Plea bargaining recommendations by criminal defense attorneys: evidence strength, potential sentence, and defendant preference

Although most criminal cases are disposed of through the process of plea bargaining, little research has focused on this process, and that research has focused on two variables: probability of conviction and potential sentence. This study examined the plea bargaining process from the perspective of the criminal defense attorney and expands prior research by including a third variable: defendant preference regarding plea. Attorney participants (N = 186) responded to a survey containing a vignette presented in a 2 x 2 x 2 between-subjects design, in which there was systematic manipulation of the following three variables in the context of criminal litigation: likelihood of conviction based on the strength of evidence, defendant preference regarding plea, and potential sentence if convicted. All of these variables were considered important to criminal defense attorneys, and how these variables significantly interacted with each other is explained. We discuss these findings in light of past research and theory that suggested attorneys make plea recommendations according only to probability of conviction and potential sentence, and we discuss implications and directions for future research.     

RELIGIOUS HYPOTHESES AND THE APOPHATIC,RELATIONAL THEOLOGY OF CATHERINE KELLER

In one of its most urgent folds, Catherine Keller's Cloud of the Impossible juxtaposes negative theology with relational theology for the sake of thinking constructively about today's global climate of religious conflict and ecological upheaval. The tension between these two theological approaches reflects her desire to unsay past harmful theological speech but also to speak into the present silences about the (perhaps im)possibility of a future that is not only to be feared. Suffusing Keller's Cloud is the related (perhaps im)possibility of living out one's life in conversation with a religious tradition having accepted the nonknowing character of its wisdom. Here, I develop the notion of “hypothetical faith” as an epistemic posture that commits itself to some particular religious tradition even as it acknowledges the unverifiability of that tradition's deepest truths. Understood as operating at the opposite end of the testability spectrum from science, religion‐as‐hypothesis provides a way of saying and unsaying one's tradition at the same time.     

Methodological Rigor in Journal of Counseling & Development Qualitative Research Articles: A 15‐Year Review

The authors conducted a content analysis on the type, frequency, and intensity of use of various indicators of rigor for 68 qualitative research articles published between 1999 and 2014 in the Journal of Counseling & Development. The authors identified the most frequently listed and implemented strategies for the research articles. The authors found a significant engagement in rigor strategies across time, variations in intensity in strategy use, and a significant positive relationship between intensity of strategy use across time.     

A Taxometric Analysis of Experiential Avoidance

Experiential avoidance, a trait-like construct referring to the tendency to rigidly avoid or change unpleasant internal experiences stemming from an unwillingness to experience them, is believed to contribute to the development and maintenance of various forms of psychopathology. Despite significant research on this construct, it remains unclear whether experiential avoidance is dimensional or categorical at the latent level. The current study examined the latent structure of experiential avoidance using three taxometric analytic approaches (MAXimum Eigenvalue, Mean Above Minus Below A Curve, Latent-Mode Factor Analysis) applied to data from two independent samples and using three widely used measures of experiential avoidance. The first sample (n = 922) completed the Multidimensional Experiential Avoidance Questionnaire (Gámez, Chmielewski, Kotov, Ruggero, & Watson, 2011), while the second sample (n = 615) completed the Brief Experiential Avoidance Questionnaire (Gámez et al., 2014) and Acceptance and Action Questionnaire-II (Bond et al., 2011). Across both samples and all three measures, experiential avoidance exhibited a dimensional structure. The clinical and research implications of this finding for experiential avoidance are discussed.     

Not Simply in the Eye of the Beholder: Authenticity as a Product of Candidate Preference and Unfettered Speech

Authenticity has emerged over recent decades as a prominent theme in both the press and in political research—and peaked in the 2016 presidential contest that pitted Donald Trump against Hillary Clinton, Bernie Sanders, Marco Rubio, and Ted Cruz. In this context, we attempted to answer the question: How do voters judge a presidential candidate's authenticity? Here we use motivated reasoning and correspondent inference theory as theoretical frameworks to examine how partisan preference combines with perceptions of unfettered speech and strategic impression management to influence voter judgments of a candidate's authenticity. An online survey of 525 respondents demonstrated that individuals' partisan preferences influenced both judgments of a candidate's authenticity and their perceptions of behaviors signifying authenticity (use of unfettered speech versus strategic impression management). These behavioral signals partially mediated the relation between candidate preferences and authenticity judgments. Moreover, voters, given their partisan preferences, differentially weighted candidates' use of unfettered speech and strategic impression management tactics in their judgments of authenticity. Finally, unfiltered/politically incorrect speech was found to have both positive and negative effects on authenticity judgments. Findings further elucidate the nature of authenticity as perceived in others and identify intermediary variables and boundary conditions that influence those perceptions.     

Cost Analysis of Integrated Behavioral Health in a Large Primary Care Practice

A residency-based Family Medicine outpatient clinic chose to implement an integrated behavioral health care program in a large primary care clinic in the Southeast to improve patient access to behavioral health care. We hypothesized that embedding a BHP in a primary care setting would be a cost neutral intervention. We implemented a prospective cohort design and included expenses from both inpatient and outpatient visits. We implemented a mixed effects linear regression model to evaluate pre- and post-BHP exposure costs. A total of 1256 patients were identified in the post-BHP exposure period that had more than one-year post-exposure. After applying exclusion criteria, there were 926 patients included in analysis. These patient had an average total cost during the one-year pre-BHP exposure period of $5113 (SD = 7712) and one-year post-BHP exposure period of $5462 (SD = 7813). Our analysis shows a relatively cost neutral impact following the introduction of BHPs in a primary care setting. The results of this study provide a gauge for future planning of services.

     

Performance gains from directed training do not transfer to untrained tasks

Given the increasing complexity of the tasks and skills needed in modern society, developing effective training strategies is of tremendous practical importance. Furthermore, training that improves performance of both trained and untrained tasks would be highly efficient. In the present study, we examined how directed training contributes to skill acquisition, and more importantly, to engendering transfer of training to untrained tasks. Participants learned a complex video game for 30 h (Space Fortress, Donchin, Fabiani, & Sanders, 1989) using one of two training regimens: Hybrid Variable-Priority Training (HVT), with a focus on improving specific skills and managing task priority, or Full Emphasis Training (FET) in which participants simply practiced the game to obtain the highest overall score. We compared game performance, retention of training gains, and transfer of training to untrained tasks as a function of the training regimen. Compared to FET, HVT learners reached higher levels of mastery on the game and HVT was particularly beneficial for initially poor performing participants. This benefit persisted seven months after training. However, contrary to expectation, both HVT and FET were unsuccessful in producing transfer to untrained tasks compared to a group that received limited game experience, suggesting that directed training and practice can produce task-specific improvements, but improvements do not necessarily transfer from trained to untrained tasks.     

New considerations for the cognitive locus of impairment in the irrelevant-sound effect

The finding that serial recall performance for visually presented items is impaired by concurrently presented task-irrelevant speech or sounds is referred to as the irrelevant-speech/-sound effect (ISE). Substantial evidence has indicated that the impairment of serial rehearsal can result in an ISE, and this may be explained by several models. The present series of experiments has demonstrated an ISE in surprise nonserial recognition tasks in which participants were unaware of the need to maintain a large number of visual items for a later memory test, suggesting that neither the rehearsal nor maintenance of order information is necessary for observing the ISE. This effect was observed for both steady-state and changing-state irrelevant sounds, suggesting that the present results do not derive from a confusion of order information, but instead provide evidence that identity representations can also be impaired by irrelevant sound.