Representation by counsel: Right or obligation?

Since the Supreme Court's decision in Faretta v. California (1975), courts have generally permitted defendants to represent themselves, as long as they are competent to do so. The problem lies in the definition of competency to waive counsel, which has been vaguely defined by the courts. Little is known about the frequency of, or reasons for, attempts to waive counsel, about the process of forensic evaluation of such competency, and about the success of such attempts. The authors briefly review the case law on competency to waive representation, report on a longitudinal prospective study of these issues in a population of defendants referred to an inpatient forensic facility for evaluation of all types of competency related to their criminal prosecutions, and discuss the significance of the issue for forensic clinicians. A key question for courts, lawyers, and clinicians is whether a competency evaluation can be invoked to overcome a defendant's constitutional rights to self-representation and bail.     

Multiple listing for organ transplantation: autonomy unbounded

Recently, debate about the distribution of scarce organs for transplantation has focused on whether patients should have the right to place themselves on waiting lists at several transplant centers, thereby gaining an advantage over other potential recipients. This article explores the social and ethical issues raised by multiple listing, contrasting policies adopted at the national level with those implemented in New York State. It concludes by examining the implications of the debate for broader questions about entitlement and access to health care.     

R⌝-algebras and R⌝-model structures as power constructs

In relevance logic it has become commonplace to associate with each logic both an algebraic counterpart and a relational counterpart. The former comes from the Lindenbaum construction; the latter, called a model structure, is designed for semantical purposes. Knowing that they are related through the logic, we may enquire after the algebraic relationship between the algebra and the model structure. This paper offers a complete solution for the relevance logic R. Namely, R-algebras and R-model structures can be obtained from each other, and represented in terms of each other, by application of power constructions.This paper was presented at the 1986 Annual Conference of the Australasian Association of Logic in Auckland, 9–12 July, 1986.     

Age-dependent facilitation of taste-footshock conditioning by prior exposure to the training context

Among adult rats, gustatory stimuli are easily associated with illness, but not with external unconditioned stimuli such as footshock. Recent evidence indicates, however, that this cue-to-consequence specificity may vary ontongenetically. The present studies examined the acquisition of an aversion to a taste paired with footshock in 5- and 15-day-old rats. Consistent with previous reports, 5-day-old rats avoided the taste that preceded footshock, while 15-day-old subjects did not express an aversion to the taste paired with footshock. Exposure to the training context for either 1 or 5 h prior to conditioning disrupted taste-footshock conditioning in the 5-day-old subjects. For the 15-day-old subjects, 1 h of pre-conditioning exposure to the training context had no effect on conditioning, whereas a longer duration of preexposure promoted conditioning to the taste cue. The results suggest ontogenetic differences in stimulus selection.     

Anything is possible

This paper criticises necessitarianism, the thesis that there is at least one necessary truth; and defends possibilism, the thesis that all propositions are contingent, or that anything is possible. The second section maintains that no good conventionalist account of necessity is available, while the third section criticises model theoretic necessitarianism. The fourth section sketches some recent technical work on nonclassical logic, with the aim of weakening necessitarian intuitions and strengthening possibilist intuitions. The fifth section considers several a prioristic attempts at demonstrating that there is at least one necessary proposition and finds them inadequate. The final section emphasises the epistemic aspect of possibilism.     

Guidelines are not enough: The need for written sentencing opinions

Guideline sentencing systems, including the new federal guidelines, have not settled on a clear conception of when and how a trial judge should explain sentences. Indeterminate sentencing systems did not have a tradition of written sentencing decisions and recent sentencing reforms do not focus on the trial judge's role. This article suggests the many advantages of written sentencing opinions. Initial experience under the federal sentencing guidelines bolsters the conclusion that written sentencing opinions in appropriate cases—including both sentences “within” guidelines and guideline “departures”—are the next step in the evolving law of sentencing and the best way to recognize trial judges as an essential engine of principled change.     

HIV counselling in the national blood transfusion service

The problems caused for the NBTS by the advent of HIV are reviewed, with particular reference to the impact on blood donor numbers, the strategies adopted to minimise the risk of HIV infection through blood transfusion, and the counselling dilemmas faced by the Service in the setting of the blood donor clinic. The notification procedure for blood donors found anti-HIV positive is described, with the importance of confirmation of such results before approach to the donor emphasised. Counselling issues arising from indeterminate and false positive lest results are explored and those arising from enquiries generated by cases of possible post-transfusion HIV infection are examined.     

Relation of sympathy and personal distress to prosocial behavior: a multimethod study

Assessed sympathy and personal distress with facial and physiological indexes (heart rate) as well as self-report indexes and examined the relations of these various indexes to prosocial behavior for children and adults in an easy escape condition. Heart rate deceleration during exposure to the needy others was associated with increased willingness to help. In addition, adults' reports of sympathy, as well as facial sadness and concerned attention, were positively related to their intention to assist. For children, there was some indication that report of positive affect and facial distress were negatively related to prosocial intentions and behavior, whereas facial concern was positively related to the indexes of prosocial behavior. These findings are interpreted as providing additional, convergent support for the notion that sympathy and personal distress are differentially related to prosocial behavior.     

The Role of Sympathy and Altruistic Personality Traits in Helping: A Reexamination

The purposes of this study were (a) to examine the role of social evaluative concerns in the self-report of sympathy and in the relation of sympathy to helping; and (b) to determine the role of "altruistic personality" traits and situationally induced vicarious emotional responses in the intention to help. Dispositional and situational self-reports of sympathy and other vicarious emotional reactions were obtained for persons who also were given the opportunity to assist a needy other. Moreover, dispositional measures of concern with social evaluation and an altruistic orientation were obtained, and a bogus pipeline manipulation was instituted for half the study participants. Both dispositional and situational self-reported sympathy were positively related to helping, as were other personality indices viewed as reflecting altruistic characteristics. The relations for the dispositional indices of sympathy were not due solely to social evaluative concerns or to other egoistic concerns. The effects on intended helping of dispositional sympathy, perspective taking, and the tendency to ascribe responsibility for others to the self appeared to be both direct and mediated by situational sympathetic responding. Finally, situational sadness did not mediate the effects of sympathetic responsiveness.