Law Commons^™

Relation Of Antisocial And Psychopathic Traits To Suicide-Related Behavior Among Offenders, Kevin Douglas, Scott Lilienfeld, Jennifer Skeem, Norman Poythress

Norman Poythress

Offenders with antisocial traits are relatively likely to attempt suicide, largely because they are more likely to have high negative emotionality and low constraint. Among 682 male offenders, we tested whether negative emotionality, low constraint, and also substance use problems mediated any relationship between antisocial personality disorder (ASPD) and psychopathy on the one hand, and suicide-related behavior (SRB) and ideation on the other. ASPD and the impulsivity/lifestyle features of psychopathy weakly predicted SRB. High negative emotionality and low constraint (but not substance use) mediated the relation between ASPD and SRB. Impulsivity/lifestyle features of psychopathy retained an independent predictive effect. Self-report …

How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia

Lyrissa Barnett Lidsky

This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …

Creating Hope: Mental Health In Western Australian Maximum Security Prisons, Jennifer Fleming, Natalie Gately, Sharan Kraemer

Natalie Gately Dr

The status of prisoners’ mental health has wide-reaching implications for prison inmates, prison authorities and institutions, and the general community. This paper presents the mental health findings from the 2008 Health of Prisoner Evaluation (HoPE) pilot project in which 146 maximum security prisoners were interviewed across two prisons in Western Australia. Results revealed significant discrepancies across gender and Indigenous status regarding the history and treatment of mental health complaints, use of prescribed psychiatric medication, and experience of psychosocial distress. Illicit drug use and dependency, as well as patterns of self-harm and suicide are also reported. These findings highlight that imprisonment …

The Fall-Out From Emerging Technologies: On Matters Of Surveillance, Social Networks And Suicide, M.G. Michael, Katina Michael

M. G. Michael

No abstract provided.

The Fall-Out From Emerging Technologies: On Matters Of Surveillance, Social Networks And Suicide, M.G. Michael, Katina Michael

Professor Katina Michael

No abstract provided.

Suicide In Prisons: Overcrowding And The Need To Strengthen Suicide Watch Procedures, Emily A. Mahoney

Emily A Mahoney

Suicide rates for people in jails and prisons far exceed the suicide rates of the general public. Prison overcrowding has aggravated the problem of prisoner suicide by placing further stresses on prisoners without resources for psychological help. Currently, prisons deal with the risk of suicide by placing prisoners identified to be at risk of self harm on suicide watch. This paper examines the current practices in place for determining which prisoners are at risk for suicide and suggests ways that the process can be improved to reduce the risk of suicide among prisoners. Ultimately, these policies will have limited effectiveness …

Suicide, Law And Morality, Edward Rubin

Edward Rubin

Dear Editors,

The enclosed article argues that blanket prohibitions against assisted suicide are unconstitutional. This position has been advanced by a number of commentators, who have generally based their argument on the so-called right to die. From a constitutional perspective, however, this right can only be grounded on either substantive due process or the right of privacy, that is, the penumbra of the first eight amendments. While the argument isn’t necessarily wrong, it suffers from its reliance on aggressive and controversial interpretations of the constitutional text.

The position this article advances is that prohibitions against assisted suicide violate the First …

Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries

Stephanie D Humphries

In light of the Virginia Tech shootings, this Note argues that both FERPA and the common law contain internal tensions regarding safety and privacy that neither Congress nor the courts have adequately reconciled, and that important discrepancies regarding information sharing exist between IHEs' practices, the common law's demands, and FERPA's limitations.

Part I provides background on FERPA and argues that FERPA's emergency exception is too narrow and confusing, so that IHEs default to the nondisclosure option rather than disclosing information to third parties, such as parents, when students threaten to harm themselves or others. At the same time, FERPA's tax …