Informed Consent / Adult Competency
Articles and Resources
52 Articles and Resources. Go to: [Next 2]
Date Fairness.com Resource Read it at: May 27, 2014 Court Extends Curbs on the Death Penalty in a Florida Ruling
QUOTE: The Supreme Court on Tuesday continued a trend to limit capital punishment, ruling that Florida’s I.Q. score cutoff was too rigid to decide which mentally disabled individuals must be spared the death penalty.
New York Times Jun 29, 2011 Common Sense and Sensibility
QUOTE: the Supreme Court ruled that police, when questioning a child suspected of committing a crime, must take the suspect’s age into account and may have to provide Miranda warnings in circumstances that would not require the warnings to be given to an adult suspect. The vote was 5 to 4, and the author of the majority opinion was Justice Sonia Sotomayor. The premise that children are different from adults and may feel coercive pressure when an adult would not, she said, was simply one of “commonsense reality.”
New York Times Apr 20, 2011 In Online Games, a Path to Young Consumers
QUOTE: companies, often selling sugar cereals and junk food, are using multimedia games, online quizzes and cellphone apps to build deep ties with young consumers...When these tactics revolve around food, and blur the line between advertising and entertainment, they are a source of intensifying concern for nutrition experts and children’s advocates — and are attracting scrutiny from regulators.
New York Times Apr 14, 2011 Should teens make circumcision decision?
QUOTE: "Why not wait to do the procedure until a time when it has an impact and when the person you're doing it to can give consent…” Babies receive no stitches, and get either no anesthetic or a local anesthetic, depending on who's doing the procedure.
CNN (Cable News Network) Mar 02, 2011 When Abuse of Older Patients Is Financial
QUOTE: Bilking old people is not new, said Steve Irwin, commissioner of the Pennsylvania Securities Commission, which is participating in the program. “Financial fraud is abuse, but it is less recognized and less reported.”
New York Times Feb 05, 2011 A Dot on the Map, Until the Earth Started Shaking
QUOTE: “They took advantage of people’s ignorance,” said Greg Hooten, the superintendent of the local water utility, who now worries about the effect of the drilling on the groundwater. Nonetheless, Mr. Hooten had signed an agreement for drilling on his property. “Who’s going to stop the gas and oil companies?” he asked.
New York Times Jan 14, 2011 Warning signs from a troubled mind: What parents should do
QUOTE: the line between unusual behavior and someone being a true threat is murky. And there aren't many options to detain people who exhibit disturbing behavior but have not committed a crime, experts said....When someone's behavior spirals out of control, the family has to determine whether it's eccentricity or something severe. Some families dismiss the changes as a phase; others are ill-equipped or in denial.
CNN (Cable News Network) Jan 11, 2011 If You Think Someone Is Mentally Ill: Loughner's Six Warning Signs
QUOTE: In most states, including Arizona, it's predictably difficult to detain someone involuntarily due to mental illness. If he is not deemed an imminent danger to himself or others, as determined by a judge, in almost all cases, treatment will not come without the person in question admitting that they are ill and need help. Even then, there is no guarantee that help will come readily or swiftly.
Time Magazine Dec 07, 2010 The Tactics of Discover Card Reps
QUOTE: lawsuit alleges that Discover Bank and its affiliated processing company made “aggressive, misleading and deceptive” telemarketing calls to sign people up for these products, tricking people to sign up for the add-on products and in some cases, charging consumers for enrollment without agreement from the consumer.
New York Times Oct 23, 2009 The Geek Defense: Do criminals with Asperger's syndrome deserve special treatment?
QUOTE: the legal system isn't always consistent in its treatment of criminals with developmental disabilities, and the sentences handed down to autistic defendants can vary widely depending on the court. Asperger's may prove even more challenging than autism, because it lacks the well-defined intellectual deficits that make the latter relatively easy to diagnose. How will a judge determine whether a given diagnosis of Asperger's is scientifically valid, let alone decide how the disorder relates to a particular crime?
Slate Aug 25, 2009 Personal spy gear: Is it ethical? Is it legal? You can now hide a GPS unit in your family car and find out where everybody went. But should you?
QUOTE: while it's easy to find and buy surveillance devices, is it legal and/or ethical to use them?
