Successful Appeals Research Articles

I like you, but only if not too successful: male spokespersons effectiveness

Purpose This paper aims to examine and compare the simultaneous effect of financially successful appeals and attractiveness for male spokespersons, as well as explain why and when this effect happens based on the viewer’s gender. Design/methodology/approach Two studies were designed by manipulating the success (vs absent) and attractiveness (vs average looking) of a male spokesperson and compared his marketing effectiveness in terms of purchase intention and advertising attitude. Additionally, the influence of gender through the mediating effect of negative/positive affect was compared. Findings Participants indicated lower purchase intention and advertising attitude in light of the success appeal in both studies; however, this effect was influenced by attractiveness in case of high involvement product. Additionally, success had a greater effect on ad effectiveness than attractiveness. Only for males, negative affect mediated the relationship between ad effectiveness and exposure to a successful spokesperson. Practical implications Practitioners should be aware of the negative influence of a financially successful spokesperson overall, especially if he is also very attractive and the product is a high involvement one targeting males. On the contrary, attractiveness of a successful spokesperson might cancel out negative effects for those products targeting females. Originality/value This study differs from previous studies by considering the simultaneous effect of successful and/or attractive male spokespersons on adult sample instead of college students and examine the effects for high and low involvement product.

Laboratory and clinical data integration: Toward an evidence development framework.

e18318 Background: Decision making in precision oncology relies on the timeliness of diagnostic testing. Uncertainty surrounding the clinical utility of laboratory developed molecular and next generation sequencing (NGS) tests (LDTs) has engendered a predominantly manual claims review process. Denials and delays may create hurdles for optimally treating patients, and denials may contribute to financial toxicity. ASCO’s CancerLinQ aggregates clinical data from EHRs of participating oncology practices to improve the quality of care for patients. We hypothesized that standardized clinical data could be used in the short term to appeal denials of NGS LDTs and in the long run, lead to evidence-based coverage decisions. Methods: Using National Provider Index IDs, CancerLinQ participating physicians were cross-walked to ordering physicians of tests offered from 100 U.S. laboratories using XIFIN for billing services in 2018 to evaluate the feasibility of using CancerLinQ clinical data for claims adjudication. We determined the proportion of molecular and NGS tests (based on CPT coding) initially denied and the proportion of successful appeals through a manual submission process for clinical documentation (not including CancerLinQ data). CancerLinQ clinical data were evaluated for key elements necessary for successful appeals. Results: Sixty-five percent of CancerLinQ participating physicians ordered tests from the laboratories identified. Approximately 80% of NGS and 40% of molecular services were initially denied. After appealing with clinical information through the manual process, 55% of denials were successfully overturned. Key clinical data provided manually could be automatically extracted from CancerLinQ at high rates, such as ICD-9/ICD-10 cancer diagnosis (100% of 1,082,606 patients), Stage Group (47.6 %), and treatment plan (35.9%). Metastatic disease status is available through M1-stage (23.2% of total M-Stage), AJCC Stage IV (29.0% of total AJCC Stage) and Metastatic diagnosis codes (17.2%). Conclusions: CancerLinQ contains key data elements necessary for successful appeals and can streamline the claims adjudication process, ultimately helping to build the evidence base for coverage decisions.

Other misconduct evidence in appeals against conviction in child sexual abuse trials

Child sexual abuse (CSA) trials may feature evidence relating to behaviours beyond the charges laid. This ‘other misconduct’ evidence can add context to the offending and may relate to more than one complaint or victim, indicating a pattern of thinking and behaviour, or that multiple incidents are unlikely to be coincidental. Directions to the jury regarding such evidence are complex and error prone, giving grounds for appeal. This study investigates successful appeals against conviction based on other misconduct evidence by analysing child and adult sexual assault cases listed in the Supreme Court of Appeal (Victoria) between 2004 and 2014. The appeals were equally successful in child and adult cases and equally likely to result in retrial. Specific errors in directions were identified and explanations are presented. Jury directions continue to be a source of error in sexual assault trials and can result in further attrition from the criminal justice system.

