‘The witness who saw, /he left little doubt’: a comparative consideration of expert testimony in mental disability law cases in common and civil law systems

The question of how courts assess expert evidence—especially when mental disability is an issue—raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The paper details threats to competent expert testimony in a comparative law context—in both the common law (involuntary civil commitment laws and risk assessment criminal laws) and, more briefly, civil law. We conclude that teleology, pretextuality, and sanism have an impact upon judicial decision making in both the common law and civil law. Finally, we speculate as to whether the new United Nations Convention on the Rights of Persons with Disabilities is likely to have any impact on practices in this area. Copyright © 2009 John Wiley & Sons, Ltd.     

Composition as Identity Does Not Entail Universalism

Composition as Identity is the view that, in some sense, a whole is numerically identical with its parts. Compositional universalism is the view that, whenever there are some things, there is a whole composed of those things. Despite the claims of many philosophers, these views are logically independent. Here, I will show that composition as identity does not entail compositional universalism.     

How Abusive Supervision Affects Workplace Deviance: A Moderated-Mediation Examination of Aggressiveness and Work-Related Negative Affect

Purpose

This research examines the linking mechanisms and conditional processes underlying the abusive supervision and workplace deviance relationship. Based primarily on Affective Events Theory, it was hypothesized that work-related negative affect would mediate the relationship between abusive supervision and workplace deviance, and that this indirect effect would be moderated by employee-based and organization-based aggressiveness.

Design/Methodology/Approach

Two independent studies were conducted, including diverse working samples and multi-wave data, to test these relationships through mediation and moderated-mediation bootstrapping procedures.

Findings

Both studies suggest that work-related negative affect mediates the abusive supervision and workplace deviance relationship. Mixed findings were found for the moderating effect of employee-based and organization-based aggressiveness. In Study 1 higher levels of employee-based aggressive beliefs and attitudes increased the magnitude of the indirect effect; however, in Study 2 when taking into account organization-based aggressive norms only the facet of social discounting bias increased this relationship. In Study 2 higher levels of organization-based aggressive norms also increased the magnitude of the indirect effect for supervisor-directed deviance.

Implications

Theoretical and practical implications of these findings suggest a movement toward an emotion-centered process-based theory of workplace deviance.

Originality/Value

A central question in organizational behavior research revolves around what drives employees to engage in various workplace behaviors. Replicating research that suggests abusive supervision is an important factor in this question, this research helps illuminate the processes underlying this perception-to-behavior link, as well as the boundary conditions of these processes.

     

Imagery,concreteness, goodness,and familiarity ratings for 500 proverbs sampled from theOxford Dictionary of English Proverbs

Partly in order to facilitate research on the relation between some standard psychological variables, we gathered normative data on 500 proverbs sampled from theOxford Dictionary of English Proverbs (Wilson, 1970). The scales for which we gathered data are imagery, concreteness, goodness , and familiarity. These norms may be of value to researchers who wish to sample linguistic units larger than the word from a set that contains an extensive number of unfamiliar and familiar items. To illustrate the possible uses to which these data may be put, we presented a causal model of the relation between the four variables mentioned above.     

APPLICATIONS OF A SEQUENTIAL ALTERNATING TREATMENTS DESIGN

We propose the use of a combined version of the alternating treatments and multiple baseline designs in situations in which a traditional baseline (no treatment) condition either does not provide an adequate contrast condition or is not feasible or practical due to clinical constraints. We refer to this design as a sequential alternating treatments design because two treatments are initially implemented in a random or counterbalanced fashion and are followed by a sequential change in one or both treatments across settings, subjects, or tasks. The effects of the independent variables are assessed first by analyzing the two series of data points representing the different treatments (relative effects) and then by assessing changes in one or both series, as application of the alternative treatment is introduced sequentially. The sequential application of treatment provides an analysis of control in the same manner as the multiple baseline design; the initial alternating treatments phase provides a contrast condition in much the same manner as a baseline condition. Applications of this design to the assessment of peer training and self-injurious behavior are described.     

