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Mitigating Factors (mitigating + factor)

Distribution by Scientific Domains

Humanities and Social Sciences	40%
Psychology	20%
Medical Sciences	20%

Selected Abstracts

Maybe He's Depressed: Mental Illness as a Mitigating Factor for Drug Offender Accountability

LAW & SOCIAL INQUIRY, Issue 3 2009
Leslie Paik
Given the often perplexing relationship between mental illness and substance abuse among offenders, this article looks at how a juvenile drug court staff's presumptions of a youth's mental illness affect its decision-making process. Based on thirteen months of ethnographic fieldwork at a Southern California juvenile drug court, this article uses Manzo and Travers's "law in action" approach to analyze how the staff readjusts its application of normal remedies (a concept developed by Robert Emerson) designed to respond to a youth's noncompliance when it suspects mental illness may be influencing the youth's actions. In doing so, it highlights how court staff's considerations of youth mental disorders arise out of its everyday work practices. Furthermore, the article discusses how staff negotiations around a youth's mental illness create tensions for the juvenile drug court's accountability-based model of therapeutic jurisprudence, because assessments of mental illness tend to mitigate responsibility for a youth's behavior. [source]

Homicide, psychopathology, prosecutorial and jury discretion and the death penalty

CRIMINAL BEHAVIOUR AND MENTAL HEALTH, Issue 4 2000
Chief, Division of Forensic Psychiatry, Richard M. Yarvis MD MPH Professor of Clinical Psychiatry
Introduction The American preoccupation with the death penalty persists and, in fact, shows no sign of abatement. This is demonstrated not only by attitudinal measures but also by the quickening pace of executions. In California, homicide convictions can result in either 25-year-to-life, life-with-no-possibility-of-parole, or death sentences. The ultimate outcome in any given case is determined by a complex interaction of prosecutorial and jury decisions. Three vignettes illustrate how heinous crimes have been handled quite variably. Method A data set comprising 115 homicide cases was examined. To determine how murderers who qualify for the death penalty differed, if at all, from those who did not so qualify, 52 defendants who met the criteria for a death sentence were compared with 63 who did not. Criteria utilized and ignored by prosecutors in seeking the death penalty were analysed by comparing 39 cases in which death sentences could have been and were sought with 13 cases in which prosecutors chose to seek a lesser penalty instead. Finally, criteria utilized and ignored by juries to reach sentencing decisions were analysed by comparing 25 cases in which juries chose not to hand down death sentences with 14 cases in which they did render death verdicts. Results Special circumstance murderers did not differ significantly on personal variables from ordinary murderers. (1) Special circumstances were invariably charged when more than one criterion for this was present. Robbery and sexual assault usually provoked a special circumstances charge. Mitigating factors did not deter prosecutors from charging a special circumstance. (2) There was no excess of aggravating factors in individuals sentenced to death by juries, indeed there was a trend for the opposite to be the case, but there was a trend for mitigating factors to be commoner in those excused the death penalty. Conclusion It is not clear that the death penalty process in California carries out the legislature's intent but the US Supreme Court's 1976 mandate that mitigating and aggravating factors should provide discretion may be having a modest impact. Copyright © 2000 Whurr Publishers Ltd. [source]

Portraying science in the classroom: The manifestation of scientists' beliefs in classroom practice

JOURNAL OF RESEARCH IN SCIENCE TEACHING, Issue 7 2003
Sherry A. Southerland
If the goals of science education reform are to be realized, science instruction must change across the academic spectrum, including at the collegiate level. This study examines the beliefs and teaching practices of three scientists as they designed and implemented an integrated science course for nonmajors that was designed to emphasize the nature of science. Our results indicated that, like public school teachers, scientists' beliefs about the nature of science are manifested in their enactment of curriculum,although this manifestation is clearly not a straightforward or simplistic one. Personal beliefs about the nature of science can differ from those of the course, thus resulting in an enactment that differs from original conceptions. Even when personal beliefs match those of the course, sophisticated understandings of the nature of science are not enough to ensure the straightforward translation of beliefs into practice. Mitigating factors included limited pedagogical content knowledge, difficulty in achieving integration of the scientific disciplines, and lack of opportunity and scaffolding to forge true consensus between the participating scientists. © 2003 Wiley Periodicals, Inc. J Res Sci Teach 40: 669,691, 2003 [source]

Dangerous and severe personality disorder: an ethical concept?

NURSING PHILOSOPHY, Issue 2 2005
Sally Glen phd ma rn
Abstract Most clinicians and mental health practitioners are reluctant to work with people with dangerous and severe personality disorders because they believe there is nothing that mental health services can offer. Dangerous and severe personality disorder also signals a diagnosis which is problematic morally. Moral philosophy has not found an adequate way of dealing with personality disorders. This paper explores the question: What makes a person morally responsible for his actions and what is a legitimate mitigating factor? How do psychiatric nurses working with this client group understand the awful things some clients do? What concepts do they need, if they are to know how to explain and how to react? It is suggested that dangerous and severe personality disorder is best regarded as a moral category, framed in terms of goodness, badness, obligation and other ethical concepts. It seems plausible that in important ways the dangerous and severe personality disordered client does not understand morality or understands it differently. The peculiar position of the dangerous and severe personality disordered individual in our system of moral responsibility stems from his apparent inability to see the importance of the interests of others. It might be more helpful to regard personality disordered clients as we do children: partially but not fully reasonable for their actions. We might regard the dangerous and severe personality disordered client responsible for those actions which he most clearly understands, such as causing others physical pain, but not for those with which he is only superficially engaged, such as causing emotional pain. The paper concludes by suggesting that the dangerous and severe personality disordered individual does not fit easily into any conventional moral category, be it criminal, patient, animal or child, and thus an assessment of his moral accountability must take into consideration his special circumstances. [source]