A systematic analysis of misleading evidence in unsafe rulings in England and Wales

Evidence has the potential to be misleading if its value when expressing beliefs in hypotheses is not fully understood or presented. Although the knowledge base to understand uncertainties is growing, a challenge remains to prioritise research and to continuously assess the magnitude and consequences of misleading evidence in criminal cases. This study used a systematic content analysis to identify misleading evidence, drawing information from case transcripts of rulings argued unsafe by the Court of Appeal of England and Wales. In the 7-year study period, 218 applications were successful on appeal, containing 235 cases of misleading evidence. The majority (76%) of successful appeals were based upon the same materials available in the original trial, rather than the presentation of new relevant information. Witness (39%), forensic (32%), and character evidence (19%) were the most commonly observed evidence types, with the validity of witnesses (26%), probative value of forensic evidence (12%), and relevance of character evidence (10%) being the most prevalent combinations of identified issues. Additionally, the majority (66%) of misleading evidence types relate to their interpretation at activity level. The findings suggest that many of these misleading aspects could have been prevented by providing more transparency in the relationship between evidence and hypotheses. Generally, the results contribute to gaining a more complete picture of the role of misleading evidence in the criminal justice system.

Intervention as Virtue, Obligation and Moral Duty

During its 2008 intervention in Georgia, Russia justified its actions by appealing to its responsibility to protect compatriots, civilians and soldiers. At the international level, such justification was refuted on both legal and normative grounds. However, during the Crimean crisis of 2014, Russia yet again resorted to the same kind of rhetoric, even though the Crimean case provided even less grounds for making such justification convincing for the international audience. I argue that Russia’s rhetorical choices, instead of being a mere smokescreen for the Kremlin’s realpolitik, are symptomatic. They stem from the tensions in Russia’s political identity. Out of three semantic clusters in Russia’s responsibility discourse, only one – responsibility as moral duty – enjoyed overwhelming support among its main target audience (domestic population). I suggest that the continued references to its legal and international systemic responsibilities, puzzling for international audience, were epiphenomenal to Russia’s successful appeals to its moral duties at home.

Importing Gendered Legal Reasoning from England: Wife Murders in Early Colonial India, 1805–1857

The informal criminal defence in India of ‘injured masculine honour’ was steadily narrowed over the course of the nineteenth century. Yet this remained a popular – and extremely effective – appeal to the judiciary. This article argues that such regular and successful appeals by husbands in India are best understood by examining how lethal domestic violence was represented in England, and how this cultural baggage was transferred to Indian courts as a central part of the new ‘Anglo-Muhammadan’ criminal law. Such gendered legal ideas, as I demonstrate here, seriously limited the chances that wife-killers in colonial India would be brought to justice.

No Storm Too Big for Medical Director of the Year

No Storm Too Big for Medical Director of the Year

Cognitive Treatment: Is It Covered?

Cognitive Treatment: Is It Covered?

Characteristics of Successful and Unsuccessful Appeals Against Conviction for Child Sexual Abuse

The current study investigated (a) the effect of legislative reforms and amendments to judges’ directions to juries in the success of appeals against conviction for child sexual abuse and (b) the role of delay between the offence(s) and the trial in these appeals. Appeals listed in the Victorian Court of Appeal in Australia between 2004 and 2014 were identified. Data were extracted for a number of variables including the appeal's success and the delay between the first offence and the trial. Of the 238 appeals identified, 118 (49.6%) were successful. Legislative reform showed the only significant difference between successful and unsuccessful appeals: There were more successful appeals than expected following legislative changes in 2006. Delay was raised as a ground for appeal in 11 of the 118 successful cases. Delay was associated with the ages of the victims and offenders, sex of the victims, and the victim–offender relationship. Overall, the results do not appear consistent with the goal of the reforms, which was to avoid appeals and retrials that may have occurred as a result of judicial error. Future research should determine whether the trend towards higher success of appeals is continuing, particularly in light of further legislative changes.