Female attractiveness and eating disorders: Do children's television commercials play a role?

The differential rate of eating disorders in males and females has been partially attributed to gender socialization. Media influences, even in children's programming, may contribute to the greater emphasis on physical attractiveness for girls compared to boys. Commercials from Saturday morning cartoon programming were analyzed for the number of male/female main and supporting characters, sex of narrator, sex of intended consumer, and appearance enhancement of person, doll, or animal. A majority of the commercials (60.6%) were for food products. Chi-square comparisons revealed significantly more male than female main characters and narrators in these commercials. Of those commercials (13.8%) scored for appearance enhancement, all male/female chi-square comparisons were significant with more female supporting characters, female main characters, female narrators, and female consumers. With the combined emphases on food and, for girls, on appearance, support for possible influences of commercials in eating disorders is noted.     

Building blocks of idea generation and implementation in teams: A meta-analysis of team design and team creativity and innovation

Although organizations increasingly rely on teams to innovate, little systematic knowledge exists about how to design teams to do so. Building on the model of collaborative creativity and innovation and synthesizing findings from published and unpublished studies, this meta-analysis examines the role of team design on team creativity and innovation. We used random-effects meta-analysis to cumulate the correlations between different features of team design and team creativity or team innovation from 134 field studies representing 11,353 teams and 35 studies representing 2,485 student teams. We found that team tenure is curvilinearly related, autonomy-supportive leadership, task interdependence, and goal interdependence are positively related, and demographic diversity and team size are unrelated to team creativity and innovation. Examining meta-analytic path models, we found that task interdependence and supportive leadership positively relate to team creativity and innovation via team collaboration and team potency. In accounting for the literature, we found a dearth of studies examining team processes, some types of diversity such as racial diversity, and the role of team member turnover. We conclude by providing directions for future research and practical guidance about increasing team creativity and innovation through team design.     

The effects of perceived phenotypic racial stereotypicality and social identity threat on racial minorities’ attitudes about police

This study examines the role of perceived phenotypic racial stereotypicality and race-based social identity threat on racial minorities’ trust and cooperation with police. We hypothesize that in police interactions, racial minorities’ phenotypic racial stereotypicality may increase race-based social identity threat, which will lead to distrust and decreased participation with police. Racial minorities (Blacks, Latinos, Native Americans, and multi-racials) and Whites from a representative random sample of city residents were surveyed about policing attitudes. A serial multiple mediation model confirmed that racial minorities’ self-rated phenotypic racial stereotypicality indirectly affected future cooperation through social identity threat and trust. Due to the lack of negative group stereotypes in policing, the model did not hold for Whites. This study provides evidence that phenotypic stereotypicality influences racial minorities’ psychological experiences interacting with police.     

The functions and value of reminiscence for older adults in long-term residential care facilities

For the many older adults living in long-term care facilities, the ability to connect with others, as well as with one’s own personal past, may be of particular value. Reflecting on the past and sharing reminiscences with others serves different psychosocial functions in various settings. This study examined the functions of reminiscence for long-term care residents in the United States (M_age?=?86.5) by addressing the self-reported frequency of reminiscence, the counterparties involved, the overall purpose and value of reminiscence, and the relation to residents’ mental health and well-being. Results demonstrated that although some functions of reminiscence were comparable to those found in community-dwelling older adults, others were unique to the long-term care setting. Residents were most likely to reminisce alone and they found the experience enjoyable. They reported engaging in and enjoying reminiscence with family more than with fellow residents, and a subset desired increased opportunities to share memories with healthcare providers. Residents with lower morale and more depressive symptoms were more likely to engage in unhealthy styles of reminiscence. These findings suggest that interventions shaping reminiscence encounters may have positive outcomes for long-term care residents.