Legal Settings Research Articles

Interviewing Asylum-Seeking Children: A Scoping Review of Research to Inform Best Practices.

Immigration interviews with asylum-seeking youth have been largely understudied. In domestic legal settings, children interviewed about abuse and maltreatment provide more detailed, relevant responses when asked open-ended questions and when interviewed in a neutral environment, among other supportive practices. In asylum settings, guidance for interviews with youth derives from the United Nations Convention on the Rights of the Child. It is not clear to what extent best practices are employed during asylum interviews with youth. This scoping review was performed to (a) provide an overview of empirical literature on interviews with children in immigration settings, including border screenings, interviews with representatives, and asylum hearings, (b) explore whether best practices derived from forensic psychology and children's rights are observed in asylum interviews, (c) identify unique interview needs of asylum-seeking youth, and (d) derive implications for research and practice. A scoping review of three databases conducted in October 2023 yielded titles, of which 29 articles met inclusion criteria. These comprised quantitative and qualitative studies in English from 2003 to 2023. Three articles identified were quantitative, and 26 were qualitative. While several articles touched on interview practices and youth's experiences of interviews, only a few examined how asylum-seeking youth responded to different interview factors such as question type and interview setting. Key findings highlight inconsistent application of best practice principles, and several areas where best practices to support asylum-seeking children require clarification through further research.

The structured assessment of violence risk in youth demonstrates measurement invariance between Black and White justice-referred youths.

Identification and implementation of effective methods for reducing racial/ethnic bias and disparities in legal settings are paramount in the United States and other countries. One procedure originally thought to reduce bias in legal decisions is the use of risk assessment instruments, which is now being heavily scrutinized. Measurement invariance, a latent trait technique, is a robust method for assessing one form of bias. Measurement invariance involves determining whether risk items in an instrument appear to be functioning the same between racial or other groups. Thus, the present study examined measurement invariance of the Structured Assessment of Violence Risk in Youth (SAVRY) between non-Latino Black and White youths to examine racial bias. We expected the SAVRY to be invariant (lacking measurement bias) between Black and White youths. The sample included 687 Black and 361 White youths, and the study used a large, multistate data set of SAVRYs conducted by probation officers. We conducted measurement invariance testing in a series of hierarchical steps including testing configural and scalar invariance. The SAVRY demonstrated scalar invariance (equal thresholds for ratings from "low" to "moderate" and "moderate" to "high") for all items except one-community disorganization. The findings lend further credibility to the SAVRY, and the structured professional judgment approach, as a method to assess violence risk and case planning needs among youths involved in the legal system. These findings provide more confidence that significant differences in SAVRY risk level or items between Black and White youths are not based in measurement bias, with the exception of the community disorganization item. Potential fixes discussed include eliminating or deemphasizing this item in final risk level ratings. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Comparative Study of Essential Religious Practices under Secularism in India, France, and the USA

This paper compares and contrasts the idea of fundamental religious practices under secularism in France, India, and the US, examining how each nation strikes a balance between religious liberty and official impartiality. A positive secularism approach exists in India, where the state interacts with religion to guarantee equality while courts decide what "essential religious practices" are worthy of constitutional protection. France adheres to a more rigorous form of secularism called laïcité, which emphasizes a clear separation between religion and state, frequently limiting religious expression in the sake of maintaining governmental neutrality, particularly with regard to Islam. Under the First Amendment, the United States employs a separationist approach that guarantees both the free exercise of religion and its non-establishment. However, there are obstacles in balancing religious liberty with public policy and anti-discrimination laws. The study comes to the conclusion that although all three nations strive to maintain secularism, there are differences in how different historical, cultural, and legal settings are interpreted, making it difficult to accommodate religious practices.

Eyewitness Testimony – How Reliable is It?