Accuracy of hospital clocks: a possible mitigating factor

ANAESTHESIA, Issue 3 2010
J. Arnot-Smith
No abstract is available for this article. [source]

Socio-genealogical connectedness: on the role of gender and same-gender parenting in mitigating the effects of parental divorce

CHILD & FAMILY SOCIAL WORK, Issue 2 2000
Owusu-Bempah
Guided by the idea of socio-genealogical connectedness (i.e. knowledge, and belief in, one's biological and social roots), the present study explored the relationship between a number of the characteristics of lone-parent families and the well-being of children in these families. Since it is well established that develop-mental difficulties do not emerge in all children of divorced/separated families, there is a need to understand those factors which mitigate against the adverse influences of divorce on children. Evidence suggests that socio-genealogical connectedness is one of the possible mitigating factors. However, the present study, which involved a variety of multivariate statistical techniques, indicates academic attainment to be the most important mitigating factor. This implies that children with greater intellectual resources to deal with problems are less vulnerable than others to the long-term effects of divorce and separation. Nonetheless, the results support the hypothesis derived from the concept of socio-genealogical connectedness; it was the second most important predictor. [source]

Public Opinion as a Constraint against War: Democracies' Responses to Operation Iraqi Freedom

FOREIGN POLICY ANALYSIS, Issue 2 2006
STEVE CHAN
A central logic of the democratic peace theory claims that public opinion acts as a powerful restraint against war. Democratic officials, unlike their autocratic counterparts, are wary of going to war because they expect to pay an electoral penalty for fighting even successful wars. Several democracies, however, recently joined Operation Iraqi Freedom despite substantial and even overwhelming domestic opposition. We argue that electoral institutions can heighten or lessen the impact of public opinion on democratic officials' concerns for their reelection prospects, thus pointing to an important dimension of variation that has been overlooked in the democratic peace literature. However, contrary to conventional attributions of a greater incentive motivating the parties and candidates in predominantly two-party systems with majority/plurality decision rules to respond to national public opinion, we suggest mitigating factors that tend to reduce such responsiveness. Conversely, we point out that multiparty competition in proportional representation systems can reduce electoral disproportionality without sacrificing responsiveness to public opinion. The pertinent electoral institutions therefore present varying opportunities (or, conversely, constraints) for democratic officials to override their constituents' sentiments when they are so inclined. [source]

Discrimination and Well-Being: Perceptions of Refugees in Western Australia

INTERNATIONAL MIGRATION REVIEW, Issue 1 2008
Farida Fozdar
This paper reports the apparent paradox of high levels of discrimination experienced by humanitarian migrants to Australia, in the labor market and everyday life, yet simultaneous reporting of positive well-being. How can people feel discriminated against, yet still be relatively satisfied with life? The study draws on quantitative and qualitative data from a study of 150 refugees from the former Yugoslavia, the Middle East, and Africa. Possible reasons for the level of well-being are explored, including "relative deprivation theory," as well as various resiliency and mitigating factors, including personal and social supports. The notion of eudaimonic well-being , whereby experiences of difficulty produce positive well-being , is also applied to the findings. The negative experiences and perceptions appear to map onto low-level dissatisfaction or disgruntlement, and specifically directed or contained disappointment, rather than serious dissatisfaction with life generally, orientation to Australia, or negative subjective well-being. [source]

The impact of death qualification, belief in a just world, legal authoritarianism, and locus of control on venirepersons' evaluations of aggravating and mitigating circumstances in capital trials,

BEHAVIORAL SCIENCES & THE LAW, Issue 1 2007
Brooke Butler Ph.D.
The purpose of this study was to investigate the impact of death qualification, belief in a just world (BJW), legal authoritarianism (RLAQ), and locus of control (LOC) on venirepersons' evaluations of aggravating and mitigating circumstances in capital trials. 212 venirepersons from the 12th Judicial Circuit in Bradenton, FL, completed a booklet that contained the following: one question that measured their attitudes toward the death penalty; one question that categorized their death-qualification status; the BJW, LOC, and RLAQ scales; a summary of the guilt and penalty phases of a capital case; a 26-item measure that required participants to evaluate aggravators, nonstatutory mitigators, and statutory mitigators on a 6-point Likert scale; sentence preference; and standard demographic questions. Results indicated that death-qualified venirepersons were more likely to demonstrate higher endorsements of aggravating factors and lower endorsements of both nonstatutory and statutory mitigating factors. Death-qualified participants were also more likely to have a high belief in a just world, espouse legal authoritarian beliefs, and exhibit an internal locus of control. Findings also suggested that venirepersons with a low belief in a just world and an external locus of control demonstrated higher endorsements of statutory mitigators. Participants with legal authoritarian beliefs revealed higher endorsements of aggravators and lower endorsements of nonstatutory mitigators. Legal implications and applications are discussed. Copyright © 2007 John Wiley & Sons, Ltd. [source]