Law Commons^™

Consent Searches And Underestimation Of Compliance: Robustness To Type Of Search, Consequences Of Search, And Demographic Sample, Roseanna Sommers, Vanessa K. Bohns

Articles

Most police searches today are authorized by citizens' consent, rather than probable cause or reasonable suspicion. The main constitutional limitation on so-called “consent searches” is the voluntariness test: whether a reasonable person would have felt free to refuse the officer's request to conduct the search. We investigate whether this legal inquiry is subject to a systematic bias whereby uninvolved decision-makers overstate the voluntariness of consent and underestimate the psychological pressure individuals feel to comply. We find evidence for a robust bias extending to requests, tasks, and populations that have not been examined previously. Across three pre-registered experiments, we approached participants …

Impact Of Forensic Medical Evaluations On Immigration Relief Grant Rates And Correlates Of Outcomes In The United States., Holly G. Atkinson, Katarzyna Wyka, Kathryn Hampton, Christian Seno, Elizabeth Yim, Deborah Ottenheimer, Nermeen Arastu

Publications and Research

The purpose of this study was to investigate the impact of forensic medical evaluations on grant rates for applicants seeking immigration relief in the United States (U.S.) and to identify significant correlates of grant success. We conducted a retrospective analysis of 2584 cases initiated by Physicians for Human Rights between 2008-2018 that included forensic medical evaluations, and found that 81.6% of applicants for various forms of immigration relief were granted relief, as compared to the national asylum grant rate of 42.4%. Among the study’s cohort, the majority (73.7%) of positive outcomes were grants of asylum. A multivariable regression analysis revealed …

The Aftermath Of Sexual Assault: Creating The "I Am More Than My Experience" Workbook, Isabella Chung

Calvert Undergraduate Research Awards

The following thesis includes a literature review of the immediate and long-term effects of sexual assault on victims in regards to their physical, mental, and emotional health and romantic relationships, followed by a proposed workbook for sexual assault victims/survivors. Being that typical responses immediately after an assault are fear, disbelief, and activation of the sympathetic nervous system, it is to no surprise that long term issues of depression, anxiety, and Posttraumatic Stress Disorder (PTSD) often arise as well. Thus, a workbook was created with the intention of educating readers about sexual assault and helping victims/survivors to heal from the trauma …

Nutrition Risk And Validation Of An Hiv Disease-Specific Nutrition Screening Tool In Ghana, Lauri Wright, Maxwell Bisala Konlan, Laurene Boateng, James B. Epps

Mental Health Law & Policy Faculty Publications

Objectives: The objectives of this study were to assess the nutritional status and the most commonly reported nutrition-related factors contributing to nutritional risk in people living with HIV/AIDS (PLWHA) in Ghana and the specificity and sensitivity of the Rapid Nutrition Screening for HIV disease tool (RNS-H) in this population.

Design: A cross-sectional design was utilised. Patients were screened for nutritional status during a one-week period by clinic nurses using the RNS-H. Results were compared with a comprehensive nutritional assessment by a dietitian.

Setting: The research was conducted in a public health clinic at the University of Ghana Hospital, Legon.

Subjects: …

Changing The Subject Of Sati, Deepa Das Acevedo

Faculty Articles

Charan Shah's 1999 death was widely considered to be the first sati, or widow immolation, to have occurred in India in over twenty years. Media coverage of the event focused on procedural minutiae-her sari, her demeanor-and ultimately, several progressive commentators came to the counterintuitive conclusion that the ritually anomalous nature of Charan's death confirmed its voluntary, secular, and noncriminal nature. This article argues that the "unlabeling" of Charan's death, like those of other women between 1999 and 2006, reflects a tension between the nonindividuated, impervious model of personhood exemplified by sati and the particularized citizen-subject of liberal-democratic politics in India.

