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1.
Einstein (Sao Paulo) ; 18: eGS4442, 2020.
Artigo em Inglês, Português | MEDLINE | ID: mdl-31576910

RESUMO

OBJECTIVE: To analyze the legal demands of tiotropium bromide to treat chronic obstructive pulmonary disease. METHODS: We included secondary data from the pharmaceutical care management systems made available by the Paraná State Drug Center. RESULTS: Public interest civil action and ordinary procedures, among others, were the most common used by the patients to obtain the medicine. Two Health Centers in Paraná (Londrina and Umuarama) concentrated more than 50% of the actions. The most common specialty of physicians who prescribed (33.8%) was pulmonology. There is a small financial impact of tiotropium bromide on general costs with medicines of the Paraná State Drug Center. However, a significant individual financial impact was observed because one unit of the medicine represents 38% of the Brazilian minimum wage. CONCLUSION: Our study highlights the need of incorporating this medicine in the class of long-acting anticholinergic bronchodilator in the Brazilian public health system.


Assuntos
Broncodilatadores/economia , Medicamentos Essenciais/provisão & distribução , Necessidades e Demandas de Serviços de Saúde/legislação & jurisprudência , Função Jurisdicional , Doença Pulmonar Obstrutiva Crônica/economia , Brometo de Tiotrópio/economia , Brasil , Medicamentos Essenciais/economia , Acesso aos Serviços de Saúde/economia , Acesso aos Serviços de Saúde/legislação & jurisprudência , Acesso aos Serviços de Saúde/tendências , Necessidades e Demandas de Serviços de Saúde/economia , Necessidades e Demandas de Serviços de Saúde/tendências , Humanos , Programas Nacionais de Saúde , Doença Pulmonar Obstrutiva Crônica/tratamento farmacológico , Estudos Retrospectivos , Estatísticas não Paramétricas , Fatores de Tempo
2.
Rev Bras Enferm ; 72(3): 809-817, 2019 Jun 07.
Artigo em Inglês, Português | MEDLINE | ID: mdl-31269150

RESUMO

OBJECTIVE: To analyze the national and international scientific evidence available in the literature on types of judicialization of health lawsuits. METHOD: Integrative review, which selected primary studies in the PubMed, LILACS, Web of Science and Scopus databases, with the. DESCRIPTORS: judicial decisions, health's judicialization, Saúde (in Portuguese), Health, and the keyword: Judicial Action. RESULTS: 30 studies were selected. In Brazil, the majority were legal claims for medicines and the other for medical errors, requests for vaccines, supplies for diabetics, food compounds, surgical procedure, examinations, among others. In international studies, lawsuits were found for medication, benefit coverage and hospitalization for psychiatric treatment. CONCLUSION: It is evident that the most demanded type of lawsuit was access to the medication at an international level. It is still more noticeable the little discussion on this subject, demonstrating that judicialization of medicines can indicate a reality of Brazil.


Assuntos
Criminologia/métodos , Tomada de Decisões , Função Jurisdicional/história , Brasil , Criminologia/tendências , História do Século XXI , Direitos Humanos , Humanos
3.
Behav Sci Law ; 37(4): 372-387, 2019 Jul.
Artigo em Inglês | MEDLINE | ID: mdl-30941785

RESUMO

False confessors are stigmatized more than other exonerees. Traditional theories of stigma suggest that this difference may result from confessors being seen as more responsible for their own wrongful conviction. In the current study, we examined an important tangible consequence of stigma against false confessors-namely, that it might impede their ability to win financial restitution in post-exoneration civil lawsuits. Mock jurors (N = 129), recruited online, read a case summary in which an exoneree is seeking damages after being wrongly convicted due to a false confession or eyewitness misidentification, which either did or did not result from police misconduct. When the exoneree falsely confessed in the absence of police misconduct, mock jurors rated him as most responsible for his own conviction and expressed the most doubt over his actual innocence. Contrary to legal criteria, they also awarded him smaller compensatory and punitive damage awards. Notably, the false confessor was seen as more responsible than the misidentified exoneree even if his interrogation was highly coercive. In turn, false confessors who were seen as more responsible received smaller damage awards. Implications for trial procedure and exoneree compensation are discussed.


Assuntos
Coerção , Função Jurisdicional , Polícia , Humanos , Aplicação da Lei , Masculino
4.
Isr J Health Policy Res ; 8(1): 32, 2019 03 18.
Artigo em Inglês | MEDLINE | ID: mdl-30885255

RESUMO

Courts are political animals; as a result, they strive not only to carry out their assigned role in national governance but also to balance that role within the political and social system in which they operate. Sperling and Cohen offer an elegant, in-depth analysis of how these institutional interests have helped shape decision-making by the Israeli Supreme Court in a health policy context. In doing so, the authors tell a universal story, one with enormous resonance in the U.S.


