Placebo and criminal law

This article considers issues concerning cases where the use of placebo is lawful or is not lawful under aspects of German criminal law. It will differentiate between cases of individual therapy and cases of supervised experiments within the scope of medical tests. Thereby, it reveals that a medication of placebo with regard to an individual patient seems to be lawful if there is no alternative possibility of a better treatment using a chemically effective medicine and if the limits of presumed consent are complied with. On the other hand, in the context of the supervised experiment, the assignment of a patient to a group treated with placebo is only lawful if the patient has been fully informed about the possibilities of a treatment and if the patient has given consent to it. An earlier version of this paper was presented at an international conference, “Placebo: Its Action and Place in Health Research Today,” held in Warsaw, Poland on 12–13 April, 2003. The author’s interests include International Criminal Law, Comparative Criminal Law and Philosophy of Law.     

Informed consent and the use of placebo in poland: Ethical and legal aspects

The concept of informed consent was one of the most fruitful ideas that deeply changed the relationships between physicians and their patients from paternalism to respect for the personal autonomy of subjects needing professional medical care. The great progress in medicine, also involving the pharmaceutical industry, has created an increasing need to perform different clinical and experimental trials. The evolution of clinical research in the last decades has influenced strongly the design of these studies. One of the most important changes in this field has been the use of placebo groups in double-blind controlled studies. The controversies have involved not only the use of placebo when standard or proven treatment was available, but also some specific problems concerning the procedure of obtaining informed consent in such trials. This paper briefly presents the evolution of informed consent in Poland as well as different ethical and legal problems concerning informed consent and the use of placebo controls in clinical trials. An earlier version of this paper was presented at an international conference, “Placebo: Its Action and Place in Health Research Today,” held in Warsaw, Poland on 12–13 April, 2003.     

Functional analysis and treatment of inappropriate sexual behavior

The results of a functional analysis showed that inappropriate sexual behaviors exhibited by a 9-year-old boy who had been diagnosed with traumatic brain injury were maintained by positive reinforcement in the form of social attention. An intervention consisting of functional communication training and extinction resulted in reduced levels of inappropriate sexual behaviors.     

Sex,Sexual Orientation,and Sexism: What Influence Do These Factors Have on Verdicts in a Crime-of-Passion Case?

ABSTRACT

This study investigated the influence of defendant sex, sexual orientation, and participant sex on perceptions of a crime-of-passion. An online sample of 458 individuals read a scenario describing a homicide and provided judgments of verdict, sentence length, legal elements, and sexism. We hypothesized heterosexual female defendants would most likely receive a verdict of manslaughter, be found less guilty, and receive shorter sentences. We were also interested in whether benevolent sexism would contribute to defendant culpability decisions. Lastly, perceptions of legal elements for manslaughter (e.g., great provocation) and murder (e.g., intentionality of actions) were explored. Results demonstrated heterosexual female defendants were less guilty and received the shortest sentences. Also, heterosexual defendants were most likely to meet the manslaughter legal elements. Benevolent sexism contributed significantly to guilt perceptions.     

Do State Laws Concerning Homosexuals Reflect the Preeminence of Conservative-Liberal Individual Differences?

ABSTRACT

The present study was conducted to determine whether individual-level correlates of sexual prejudice (i.e., conservatism-liberalism, religious fundamentalism, educational levels, urbanism, income, and living in the South) are predictive at the state level of laws restricting homosexual behaviors and desires. Criterion 1 was a multifaceted index of state laws concerning gay men and lesbians; Criterion 2 was an index of state laws regarding same-sex partnerships. Multiple regression strategies showed that state conservatism-liberalism, as determined from the responses of 141,798 individuals aggregated at the state level (Erikson, Wright, & McIver, 1993 Erikson, R. S., Wright, G. C. and McIver, J. P. 1993. Statehouse democracy: Public opinion and policy in the American states, New York, NY: Cambridge University Press.  [Google Scholar]), was the prime state-level predictor of both criteria. For Criterion 1, only Southern state status accounted for additional variance (4.2%) above the 54.8% already accounted for by conservatism-liberalism. For Criterion 2, no other variables accounted for variance beyond the 44.6% accounted for by state conservatism-liberalism.     

