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Article
Publication date: 2 November 2015

Kevin Yeates

– The purpose of this paper is to explore the complex factors associated with informed consent in probation and parole settings.

Abstract

Purpose

The purpose of this paper is to explore the complex factors associated with informed consent in probation and parole settings.

Design/methodology/approach

The author conducted a literature review exploring informed consent in correctional settings. To identify articles for review, the author searched electronic peer-reviewed literature databases for articles on: informed consent, corrections, probation, parole, voluntariness, and coercion.

Findings

There is evidence in the literature to suggest that the informed consent process is significantly more complicated within correctional settings than in civilian contexts. The use of implicit and explicit coercion and determining an offender’s voluntariness status may be a problematic prospect unique to the setting. This manuscript makes recommendations to ensure informed consent is truly obtained and to safeguard client welfare.

Originality/value

There is a paucity of literature on providing mental health services in probation and parole settings. Furthermore, this paper is unique in discussing factors associated with the informed consent process in that context.

Details

Journal of Criminal Psychology, vol. 5 no. 4
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 12 October 2012

Benjamin M. Stubbs, Jonathan Pesic‐Smith, Sheena Sikka, Elisabeth Drye, Farrukh Khan and Bryony Lovett

Laparoscopic cholecystectomy is one of the most commonly performed general surgical operations and is associated with several potentially serious post‐operative…

Abstract

Purpose

Laparoscopic cholecystectomy is one of the most commonly performed general surgical operations and is associated with several potentially serious post‐operative complications. Informed consent is vital to avoid patient misunderstanding of risk and subsequent costly litigation. Consent practice at the authors' hospital was audited with the aim of investigating the quality of consent and assessing the impact of the introduction of a detailed patient information leaflet.

Design/methodology/approach

In total, the consent forms of 200 patients were examined; 100 patient consent forms were selected before and 100 after the introduction of a pre‐operative patient information leaflet, and retrospectively analysed.

Findings

Consultant staff obtained only 27 per cent of consent; 64 per cent of consent was taken on the morning of surgery. The most common risks mentioned were bleeding, infection, thrombo‐embolic risks and conversion to open. Other complications were mentioned inconsistently, with only 2 per cent of patients having documented evidence of receiving the information leaflet.

Originality/value

The authors demonstrate that consent for laparoscopic cholecystectomy remains inconsistent. The introduction of an information leaflet did not improve the documentation of risk required for informed consent.

Details

Clinical Governance: An International Journal, vol. 17 no. 4
Type: Research Article
ISSN: 1477-7274

Keywords

Article
Publication date: 1 April 2004

Tracy Carlson, Annette Hames, Sue English and Caroline Wills

This study investigates the current practice of referrers with regard to consent to treatment of adult patients who have learning disabilities. It addresses specifically…

Abstract

This study investigates the current practice of referrers with regard to consent to treatment of adult patients who have learning disabilities. It addresses specifically referrers' awareness of any guidelines on consent, whether they obtain consent before referral and, if so, whether and how they keep written records on gaining consent. Professionals who had referred an adult patient to the Community Team Learning Disability (CTLD) in Newcastle in the last two years were sent a postal questionnaire. The results of the questionnaire are being used to gain better understanding of present practice among referrers and to provide local guidelines on gaining consent in line with recommendations from the Department of Health.

Details

Tizard Learning Disability Review, vol. 9 no. 2
Type: Research Article
ISSN: 1359-5474

Article
Publication date: 1 June 2005

Sandra A. Mathers, Graham A. McKenzie and Rosemary A. Chesson

The main purpose of the study was to investigate practices relating to informed consent for radiological procedures.

1301

Abstract

Purpose

The main purpose of the study was to investigate practices relating to informed consent for radiological procedures.

Design/methodology/approach

All Health Boards in Scotland (15) were included in the survey and 62 hospitals were contacted. A questionnaire was developed and sent to superintendent radiographers and radiology managers. Quantitative data were entered in to SPSS‐PC for analysis.

Findings

A response rate of 95.2 per cent (59/62) was achieved. A total of 15 hospitals described having a trust policy document on consent and six hospitals reported departmental policies. The majority of hospitals used consent forms for interventional procedures, but not for conventional procedures, although two hospitals obtained informed consent for intravenous urography, and one for barium enemas. All departments (n=25/25) using consent forms required the patient to sign the consent form and 20 departments retained the form. Nine departments placed these in the patient's medical records.

Research implications/limitations

The survey demonstrated considerable diversity in hospital practices regarding informed consent for radiological procedures. The findings have significant implications for clinical governance, especially regarding risk management. Some staff may be putting themselves at risk in an increasingly litigious society. The transferability of this Scottish study needs to be established through surveys in other parts of the UK.

Practical implications

The study reports diversity in practice when gaining informed consent for radiological procedures and the lack of standardisation for this process.

Originality/value

No previous UK empirical studies on informed consent for radiological procedures has been published.

Details

Clinical Governance: An International Journal, vol. 10 no. 2
Type: Research Article
ISSN: 1477-7274

Keywords

Article
Publication date: 31 May 2022

Clare Torrible

This paper aims to explore the potential impact on policing by consent and trust in the police of diminished political and generalised trust.

Abstract

Purpose

This paper aims to explore the potential impact on policing by consent and trust in the police of diminished political and generalised trust.

Design/methodology/approach

This paper draws on a range of academic literature on trust, the legal foundations of policing by consent, police occupational culture, disproportionality and neighbourhood policing.