Assuntos
Função Jurisdicional , Política , Tomada de Decisões , Política de Saúde , Humanos
5.
Behav Sci Law ; 37(2): 195-210, 2019 Mar.
Artigo em Inglês | MEDLINE | ID: mdl-30883891

RESUMO

Fingerprint examiners regularly participate in tests designed to assess their proficiency. These tests provide information relevant to the weight of fingerprint evidence, but no prior research has directly examined how jurors react to proficiency testing information. Using a nationally representative sample of American adults, we examined the impact of proficiency testing information on the weight given to the opinions of fingerprint examiners by mock jurors considering a hypothetical criminal case. The fingerprint examiner's level of performance on a proficiency test (high, medium, low, or very low), but not the type of error committed on the test (false positive identifications, false negative identifications, or a mix of both types of error), affected the weight that jury-eligible adults gave to an examiner's opinion that latent fingerprints recovered from a crime scene matched the defendant's fingerprints, which in turn affected judgments about the defendant's guilt. Jurors who had no information about proficiency gave similar weight to the testimony as jurors exposed to highly proficient examiners, suggesting that jurors assume fingerprint examiners perform at high levels of proficiency unless informed otherwise. We also found that a plurality of Americans deems false acquittals just as aversive as false convictions and a significant minority deems false acquittals more serious. These differences in error aversions predicted differences in evidentiary assessments, suggesting that error aversions of jurors may play an important role in criminal trials.


Assuntos
Crime , Direito Penal , Tomada de Decisões , Dermatoglifia , Culpa , Julgamento , Adulto , Criminosos , Humanos , Função Jurisdicional , Estados Unidos
6.
Hastings Cent Rep ; 48 Suppl 4: S46-S48, 2018 Nov.
Artigo em Inglês | MEDLINE | ID: mdl-30584858

RESUMO

The determination of death by neurological criteria-"brain death"-has long been legally established as death in all U.S. jurisdictions. Moreover, the consequences of determining brain death have been clear. Except for organ donation and in a few rare and narrow cases, clinicians withdraw physiological support shortly after determining brain death. Until recently, there has been almost zero action in U.S. legislatures, courts, or agencies either to eliminate or to change the legal status of brain death. Despite ongoing academic debates, the law concerning brain death has remained stable for decades. However, since the Jahi McMath case in 2013, this legal certainty has been increasingly challenged. Over the past five years, more families have been emboldened to translate their concerns into legal claims challenging traditional brain death rules. While novel, these claims are not frivolous. Therefore, it is important to understand them so that we can address them most effectively.


Assuntos
Morte Encefálica , Morte , Morte Encefálica/diagnóstico , Morte Encefálica/legislação & jurisprudência , Consenso , Dissidências e Disputas , Humanos , Função Jurisdicional , Exame Neurológico/métodos
7.
Health Hum Rights ; 20(1): 121-132, 2018 Jun.
Artigo em Inglês | MEDLINE | ID: mdl-30008557

RESUMO

Judicial readings of the right to health-and related rights-frequently possess something of an "all or nothing" quality, exhibiting either straightforward deference to allocative choices or conceptualizing the right as absolute, with consequent disruption to health systems, as witnessed in Latin America. This article seeks to identify pathways through which a normatively intermediate approach might be developed that would accord weight to rights claims without overlooking the scarcity of health resources. It is argued that such development is most likely both to accompany and support a role for courts as institutions functioning within a society that is characterized by a deliberative conception of democracy.


Assuntos
Alocação de Recursos para a Atenção à Saúde/tendências , Direitos Humanos/legislação & jurisprudência , Função Jurisdicional , Direitos do Paciente/legislação & jurisprudência , Acesso aos Serviços de Saúde/legislação & jurisprudência , Humanos
8.
Behav Sci Law ; 36(3): 339-357, 2018 May.
Artigo em Inglês | MEDLINE | ID: mdl-29676480

RESUMO

This study used a mixed quantitative-qualitative methodology to examine whether mock jurors considered a defendant's meta-responsibility - specifically, the defendant's medication noncompliance and degree of insight into his/her schizophrenia - when determining the person's criminal responsibility. The degree of expert witness explanation regarding these factors was also varied. Participants (n = 173) were grouped into 30 juries, randomized across five conditions, and shown mock testimony and attorney arguments based on a real not guilty by reason of insanity court case. Linear mixed-modeling analysis showed that manipulations of medication compliance, insight, and expert testimony elaboration did not predict differential verdict and meta-responsibility outcomes. Nevertheless, qualitative exploration of focus groups from five juries (n = 29) indicated that participants across groups strongly considered meta-responsibility, but did so in a way that, along with a host of other considerations, suggested mock jurors were unable and/or unwilling to follow their duties as the triers of fact. Implications for legal participants, expert witnesses, and researchers are discussed.