Evaluation of a Program for Improving Advanced Imaging Interpretation.

ObjectivesSelf-referred imaging has grown rapidly, raising concerns about increased costs and compromised quality of care. A quality improvement program using imaging interpretation criteria was designed by a national payer to ensure that noninvasive diagnostic images are interpreted by appropriately trained physicians. The objective of this program evaluation was to compare self-referral rates before and after institution of the imaging interpretation criteria program.MethodsThe imaging interpretation criteria program allocated privileges to bill for advanced imaging interpretation according to physician specialty. Nonradiologist physicians could obtain exemptions by appeal. Some physicians were not restricted in their billing because of successful appeals of the restrictions or the timing of their contract renewals. Self-referral rates were compared between the period 12 months before and 25 months after the program was initiated using t tests. The preprogram and postprogram self-referral rate for computed tomography and magnetic resonance imaging in aggregate was calculated both for the physicians that came into contact with the program and nationally, and then was stratified based on physician appeal status and reimbursement restrictions.ResultsThe program was associated with significantly less frequent self-referrals by physicians whose appeals were denied (17.4%–8.2%; P = 0.0011) and by physicians notified of the program but not subject to it (24.8%–18.5%; P = 0.026). Self-referrals in the program states declined from 19.9% to 13.7% (P < 0.01).ConclusionsA significant reduction in image interpretations billed by physicians working outside of the scope of their training occurred after the implementation of the imaging interpretation criteria program.

Sounds of music: exploring consumers’ musical engagement

Purpose Although “engagement” is receiving increasing attention in the marketing literature, the characteristics and dynamics characterizing this concept in specific contextual conditions, including consumers’ selection of particular music and ensuing music-related behaviors, remain nebulous to date. This study aims to develop the concept of consumers’ musical engagement (ME) and explore it within a broader nomological network of conceptual relationships. Design/methodology/approach To investigate the research gap, the authors deploy a survey sampling 2,498 US-based adults to develop and confirm a 25-item ME scale. The authors also test their scale in a broader nomological network of specific theoretical relationships using regression and mediation modeling. Findings The authors identify three ME factors, namely, social identity, transportive and affect-inducing engagements. The authors find ME to exhibit a nonlinear effect on music consumption with increasing returns. Although both social identity and transportive experiences represent significant predictors of music consumption, the effect of affect-inducing experience is non-significant. Further, the social identity experience has a significantly greater association with music consumption than the transportive experience. Research limitations/implications This paper provides a conceptualization and an associated diagnostic tool for ME, in addition to initial insight into the role of ME in a broader nomological network of conceptual relationships. Based on the identified research limitations, the authors also provide key future research directions for ME. Practical implications The insight attained into ME may be used to underpin the design, implementation and evaluation of managerial ME-based tactics and strategies in the music industry. In particular, the authors find that successful appeals to consumers’ social identity engagement are a significant driver of increased future music consumption. The authors provide a number of managerial recommendations to develop this particular ME dimension. Originality/value This paper provides an ME conceptualization and an associated scale and explores ME within a broader nomological network of theoretical relationships. The authors also draw key implications from these analyses.

Commercial property tax in the UK: business rates and rating appeals

Purpose The purpose of this paper is to investigate the impact of the introduction of the business rates retention scheme (BRRS) in England which transferred financial liability for backdated appeals to LAs. Under the original scheme, business rates revenue, mandatory relief and liability for successful appeals is spilt 50/50 between central government and local government which both share the rewards of growth and bear the risk of losses. Design/methodology/approach The research adopts a microanalysis approach into researching local government finance, conducting a case study of Leeds, to investigate the impact of appeals liability and reveal disparities in impact, through detailed examination of multiple perspectives in one of the largest cities in the UK. Findings The case study reveals that Leeds, despite having a buoyant commercial economy driven by retail and service sector growth, has been detrimentally impacted by BRRS as backdated appeals have outweighed uplift in business rates income. Fundamentally BRRS is not a “one size fits all” model – it results in winners and losers – which will be exacerbated if local authorities get to keep 100 per cent of their business rates from 2020. Research limitations/implications LAs’ income is more volatile as a consequence of both the rates retention and appeals liability aspects of BRRS and will become more so with the move to 100 per cent retention and liability. Practical implications Such volatility impairs the ability of local authorities to invest in growth at the same time as providing front line services over the medium term – precisely the opposite of what BRRS was intended to do. It also incentivises the construction of new floorspace, which generates risks overbuilding and exacerbating over-supply. Originality/value The research reveals the significant impact of appeals liability on LAs’ business rates revenues which will be compounded with the move to a fiscally neutral business rates system and 100 per cent business rates retention by 2020.

