Sieyès's Constitutional Jury, the Pennsylvania Council of Censors, and the Debate on the Conservative Power in the French Revolution.

Emmanuel-Joseph Sieyès's 1795 proposal for a Constitutional Jury is usually portrayed as the first proposal for an institution to control the constitutionality of laws, and thus the ancestor of the modern constitutional court. Challenging this view, this article resituates the Constitutional Jury in a broader transatlantic tradition concerned with creating a conservative power, a non-judicial and explicitly political constitutional guardian, and demonstrates the influence of the 1776 Pennsylvania Council of Censors on Sieyès's Constitutional Jury. Drawing upon the insights provided by this tradition, it then reevaluates the history of constitutionalism and the contemporary crisis of constitutional guardianship.

Sophie de Grouchy's Political Thought in the Letters on Sympathy (1798).

This article proposes a reading of Sophie de Grouchy's moral, political, and economic thought as embedded in the tradition of natural jurisprudence, adapted to the context of the French First Republic. A close reading of her French translation of Adam Smith's Theory of Moral Sentiment and her eight Letters on Sympathy confirms that there are points to be made by reading her works in the context of the language of early modern natural law. This sheds light on the important question of how to read revolutionary republicanism emanating from multiple traditions other than the neo-Roman discourse of non-domination.

The Real Impact of the Alabama Supreme Court Decision in LePage v Center for Reproductive Medicine.

This Viewpoint breaks down the myriad ways the Alabama Supreme Court decision to declare frozen embryos as legal equivalents to children harms the health of mothers and fetuses, limits reproductive decision-making based on genetics and out-of-reach costs, and impedes research.

Technology Access and Perceptions of Telehealth Services Among Young Adults Involved in the Court System.

PURPOSE: This study examined access to technology and telehealth among young adults (ages 18-24) who were court-involved and were recruited from an alternative sentencing program in New York City. METHODS: Using sequential mixed methods design, we examined demographic factors linked with access to technology and perceived usefulness of the Internet among n = 321 young adults who were court-involved (75% male, 65% African American, 35% Latinx). We then conducted in-depth interviews with 27 young adults to elicit first-person account of their access to, interest in, and experience with technology and telehealth. RESULTS: Although most participants had access to a phone with a data plan, a substantial proportion reported inconsistent access to the technology critical to telehealth. Certain young adults were more likely to lack consistent access to the technology needed for telehealth, including Black young adults, males, those with less than a high school diploma, those with a history of homelessness, and those who had difficulties paying for basic necessities. Qualitative interviews revealed that most had a strong self-efficacy using technology, while distrust of technology, inexperience with and skepticism of telehealth, low perceived need for care, and medical mistrust were common significant barriers in this underserved population. DISCUSSION: Findings underscored the critical need to address medical mistrust and increase access to and utilization of care among young adults who are court-involved. Results can inform the development and implementation of interventions designed to improve accessibility and acceptability of telehealth.

Mass Probation: Effects of Sentencing Severity on Mental Health for Black and White Individuals.

BACKGROUND: Incarceration is associated with negative impacts on mental health. Probation, a form of community supervision, has been lauded as an alternative. However, the effect of probation versus incarceration on mental health is unclear. Our objective was to estimate the impact on mental health of reducing sentencing severity at individuals' first adult criminal-legal encounter. METHODS: We used the US National Longitudinal Survey on Youth 1997, a nationally representative dataset of youth followed into their mid-thirties. Restricting to those with an adult encounter (arrest, charge alone or no sentence, probation, incarceration), we used parametric g-computation to estimate the difference in mental health at age 30 (Mental Health Inventory-5) if (1) everyone who received incarceration for their first encounter had received probation and (2) everyone who received probation had received no sentence. RESULTS: Among 1835 individuals with adult encounters, 19% were non-Hispanic Black and 65% were non-Hispanic White. Median age at first encounter was 20. Under hypothetical interventions to reduce sentencing, we did not see better mental health overall (Intervention 1, incarceration to probation: RD = -0.01; CI = -0.02, 0.01; Intervention 2, probation to no sentence: RD = 0.00; CI = -0.01, 0.01) or when stratified by race. CONCLUSION: Among those with criminal-legal encounters, hypothetical interventions to reduce sentencing, including incremental sentencing reductions, were not associated with improved mental health. Future work should consider the effects of preventing individuals' first criminal-legal encounter.

