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PubMedDate not supplied

Legal implications of standards of care.

Many legal implications related to standards of care exist for the critical care nurse. This article tells how care standards are derived and used in the legal system, describes important legal concepts, and gives samples of actual court testimony by nurses about endotracheal tube cuff care.

Critical Care↗
PubMed1995

Rape trauma syndrome in the military courts.

The military courts have developed a rich case law tradition in the area of rape trauma syndrome testimony. These cases are particularly important in the context of a military that is both increasingly female and increasingly sensitive to mixed gender relationships. This article reviews the military court's approach to rape trauma testimony over the past 15 years. The author notes that military courts have been accepting of this testimony within certain well defined limits. The author analyzes the approach to testimony at one military medical center and offers a testimony model for the forensic psychiatrist who testifies in a military setting.

Adult↗
PubMed1999

Memory as power: who is to decide?

The transactional aspects of human memory remain enigmatic: memory disputes carry intense affective charge; memory's effects vary with how content is framed or slanted by one's perspective; memory is vulnerable to suggestive influence; and these processes are seen at all levels of social scale from simple dyads to whole societies. These observations suggest that memory serves important functions in mediating interpersonal relationships. As hypotheses for further study, I propose that (1) memory mediates interpersonal power dynamics; (2) social legitimization countermands memory's truth value when the two conflict; (3) suggestibility protects otherwise disadvantaged individuals by rendering them more adaptable to dominant others' belief systems; and (4) mutual suggestion ties together all levels of scale within a given society. All of these hypotheses are discussed within a context of recent controversies surrounding hypnotically refreshed eyewitness testimony and adult delayed traumatic recall, which are worked out at the intersection of mental health and legal practice with a pivotal role given to the expert witness. The presumption of innocence dominates current trends in these areas. Cases that appear to violate this presumption, such as Pennsylvania v. Crawford (718 A.2d (Pa. 1998)), affirm another fundamental principle of democracy: that the ultimate issue of witness credibility is to be decided not by an expert, but by the citizenry itself-as represented in the jury.

Adult↗