Computerworld Jan 21, 2009 Trials for Parents Who Chose Faith Over Medicine
QUOTE: after Kara’s death last March, the Marathon County state attorney, Jill Falstad, brought charges of reckless endangerment against her parents, Dale and Leilani Neumann. Despite the Neumanns’ claim that the charges violated their constitutional right to religious freedom, Judge Vincent Howard of Marathon County Circuit Court ordered Ms. Neumann to stand trial...
New York Times Nov 28, 2008 An Amicus Brief: Issues in the Cyberbullying Case That Affect You - Updated
QUOTE: I was trying to figure out how to explain to you all that is involved in the case of the U.S. v. Lori Drew, the cyberbullying case that so many lawyers are expressing concerns about....I don't think it's overstating it a bit to say that unless this case is overturned, it is time to get off the Internet completely, because it will have become too risky to use a computer. At a minimum, I'd feel I'd need to avoid signing up for membership at any website, particularly MySpace.
Groklaw.net Oct 26, 2008 Quickly Vetted, Treatment Is Offered to Patients
QUOTE: "F.D.A. officials defend the quick-review process as a way to promote innovation. Because most new products are simply an improvement on an existing device, they say, there is rarely need for a full review.... Critics say the F.D.A.’s process for reviewing medical technology, under which medical devices have become a $75 billion-a-year industry in this country, is often too lax."
New York Times Sep 10, 2008 Naughty Nursing Homes: Is it time to let the elderly have more sex?
QUOTE: Sexual desire may wane with age, but it doesn't disappear. For Slate's 2007 "Sex issue," Daniel Engber reported on sexual expression in nursing homes—a thorny issue for doctors worried about whether their senile patients are capable of informed consent.
Slate May 06, 2008 He's a Man, as Charged: But Should Emerging Brain Science Affect Courts' Handling of Young Defendants?
QUOTE: The debate over whether kids should be tried and punished as adults has simmered for years. The discussion is intensifying, however, because of recent discoveries that the brain's prefrontal cortex, which governs reasoning, develops more slowly than the limbic system, where the emotions reside.
Washington Post Mar 16, 2008 Putting Mentally Disabled Workers at Risk Is No Way to Cut Corners
QUOTE: "They used a groundskeeping crew from a disadvantaged group to clean up the debris," said...an FAA spokeswoman. She said federal investigators are looking into whether FAA managers knowingly assigned the crew to a job involving toxic materials, endangering the workers' health.
Washington Post Jan 16, 2008 Forced Rectal Exam Stirs Questions
QUOTE: Under what circumstances can a patient in an emergency room be forced to submit to a procedure that doctors deem to be medically necessary? That question — and the notion of informed consent — is at the heart of a civil case that is about to go to trial in March in State Supreme Court in Manhattan.
New York Times Nov 06, 2007 Scientist at Work | John Holcomb: Army’s Aggressive Surgeon Is Too Aggressive for Some
QUOTE: Colonel Holcomb also strongly advocates conducting clinical trials to improve trauma care. It is an ethically tricky area, because trauma research can involve trying novel treatments on severely injured patients who cannot give informed consent. But he argues that any ethical problems pale in comparison to the toll that traumatic injuries take on civilians and soldiers every day.
New York Times Nov 06, 2007 ‘Bad’ Legal Advice and the Death Penalty
QUOTE: A federal appeals court eventually ruled that the lawyer’s advice reflected such bad judgment as to fall below the Sixth Amendment’s guarantee of the effective assistance of counsel. On Monday, the Supreme Court announced that it would use the case to decide how appellate courts are to evaluate claims of ineffective assistance of counsel in plea negotiations.
New York Times Sep 12, 2007 Polygamist's trial on rape charges set to start
QUOTE: Walter Bugden, one of Jeffs' attorneys, says he views the case against Jeffs as religious persecution. The polygamous sect is not affiliated with the mainstream Mormon church, which outlawed polygamy in 1890.
USA TODAY Jun 19, 2007 States Face Decisions on Who Is Mentally Fit to Vote
QUOTE: Rhode Island is among a growing number of states grappling with the question of who is too mentally impaired to vote. The issue is drawing attention for two major reasons: increasing efforts by the mentally ill and their advocates to secure voting rights, and mounting concern by psychiatrists and others who work with the elderly about the rights and risks of voting by people with conditions like Alzheimer’s disease and dementia.