Merchants of mayhem.

Merchants of mayhem.

Appeals against detention in excessive security (outcomes of appeals against detention in conditions of excessive security in Scotland).

The Mental Health (Care and Treatment) (Scotland) Act 2003 introduced the right for patients in high-security psychiatric care to appeal against detention in conditions of excessive security. A previous study examined the first 100 patients to appeal under this provision. In this study we compare them with the next cohort of 110 patients to lodge an appeal, finding, contrary to expectations, no change in patient characteristics or the outcome of their appeals. The clinical, legal and demographic features of successful and unsuccessful appellants, who made up 38% and 27% of the 110 patients, respectively, were also compared. Those patients with the support of their responsible medical officer and those already included on a transfer list had a significantly better chance of success (p = 0.00). It was also found that a history of excessive alcohol consumption was associated with successful appeals (p = 0.002). A diagnosis of learning disability was associated with unsuccessful appeals (p = 0.018), though the sub-sample was very small. These findings are important given the forthcoming extension of this right of appeal to other levels of security.

Assessing competence in undergraduate nursing students: The Amalgamated Students Assessment in Practice model

Assessment of competence is characterised by ambiguity and inconsistency despite its critical role in assessing readiness for entry to the nursing profession. In 2012 the Amalgamated Student Assessment in Practice (ASAP) model and tool were developed and trialled within an Australian University.Developed in response to the inadequacies of existing tools to assess competence, the ASAP model offers an integrated multilayered assessment that is designed to enable focussed diagnosis of practice deficits and implementation of targeted support.The ASAP model was evaluated by gathering clinical facilitator and student feedback over two 13-week semesters during practice and formal meetings, as well as review of student performance data.The ASAP model functioned effectively as an assessment tool, focussed diagnostic tool, removal from Professional Experience Placement (PEP) support tool and a framework for documenting evidence. Student failure rates decreased and the number of complaints and successful appeals was reduced.The ASAP model offers comprehensive focussed assessment of nursing students' performance in practice. It supports both formative and summative feedback and can be used to accurately identify specific areas of practice deficiency requiring redirection and support. It is transferable across settings and assessors.

Prosecutor Elections, Mistakes, and Appeals

Prosecutors under common‐law tradition exercise a significant amount of discretion in the criminal justice system. In the United States, the dominant form of accountability is that prosecutors must be reelected by the voters. Recent empirical work illustrates that election concerns open up the potential for distortion in the decision making of prosecutors. Specifically, it has been shown that prosecutors take more cases to trial and plea bargain less when running for reelection. Does this hawkish behavior of prosecutors lead to inaccuracies in the criminal justice system? A panel data set of appellate decisions in western New York is analyzed. It is shown that if the initial felony conviction takes place in the six months prior to a reelection and is appealed, the probability that the appellate court upholds the lower court's decision decreases by 5.1–7.1 percentage points. Additional investigation into the types of mistakes made is done. Thus, the popular election of prosecutors results in inaccurate sentences, wrongful convictions, and, consequently, successful appeals.

What Factors Contribute to Successful Appeals of Nursing Homes' Deficiencies in the Informal Dispute Resolution Process?