Beyond Roe: Implications for End-of-Life Decision-Making During Pregnancy.

The end of Roe v. Wade has significant implications for the autonomy of pregnant patients at the end of life. At least thirty states restrict the choice to withhold/withdraw life-sustaining treatments from pregnant patients without decisional capacity, invalidating prior advance directives and prohibiting others from choosing these options for the patient. Many restrictions are based on the Roe framework, applying after "viability" or similar considerations of fetal development or prospect for live birth. Scholars have also relied on the abortion framework, arguing that the restrictions impose an undue burden. The end of Roe will free states from having to craft limited restrictions designed to work around prior abortion jurisprudence. Similarly, advocates will no longer be able to draw support from the abortion framework, forcing them to rely instead on cases supporting rights to autonomy/bodily integrity in medical decision-making.

An offer you cannot refuse: Plea offer size affects innocent but not guilty defendants' perceptions of voluntariness.

OBJECTIVE: We examined whether various plea outcomes-including sentence reduction size (smaller, larger), type (traditional guilty plea, Alford plea), and frame (plea discount, trial penalty)-differentially affected innocent and guilty defendants' perceptions of the voluntariness of their guilty pleas. HYPOTHESES: We hypothesized (1) guilty defendants would rate guilty pleas as more voluntary than would innocent defendants; (2) defendants would rate larger sentence reductions either as more voluntary than smaller sentence reductions because they feel more fair or as less voluntary because they feel harder to reject; (3) defendants would rate guilty pleas as more voluntary when the plea offer was framed as a discount compared with a penalty; (4) penalty framing would differentially affect defendants offered large versus small sentence reductions; and (5) Alford pleas would differentially affect guilty versus innocent defendants. METHOD: Adults from Qualtrics Research Panels (N = 1,518; Mage = 59.22 years; 52% male; 83% White, non-Hispanic) played the role of a defendant in a simulated plea decision-making process. They were either innocent or guilty of the accusation. The prosecutor offered them a plea deal that varied in sentence reduction size (smaller, versus larger), type (traditional versus Alford plea), and frame (plea discount versus trial penalty). Participants then decided how to plead and rated the voluntariness of the decision-making process. RESULTS: Plea outcomes affected innocent and guilty defendants in slightly different ways. Innocent and guilty defendants were less likely to plead guilty when the plea offer had a smaller compared with a larger sentence reduction. However, innocent defendants were less likely to plead guilty overall, required more prompting from their defense attorney to plead guilty, and rated the plea decision-making process as less voluntary than did guilty defendants. Innocent defendants also rated the plea decision-making process as less voluntary when offered a smaller compared with larger sentence reduction and when they were offered an Alford plea compared with a traditional guilty plea. Framing the plea offer as a discount or a penalty did not affect defendants' perceptions of voluntariness. CONCLUSION: Variations in plea outcomes affect defendants' perceptions of voluntariness. Moreover, at least some courts' definitions of voluntariness do not align with how laypeople-and thus, possible defendants-view the same construct. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

A framework for the evidence-based practice of therapeutic jurisprudence: A legal therapeutic alliance.

This paper provides a theoretical rationale for using the constructs of procedural justice, trust and self-determination as a framework to guide the evidence-based practice of therapeutic jurisprudence (TJ). The overarching purpose of TJ is to provide therapeutic outcomes to all participants in the legal system. This paper proposes that in legal decision-making, running a procedurally just process that generates trust amongst participants and allows the parties to experience self-determination, creates a dynamic akin to the therapeutic alliance, which, in therapy, is a reliable predictor of therapeutic outcomes. The paper argues that when a legal therapeutic alliance forms in a legal decision-making process then positive therapeutic outcomes are possible, and the process can be classified as one that accords with the philosophy of TJ. A subsequent argument is that a therapeutic court can be defined as one that enacts such a process. The paper concludes by explaining how the framework can provide both a guide to courts in designing TJ processes and an assessment framework to analyse legal decision-making processes for their therapeutic value.