Assuntos
Direito Penal/métodos , Criminosos/psicologia , Adesão à Medicação/psicologia , Adulto , Direito Penal/tendências , Feminino , Humanos , Função Jurisdicional , Masculino , Resolução de Problemas , Comportamento Social , Estados Unidos , Adulto Jovem
9.
Behav Sci Law ; 36(3): 358-372, 2018 May.
Artigo em Inglês | MEDLINE | ID: mdl-29691882

RESUMO

The role of experts and their presentation of testimony in insanity cases remain controversial. In order to decrease possible expert bias associated with this testimony, a number of different alternatives to adversarial presentation have been suggested. Two such alternatives are the use of court-appointed experts and the use of concurrent testimony (or "hot-tubbing"), in which opposing experts provide testimony concurrently and converse with each other directly. An experiment using a sample of venire jurors (n = 150) tested the effect of these alternatives. Results indicate that participants' pre-existing attitudes towards the insanity defense had significant effects on their comprehension of expert testimony, their evaluations of the two opposing experts, and their eventual verdicts, over and above the presentation format (i.e., concurrent vs. traditional testimony) or the use of court-appointed experts (vs. traditional adversarial experts). When concurrent testimony was presented, defense-favoring experts were perceived by jurors as more credible than their traditional counterparts, though comprehension of the testimony did not increase; nor did the presentation format or the affiliation of the experts affect verdicts. The legal and policy implications of the incorporation of the hot-tubbing procedure to US courts are discussed.


Assuntos
Prova Pericial/legislação & jurisprudência , Prova Pericial/métodos , Defesa por Insanidade , Atitude , Feminino , Humanos , Função Jurisdicional , Masculino , Transtornos Psicóticos/diagnóstico , Transtornos Psicóticos/psicologia , Estados Unidos
10.
Exp Clin Psychopharmacol ; 26(1): 85-93, 2018 02.
Artigo em Inglês | MEDLINE | ID: mdl-29389171

RESUMO

A key component of drug courts is regular status hearings in which the judge reviews client progress and imposes sanctions or rewards for infractions or achievements; however, little is known about whether drug court clients fully understand the reasons for judicial responses and make clear connections between their behavior and judicially imposed consequences. Thus, we hypothesized that providing graphic performance feedback would improve clients' perceptions of procedural justice and increase the likelihood of success. This study examines the feasibility, acceptability, and preliminary efficacy of a visual performance feedback (VPF) procedure designed to improve judge-client communication during status hearings. Seventy-five adult misdemeanor drug court participants were randomized to a VPF (n = 37) or status hearings as usual (n = 38) condition. In the VPF condition, the judge projected and described two graphs for each client (i.e., abstinence rates, treatment attendance for the past two months). Outcomes included feasibility, client and stakeholder acceptability, urinalysis-confirmed abstinence, treatment attendance, perceptions of procedural justice, and duration of client-judge interactions. Findings revealed a high level of judge adherence to the VPF (feasibility), client and stakeholder acceptability of the VPF procedure, and significantly longer client-judge interactions in the VPF condition. No significant differences were observed for client-level efficacy outcomes. Overall, this study demonstrated that providing VPF to drug court clients during judicial status hearings is feasible and acceptable. Future fully powered trials of the VPF procedure are needed to further examine its efficacy in improving outcomes for drug court clients. (PsycINFO Database Record


Assuntos
Comunicação , Usuários de Drogas/psicologia , Retroalimentação Sensorial , Função Jurisdicional , Satisfação do Paciente , Estudos de Casos e Controles , Estudos de Viabilidade , Feminino , Humanos , Masculino , Avaliação de Programas e Projetos de Saúde , Distribuição Aleatória , Fatores de Tempo , Adulto Jovem
11.
Behav Sci Law ; 36(1): 32-45, 2018 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-29460437

RESUMO

The number of problem-solving courts has grown substantially since the mid-1990s. Research consistently indicates that participation in these courts lowers recidivism, which is often attributed to defendants' increased perceptions of procedural justice in these programs. Yet, prior studies are limited in their focus, often examining interactions with the judge in a single court or examining defendant perceptions and outcomes at a single time point. In the present study, we investigate defendant perceptions of procedural justice with judges and case managers across multiple problem-solving courts over time. Findings indicate that procedural justice varies across court actors and over time. Procedural justice is lower among judges than among case managers; however, changes in perceptions of procedural justice with the judge are associated with improved court outcomes. We suggest that defendant perceptions are variable and complex but important in explaining variations in outcomes.