New York Times Jun 11, 2007 Judge Throws Out Sentence in Teen Sex Case
QUOTE: A Georgia Superior Court judge today ordered the release of Genarlow Wilson, who has served two years of 10-year prison sentence for having consensual oral sex with another teenager at a party when he was 17.
New York Times Jun 03, 2007 A Legal Debate in Guantánamo on Boy Fighters
QUOTE: His age is at the center of a legal battle that is to begin tomorrow with an arraignment by a military judge at Guantánamo Bay, Cuba, of Mr. Khadr, whom a range of legal experts describe as the first child fighter in decades to face war-crimes charges.
New York Times May 27, 2007 Critical Care Without Consent: Ethicists Disagree On Experimenting During Crises
QUOTE: The federal government is undertaking the most ambitious set of studies ever mounted under a controversial arrangement that allows researchers to conduct some kinds of medical experiments without first getting patients' permission.
Washington Post Apr 17, 2007 Does death penalty ever apply to those found insane?: The US Supreme Court hears Wednesday the case of a killer who may not grasp the tie between his crime and his punishment.
QUOTE: There is universal agreement in the United States that an individual convicted of a capital crime who is mentally incompetent may not be executed. To do so would violate the Constitution's ban on cruel and unusual punishments. But just how mentally ill does a defendant have to be to trigger that broadly accepted Eighth Amendment prohibition?
Christian Science Monitor Mar 09, 2007 The Brain on the Stand
QUOTE: The influence of what some call neurolaw is clearly growing. Neuroscientific evidence has persuaded jurors to sentence defendants to life imprisonment rather than to death; .... Should courts be in the business of deciding when to mitigate someone’s criminal responsibility because his brain functions improperly, whether because of age, in-born defects or trauma? As we learn more about criminals’ brains, will we have to redefine our most basic ideas of justice?
New York Times Feb 25, 2007 Fictional Favoritism (The Ethicist)
QUOTE: It is not favoritism to single out excellent work for special consideration...Your colleague did err in neglecting to get the student's consent before submitting the story.
uExpress Sep 29, 2006 When can cops seize your computer? (Police blotter)
QUOTE: Police seize computer without a warrant after husband declines permission but then wife consents...Court decides that computer seizure was illegal and sends case back to trial judge for further proceedings.
News.com Aug 23, 2006 Safe Drug Testing in Prisons
QUOTE: The savage and dishonorable legacy of drug testing in prison makes it imperative that any change be carried out carefully, with maximum transparency and concern for inmate safety. That will require far more federal oversight than current law provides.
New York Times Aug 13, 2006 Panel Suggests Using Inmates in Drug Trials
QUOTE: federal panel of medical advisers has recommended that the government loosen regulations that severely limit the testing of pharmaceuticals on prison inmates...it has dredged up a painful history of medical mistreatment and incited debate...about whether prisoners can truly make uncoerced decisions, given the environment they live in.
New York Times Aug 11, 2006 Teen battles state over cancer treatment
QUOTE: Starchild Abraham Cherrix, a 16-year-old suffering from Hodgkin's disease, has refused chemotherapy and radiation treatments ordered by his oncologist...government lawyers will accuse his parents, who support Abraham's herbal treatment, of medical neglect.
CourtTV.com Dec 28, 2005 Determining diminished capacity
QUOTE: A legal finding of "diminished capacity" can have financial ramifications, especially if an estate is contested....How is a finding of diminished capacity made? How can it affect wills, trusts and estate plans? And what can you do to make sure your wishes are carried out even after your mind has "left the building?"
Bankrate.com Nov 05, 2005 Lost innocence: False charge altered boys' lives
QUOTE: This was not the first time children have been wrongly accused or confessed to something they didn't do. But the case offers a rare glimpse into how it can happen -- what detectives may say and do behind closed doors...
CNN (Cable News Network) Oct 26, 2003 In College and in Despair
QUOTE: "If a student says, `I'm going to jump,' we will err on the side of protecting them, rather than respecting their confidentiality..."
New York Times Oct 25, 2003 Guardian system overrun by abuse: People lose their rights quickly and without necessity, report says
QUOTE: ...a state audit of five probate courts, released Friday, found widespread abuses by court-appointed conservators entrusted with the finances of young, elderly and disabled people.
Detroit Free Press Oct 15, 2003 A Right-to-Die Battle Enters Its Final Days
QUOTE: Who has the right to decide the fate of a woman in a chronic vegetative state? Her husband who says she's brain-dead or her parents, who say there is hope for her recovery?