The Effects Of Criminal Embeddedness On School Violence In Brazil, Elenice De Souza De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Silvio Segundo Salej Higgins

Department of Justice Studies Faculty Scholarship and Creative Works

This study examines the influence of criminal embeddedness on the intensity of criminal behavior among primary and secondary school students in a large Brazilian city. A database conceived by the Center for the Study of Crime and Public Security at the Federal University in Minas Gerais is used to analyze the involvement of youths displaying delinquent behavior at home or at school and how school performance and peer relationships are effected. Based on differential association and learning theories, the main hypotheses are (1) the greater the criminal embeddedness, the lower the degree of school satisfaction as well as future expectation …

Logistic And Structural Considerations For The Use Of Psychological First Aid In Humanitarian Emergencies, Taylor Johnson

Independent Study Project (ISP) Collection

Following the IASC recommendations for implementation of psychological first aid (PFA) in 2007, providing PFA in humanitarian emergencies as a method of psychosocial support has become one of the standard interventions in the wake of crises. However, the impact of PFA on future mental health outcomes remains largely unstudied and many structural and logistic factors (e.g. training of PFA providers, reviewing evidence to inform practice, and policy considerations) must be managed in order to ensure appropriate, high-quality PFA in humanitarian emergencies. This research aims to synthesize both primary interview data and the existing literature surrounding PFA in humanitarian emergencies to …

Pensaba Que Te Había Olvidado: El Daño Duradero De La Trauma Que Viene De Tortura En La Dictadura Chilena, Antonia Mcdonnell Capossela

Independent Study Project (ISP) Collection

Research question: Is there a more useful model to characterize the torture that was implemented in Chile using the context of theory and history to establish an in-depth understanding of the symptomology and effects of the experience of torture survivors?

Objective: The general objective of this study is to establish the origin of the methods of torture used during the Pinochet dictatorship and use these results to suggest a model of reparations that is more wholistic. The specific objectives are to understand the intervention and instruction by the CIA in Chile, to study the testimonies of torture during the dictatorship …

Brief Of Amicus Curiae 290 Criminal Law And Mental Health Law Professors In Support Of Petitioner's Request For Reversal And Remand, Kahler V. Kansas, 18-6135 (U.S. June 6, 2019), Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

Amici curiae are a group of philosophically and politically diverse law school professors and scholars in the fields of criminal law and mental health from a variety of disciplines who have been teaching and writing about the insanity defense and related issues throughout their careers. They include the authors of leading criminal law and mental health law treatises and casebooks and numerous important scholarly books and articles.

Amici believe this case raises important questions about principles of criminal responsibility, the integral role of the insanity defense in Anglo-American law, and the inadequacy of the “mens rea alternative” to the traditional …

Neurohype And The Law: A Cautionary Tale, Stephen J. Morse

All Faculty Scholarship

This chapter suggests that for conceptual, empirical, and practical reasons, neuroscience in general and non-invasive brain imaging in particular are not likely to revolutionize the law and our conception of ourselves, but may make modest contributions to legal policy and case adjudication if the legal relevance of the science is properly understood.

Negative Voice-Content As A Full Mediator Of A Relation Between Childhood Adversity And Distress Ensuing From Hearing Voices, Cherise Rosen, Simon Mccarthy-Jones, Nev Jones, Kayla A. Chase, Rajiv P. Sharma

Mental Health Law & Policy Faculty Publications

A key predictor of whether or not an individual who hears voices (auditory verbal hallucinations; AVH) meets criteria for a psychiatric diagnosis is the level of negative content of the voices (e.g., threats, criticism, abuse). Yet the factors that contribute to negative voice-content are still not well understood. This study aimed to test the hypotheses that levels of childhood adversity would predict levels of negative voice-content, and that negative voice-content would partially mediate a relation between childhood adversity and voice-related distress. These hypotheses were tested in a clinical sample of 61 patients with formally diagnosed psychotic disorders (48 schizophrenia …

Developing An Opioid Use Disorder Treatment Cascade: A Review Of Quality Measures, Arthur Robin Williams, Edward V. Nunes, Adam Bisaga, Harold A. Pincus, Kimberly A. Johnson, Aimee N. Campbell, Remien Remien, Stephen Crystal, Peter D. Friedmann, Frances R. Levin, Mark Olfson

Mental Health Law & Policy Faculty Publications

Background: Despite increasing opioid overdose mortality, problems persist in the availability and quality of treatment for opioid use disorder (OUD). Three FDA-approved medications (methadone, buprenorphine, and naltrexone) have high quality evidence supporting their use, but most individuals with OUD do not receive them and many experience relapse following care episodes. Developing and organizing quality measures under a unified framework such as a Cascade of Care could improve system level practice and treatment outcomes. In this context, a review was performed of existing quality measures relevant to the treatment of OUD and the literature assessing the utility of these measures in …

