Ethical and Legal Considerations in Problem-Solving Courts

2019 ◽  
pp. 171-199
Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Alice Thornewill ◽  
Shelby Arnold
Keyword(s):  
Problem Solving ◽  
Ethical Issues ◽  
Legal Aspects ◽  
Ethical Challenges ◽  
Defense Counsel ◽  
Ethical Implications ◽  
Problem Solving Courts ◽  
Specialty Courts ◽  
Ethical And Legal Considerations

This chapter focuses on the legal and ethical considerations that are relevant to problem-solving courts. The chapter begins with a review of the constitutional considerations relevant to problem-solving courts and how they impact pleadings, consent, and competence. Next, this chapter provides an overview of the ethical issues associated with consent and confidentiality in specialty courts. Part of the discussion of legal considerations compares legal aspects of problem-solving courts to legal aspects of standard prosecution. This chapter also covers ethical implications regarding the role of the judge in specialty courts. A key topic in this area is the role of coercion/leverage, both in terms of how offenders are admitted to problem-solving courts and what actions courts take when a client is not compliant. We also examine the important role of defense counsel in problem-solving courts, focusing on how defense counsel can effectively and ethically represent defendants within a problem-solving justice framework. Finally, this chapter discusses clinical implications of the ethical challenges that are most relevant to problem-solving courts.

Postpsychiatry and postmodern psychotherapy: Theoretical and ethical issues in mental health care in a Polish context

2018 ◽  
Vol 28 (6) ◽  
pp. 780-799 ◽  
Author(s):  
Radosław Stupak ◽  
Krzysztof Dyga
Keyword(s):  
Mental Health ◽  
Ethical Issues ◽  
Therapeutic Process ◽  
Historical Context ◽  
Theoretical Background ◽  
Social Contexts ◽  
Ethical Challenges ◽  
To Come ◽  
Key Aspects

The article reconstructs postpsychiatry’s core propositions and briefly describes its theoretical background and assumptions. It also presents chosen aspects of postmodern psychotherapy, which seem to be in many ways similar to postpsychiatry’s ideas. Although they are drawn from different inspiration, postpsychiatry and postmodern psychotherapy seem to come to similar conclusions, especially regarding the role of the patient in the therapeutic process, the meaning of psychiatric diagnosis, and the importance of the institutional, cultural, and social contexts in mental health practice and research. The paper also aims to place postpsychiatry and postmodern psychotherapy in a Polish context, focusing on the ethical challenges faced by psychiatry and showing that some of postpsychiatry’s ideas and solutions to contemporary problems were already present in the Polish psychiatric literature of the 20th century. It also contains a brief description of the Polish social and historical context of psychiatry, as well as key aspects of the Polish legal system that relate to mental health and seem to reflect the nature of biomedical explanations of mental distress. It concludes that the model of psychiatric care postulated by “postmodern” approaches seems more ethical and scientifically and philosophically grounded and promises better treatment results than the “traditional” biomedical model.

scholarly journals The Ethical Implications of Personal Health Monitoring

2014 ◽  
Vol 5 (2) ◽  
pp. 37-60 ◽  
Author(s):  
Brent Mittelstadt ◽  
Ben Fairweather ◽  
Mark Shaw ◽  
Neil McBride
Keyword(s):  
Health Monitoring ◽  
Ethical Issues ◽  
Personal Health ◽  
Delivery Of Care ◽  
Related Data ◽  
Ethical Implications ◽  
Holistic Understanding ◽  
Health Related ◽  
Personal Health Monitoring

Personal Health Monitoring (PHM) uses electronic devices which monitor and record health-related data outside a hospital, usually within the home. This paper examines the ethical issues raised by PHM. Eight themes describing the ethical implications of PHM are identified through a review of 68 academic articles concerning PHM. The identified themes include privacy, autonomy, obtrusiveness and visibility, stigma and identity, medicalisation, social isolation, delivery of care, and safety and technological need. The issues around each of these are discussed. The system / lifeworld perspective of Habermas is applied to develop an understanding of the role of PHMs as mediators of communication between the institutional and the domestic environment. Furthermore, links are established between the ethical issues to demonstrate that the ethics of PHM involves a complex network of ethical interactions. The paper extends the discussion of the critical effect PHMs have on the patient's identity and concludes that a holistic understanding of the ethical issues surrounding PHMs will help both researchers and practitioners in developing effective PHM implementations.1