New York Times Jul 27, 2003 A Hard New Life Inside the Law
QUOTE: thousands of rootless young men and women who have served as foot soldiers in Colombia's undiscriminating war. By most estimates, more than 38,000 Colombians, from teenagers to grandfathers, are fighters in the country's three irregular armed groups, engaged in a conflict that draws strength from bleak economic prospects for the rural poor, a haphazard rule of law and a pervasive drug trade...Tamayo's restless generation is abandoning the war in greater numbers than ever...Many of them have joined the government's "reinsertion" program, an attempt to coax the young, in particular, out of the war by offering a brief financial boost, although many say it is not enough to guarantee a new start.
Washington Post Feb 28, 2003 Young Brides Stir New Outcry on Utah Polygamy
QUOTE: The State Legislature is considering a bill that would impose stiff new penalties against any polygamist convicted of marrying a girl under 18 and any religious leader who orchestrates such a union.
New York Times Jan 23, 2003 Circumcision Opponents Use the Legal System and Legislatures
QUOTE: ...case appears to be the first to go to trial based on the theory that the absence of an exhaustive medical briefing about the risks and benefits of circumcision is tantamount to a lack of informed consent.
New York Times Dec 09, 2002 Why people confess to crimes they didn't do
QUOTE: "Part of the problem in the Central Park jogger case is that we don't know what went on for hours in the interrogation rooms before they confessed," says Nina Morrison, the executive director of the Innocence Project, a nonprofit organization in New York.
Findlaw Dec 01, 2002 New Light on Jogger's Rape Calls Evidence Into Question
QUOTE: [In a high profile New York City rape case in 1989]...the confessions have been the subject of high-volume contention, with charges from the defense that the teenagers were coerced or tricked into confessing...
New York Times Nov 12, 2002 Young Sniper Suspect Was Confused on Rights, Lawyers Say
QUOTE: But Mr. Malvo's lawyers said it was apparent that he and the other man charged, John Muhammad, were unsure about their rights long after Virginia authorities tried to question them.
New York Times Oct 28, 2002 Sentencing the Serial Snipers: Options For Their Prosecution And Possible Execution, And The Issue Of Whether They Are
QUOTE: Not surprisingly, the posturing already has begun as to which jurisdiction will get to prosecute - and possibly execute - them first. And the debate has already begun as to whether the two are alleged to be "terrorists" or simply murderers who terrorized many as a result of their killing spree.
Law.com Sep 24, 2002 A State of Outrage: His Son Is Delusional, Paranoid, Psychotic -- but Cannot Be Forced Into Treatment. A Father Grapples With Truth, Responsiblity and a Confounding Virginia Law
QUOTE: The doctor tells my ex-wife that it is not illegal for someone to be mentally ill in Virginia. It's not illegal for anyone to refuse medical treatment. But it's illegal for a doctor to treat someone against his wishes.
"Even if he's psychotic?"
Washington Post Aug 12, 2002 Open with Caution
QUOTE: ...it was just a matter of time. Books with shrinkwrap license agreements have arrived.
InfoWorld Jan 25, 2002 Know Your Rights
QUOTE: Whether or not you're a citizen, you have these constitutional rights: The Right to Remain Silent...The Right to be Free from "Unreasonable Searches and Seizures".... The Right to Advocate for Change....
National Lawyers Guild Dec 18, 2001 Criminalizing the Mentally Ill
QUOTE: THE NUMBER OF people with serious mental illnesses in America's jails and prisons today is five times greater than the number in state mental hospitals.
Washington Post Sep 08, 2001 Lasik Surgery Sales Tactics Raise Eyebrows: 'Patient Counselors' Earn Bonuses for Each Customer
QUOTE: One of the largest national chains of laser eye surgery clinics pays sales commissions to at least some of its "patient counselors," who seek to collect nonrefundable deposits from customers before they have been briefed on all possible risks...
Washington Post Aug 17, 2001 Children Are Prey in a Medicaid Dental Scheme
QUOTE: ...become one of thousands of children in South Florida's poorest neighborhoods whom prosecutors say recruiters have delivered to dentists for unnecessary and sometimes improper care in a multimillion-dollar scheme to defraud Medicaid.
New York Times
52 Articles and Resources. Go to: [Next 2]
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