Findings

An analytical framework is developed by recognising that policing by consent can be conceived as comprising two complementary facets, police state consent and police citizen consent and drawing lose mappings between police state consent and political trust and police citizen consent and generalised trust. This supports the argument that the importance of tackling disproportionality in policing practices and an increased emphasis on neighbourhood policing are not only valuable for reasons recognised in existing literature but also because they may bolster policing by consent in circumstances of reduced political trust and contribute to increased generalised trust across society.

Originality/value

This paper builds upon existing work on trust in the police and policing by consent to give novel insights into the importance of neighbourhood policing and tackling disproportionality. The analytical frame developed also highlights new areas for nuanced research questions in the field of trust and provides grounding from which policy objectives for policing can be developed.

Book part
Publication date: 8 April 2013

Marty Laubach and Michael Wallace

Purpose – This study tests three theories of determinants of workers' subjective response to work situations – structural factors (measured by individual, organization…

Abstract

Purpose – This study tests three theories of determinants of workers' subjective response to work situations – structural factors (measured by individual, organization, and job characteristics), general disposition, or informal work arrangements as constructed by Laubach's (2005) “consent deal.”Design/methodology/approach – Data were obtained from the Indiana Quality of Employment Survey, a survey of workers covering general working conditions. We constructed 10 models regressing worker perceptions and attitudes (e.g., satisfaction, relations with supervisors, meaningfulness) on structural determinants. We then used structural equation modeling to identify an underlying factor representing a general worker response from elements of the attitudes and perceptions. Finally, we regressed a scalar version of the general response factor on the structural determinants using the previous models.Findings – We identified a single second-order latent factor underlying the 10 attitudes and perceptions which represented the “general subjective response” of workers. This supported the concept of a dispositional effect. We then found that structural factors had a minimal effect on the subjective response, but that informal arrangements had a very strong effect. This undermined the first two theories and supported the third.Implications – Worker attitudes and perceptions are very resilient to different formal work arrangements but are highly influenced by the informal arrangements negotiated between workers and frontline management. Organizations can have the strongest effect on developing worker support by empowering frontline managers to make informal deals on workplace rules.Originality/value – This study offers a means to probe the relationship between formal and structural and the informal and subjective worlds of the workplace.

Book part
Publication date: 4 August 2016

Frederick Kroon

In this chapter I consider the need for consent in two cases of posthumous donation of parts of one’s body: organ donation and the donation of sperm to allow one’s partner…

Abstract

In this chapter I consider the need for consent in two cases of posthumous donation of parts of one’s body: organ donation and the donation of sperm to allow one’s partner to conceive a child after one’s death. What kind of consent is appropriate in these cases and why? In both cases, jurisdictions tend to prefer explicit consent, although many countries now adopt presumed consent (opt-out) in the case of organ donation, and there has been a recent plea for presumed consent in the case of sperm donation as well. In this chapter I first argue that arguments in favour of presumed consent are inadequate as they stand, and then describe another way of understanding opt-out schemes, one that focuses on different models of what is at stake and on the ethical requirements incurred on such models.

Details

Contemporary Issues in Applied and Professional Ethics
Type: Book
ISBN: 978-1-78635-443-3

Keywords

Book part
Publication date: 5 June 2020

Robert Godden

This chapter examines the rights of those who have their photograph taken for use by non-profit organisations (such as non-governmental organisations, charities, and…

Abstract

This chapter examines the rights of those who have their photograph taken for use by non-profit organisations (such as non-governmental organisations, charities, and academic institutions) and the obligations of those producing and using these images to not abuse those rights. The chapter focusses on informed consent as the key intersection of these rights and obligations. It examines the specifics of what is meant by ‘informed consent’ and the importance of the process of it being requested and given. The argument presented suggests, rather than seeing this process as a legal, one-off contract, that it should be seen as a relationship that may evolve over time and, to a degree, attempts to establish a more equitable relationship between those who produce and publish images and those who appear in them. It is suggested that this process can play a role in addressing a number of ethical issues, including the safety of the individual being photographed and how vulnerable populations are represented visually.

Details

Ethics and Integrity in Visual Research Methods
Type: Book
ISBN: 978-1-78769-420-0

Keywords

Book part
Publication date: 5 August 2011

Timothy Stablein and Steven H. Jacobs

Purpose – In this chapter, we address the ambiguous nature of parental consent requirement decisions for the purpose of conducting minimal risk research of at-risk youth.…

Abstract

Purpose – In this chapter, we address the ambiguous nature of parental consent requirement decisions for the purpose of conducting minimal risk research of at-risk youth.

Methodology/approach – We evaluate current guidelines, which are used to determine the appropriateness of parental consent waivers, review related literature, and offer a case study to understand some of the resulting dilemmas that arise when seeking approval and researching youth in potentially abusive and neglectful situations.

Findings – We offer the researcher, practitioner, ethics committee, and policy maker new strategies to aid in the determination and application of parental consent waivers for minimal risk research participation among at-risk youth populations.

Details

The Well-Being, Peer Cultures and Rights of Children
Type: Book
ISBN: 978-1-78052-075-9

Keywords

Book part
Publication date: 1 April 2004

Susan R Schmeiser

Under Anglo-American law, the consent of the masochist furnishes no defense to a charge of assault arising from sadomasochistic sexual practices. Our unwillingness to…

Abstract

Under Anglo-American law, the consent of the masochist furnishes no defense to a charge of assault arising from sadomasochistic sexual practices. Our unwillingness to recognize consent in this context suggests disquiet with the ways in which S/M reflects the operations of law. Although the case law casts the masochist as a victim, other accounts represent masochism as a forceful enactment of submission. Masochism also challenges certain ideals of masculinity central to legal reason. Misgivings about the legitimacy of consent to S/M find a useful analogy in critiques of psychoanalytic treatment that understand consent in that context as irreducibly fraught.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-262-7

1 – 10 of over 25000