To determine what factors contribute to successful appeals of nursing home deficiencies in the Informal Dispute Resolution (IDR) process. We merged Centers for Medicare and Medicaid Services' data about IDRs with Online Survey, Certification, and Reporting data about nursing home characteristics. We performed multivariate statistical analyses to predict successful appeals as a function of characteristics of the deficiency being appealed, the survey that triggered the deficiency, characteristics of the nursing home, and the state. All nursing homes nationally in the period 2005-2008. Successful appeals were defined as those in which the deficiency was removed or its severity or scope reduced. Independent variables included the Centers for Medicare and Medicaid Services' measures of severity and scope of deficiency, abuse and neglect, substandard care, total number of deficiencies in the survey, whether the IDR was triggered by a survey or complaint, facility ownership and reputation, and state stringency of regulation. Twenty-six percent of submitted IDRs were successful in 2005-2008. Success was more likely for less severe deficiencies, when deficiencies were triggered by a survey rather than a complaint, and when fewer deficiencies were included in the appeal. Facility ownership and state stringency of regulation were not significantly associated with the IDR success. Overall, 2.6% of deficiencies issued were overturned through the IDR process. Further study is required to determine the appropriateness of these overturned cases and the opportunities they offer to improve the survey process.

Forensic telepsychiatry : a possible solution for South Africa?

South Africa has a shortage of facilities and psychiatrists to assess adjudicative competence of prisoners awaiting assessment under sections 77 to 79 of the Criminal Procedures Act of 1977. Various solutions have been proposed by the Department of Health. The recent linking of a Magistrate's court and a prison by videoconferencing offers the opportunity to implement a forensic telepsychiatry service. The literature on forensic telepsychiatry for assessment of adjudicative competence was reviewed. The electronic databases, PubMed, Scopus, Cinahl and Google Scholar were searched for papers on forensic telepsychiatry. The inclusion criterion was papers reporting the use of videoconferencing for assessment of adjudicative competence or for assessment for referral out of the judicial system, by psychiatrists or psychologists. 411 papers were found of which 13, published between 1997 and 2008 were relevant. The use of videoconferencing for forensic psychiatric assessment was reported from four countries. The courts in those jurisdictions have accepted the use of videoconferencing for assessment and no successful appeals have been mounted on the basis of the use of videoconferencing for assessment. User satisfaction has not been reported for assessing adjudicative competence. Forensic telepsychiatry has been found to be cost effective, improve access to scarce specialist skills and reduce transport of prisoners under guard to hospitals or psychiatrists to prisons. There is nothing in the literature to suggest that a forensic telepsychiatry service is not feasible in South Africa and a pilot project is being planned.

Prosecutor Elections, Mistakes, and Appeals

Prosecutors under common‐law tradition exercise a significant amount of discretion in the criminal justice system. In the United States, the dominant form of accountability is that prosecutors must be reelected by the voters. Recent empirical work illustrates that election concerns open up the potential for distortion in the decision making of prosecutors. Specifically, it has been shown that prosecutors take more cases to trial and plea bargain less when running for reelection. Does this hawkish behavior of prosecutors lead to inaccuracies in the criminal justice system? A panel data set of appellate decisions in western New York is analyzed. It is shown that if the initial felony conviction takes place in the six months prior to a reelection and is appealed, the probability that the appellate court upholds the lower court's decision decreases by 5.1–7.1 percentage points. Additional investigation into the types of mistakes made is done. Thus, the popular election of prosecutors results in inaccurate sentences, wrongful convictions, and, consequently, successful appeals.

When Should a Retrial be Permitted After a Conviction is Quashed on Appeal?

The power to permit a retrial after a conviction has been quashed on appeal is an established part of criminal procedure, with over a third of successful appeals against conviction in England and Wales now resulting in a retrial being ordered. Despite this, relatively little attention has been paid to the circumstances in which it is appropriate for such permission to be granted. This article reviews the practice of the courts, offering a rational reconstruction of the reported cases. It argues that appeal courts have improperly entered into consideration of matters which should properly be reserved to prosecutorial discretion. While retrial after a quashed conviction should only be possible with the permission of the appeal court, such permission should – where sought – always be granted unless insufficient competent evidence was led at the first trial or a second prosecution would be an abuse of process.