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Judges' assumptions about the appropriateness of civil and forensic commitment.

The study examined judges' reasons for ordering pretrial forensic evaluation instead of civil commitment for persons with mental illness who are arrested. Fifty-five of 58 judges acknowledged having concerns about the adequacy of treatment or confinement in the civil mental health system, and 31 reported ordering pretrial forensic evaluations as a means of ensuring adequate treatment for patients who appear in their courts. Other frequently endorsed reasons for ordering these evaluations included lack of confidence in the ability to civilly commit mentally ill offenders and concerns about their being discharged prematurely. This study confirms suspicions that judges order pretrial evaluations to fill perceived gaps in the civil system.

Attitude to Health↗

Outpatient civil commitment in Texas for management and treatment of sexually violent predators: a preliminary report.

Texas established in 1999 outpatient civil commitment for sexually violent predators discharged from prison with or without parole. These individuals suffer from a behavioral abnormality, have been convicted of two or more sexually violent crimes and are deemed likely to reoffend. Civilly committed individuals are managed by a team composed of case manager (supervision), treatment provider, public safety officer (global positioning satellite monitoring), and other professionals. Treatment consists of individual and group therapy using a standard workbook. Out of 21 committed individuals, 7 are in the treatment, 1 died, 10 are in custody after breaking conditions of commitment that constitute a felony, and 3 await release from prison. Cost of outpatient civil commitment is less than $20,000/person/year compared with more than $100,000 for inpatient commitment in other states. Texas has found outpatient civil commitment to be an effective and relatively low-cost way to protect the public and treat the offender.

Ambulatory Care↗

Factors predicting selection of sexually violent predators for civil commitment.

This study investigated the degree to which independent variables predicted civil commitment selection in a sample of 450 sexual offenders evaluated for civil commitment as "sexually violent predators" under Florida's Jimmy Ryce Act. Using logistic regression, this study examined the relationship between the dependent variable, commitment recommendation, and several sets of independent variables. Results revealed that the statistically significant predictors of recommendations for sex offender civil commitment were diagnoses of pedophilia and paraphilia not otherwise specified (NOS), psychopathy, actuarial risk assessment scores, younger age of victim, and nonminority race (R2 = .88). Discriminant function analysis confirmed that these variables correctly predicted commitment recommendations in 90% of cases. Sex offenders recommended for commitment consistently met the criteria set forth by the U.S. Supreme Court in Kansas v. Hendricks (1997): They suffered from a mental abnormality predisposing them to sexual violence, and risk assessment determined that they were likely to reoffend.

Adult↗

Civil unions in Vermont: political attitudes, religious fundamentalism, and sexual prejudice.

In 2000, Vermont passed civil union legislation that granted same-sex couples the same legal rights as traditionally married opposite sex couples. This study examined the influence that sexual prejudice, religious fundamentalism, social dominance orientation, and support for civil unions had on voters' choice for governor in the subsequent election. Results showed that support for civil unions was a primary motivator for many voters in the election, and that sexual prejudice, religious fundamentalism, and social dominance orientation were unique predictors of voters' choices. These results show that prejudice can be a key factor in determining whom voters elect to represent them in government.

Adult↗

Association of sleep quality and free time leisure activities in Japanese and British civil servants.

Sleep disturbance as a pervasive health problem can directly affect the physical and psychological well-being of individuals. Factors that positively relate to sleep quality can therefore improve healthy functioning. We examined whether leisure time activities are associated with sleep quality in two culturally different samples of civil servants. In this cross-sectional study we evaluated 1,682 Japanese, in Toyama prefecture (T) city, and 6,914 British civil servants from the Whitehall II study undertaken in London. The Japanese version of Pittsburgh sleep quality index (PSQI-J) was used in T city and Jenkins' sleep problem scale was used in the Whitehall II study. Setting a validated cut-off point of 5.5 for the PSQI-J global score and the upper tertile point for the Jenkins' sleep problem scale, we conducted logistic regression analysis to assess the association between leisure time activities and sleep quality. In both populations, those who participated in voluntary activities in clubs or organizations were significantly less likely to have poor sleep quality with Odds ratios (OR) and 95% confidence intervals (95%CI) of 0.73 (95%CI; 0.56-0.97) and 0.85 (95%CI; 0.76-0.95) in Japanese and British civil servants, respectively. Similar findings were apparent for visiting friends and relatives (ORs 0.60 (95%CI; 0.46-0.80) and 0.71 (95%CI; 0.56-0.90) for Japanese and British subjects, respectively). Our findings suggest that engagement in social leisure activities is associated with better sleep quality and consequently better general well-being.

Adult↗

Associations between sense of coherence and psychological work characteristics with changes in quality of life in Japanese civil servants: a 1-year follow-up study.