This paper examines the intricacies associated with eyewitness testimony in legal settings, emphasizing its crucial role as evidence while also addressing its fundamental limitations. An eyewitness is described as an individual who witnesses an event firsthand, and their description can greatly influence the court's decisions. Nevertheless, factors such as stress, racial bias, focus on firearms, and memory lapses can compromise the accuracy of these accounts. The article analyses the legal framework established by the Bharatiya Sakshya Adhiniyam, 2023, which pertains to the competency of witnesses and the reliability of their testimonies. An analysis of the prominent wrongful conviction case of Ronald Cotton, highlights the fallibility of human memory. Furthermore, a review of pertinent psychological studies indicates that eyewitness memory is reconstructive and susceptible to inaccuracies. The necessity for corroborative evidence, expert opinions, and enhanced identification processes is highlighted as a means to improve the reliability of eyewitness testimonies and reduce wrongful convictions, thereby upholding the integrity of the trial process. In summary, this study advocates for a thorough reassessment of eyewitness testimony within a wider legal context to ensure justice.

A new approach to modeling transdermal ethanol kinetics.

Measurement of ethanol above the skin surface (supradermal) is used to monitor blood alcohol concentrations (BAC) in both legal and consumer settings. Previously, the relationship between supradermal alcohol concentration (SAC) and BAC was described using partial and ordinary differential equations (PDE model: J. Appl. Physiol. 100: 649-55, 2006). Using a range of BAC profiles by varying absorption times and peak concentrations, the PDE model accurately predicted experimental measures of SAC. Recently, other mathematical models have relied on the PDE model. This paper proposes a new approach to modeling transdermal ethanol kinetics using a mass transfer coefficient and only ordinary differential equations (ODE model). Using a range of BAC profiles, the ODE model performed very similarly to the PDE model. The ODE model had slightly slower washout rates and slightly slower times to peak SAC and to zero SAC. Similar to the PDE model, a sensitivity analysis on the ODE model showed changes in solubility and diffusivity within the stratum corneum, stratum corneum thickness, and the volume of gas above the skin affected model performance. This new model will streamline integration into larger physiologic models, reduce computation time, and decrease the time to transform skin alcohol measurements to blood alcohol concentrations.

Inclusion and protection in tension: Reflections on gathering sexual orientation and gender identity data in the workplace

AbstractThis article addresses the complex issue of sexual orientation and gender identity (SOGI) data collection in workplaces, highlighting the intricate balance between fostering inclusion and mitigating potential harm and exclusion. This tension manifests uniquely across diverse cultural, legal, and organizational settings. We review existing literature, offer practical guidance for decision‐makers, and outline future research avenues. While SOGI data collection in workplaces can enhance diversity, equity, and inclusion (DEI) initiatives and elevate the visibility of lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ+) employees, challenges include the risk of discrimination, privacy concerns, and linguistic complexities. To address these, researchers and practitioners must consider the purpose, language, and cultural context of data collection, involving LGBTIQ+ stakeholders, and conducting reconnaissance studies. Future research opportunities lie in understanding employee willingness to share SOGI data, motivations of human resource (HR) and DEI professionals, and the impact on organizational culture. Reimagining LGBTIQ+ research to ease the tension between inclusion and protection, we conclude that responsible SOGI data collection demands a nuanced approach that prioritizes inclusion and equity while addressing privacy concerns and potential harm.

Investigating Multidirectional Violence in Eastern Congo: Owning ‘Genocide’ and Pre-judicial Atrocity

Researching mass violence and genocide in the eastern Democratic Republic of Congo is academically, politically, and socially fraught. In this country, multiple claims are laid on genocide as a marker of suffering and destruction. This article discusses research carried out with Banyamulenge soldiers as layered actors in perpetration of mass violence. It discusses their assertions of self-defense and victimhood that touch on other Congolese cases of mass violence. As a group, these soldiers serve as an archetype of the actors in stories of multidirectional mass violence in Congo. The problematic, yet rich, nature of this fieldwork is discussed in two observations: the narrative notion of a group owning genocide as exclusive suffering, and how researchers can approach pre-judicial atrocity, meaning violence that is yet to be established in a legal setting or even in an agreed historical record. I examine the innovation and limitations of seeing subjectivity in Congo-based genocide research, notwithstanding or perhaps because of the highly fraught nature of this term and its uses. These discussions are supported with an analysis of my own positionality as a researcher in this field. The intention is that emerging researchers can apply this discussion of how to approach ownership of genocide and prejudicial atrocity to other contexts, and more broadly encourage subjective approaches in the field of perpetrator research.