X-rated material and perpetration of sexually aggressive behavior among children and adolescents: is there a link?

Longitudinal linkages between intentional exposure to x-rated material and sexually aggressive behavior were examined among youth 10-15 year olds surveyed nationally in the United States. At Wave 1 in 2006, participants (n = 1,588) were queried about these exposures and outcomes in the preceding 12 months. Wave 2 data (n = 1,206) were collected approximately 12 months after Wave 1 and Wave 3 data (n = 1,159) were collected approximately 24 months after Wave 1. Thus, data for this project represent a 36-month time frame. A marginal model with generalized estimating equations was used to represent the population-average odds of sexually aggressive behavior over the 36 months as a function of exposure to x-rated material over the same time and to account for clustering in the data within person over time. An average of 5% of youth reported perpetrating sexually aggressive behavior and 23% of youth reported intentional exposure to x-rated material. After adjusting for other potentially influential proximal (i.e., sexual aggression victimization) and distal characteristics (e.g., substance use), we found that intentional exposure to violent x-rated material over time predicted an almost 6-fold increase in the odds of self-reported sexually aggressive behavior (aOR: 5.8, 95% CI: 3.2, 10.5), whereas exposure to nonviolent x-rated material was not statistically significantly related (aOR: 1.7, 95% CI: 0.94, 2.9). Associations were similar for boys and girls (boys nonviolent x-rated material aOR = 2.0, 95% CI: 0.8, 4.7; violent x-rated material aOR = 6.5, 95% CI: 2.7, 15.3; girls nonviolent x-rated material aOR = 1.2, 95% CI: 0.5, 3.2; violet x-rated material aOR = 6.1, 95% CI: 2.5, 14.8).     

Public house patrons' engagement in hypothetical sexual assault: a test of Alcohol Myopia Theory in a field setting

Previous research has found that drinking establishments are often antecedent to sexual aggression outcomes. In this study, male participants were randomly selected from public houses (i.e., "pubs") and asked to imagine themselves in a hypothetical intimate encounter in which the female in the scenario stops consenting to sexual contact. Participants were given the option to continue making sexual advances up to and including sexual intercourse against the woman's will. It was hypothesized based on Alcohol Myopia Theory that participant blood alcohol concentration (BAC) levels would be associated with hypothetical sexual aggression when stereotypical cues of a woman's sexual availability (revealing clothing and alcohol use) were present in the scenario. Men's engagement in hypothetical sexual aggression was associated with BAC levels, but only when the woman was wearing revealing clothing. The sobriety of the female actor was not associated with sexual aggression. Results indicate that Alcohol Myopia Theory generalizes to a field setting.     

Examining the Use of Sex to Cope in a Forensic Sample

The authors examined differences between sexual and mentally disordered offenders on the Coping Using Sex Inventory. Sexual offenders were more likely to use sex to cope with negative life events but did not use all forms of deviant sexual activity.     

College students' search for sexual health information from their best friends: An application of the theory of motivated information management

Guided by the theory of motivated information management, this study investigated the extent to which Singaporean college students' sexual health information‐seeking behaviour could be accounted for by their anxiety of uncertainty discrepancy, their perceived outcomes of information seeking and their perceived confidence in seeking and coping with sexual health information acquired from their best friends. Taking into account that issue relevance may play a role in individuals' health decision‐making, this study also examined the effect of perceived vulnerability on respondents' sexual health information‐seeking behaviour. An online survey was conducted with 202 undergraduate students at a university in Singapore. Respondents were asked to report the frequency with which they sought four types of sexual health information from their best friends: unwanted pregnancy, abortion, HIV/AIDS and other sexually transmitted infections. Survey data showed that respondents' uncertainty discrepancy was positively associated with their anxiety. Anxiety had negative effects on efficacy and outcome expectancy. Outcome expectancy was positively associated with efficacy. Both efficacy and perceived vulnerability accounted for a significant amount of variance in respondents' sexual health information‐seeking behaviour. Findings from this study contribute to a better understanding of young adults' sexual health information behaviour in a Singapore context.