Where's Dad? The Importance Of Integrating Fatherhood And Parenting Programming Into Substance Use Treatment For Men, Carla Smith Stover, Melissa Carlson, Sarika Patel, Raquel Manalich

Mental Health Law & Policy Faculty Publications

Large numbers of men enter substance use disorder treatment each year, yet very little attention is paid to the fatherhood and parenting status of these men. Substance use treatment programmes for men rarely incorporate a parenting component into their treatment planning, despite the increased success of women's treatment programmes that focus on gender and motherhood. This paper provides: (1) a review of the literature on the fathering of substance‐using men, what has been learned from substance use disorder treatment for mothers, and the implications for children and families; (2) pilot quantitative and qualitative outcomes resulting from the implementation of a …

A Model For Rigorously Applying The Exploration, Preparation, Implementation, Sustainment (Epis) Framework In The Design And Measurement Of A Large Scale Collaborative Multi-Site Study, Jennifer E. Becan, John P. Bartkowski, Danica K. Knight, Tisha R. A. Wiley, Ralph Diclemente, Lori Ducharme, Wayne N. Welsh, Diana Bowser, Kathryn Mccollister, Matthew Hiller, Anne C. Spaulding, Patrick M. Flynn, Andrea Swartzendruber, Megan F. Dickson, Jacqueline Horan Fisher, Gregory A. Aarons

Center on Drug and Alcohol Research Faculty Publications

Background

This paper describes the means by which a United States National Institute on Drug Abuse (NIDA)-funded cooperative, Juvenile Justice-Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS), utilized an established implementation science framework in conducting a multi-site, multi-research center implementation intervention initiative. The initiative aimed to bolster the ability of juvenile justice agencies to address unmet client needs related to substance use while enhancing inter-organizational relationships between juvenile justice and local behavioral health partners.

Methods

The EPIS (Exploration, Preparation, Implementation, Sustainment) framework was selected and utilized as the guiding model from inception through project completion; including the …

Education Institutions Creation Of Partnerships, Iwasan D. Kejawa Ed.D

Department of Educational Administration: Faculty Publications

This issue is embracing the creation of partnerships with establishments worldwide for the provisions of life embodiments to graduates. At moment, there may be lack of friendship or partnership with establishments to create incentives for newly graduates of so many colleges and universities (Hirsh & Weber, 1999). Partnership with external companies will surely bring enormous grants to the colleges and universities and it will also encourage friendly establishments to provide incentives and perks to colleges, universities and alumni. It may be concluded that the advantages of creating rapport with external congruences is the comraderies and also compromises that will be …

Exclusion Criteria And Generalizability In Bipolar Disorder Treatment Trials, Jessie J. Wong, Nev Jones, Christine Timko, Keith Humphreys

Mental Health Law & Policy Faculty Publications

Objective: The current paper reviews the English-language research on exclusion criteria in bipolar disorder treatment trials and discusses how study samples compare to the general bipolar patient population.

Methods: & Results: Across 8 identified studies of exclusion criteria and their impact, between 55% and 96% of people with bipolar disorder would be excluded from treatment research. The number of exclusion criteria varies across bipolar disorder treatment research, with one study estimate of a median of 7 criteria used across studies. The criteria that excluded the greatest number of potential participants were comorbid substance use disorder, suicidal risk, and comorbid medical …

The Duration Of Untreated Psychosis: A Phenomenological Study, Sarah R. Kamens, Larry Davidson, Emily Hyun, Nev Jones, Jill G. Morawski, Matthew M. Kurtz, Jessica Pollard, Gerrit Ian Van Schalkwyk, Vinrod Srihari

Mental Health Law & Policy Faculty Publications

Mounting evidence has indicated that early intervention leads to improved clinical and functional outcomes for young persons experiencing recent onset psychosis. As part of a large early detection campaign, the present study aimed to investigate subjective experiences during the duration of untreated psychosis (DUP), or time between psychosis onset and treatment contact. Participants were 10 young adults participating in early intervention services for psychosis. After DUP was estimated during standardized baseline assessment, participants engaged in qualitative interviews focused on their life experiences prior to treatment and leading up to the present. Mixed methods data analyses compared standardized DUP estimates with …