Comprehension of Miranda warnings in adults with chronic, moderate-severe traumatic brain injury

IntroductionTo compare comprehension of Miranda rights in adults with traumatic brain injury (TBI) versus adults without TBI as measured by response accuracy on the Miranda Right Comprehension Instruments. MethodsData were collected virtually via teleconferencing from July 2022 to February 2023. Participants included 25 adults with moderate-severe TBI (12 females, 13 males) and 25 adults without TBI (12 females, 13 males), ages 20-55 years. In this observational study, both groups (with and without TBI) completed the Miranda Right Comprehension Instruments (MRCI), which includes four instruments including Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Function of Rights in Interrogation, Comprehension of Miranda Vocabulary instruments. Response accuracy on the MRCI was compared across groups. ResultsThe TBI group was significantly less accurate when responding to questions on the MRCI compared to the NC group. ConclusionIndividuals with chronic moderate-severe TBI underperform their non-injured peers on the Miranda Rights Comprehension Instruments, a tool used in legal settings when there is doubt about an individual's understanding of their Miranda rights. TBI is a risk factor for disruptions in comprehension of language in legal contexts that may, in part, contribute to the increased interaction with the criminal justice system and incarceration for individuals with TBI. Implications for policy, advocating, and intervention are discussed.

Legal requirements for reporting clinical cases to the South African police or social services.

Medical confidentiality is the cornerstone for a trustful relationship between patients and the health professionals attending to them. However, when history or clinical findings suggest certain offenses, statutory laws (Children's Act, Older Persons Act, Mental Health Care Act, Sexual Offenses Act) establish a legal obligation for health professionals to report suspected instances of abuse to the police or alternatively, in some cases, to a designated social worker. Given the high rate of domestic violence and abuse in South Africa, health professionals are most likely to encounter such situations. Many clinicians are oblivious of the obligations, exposing themselves to possible liability and their patients to potential additional harm. This article aims to demonstrate the reporting requirements under the respective acts through case scenarios. Finally, the advantages and disadvantages of the existing legal setting are discussed briefly.

Hyping the Hypothetical: Talk and Temporality in US Supreme Court Oral Arguments

The US Supreme Court conducts much of its business through talk, including during oral arguments, where a central activity is the consideration of hypotheticals posed by justices. Using conversation analysis, I examine a key segment of the oral arguments for Citizens United v. FEC, one that arguably changed the course of campaign finance history. I identify the conversational devices employed to advance and contest one particular hypothetical, involving an imagined ban on books, subject to a speech-exchange system that differentially empowers justices to dictate both the terms of the discussion and the time afforded the advocate to respond to any particular question. The article offers the first disciplined qualitative analysis of interaction during oral arguments, illustrates the place of temporality in legal reasoning and argumentation, and makes several contributions to conversation analysis: it advances the study of institutional talk to a new legal setting, identifies some ways in which the machinery of talk can be harnessed for rhetorical effect, and demonstrates the analytical utility of prior knowledge of what a participant arrives to an encounter equipped to say.

Google and Legal Translation: The Case Study of Contracts

In recent years, the need for Machine Translation (MT) has grown, especially for translating legal contracts between languages like Arabic and English. This study primarily investigates whether Google Translator can adequately replace human translation for legal documents. Utilizing a widely popular free web-based tool, Google Translate, the research method involved translating six segments from various legal contracts into Arabic and assessing the translations for lexical and syntactic accuracy. The findings show that although Google Translate can quickly produce English-Arabic translations, it falls short compared to professional translators, especially with complex legal terms and syntax. Errors can be categorized into: polysemy, homonymy, legal doublets, and adverbs at the linguistic level, and morphological parsing, concord, and modality at the syntactic level. The study concludes with recommendations for enhancing machine translation systems and suggests caution in using Google Translate for legal purposes, advocating for continued reliance on human expertise in legal settings.