Ethical issues in social marketing

2017 ◽  
Author(s):  
Lynne Eagle ◽  
Stephan Dahl ◽  
David Low
Keyword(s):  
Social Marketing ◽  
Financial Incentives ◽  
Potential Role ◽  
Ethical Decision ◽  
Ethical Decision Making ◽  
Ethical Issues ◽  
Code Of Ethics ◽  
Ethical Challenges ◽  
Ethical Frameworks

Many social marketers assume that because they are focusing on positive behaviour change they may expect fewer ethical issues arising from their work than conventional, commercial marketing. However, such a view is sadly too simplistic. This chapter focuses on the ethical issues facing social marketing. It argues that social marketers face an even greater potential for ethical issues and gives examples of these by focusing on targeting, stigmatization, victim blaming, coercion, and the use of financial incentives, among others. Recognizing the manifold potential for ethical challenges, and the lack of a decisive manner in which to resolve them easily, it then discusses ethical frameworks which can aid social marketers in formulating a response to potential issues and arriving at a considered decision. The chapter concludes by discussing the potential role of a professional code of ethics, and how this can aid future ethical decision-making.

scholarly journals Brazilian Foreign Policy for Immigrants and Refugees: New Concepts and Ethical Issues

2020 ◽  
Vol 8 (19) ◽  
Author(s):  
Roberto Rodolfo Georg Uebel
Keyword(s):  
Foreign Policy ◽  
Ethical Issues ◽  
West African ◽  
Ethical Challenges ◽  
Practical Application ◽  
Immigrants And Refugees ◽  
New Concepts ◽  
West African Coast ◽  
Migration Flows

In the last decades, Brazil has received about 2,1 million immigrants, according to the Federal Police. In this contingency, migration flows from Latin America, Caribbean and West African coast can be highlighted, represented respectively by Haitians, Cubans, Venezuelans, Bolivians, Senegalese and Ghanaians. Thus, this paper will discuss the role of Brazilian Foreign Policy, as a legal tool to coordinate Brazil’s immigration agenda and it aims to present the possibilities of the practical application of public policies for immigrants and refugees in the country based on the ethical challenges encountered by the Brazilian State and by the immigrants themselves, vis-à-vis to the foregoing context. Also, the paper will also present a brief immigration overview of Brazil, as well as launching for debate the concept of Brazilian Foreign Policy for Migrants and Refugees and its ethical challenges and delimitations in the Brazilian migration governance.

scholarly journals The role of prison nursing: an integrative review

2021 ◽  
Vol 23 (2) ◽  
pp. 76-85
Author(s):  
A Isaac Caro
Keyword(s):  
Nursing Education ◽  
Ethical Issues ◽  
Prison Population ◽  
Quality Care ◽  
Integrative Review ◽  
Ethical Implications ◽  
Review Period ◽  
Training Need

Objectives: To review the scientific literature on the role of the nurse in Penitentiary Institutions through the study of care training and ethical implications when offering quality care to the prison population. Material and method: An integrative review was carried out in Medline, SciELO and LILACS databases. The MeSH and DeCS terms used were: nurse’s role, nursing, nurse, nursing education, prison, ethics, ethical issues, job satisfaction, enfermeria, penitenciaria, health professionals, nursing care. The types of studies included in this work are literature reviews, and qualitative, quantitative and mixed studies. The CASPe tool was used to assess the methodological quality of selected literature. The review period was October, November and December 2019. Results: A total of 264 articles were obtained, of which 98 were chosen after applying filters corresponding to each database and after discarding duplicate articles. The title and abstract of these articles were read and the established selection criteria were applied, to obtain 18 studies. Finally, after critical reading, 15 articles were selected for this work. Discussion: The role of the prison nurse is generally unknown. Nursing undergraduate training in this area is limited, exposing a specific training need, which may help these professionals to deal with ethical issues that they may find in their practice, as well as to improve the quality of care for the prison population.

scholarly journals Motivations for Pursuing Radical Life Extension

2021 ◽  
Author(s):  
◽  
Lucinda April Campbell
Keyword(s):  
Ethical Issues ◽  
Human Life ◽  
Life Extension ◽  
Life And Death ◽  
Ethical Implications ◽  
The Subject ◽  
Radical Life Extension ◽  
The Relationship ◽  
Human Life Span