We conducted a 1-year follow-up study to evaluate the lasting effect of psychosocial characteristics on quality of life among Japanese civil servants. For this purpose, sense of coherence (SOC), which has been associated with adoptive measures in responding to life stress, and job strain components of demand and control, were used. We evaluated 1392 civil servants working in departments related to the municipality of T city in Toyama prefecture, Japan, in the springs of 2001 and 2002 with complete information in both phases of the study. Using validated Japanese versions of WHOQOL-BREF (WHO/QOL-26) and SOC-13 and a self-reported questionnaire on job demand and control in the workplace, we conducted multiple linear regression analysis to assess the effects of above-mentioned characteristics on WHO/QOL-26 domains. After entering first phase scores, age, sex, employment category and negative affectivity into the models, SOC was associated positively with second phase scores in all domains of WHO/QOL-26 (standardized beta coefficients of 0.21, P < 0.01; 0.12, P < 0.001; 0.13, P < 0.001 and 0.07, P < 0.05 for Physical Health, Psychological, Social Relationship and Environment, respectively). In addition job control was related positively to Physical Health, Psychological and Social Relationship domains (standardized beta coefficient of 0.10, p < 0.001; 0.12, p < 0.05 and 0.07, p < 0.05, respectively), while job demand was negatively related to Physical Health domain with a beta coefficient of -0.11, p < 0.001. Higher sense of coherence and job control could result in better subjective feeling of well-being in a 1-year follow-up among Japanese civil servants.

Adult↗

Congenital malformations in the North-Eastern Democratic Republic of Congo during Civil War.

OBJECTIVE: To report on changes in the incidence of congenital malformations in a context of an ongoing civil conflict. DESIGN: Retrospective study. SETTING: Centre Médical Evangélique (CME) of Nyankunde, a 250 bed referral hospital, in the North Eastern Democratic Republic of Congo (DRC) during the period 1993 to 2001. SUBJECTS: A total of 8824 babies were delivered alive at our maternity; and 36 of them (0.41%) were born with a clinically diagnosed congenital malformations. RESULTS: The breakdown of the observed malformations was as follow: clubbed foot nine, congenital hydrocephalus eight, spina bifida six, cleft lip four, encephalocele two, syndactyly two, imperforated anus two, Anencephaly one, lymphangioma one, bladder exstrophy one. There was a significant increase in the annual incidence of congenital malformations (p<0.001). CONCLUSION: Ongoing civil conflicts or wars ultimately have a negative impact on the incidence of congenital malformations. This is an indirect and multifactorial consequence. We conclude that ongoing civil conflict is a contributing factor to the increasing incidence of congenital malformations seen in the North-Eastern DRC.

Congenital Abnormalities↗

Medicare, Medicaid, and Maternal and Child Health Services Block Grant programs; civil money penalties and assessments for false or improper claims--Department of Health and Human Services. Notice of proposed rulemaking.

These proposed regulations are intended to strengthen the Department's ability to protect the health care financing programs against persons and organizations who defraud and abuse those programs. The regulations would specify procedures for implementing the authority provided to the Department by section 2105 of the Omnibus Budget Reconciliation Act of 1981 (Pub. L. 97-35), as amended by section 137(b)(26) of the Tax Equity and Fiscal Responsibility Act of 1982 (Pub. L. 97-248), to impose civil money penalties and assessments administratively for the filing of false or certain other improper claims in the Medicare, Medicaid, or Maternal and Child Health Services Block Grant programs. The statute also permits an individual upon whom the Department imposes a civil money penalty or assessment to be suspended from participation in the Medicare and Medicaid programs. Until enactment of the civil money penalties legislation, the federal government had to rely upon litigation under the False Claims Act or criminal proceedings in order to compel restitution of funds falsely or improperly claimed under HHS health care financing programs.

Crime↗

[Forensic medical expert evaluation in connection with civil actions of patients complaining of improper dental care].

The authors discuss questions facing forensic medical experts in connection with civil "medical" actions. The questions are classified as common and private. Expert evaluations of correspondence of the scope and quality of dental care are offered as the base for analysis of these problems within the framework of civil legislation. The data evidence efficiency of forensic medical expert evaluations in civil legal procedure and the significance of forensic medical service in the solution of problems of quality and efficiency of medical (including dental) care of the population.

Dental Care↗

Incidence of pulmonary tuberculosis in Korean civil servants: second study, 1992-1994.

