inoculation training, and a mock trial, is associated with decreased anticipatory anxiety of child witnesses. One hundred and ninety-three 4- to 17-year-olds who were awaiting impending legal proceedings attended Kids’ Court School in Las Vegas, NV, one to two weeks before their court appearances. Participants completed a measure of anticipatory court-related anxiety before and after the intervention. As predicted, children's anticipatory anxiety decreased significantly from pretest to posttest. Results demonstrate the promise of a brief, unbiased, standardized program for reducing system-induced stress on child witnesses, while maintaining the integrity of the legal process. This study serves as a springboard to guide future research, practice, policy, and implementation on a larger scale. Copyright © 2015 John Wiley & Sons, Ltd.     

Evaluating the efficiency and community safety goals of the Broward County Mental Health Court

Mental health courts have developed as one response to persons with mental illness who are involved with the criminal justice system. This study investigated the efficiency and safety goals of one such court in Broward County, FL. Mental health court (MHC) clients spent significantly fewer days in jail for the index arrest associated with study enrollment than a comparison group. MHC clients had similar survival time to re-arrest up to one year after study enrollment. MHC clients did not significantly differ from the comparison group in self-reported aggressive acts over an 8 month follow-up period, while they did self-report significantly fewer acts of violence than the comparison group at the 8 month follow-up. These findings suggest that some of the benefits associated with the MHC reported in prior studies were not achieved at the expense of efficiency and safety.     

Sharʿī norms and German Schools: Court Challenges to Participation in Swimming Lessons,School Trips and Sex Education

ABSTRACT

This article examines the treatment by German courts, from the early 1970s to 2016, of requests made by Muslims to be exempted from school activities for religious reasons. Based on a qualitative reading of 72 court rulings, the article demonstrates a shift in the courts’ decision-making, from initially tolerating Muslim requests for exemption to firmly denying them. Arguments from the court rulings are substantiated by an analysis of the public discourse on Muslims in German schools. The results suggest that the transformation of court attitudes corresponded with the rise of broader concerns about multiculturalism and manifestations of Islam in the public sphere, the liberalization of gender norms, and increasing secularism within German society. The article further demonstrates that, contrary to public perception, requests for exemptions from school activities were not a distinctly Muslim phenomenon. Christian families have challenged school activities in a similar way.     

Exploring the Relationship Between Gender,Mental Health Needs,and Treatment Orders in a Metropolitan Juvenile Court

We explored personal, social, and legal factors associated with different types of mental health treatment orders in one Missouri metropolitan court where the majority of system-involved youth are African-American. The research question under investigation is: with objective assessment information at their disposal, do judges order mental health treatment based on indicators of need or do they follow the pattern found in other studies where demographic and legal variables are key indicators? The bivariate results indicate that while males and females do not differ in mental health status, they do differ in psychosocial needs and offense patterns. In the multivariate analysis, the mental health treatment specific model indicates that commonly used indicators of need, prior mental health status and being female are related to receiving treatment orders. In the substance abuse treatment specific model, the significant factors are closely aligned with need: drug offenses, substance abuse problems, and negative influence of peers.     

Certifying Juveniles for Adult Court: An Attribution Analysis1

Certification is the process whereby older juveniles who have committed felony offenses are transferred from juvenile courts to adult courts. The present study examined the variables that influence decisions in these cases and used attribution theory to conceptualize the process. Data were obtained from files of 150 youths on whom certification petitions had been filed from January 1981 to October 1984. Of these, 125 had been certified and 25 had not. The sample comprised 148 males and 2 females. Data included seriousness of the offense, previous offenses, potential for aggressiveness, level of involvement in the offense, age, court in which the case was heard, year in which the case was heard, IQ, family income and sex. Level of involvement, seriousness of the offense and potential for aggressiveness had the strongest association with certification outcomes, with those high on these measures significantly more likely to be certified. The cluster that predicted outcomes best included level of involvement, seriousness of the offense, potential for aggressiveness, IQ, year in which the case was heard, court in which the case was heard, sex and previous offenses. The most explicitly behavioral variable—how actively the child participated in the offense—was the best single predictor of outcomes.     

Exploring the Why of Psychologist Misconduct and Malpractice: A Thematic Analysis of Court Decision Documents

Objective: To identify reasons for misconduct and misconduct amongst Australian psychologists. Method: During the 5‐year period from 2008 to 2013, 42 psychologists across 41 cases were found guilty of misconduct and malpractice by civil and administrative courts across Australia. The court decision documents were analysed using Braun and Clarke’s ( 2006 ) qualitative methodology to explore themes relating to the court’s objective, the psychologist’s subjective, and the authors’ interpretive causal reasons transgressing psychologists engaged in misconduct and malpractice. Results: Explanations given by psychologists for misconduct and malpractice behaviours included the use and abuse of legal and illicit substances, addiction behaviours, and impairment due to mental disorder or unresolved trauma. A number of other reasons identified by the courts and by the authors from the evidence cited in the published court decision documents are also discussed. Possible contributing factors for why misconduct and malpractice behaviours occurred coalesced into three themes: the externalisation of responsibility for personal actions and behaviours, a lack of objectivity concerning why such behaviours occurred, and an inability to understand how personal circumstance affected the provision of ethical services to clients. Conclusion: (a) The complexity of situations and scenarios surrounding psychologist malpractice can be simplified for the benefit of designing interventions by applying Glass’ ( 2003 ) concept of the “slippery slope.” (b) Court records have benefit as detailed data, but could be augmented for greater value with a simple and easily completed additional coversheet of background and demographic data.     

Drug Tolerance, Drug Addiction, and Drug Anticipation

ABSTRACT— Environmental cues associated with drugs often elicit withdrawal symptoms and relapse to drug use. Such cues also modulate drug tolerance. The contribution of drug-associated stimuli to withdrawal and tolerance is emphasized in a Pavlovian-conditioning analysis of drug administration. Conditional responses occur in the presence of cues that have been associated with the drug in the past, such as the setting in which the drug was taken. These conditional responses mediate the expression of tolerance and withdrawal symptoms. Recently, it has become apparent that internal predrug cues, as well as environmental cues, elicit pharmacological conditional responses that contribute to tolerance and withdrawal. Such internal cues include cognitive or proprioceptive cues incidental to self-administration, drug-onset cues that are experienced shortly after administration, and emotional cues. According to the conditioning analysis, addiction treatment should incorporate learning principles to extinguish the association between stimuli (environmental and internal) present at the time of drug administration and the effects of the addictive drug.