<p>In bio-ethics, the potential practical and ethical implications of radical life extension are being seriously debated. However, the role of motivation in relation to dramatically increasing the human life span has been largely overlooked. I propose that motivation is a crucial aspect to consider within the radical life extension discourse by conjecturing about why it might appeal and the possible ways it could impact outcomes where it is successfully developed and implemented. I do not thereby present an argument that supports or opposes radical life extension technology. This is ultimately a speculative piece. In exploring the relationship between motivation and radical life extension, I present a conceptual framework called the Thanatophobic and Romantic Motivational Spectrum (TRM Spectrum) designed to assist deeper examination on the subject. It captures what I suggest are two key motivators related to life and death, that is, the fear of death (Thanatophobia) and the “love” of life (Romanticism). The motivational spectrum is then applied to the death penalty versus life imprisonment, and euthanasia and suicide debates to demonstrate how it can be used for analysis of ethical issues in relation to the potential introduction of radical life extension technology.</p>

Ethics and Digital Government

2011 ◽  
pp. 218-235 ◽  
Author(s):  
Ronald E. Anderson
Keyword(s):  
Digital Technology ◽  
Ethical Issues ◽  
Code Of Ethics ◽  
Leading Edge ◽  
Codes Of Ethics ◽  
Ethical Challenges ◽  
Digital Government ◽  
Computing Machinery ◽  
Ethical Choices

After considering the high costs to digital government of inadequate ethical choices, the role of ethics in government generally is reviewed. While codes of ethics may not go far toward resolving ethical challenges, they provide bases for ethical discourses and embody key ethical principles. Selected principles from the Code of Ethics of the Association for Computing Machinery (ACM) are applied to contemporary ethical issues in the context of digital government. In the rapidly evolving environments of digital technology, it is impossible to anticipate the leading-edge ethical issues. However, there are solid ethical or moral imperatives to use these principles for resolution of the issues.

The Use and Abuse of Digital Democracy

2014 ◽  
pp. 1663-1682
Author(s):  
Rachel Baarda ◽  
Rocci Luppicini
Keyword(s):  
Public Sphere ◽  
Participatory Democracy ◽  
Social Networking Site ◽  
Ethical Challenges ◽  
The Public ◽  
Ethical Implications ◽  
Theoretical Perspectives ◽  
The Public Sphere

The field of technoethics explores the ethical challenges that technology poses to the different spheres of society. Recently, scholars have begun to explore the ethical implications of new digital technologies and social media, particularly in the realms of society and politics. A qualitative case study was conducted on Barack Obama's campaign social networking site, mybarackobama.com, in order to investigate the ways in which the website uses or misuses digital technology to create a healthy participatory democracy. For an analysis of ethical and non-ethical ways to promote participatory democracy online, the study included theoretical perspectives such as the role of the public sphere in a participatory democracy and the effects of political marketing on the public sphere. The case study included a content analysis of the website and interviews with members of groups on the site. The study's results can be found further in the article.

scholarly journals Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts

2013 ◽  
Vol 8 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Shannon Portillo ◽  
Danielle S. Rudes ◽  
Jill Viglione ◽  
Matthew Nelson
Keyword(s):  
Problem Solving ◽  
Problem Solving Courts ◽  
Front Stage

The Use and Abuse of Digital Democracy

2012 ◽  
Vol 3 (3) ◽  
pp. 50-68 ◽  
Author(s):  
Rachel Baarda ◽  
Rocci Luppicini
Keyword(s):  
Public Sphere ◽  
Participatory Democracy ◽  
Social Networking Site ◽  
Ethical Challenges ◽  
The Public ◽  
Ethical Implications ◽  
Theoretical Perspectives ◽  
The Public Sphere

The field of technoethics explores the ethical challenges that technology poses to the different spheres of society. Recently, scholars have begun to explore the ethical implications of new digital technologies and social media, particularly in the realms of society and politics. A qualitative case study was conducted on Barack Obama’s campaign social networking site, my.barackobama.com, in order to investigate the ways in which the website uses or misuses digital technology to create a healthy participatory democracy. For an analysis of ethical and non-ethical ways to promote participatory democracy online, the study included theoretical perspectives such as the role of the public sphere in a participatory democracy and the effects of political marketing on the public sphere. The case study included a content analysis of the website and interviews with members of groups on the site. The study’s results can be found further in the article.

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