Psychosocial Perspectives on Child Mental Health in Custody Disputes: A Qualitative Study from Urban Bengaluru

Background: Divorce has become a common contemporary phenomenon in India. In this context, the child is pulled into the vortex of parental disputes over the child’s custody. The spiteful and protracted nature of these legal cases adversely affects the child’s mental health. Despite the growing research in the Western context, the understanding of this phenomenon and its psychosocial impact on children in India is still in its infancy. In this background, this study aimed to explore key child mental health and related psychosocial issues in the context of child custody cases in urban India. Method: The study explored the psychosocial complexities of child custody cases by interviewing 24 key informants using a semi-structured interview guide. The key informants comprised seven mental health professionals and seven legal professionals working in the area of child custody and access. It also included 10 parents who were contesting parties in child custody cases. They were selected using a purposive sampling method over a period of 6 months. Results: Seven themes identified using thematic analysis were: (a) parent–child relationship and interaction; (b) parenting dynamics; (c) parental mental health issues; (d) malicious acts by parents; (e) child’s adjustment to changes in life; (f) issues in the school context; and (g) child mental health issues. Conclusion: This study highlighted the potential risk factors in the familial context that adversely affect the child’s well-being and mental health in custody disputes. Therefore, interventions at the family level in the legal setting are crucial in the mitigation of these risks. In child custody cases, the coordination and liaison of child mental health professionals with the judicial system is crucial for child mental health promotion and safeguarding the best interests of the child.

Innovation within teaching (EnglishSpanish) legal translation: hypernymy as a (sub)estimated translation technique

Globally, the pursuit of translation items is a highly complex, time-consuming issue within international legal settings. It is directly linked to legal systems, with their own lexicon, and meaning. In this article, we seek to show and argue how translators of Law may also resort to a somewhat innovative translation technique, such as hypernymy, to provide a wider lexical equivalent. To achieve our objective, we will generate a list of 18 (North American and Briths) legal items defined by their Spanish translation complexity – parting from our UAM University legal translation students’ outcomes (from a teaching innovation project) – and by their relationship to tribunals and courts decisions. These terms will be looked up (and compared) in both print and online dictionaries, and we will then provide one (or more) hypernym for each of them. By researching and discussing this issue, we will illustrate how helpful hypernyms are in providing innovative translation alternatives.

Frustration and fidelity: how public interest lawyers navigate procedure in the direct representation of asylum seekers

AbstractPublic interest lawyers seek to empower clients through collaborative approaches to direct representation that redistribute legal knowledge and affirm clients’ agency; however, the legal settings in which attorneys operate shape their capacity to subvert dynamics they consider oppressive. Based on twenty months of ethnographic fieldwork at a legal nonprofit serving asylum seekers in Los Angeles, this study explores how the broader environment of a restrictive immigration system transforms the aspirations, possibilities, and strategies of public interest lawyering. Drawing from sociolegal literature on cause lawyers, access to justice, and the U.S. immigration system, the article argues that the politicization of the U.S. immigration bureaucracy destabilizes foundational legal norms, hindering the agenda of public interest attorneys. Procedural formalism constitutes one of the only resources at attorneys’ disposal, yet here it often impedes lawyers’ ability to disrupt perceived power hierarchies. Specifically, the prevalence of complex legal procedures that obstruct access to asylum reconfigures opportunities to uplift clients. These findings illuminate how hostile legal settings strain lawyers. They also contribute to timely debates around how attorneys protect access to justice and advance meaningful social transformation.