Assuntos
Direito Penal/métodos , Função Jurisdicional , Resolução de Problemas , Humanos
13.
Violence Against Women ; 24(12): 1474-1496, 2018 10.
Artigo em Inglês | MEDLINE | ID: mdl-29355079

RESUMO

One in three U.S. women has experienced intimate partner violence (IPV) and many seek domestic violence protective orders (DVPOs) for secondary IPV prevention. Because judges have considerable autonomy making DVPO decisions, there is a need to describe how courtroom interactions and information available to judges may influence DVPO dispositions. We conducted DVPO hearing observations and phone interviews with District Court Judges. Qualitative themes emerged that may influence judges' decision making in DVPO hearings: case information availability, judge engagement level, and litigant credibility. Recommendations include more time for judges to review case files, IPV-related training for judges, and increased court advocate use.


Assuntos
Mulheres Maltratadas/legislação & jurisprudência , Vítimas de Crime/legislação & jurisprudência , Violência por Parceiro Íntimo/legislação & jurisprudência , Comportamento de Escolha , Feminino , Humanos , Violência por Parceiro Íntimo/prevenção & controle , Função Jurisdicional , Masculino , North Carolina , Pesquisa Qualitativa
14.
Behav Sci Law ; 36(1): 65-83, 2018 Jan.
Artigo em Inglês | MEDLINE | ID: mdl-28881042

RESUMO

Research has shown that the low-activity MAOA genotype in conjunction with a history of childhood maltreatment increases the likelihood of violent behaviors. This genetic-environment (G × E) interaction has been introduced as mitigation during the sentencing phase of capital trials, yet there is scant data on its effectiveness. This study addressed that issue. In a factorial design that varied mitigating evidence offered by the defense [environmental (i.e., childhood maltreatment), genetic, G × E, or none] and the likelihood of the defendant's future dangerousness (low or high), 600 mock jurors read sentencing phase evidence in a capital murder trial, rendered individual verdicts, and half deliberated as members of a jury to decide a sentence of death or life imprisonment. The G × E evidence had little mitigating effect on sentencing preferences: participants who received the G × E evidence were no less likely to sentence the defendant to death than those who received evidence of childhood maltreatment or a control group that received neither genetic nor maltreatment evidence. Participants with evidence of a G × E interaction were more likely to sentence the defendant to death when there was a high risk of future dangerousness than when there was a low risk. Sentencing preferences were more lenient after deliberation than before. We discuss limitations and future directions.


Assuntos
Pena de Morte , Direito Penal , Interação Gene-Ambiente , Função Jurisdicional , Criminosos , Humanos , Aplicação da Lei
15.
Dynamis (Granada) ; 38(1): 163-187, 2018.
Artigo em Espanhol | IBECS | ID: ibc-173244

RESUMO

A pesar de que, desde el siglo XVIII, surgieron en Europa las críticas y los debates sobre la convivencia de enfermos mentales y delincuentes sanos, a lo largo del siglo XIX no se crearon instituciones específicas en España. En el Manicomio Nacional de Leganés ingresaron pacientes dementes procesados desde su inauguración en 1852, la mayoría de ellos, tras la publicación del Real Decreto de 15 de mayo de 1885. El objetivo de este trabajo es estudiar la población «penada o procesada» hospitalizada en esta institución de carácter estatal, durante los primeros cien años del establecimiento. Se han revisado las historias clínicas de todos los sujetos con causas penales ingresados entre 1852 y 1952, realizando un análisis de variables sociodemográficas y clínico-terapéuticas con el paquete estadístico SPSS v21, además de estudiar cuestiones de carácter administrativo-judicial. Se observa que durante el primer siglo de existencia del Manicomio fueron internados poco más de un centenar de enfermos con causas pendientes (3,6% del total de pacientes), casi la mitad entre 1886 y 1896, generando problemas organizativos y económicos en el hospital (AU)


No disponible


Assuntos
Humanos , História do Século XIX , História do Século XX , Prisões/história , Psiquiatria/história , Saúde Mental/história , Controle de Formulários e Registros/história , Registros Médicos , Internação Compulsória de Doente Mental/história , Função Jurisdicional/história
16.
Med Sci Law ; 57(4): 211-219, 2017 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-28992745