Texas' 2021 Ban on Abortion in Early Pregnancy and Changes in Live Births.

This study evaluates changes in the number of births in Texas after passage of Texas' Senate Bill 8 (SB8), which bans abortions as early as 5 weeks' gestation.

Violence-Related Death in Young Australians After Contact With the Youth Justice System: A Data Linkage Study.

Little is known outside of the United States about the risk of violence-related death among young people who have had contact with the youth justice system (justice-involved young people). We examined violence-related deaths among justice-involved young people in Queensland, Australia. In this study, youth justice records for 48,647 young people (10-18 years at baseline) who were charged, or experienced a community-based order or youth detention in Queensland, Australia (1993-2014) were probabilistically linked with death, coroner, and adult correctional records (1993-2016). We calculated violence-related crude mortality rates (CMRs) and age- and sex-standardized mortality ratios (SMRs). We constructed a cause-specific Cox regression model to identify predictors of violence-related deaths. Of 1,328 deaths in the cohort, 57 (4%) were from violence. The violence-related CMR was 9.5 per 100,000 person-years (95% confidence interval [95% CI] [7.4, 12.4]) and the SMR was 6.8 [5.3, 8.9]. Young Indigenous people had a greater risk of violence-related death than non-Indigenous people (cause-specific hazard ratio [csHR] 2.5; [1.5, 4.4]). Young people who experienced detention had more than twice the risk of violence-related death than those who were charged only (csHR 2.5; [1.2, 5.3]). We found that justice-involved young people have a risk of dying from violence that far exceeds that of the general population. The rate of violence-related death found in this study is lower than that in U.S.-based studies, which most likely reflects lower population level firearm violence in Australia. In Australia, young Indigenous people and those released from detention appear key groups to target for violence prevention efforts.

Procedural Justice, Therapeutic Jurisprudence, and Reoffending: Adjudicating Palestinian Minors in the West Bank's Military Court.

The Juvenile Military Court (JMC), established in 2009 in the West Bank, handles offenses perpetrated by Palestinian minors, consisting mostly of security-related violations. With the establishment of the JMC, and a subsequent three-stage legal reform in handling juvenile offenders, Palestinian minor suspects and defendants have been accorded various procedural rights. This study addresses the impact of these rights on the criminal careers of Palestinian minors appearing in the JMC. It first reviews the demographic profile of 8,301 minors handled by the JMC between 2000 and 2018, describes their offenses, and offense transition between their initial and second arrest. Using trend analysis, the study compares minors' reoffending level in the years before and after the reform. The findings suggest significant differences in minors' reoffending level between the years preceding and following the legal reform. Possible explanations for the findings are offered, and the article concludes with policy implications and directions for future research.

Evolving jurisprudence on conversion therapy: Reconsidering ethics in mental health systems.

Since the Delhi High Court judgement (2009), reading down IPC 377 that criminalised homosexuality, the Indian judiciary has been at the forefront of invoking constitutional morality to uphold LGBTQIA+ rights. In contrast, the mainstream mental health systems have failed to uphold human rights and protect LGBTQIA+ people ethically, except for a few position statements. Though the Supreme Court directed the mental health fraternity to exercise utmost sensitivity to LGBTQIA+ issues, they have not risen to the occasion. The absence of gender affirmative guidelines and failure to put in place punitive action against those practising conversion therapies set apart Indian mental health systems, in stark contrast to international mental health associations. Here, we review landmark judgments and the actions of professional mental health bodies regarding LGBTQIA+ rights in India, from 2009 to 2022 - especially those regarding conversion therapies and the discriminatory medical curriculum - to examine the deepening crisis of public health ethics.