Wecan! A 12-Month Evaluation Of A Drug Court Treatment Program Serving Females Addicted To Prescription Drugs, Kathleen A. Moore, M. Scott Young

Mental Health Law & Policy Faculty Publications

Prescription drug abuse represents a national public health concern. This study reports on 12-month outcomes of a drug court treatment program for 102 female offenders addicted to prescription drugs. The program utilized two evidence-based treatment models (i.e., Motivational Enhancement Therapy/Cognitive Behavioral Therapy-12 and Seeking Safety). In addition, participants were required to attend monthly judicial reviews, weekly AA/NA groups, and two random drug screens per week. Participants were interviewed at baseline and 12-month follow-up. Analyses examined self-reported substance use, traumatic experiences, criminal justice involvement, readiness to change, and therapeutic alliance. Participants reported significant decreases in substance use, increased readiness to change, …

Mental Disorder And Criminal Justice, Stephen J. Morse

All Faculty Scholarship

This paper is a chapter that will appear in REFORMING CRIMINAL JUSTICE: A REPORT OF THE ACADEMY FOR JUSTICE BRIDGING THE GAP BETWEEN SCHOLARSHIP AND REFORM (Erik Luna ed., Academy for Justice 2018). The criminal law treats some people with severe mental disorders doctrinally and practically differently at virtually every stage of the criminal justice process, beginning with potential incompetence to stand trial and ending with the question of competence to be executed, and such people have special needs when they are in the system. This chapter begins by exploring the fundamental mental health information necessary to make informed judgements …

The Moderating Relationship Of Comorbid Psychopathology And Treatment Outcome For Young Adult Offenders In Drug Court, Patrick Mcgonigal, Kathleen A. Moore, Matthew Scott Young

Mental Health Law & Policy Faculty Publications

Title: The moderating relationship of comorbid psychopathology and treatment outcome for young adult offenders in drug court.

Background: The drug court system is an alternative to incarceration that provides offenders with non-violent, substance motivated crimes with an opportunity to dismiss their charges and undergo a rigorous substance abuse treatment program. It is unknown whether drug court is effective for young adult clients and the role of co-occurring psychopathology within this context.

Methods: This study evaluated the overall effectiveness of a drug court system applied to young adult offenders ages 18-26, and additionally explored the moderating relationship of psychiatric symptoms on …

Brief Of Amici Curiae Of 11 Addiction Experts In Support Of Appellee, Gene M. Heyman, Scott O. Lilienfeld, Stephen J. Morse, Sally L. Satel

All Faculty Scholarship

This brief is a critique of the brain disease model and many supposed implications of that model. It begins with a brief history of the model and moves to a discussion of the motivations behind the characterization of addiction as a “chronic and relapsing brain disease.” We follow with an enumeration of fallacious inferences based upon the brain disease model, including the very notion that addiction becomes a “brain disease” simply because it has neurobiological correlates. Regardless of whether addiction is labeled a brain disease, the real question, we contend, is whether the behavioral manifestations of addiction are unresponsive to …

Neuroscience In Forensic Contexts: Ethical Concerns, Stephen J. Morse

All Faculty Scholarship

This is a chapter in a volume, Ethics Challenges in Forensic Psychiatry and Psychology Practice, edited by Ezra E. H. Griffith, M.D. and to be published by Columbia University Press. The chapter addresses whether the use of new neuroscience techniques, especially non-invasive functional magnetic resonance imaging (fMRI) and the data from studies employing them raise new ethical issues for forensic psychiatrists and psychologists. The implicit thesis throughout is that if the legal questions, the limits of the new techniques and the relevance of neuroscience to law are properly understood, no new ethical issues are raised. A major ethical lapse …

Opinion: The Mental Health Parity And Addiction Equity Act: What Parity Means For New Hampshire, Lucy C. Hodder

Law Faculty Scholarship

[Excerpt] "New Hampshire lawyers can help clients and colleagues with mental health or substance use disorders by advising individuals how to overcome barriers to insurance coverage for treatment, and encouraging them to pursue state and federally mandated internal, external and expedited appeal opportunities when denied coverage."