Apologies, Remorse, and Amends: Empirical Legal Studies Across Domains and Disciplines

The role of apologies in law is offered as an example of a topic that cuts across legal fields, and one that is quintessentially interdisciplinary. Because apologies are an often-desired response in the wake of a wrongful act, they can be significant in many legal settings. Apologies or the lack thereof affect attributions of responsibility and blame, provide information, and alter relationships. Apologies play a role in motivating or forestalling legal action, shape settlement in civilcases, influence punishment in criminal cases, provide alternate or complementary means of accountability, and impact relations among parties to conflict from the interpersonal to the geopolitical. An understanding of apologies is enriched by research conducted by legal scholars, sociologists and psychologists, economists and political scientists, historians and linguists, and criminologists, using methods drawn from each of these fields. This range of empirical research is necessary to successfully develop a better understanding of the desire for, effects of, and limits of apologies across varied legal contexts and the implications for client counseling and legal strategy, for legal reform and systems design, for political decision making, and for procedural, restorative, and transitional justice.

Mental capacity assessment in the multi-professional real world: a qualitative study of six areas of uncertainty.

The Mental Capacity Act 2005 of England and Wales is a ground-breaking piece of legislation with reach into healthcare, social care and legal settings. Professionals have needed to develop skills to assess mental capacity and handle malign influence, but it is unclear how assessments are implemented in real world settings. Our previously reported survey found professionals juggling competing resources in complex systems, often struggling to stay up to date with law.The current follow-up study uses one-to-one interviews of professionals to characterise in detail six areas of uncertainty faced when assessing mental capacity, whilst suggesting ways to make improvements. Forty-four healthcare, social care and legal professionals were interviewed, using a semi-structured topic guide. Transcripts were analysed using framework analysis: a qualitative technique built to investigate healthcare policy. Our topic guide generated 21 themes. In relation to the six areas of uncertainty: 1) Many participants stressed the importance of capturing a holistic view, adding that their own profession was best-placed for this - although a medical diagnosis was often needed. 2) The presumption of capacity was a laudable aim, though not always easy to operationalise and occasionally being open to abuse. 3) There was cautious interest in psychometric testing, providing a cognitive context for decisions. 4) Undue influence was infrequent, but remained under-emphasised in training. 5) Multi-professional assessments were common, despite doubts about fitting these within local resources and the law. 6) Remote assessment was generally acceptable, if inadequate for identifying coercion. Practical constraints and competing demands were reported by professionals working within real world systems. Assessment processes must be versatile, equally applicable in routine and emergency settings, across diverse decisional types, for both generalist and specialist assessors, and able to handle coercion. Recognising these challenges will guide development of best practices in assessment and associated policy.

Screening and identification of fetal alcohol spectrum disorder in criminal legal settings: A realist review.

Screening for fetal alcohol spectrum disorder (FASD) has been identified as a promising approach to improve recognition, understanding and effective response to the unique needs of those with FASD in criminal legal settings. However, to date, there has been limited synthesis of relevant screening tools, indicators, or implementation considerations in this context. The present review aimed to synthesise evidence and develop a conceptual framework for understanding how, when, why, for whom and by whom FASD screening tools, items and/or indicators and characteristics serve to accurately identify people with FASD in criminal legal contexts, with consideration of individual and system needs relevant to effective implementation and response. A preregistered search was conducted using a modified realist review framework for both peer-reviewed articles and grey literature. Included sources were available in English, which focused on individuals with prenatal alcohol exposure and/or FASD with criminal legal involvement and offered new empirical evidence. Sources were reviewed using the Quality Control Tool for Screening Titles and Abstracts by Second Reviewer framework, extracted using a structured coding form and narratively synthesised. The search yielded 52 sources, 11 FASD screening tools designed for or applied in criminal legal settings and 38 potential FASD indicators or characteristics relevant to identifying people who may have FASD in criminal legal settings, organised into six conceptually related domains. There was limited evidence supporting the psychometric properties of screening tools across populations or settings, though growing evidence highlights the promise of some instruments. Although few studies characterised potential considerations to be made when implementing a screening tool or approach, both system and individual level needs related to recognising and effectively responding to FASD in criminal legal contexts were identified, and findings revealed strong support among legal and clinical professionals regarding the need for FASD screening in these settings. Findings of this review can be used to inform the development, selection, implementation and evaluation of FASD screening tools in criminal legal settings and underscore a continued need for enhanced resources, policy and cross-sectoral response to better support the needs of people with FASD in the criminal legal contexts.