SETTING: A survey based on biennial medical examinations for civil servants, including school teachers. OBJECTIVE: To estimate the incidence of pulmonary tuberculosis (PTB) for the general population from a sample survey, and to compare it with the previous results from 1988-1990. DESIGN: A retrospective follow-up study which started in April 1996 and ended in December 1997. Development of PTB among all South Korean civil servants who were tuberculosis-free in the 1992 biennial medical examination was followed up to the 1994 medical examination. The survey was based on newly-developed cases by 1) the findings of the biennial medical examination, 2) scrutiny of the medical records of all those claiming health insurance for tuberculosis, and 3) checking of the TB registers in all health centres during the period. Civil servants constituted 2.6% of the Korean population aged 20 to 64. RESULTS: Of 958137 subjects who were found to be TB-free in the 1992 medical examination, 957216 were eligible for the study. Radiologically active PTB was found in 4146 cases over the 2-year period of the study. Bacteriological examinations were performed in 3306 patients: there were 1551 bacteriologically proven cases (46.9%), including 1049 smear-positives (31.7%) and 502 smear-negative culture-positives (15.2%). The age-sex adjusted incidence rate for the general population was 202/100000 in radiologically active PTB, 81/100000 in bacteriologically proven PTB, and 54/100000 in smear-positive PTB. Overall PTB incidence rates were higher in males (240/100000) than in females (163/100000), and in the age group 20-24 years (280/ 100 000) than in the other age groups. CONCLUSION: Comparing the 1992-1994 PTB incidence with that observed in the 1988-1990 survey, the highest incidence was observed among young adults in both surveys, and it had not changed over time.

Adult↗

Serum antioxidant status of civil aircrew.

Objective. To study the serum antioxidant status in civil aircrew members who had more than 4000 h of cumulative flight hours, therefore exposed to a higher dose of cosmic radiation comparing to the dose received by ground residents. Method. Differences in the serum levels of total antioxidant capacity (TAOC), superoxide dismutase (SOD) and malondialdehyde (MDA) were investigated in 230 crew members, 37 local ground residents in Xinjiang, and 37 ground residents in Tianjin. Result. Significantly higher levels of all the three serum indexes were found in civil aircrew members. Serum levels of TAOC and SOD were higher in Xinjiang than in Tianjin ground residents, although no difference was found for MDA. Positive correlations were observed among the three serum indexes in this study. Conclusion. The elevated serum level of MDA in civil aircrew members deserves a proper attention by health care policy makers.

Adult↗

[Civil and criminal suits concerning PTSD in Japan].

In civil and criminal trials in Japan, post-traumatic stress disorder (PTSD) issues have recently become a common topic of debate. In both types of (civil and criminal cases) judgments have been either affective or negative to PTSD. Contributing factors to the diagnosis of the accused that is identified to suffer from PTSD vary between cases. The difference in the establishment of the diagnosis for PTSD between psychiatrists reflects an aspect of the current situation in Japan where they have not used perfectly obvious and clearly defined diagnostic criterion, including ICD-10 and DSM-IV. To resolve this problem, a simple, clear and objective criterion of PTSD must be established. Instead of criterion that may take a long time to be established, a checklist can be used to relate PTSD with legal matters, as well as to determine liability in damages of the accused in civil cases and punishment in criminal cases.

Accidents, Traffic↗

Case-control study of risk factors for fatal and non-fatal injury in crashes of civil aircraft.

BACKGROUND: There have been few studies of the risk factors for fatal injury in air crashes, and none of risk factors for all serious injury (fatal and non-fatal). OBJECTIVE: To identify the potentially modifiable risk factors for fatal and non-fatal injury in civil aircraft crashes in New Zealand. METHODS: We analyzed records from all reported civil aircraft crashes in New Zealand (1988-1994). Air crash data from the official databases were merged with nationwide injury records and information obtained from coroners' files. Pilots-in-command who were fatally injured were compared with pilots-in-command who were not fatally injured using 50 variables covering pilot, aircraft, environmental, and operational characteristics. A second analysis compared pilots-in-command who were seriously injured (either fatally or non-fatally) with those who were involved in a crash but not hospitalized with an injury. Univariate and multivariate logistic regression analyses were then conducted to estimate the odds associated with each of the factors identified by the above comparisons. RESULTS: The most significant risk factors for fatal and serious injury were aerobatic flight, post-crash fire, not having a certificate of airworthiness, and off-airport location. Environmental characteristics including terrain type, wind, rain, and elevation of the crash site were identified as risk factors, as was being under instruction. Flying a twin-engine aircraft was a risk factor for fatal injury, while piloting a microlight aircraft was a risk factor for all serious injury. CONCLUSION: Environmental and operational factors, rather than pilot or aircraft characteristics, are the key determinants of the injury outcome of civil aircraft crashes.

Accidents, Aviation↗

[Conflict situations in a hospital in the case of a civil lawsuit].

