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.     

Suggestiveness in photospread line-ups: Similarity induces distinctiveness

The present research examined whether line-ups based on target (‘suspect’) face similarity are biased or suggestive. Four experiments are described in which subjects constructed photographic line-ups by selecting foils similar in appearance to a target. Later, another group of subjects who had not seen the faces before (mock witnesses) were asked to pick out the targets from the line-ups. All four experiments showed that mock witnesses selected the target significantly more often than expected by chance, thereby demonstrating suggestiveness. Three alternative line-up construction methods were also evaluated. In these methods, foil selection was based not only on target similarity but also on similarity with one or more of the other line-up faces. Results showed that alternative line-up targets were not selected significantly more often than chance, suggesting that bias was reduced. An overall analysis showed that the alternative line-ups were significantly less suggestive than target-based line-ups. The results indicate that foil selection procedures that incorporate foil-to-foil similarity produce fairer line-ups than those exclusively based on target similarity.     

Just health care (II): Is equality too much?

In a previous essay I criticized Engelhardt's libertarian conception of justice, which grounds the view that society's obligation to assure access to adequate health care for all is a matter of beneficence [1]. Beneficence fails to capture the moral stringency associated with many claims for access to health care. In the present paper I argue that these claims are really matters of justice proper, where justice is conceived along moderate egalitarian lines, such as those suggested by Rawls and Daniels, rather than strong egalitarian lines. Further, given the empirical complexity associated with the distribution of contemporary health care, I argue that what we really need to address the relevant policy issues adequately is a theory of health care justice, as opposed to an all-purpose conception of justice. Daniels has made an important start toward that goal, though there are some large policy areas which I discuss that his account of health care justice does not really speak to. Finally, practical matters of health care justice really need to be addressed in a ‘non-ideal’ mode, a framework in which philosophers have done little.     

Work site group meetings and the effectiveness of a televised smoking cessation intervention

At the work site, smoking accounts for increased health care expenses and worker absenteeism due to smoking-related illness and reduced productivity and lost wages. Developing comprehensive and accessible smoking cessation programs at the work site is an important objective for health care professionals. In this study, employees of 43 corporations participated in a televised smoking cessation program accompanied by self-help manuals. The media component involved presenting a smoking cessation program on a network television affiliate station during the 4:30 p.m. and 10:00 p.m. news for 20 days. Employees at half the corporations also had access to semiweekly self-help group meetings. Adding self-help support groups to a program involving self-help manuals and the media reports was found to significantly increase abstinence and its maintenance over time. The implications of using the media, self-help groups, and work site locations in large-scale community-based interventions are discussed.     

Specific language impairment in children: A cross-linguistic study

A common profile in English-speaking specifically language-impaired children is a moderate deficit across a broad range of linguistic features and a more marked, selective impairment in using bound morphemes and components of the verb system. To gain a clearer understanding of the nature of these more serious problems, we examined the speech of monolingual Italian-speaking as well as English-speaking children with specific language impairment. The evidence suggested that phonological factors contributed significantly to these children's extraordinary problems with particular linguistic features. Contrary to expectations, other marked deficits seemed more related to the opacity of the rules involved and homonymity with other morphemes than to problems with formal grammatical devices in general or components of the verb system in particular.     

The effects of perceptual set on the shape and apparent depth of subjective contours

Two experiments showed the influence of perceptual set on the perception of subjective contours. In the first, the perceived shape of a subjective-contour figure (a minimal version of the Ehrenstein configuration) was varied by altering the observer’s viewing set. The second experiment showed that apparent depth emerged in subjective-contour figures when observers were set to perceive the illusory contours.