Mental health and wellbeing in mesothelioma: A qualitative study exploring what helps the wellbeing of those living with this illness and their informal carers

PurposeMesothelioma is an incurable, asbestos related cancer with a poor prognosis. Little is known about how patients and carers living with the condition manage their mental health and wellbeing needs. This paper reports findings on interventions being used by patients and informal carers living with mesothelioma and those which they find most helpful. MethodsIn-depth interviews with patients (n = 10) and (informal) carers (n = 11) living with mesothelioma in the UK. We analysed our data inductively using a reflexive thematic analysis approach. ResultsParticipants described the importance of both smaller and larger actions and strategies which helped with their mental health. This included spending more time with family and friends and going on holidays. Professionals who participants said supported their mental health journey included not only specialist nurses and mental health professionals but also legal and Asbestos Support Group professionals. The latter demonstrates the unique needs and support required for this population. Exposure to asbestos as the cause of mesothelioma, has led to a social justice aspect of the experience of living with this cancer. Participants reported the importance of collective action to their mental health and wellbeing. The data indicate that patients and carers may have distinct mental health and wellbeing requirements and need to manage these in different ways at different times. ConclusionsFindings have implications for nurses and other key professionals working in healthcare, community and legal settings supporting this client group, and for those living with mesothelioma who want to understand ways to enhance their own wellbeing.

“Please make sure we don’t get this interpreter again”

Abstract Based on data obtained from semi-structured interviews with legal aid lawyers in Australia, this study examines lawyers’ experience of working with interpreters in confidential legal settings. These interviews focused on lawyers’ knowledge of the interpreting profession and their expectations of interpreting services. The findings show that lawyers overall possess a sound knowledge of how to work with interpreters, as evidenced in their recognition of the interpreter’s ethical role, their awareness of the need to accommodate the interpreter’s professional needs, and their ability to use various strategies to evaluate interpreting quality. In terms of lawyers’ expectations, they value interpreters speaking the right dialect, being patient, and complying with ethical requirements. The lawyers’ expectations of interpreting services are closely related to their professional goal. However, lawyers raise serious issues about telephone interpreting, including interpreters not working in a secure location and engaging in other activities during interpreting.

Perceptions of interpreters working for refugee clients of the psychological effects of their work

This study aims at presenting a picture of the perceptions of the interpreters working for refugees in legal and public healthcare settings in Türkiye with a focus on the psychological effects of their work. Taking this objective as a departure point, questionnaires and semi-structured interviews were conducted to investigate the causes of psychological challenges, reactions to these challenges, coping strategies, and negative and positive psychological changes that interpreters went through in the course of their work. Interviews were analyzed following a thematic analysis procedure, complemented with the analysis of the questionnaire results. The findings revealed that the interpreters came under a degree of psychological strain, including psychological stress, in the course of their work. The reasons included trauma-related stories of refugees, service providers’ lack of awareness of the interpreters’ work specifications, unfavorable working conditions, and racism against refugees in the workplace. The interpreters were also found to show certain reactions to psychological challenges, including feeling sad, crying, and sleep problems among others. Findings also revealed that the interpreters employed a few strategies to cope with these challenges such as socializing with friends, and that the interpreting work with refugees led to mostly positive psychological changes on the interpreters. The changes involved gaining self-confidence and feeling stronger than before. The findings, pinpointing the needs for support structures for interpreters working for refugees in Türkiye, will feed into the overall discussions on the psychological dimensions of interpreting for refugee clients.