In the case of possible malpractice the physician is threatened with various legal proceedings. These may range from civil lawsuits including out-of-court settlement, independent evidential procedures (sections 485 et seqq.), criminal litigation and proceedings at the labour court to the withdrawal of the registration as a panel doctor. The annual number of civil lawsuits for damages, pain and suffering is estimated as approximately 10,000. In 35% of all cases expert commissions decide on malpractice; 85% are settled out of court so that 15% of cases proceed with litigation in a civil court. Of special importance to the physician sued in malpractice litigation is his pre-trial strategy. The present paper names the most important basic rules. The physician's failure to comply with these rules may result in severe penalties including the loss of malpractice insurance.

Conflict, Psychological↗

A classification on human factor accident/incident of China civil aviation in recent twelve years.

OBJECTIVE: To study human factor accident/incident occurred during 1990-2001 using new classification standard. METHOD: The human factor accident/incident classification standard is developed on the basis of Reason's Model, combining with CAAC's traditional classifying method, and applied to the classified statistical analysis for 361 flying incidents and 35 flight accidents of China civil aviation, which is induced by human factors and occurred from 1990 to 2001. RESULT: 1) the incident percentage of taxi and cruise is higher than that of takeoff, climb and descent. 2) The dominating type of flight incidents is diverging of runway, overrunning, near-miss, tail/wingtip/engine strike and ground obstacle impacting. 3) The top three accidents are out of control caused by crew, mountain collision and over runway. 4) Crew's basic operating skill is lower than what we imagined, the mostly representation is poor correcting ability when flight error happened. 5) Crew errors can be represented by incorrect control, regulation and procedure violation, disorientation and diverging percentage of correct flight level. CONCLUSION: The poor CRM skill is the dominant factor impacting China civil aviation safety, this result has a coincidence with previous study, but there is much difference and distinct characteristic in top incident phase, the type of crew error and behavior performance compared with that of advanced countries. We should strengthen CRM training for all of pilots aiming at the Chinese pilot behavior characteristic in order to improve the safety level of China civil aviation.

Accidents, Aviation↗

Civil monetary penalties, assessments and recommended exclusions. Final rules.

These final rules reflect provisions of Public Law 106-169, the Foster Care Independence Act of 1999, and Public Law 108-203, the Social Security Protection Act of 2004, to provide new and amended procedures for SSA's civil monetary penalty cases filed pursuant to sections 1129 and 1140 of the Social Security Act . These final rules implement amendments to section 1129 of the Social Security Act (42 U.S.C. 1320a-8) to provide for the imposition of civil monetary penalties and/or assessments: against representative payees who convert Social Security benefits for a use other than for the use or benefit of the beneficiary; against those who withhold disclosure of material statements to SSA; and, against those who make false or misleading statements or representations or omissions of a material fact with respect to benefits or payments under title VIII of the Social Security Act. These final rules also implement amendments to section 1140 of the Social Security Act (42 U.S.C. 1320b-10) to: Add to the list of enumerated terms that may give rise to a violation of section 1140; and, provide for the imposition of civil monetary penalties against those who charge fees for products or services, otherwise provided free of charge by SSA, unless the offers provide sufficient notice that the product or service can be obtained free of charge from SSA.

Compensation and Redress↗

Image processing by computer analysis--potential use and application in civil and criminal litigation.

The image processing by computer analysis has established a data base for applications in the industrial world. Testing has proved that the same system can provide documentation and evidence in all facets of modern day life. The medicolegal aspects in civil and criminal litigation are no exception. The primary function of the image processing system is to derive all of the information available from the image being processed. The process will extract this information in an unbiased manner, based solely on the physics of reflected light energy. The computer will analyze this information and present it in pictorial form, with mathematical data to support the form presented. This information can be presented in the courtroom with full credibility as an unbiased, reliable witness. New scientific techniques shown in the courtroom are subject to their validity being proven. Past imaging techniques shown in the courtroom have made the conventional rules of evidence more difficult because of the different informational content and format required for presentation of these data. I believe the manner in which the evidence can now be presented in pictorial form will simplify the acceptance. Everyone, including the layman, the judge, and the jury, will be able to identify and understand the implications of the before and after changes to the image being presented. In this article, I have mentioned just some of the ways in which image processing by computer analysis can be useful in civil and criminal litigation areas: existing photographic evidence; forensic reconstruction; correlation of effect evidence with cause of evidence; medical records as legal protection; providing evidence of circumstance of death; child abuse, with tracking over time to prevent death; investigation of operating room associated deaths; detection of blood at the scene of the crime and on suspected objects; use of scales at the scene of the crime; providing medicolegal evidence beyond today's technology; and a new theory and technique on using polygraph information in litigation. I am sure that the professionals in the forensic field will be able to think of many more applications where the image processing by computer analysis tool will be able to provide solutions to complex problems. The next time you say to yourself, "I wish they would have preserved this," or, "It's too bad they didn't do an autopsy," think of this new tool that is available to help you get the documentation and answers that will stand up to the scrutiny of the civil and criminal litigation system.

Accidents, Traffic↗