RESUMO

The aim of this study was to establish whether more consistent/accurate juror decision making is related to faster decision-making processes which use fewer cues - that is, fast and frugal heuristic processes. A correlational design was implemented with the co-variables: consistency of verdict decisions (participant decisions compared to the actual court verdicts), decision speed, and cue utilisation (the number of cues used to make a final verdict decision). Sixty participants read information about six murder trials which were based on real cases and whose outcome verdicts were deemed to be correct by the Scottish legal institution. Three of the cases had been handed down 'not guilty' verdicts, and three had been handed down 'guilty' verdicts. Participants read opening statements and were then presented with a block of prosecution evidence, followed by a block of defence evidence. They were then asked to make a final verdict. All three co-variables were significantly related. Cue utilisation and speed were positively correlated, as would be expected. Consistency was negatively and significantly related to both speed and cue utilisation. Partial correlations highlighted that cue utilisation was the only variable to have a significant relationship with consistency, and that the relationship between speed and consistency was a by-product of how frugal the juror was. Findings support the concept of frugal decisional processes being optimal within a juror context. The more frugal a decision is, the more likely jurors are to be to be accurate/consistent.


Assuntos
Tomada de Decisões , Julgamento , Função Jurisdicional , Adolescente , Adulto , Direito Penal/legislação & jurisprudência , Feminino , Humanos , Masculino , Fatores de Tempo , Adulto Jovem
17.
Child Abuse Negl ; 72: 266-275, 2017 Oct.
Artigo em Inglês | MEDLINE | ID: mdl-28865397

RESUMO

Very little research has been conducted on the role of childhood adversity in child-to-parent violence. Childhood adversity places youth at risk for internalizing behaviors (i.e. anxiety and depression) and externalizing behaviors (i.e. aggression). The purpose of this study was to explore the relationships between childhood adversity, child-mother attachment, and internalizing behaviors among a sample of 80 youth who have been arrested for domestic battery against a mother. This study reported high prevalence rates of childhood adversity (mean score of 10 out of 17 events). Multiple regression analysis indicated that insecure attachment predicted depression among females (F(6, 73)=4.87, p<0.001), and previous experience with child maltreatment and/or witness to parental violence predicted anxiety among females (F(6, 73)=3.08, p<0.01). This study is the first study to explore childhood adversity among a sample of perpetrators of child-to-mother violence and notably adds to our understanding of the multiple pathways connecting childhood adversity, child-mother attachment, and depression and anxiety among a difficult to treat youth population.


Assuntos
Maus-Tratos Infantis/psicologia , Exposição à Violência/psicologia , Relações Mãe-Filho , Apego ao Objeto , Violência , Adolescente , Agressão , Ansiedade , Criança , Estudos Transversais , Depressão , Feminino , Humanos , Função Jurisdicional , Delinquência Juvenil/legislação & jurisprudência , Masculino , Prevalência , Análise de Regressão , Sudeste dos Estados Unidos
18.
Child Abuse Negl ; 74: 62-72, 2017 Dec.
Artigo em Inglês | MEDLINE | ID: mdl-28882320

RESUMO

Ground rules directions are given to children in forensic interviews to explain what is expected of them, and to reduce their tendency to acquiesce to erroneous or incomprehensible questions. Ground rules may also be necessary when children provide testimony in court. Drawing on research conducted for the Australian Royal Commission into Institutional Responses to Child Sexual Abuse, the present study examined the use of ground rules directions delivered in court in 52 trials by 24 presiding judges in three jurisdictions to 57 child complainants (aged 7-17.5 years). Eleven categories of rules were identified. The number of words spoken to deliver each rule was counted, and grade-level readability scores were calculated as a proxy for the complexity of the ground rules. When judges asked comprehension or practice questions, the question types were coded. More than one third of the children (35%) received no ground rules directions from the judge; the remaining 65% received directions on an average of 3.5 types of ground rules out of a maximum of 11 types. While comprehension questions were common, practice questions were rare. Comprehension questions were most often presented in a yes/no format that implied the expected response, although this form of question is unlikely to provide an effective assessment of a child's comprehension. Neither the number of rules delivered nor the number of words used was related to children's age. Implications for children's court testimony are discussed.


Assuntos
Abuso Sexual na Infância/legislação & jurisprudência , Abuso Sexual na Infância/psicologia , Compreensão , Formação de Conceito , Medicina Legal/legislação & jurisprudência , Função Jurisdicional , Jurisprudência , Adolescente , Austrália , Criança , Feminino , Humanos , Masculino
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