Mental Health Courts And Sentencing Disparities, E. Lea Johnston, Conor P. Flynn

UF Law Faculty Publications

Despite the proliferation of mental health courts across the United States, virtually no attention has been paid to the criminal justice effects these courts carry for participants. This article provides the first empirical analysis of differential sentencing practices in mental health and traditional criminal courts. Using a case study approach, the article compares how Pennsylvania’s Erie County Mental Health Court and county criminal courts sentenced individuals who committed the same offenses and held the same average criminal history score. Information on the mental health court—including eligibility criteria, plea bargaining and sentencing procedure, sentencing policies, program length, graduation rates, likelihood of …

The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax

All Faculty Scholarship

A recent body of work in neuroscience examines the brains of people suffering from social and economic disadvantage. This article assesses claims that this research can help generate more effective strategies for addressing these social conditions and their effects. It concludes that the so-called neuroscience of deprivation has no unique practical payoff, and that scientists, journalists, and policy-makers should stop claiming otherwise. Because this research does not, and generally cannot, distinguish between innate versus environmental causes of brain characteristics, it cannot predict whether neurological and behavioral deficits can be addressed by reducing social deprivation. Also, knowledge of brain mechanisms yields …

Resource Guide For Addiction And Mental Health Care Consumers: Answering Questions About Insurance Coverage And Parity For Addiction And Mental Health Care Services, Lucy C. Hodder, Michele D. Merritt, Margaret H. Schmidt, Jacqueline Botchman, Caitlyn Ebert, Marguerite Corvini, Kate Crary, Bridget Drake

Law Faculty Scholarship

Navigating the maze of health insurance coverage can be difficult. For individuals with addiction or mental illness, the process of getting treatment approved and paid for by health insurance can be overwhelming. As a result, many people give up when their health insurance company denies coverage for needed services. This Guide can help people learn how to access health insurance and use their coverage to pay for treatment. This Guide also provides a basic explanation of consumers’ rights under the federal Mental Health Parity and Addiction Equity Act.

Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse

All Faculty Scholarship

This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the …

The Effects Of Allergies And Anaphylaxis On The Body And Mind: A Survey Of Opinions And Knowledge On These Disorders, Kathryn E. O'Brien

Honors Program: Student Scholarship & Creative Works

Despite common knowledge, allergies and anaphylaxis are considered disabilities. As such, these disorders affect the daily lives of those who have them, including one's mental health. In this paper, all the nuances of allergies and anaphylaxis will be discussed as the etiology and scientific aspects of allergies, anaphylaxis, and hypersensitivity are distinguished from one another. Furthermore, the findings are reported from two surveys; an assessment of how well educated and prepared teachers are for students with allergies and whether other students with food allergies have had similar experiences to the author's and those described in research by other studies concerning …

The Danger Zone: How The Dangerousness Standard In Civil Commitment Proceedings Harms People With Serious Mental Illness, Sara Gordon

Scholarly Works

Almost every American state allows civil commitment upon a finding that a person, as a result of mental illness, is gravely disabled and unable to meet their basic needs for food and shelter. Yet in spite of these statutes, most psychiatrists and courts will not commit an individual until they are found to pose a danger to themselves or others. All people have certain rights to be free from unwanted medical treatment, but for people with serious mental illness, those civil liberties are an abstraction, safeguarded for them by a system that is not otherwise ensuring access to shelter and …

Parsing The Behavioral And Brain Mechanisms Of Third-Party Punishment, Owen D. Jones, Matthew Ginther, Richard J. Bonnie, Morris B. Hoffman, Francis X. Shen, Kenneth W. Simons, Rene Marois

Vanderbilt Law School Faculty Publications

The evolved capacity for third-party punishment is considered crucial to the emergence and maintenance of elaborate human social organization and is central to the modern provision of fairness and justice within society. Although it is well established that the mental state of the offender and the severity of the harm he caused are the two primary predictors of punishment decisions, the precise cognitive and brain mechanisms by which these distinct components are evaluated and integrated into a punishment decision are poorly understood.

Using a brain-scanning technique known as functional magnetic resonance imaging (fMRI), we implemented a novel experimental design to …