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– 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.
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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 complications…
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.
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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.
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.
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.
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The purpose of this study is to consider informed consent with those who may be legally judged incapable of consent. Frequently individuals with traumatic brain injuries and…
Abstract
Purpose
The purpose of this study is to consider informed consent with those who may be legally judged incapable of consent. Frequently individuals with traumatic brain injuries and intellectual disabilities may fall into this category. This paper seeks to consider aspects of guardianship, moral and legal implications and best practices for mental health professionals.
Design/methodology/approach
This practice piece reviews literature regarding informed consent, as well as pertinent issues in the professional literature regarding types of guardianship as well as the occurrence of “Lucid intervals.” Furthermore, literature from moral philosophy and current legal research was examined to fully provide readers with a grasp of the legal and ethical landscape of this issue.
Findings
The paper finds that treating consent as a one-time binary event is lacking in both practicality and nuance. Moral philosophy and issues regarding paternalism are raised, as well as practice approaches to assessment of capability and how to engage in therapy in meaningful ways.
Originality/value
This paper provides insight into providing dignity-affirming therapy with a population that is often not considered in the literature of mental health ethics. When it is considered, the suggestions are so vague as to be of limited use. This manuscript provides nuance and practical applications to be a therapist that promotes dignity in those who might have varying levels of capacity to consent.
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Obtaining appropriate and informed consent from patients is an integral part of provision of quality health care. Doctors are bound to obtain consent in a manner that is legally…
Abstract
Obtaining appropriate and informed consent from patients is an integral part of provision of quality health care. Doctors are bound to obtain consent in a manner that is legally and ethically acceptable. The methods employed to train junior doctors in these principles vary from organisation to organisation and the knowledge base of both senior and junior clinicians is far from consistent. This paper raises some of the issues in relation to current practice and teaching and suggests ways in which the process can be improved – largely by introducing some basic standards that should be built on as expertise and skill develop. The author discusses the need for dissemination of information with regard to current national claims experience and the possibility of introducing the subject of consent into postgraduate examinations in a more widespread way.
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Carolyn Wirth, Jing Chi and Martin Young
Investor access to timely, financial resource consent information is problematic, consequently the purpose of this paper is to investigate the economic importance of New Zealand…
Abstract
Purpose
Investor access to timely, financial resource consent information is problematic, consequently the purpose of this paper is to investigate the economic importance of New Zealand resource consent announcements to the stock exchange.
Design/methodology/approach
The authors apply event study methodology and cross‐sectional rank regression using a sample of resource consent announcements from 1993 to 2007.
Findings
Evidence of excess return volatility is found both on and before resource consent announcement dates. The results show that stock market reactions to resource consent announcements are positive for news of successes and negative for news of setbacks. Uncertainty associated with resource consent announcements appears to contribute to a delayed negative market response. In contrast, price reactions to announcements of resource consent success are immediate and significantly positive only when the news is concurrently disseminated via the media.
Research limitations/implications
The findings imply that resource consent announcements are newsworthy and provide valuable information to the stock market regarding future regulatory compliance costs. Media dissemination is suggested to play an important role in the price‐adjustment process for news of resource consent successes. Given the increasing prominence of environmental compliance issues, the authors suggest that more informative disclosures regarding the types of consent(s) sought, the dollar value of expected compliance costs, expected time to gain consent, project investment costs and consent conditions imposed, would better assist investors to assess the economic impact of firm capital expenditures.
Originality/value
This study adds evidence to the literature on the role of environmental disclosures in disseminating information and reducing information asymmetry and offers suggestions to enhance the informativeness of environmental disseminations.
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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.
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Anthony G. Vito, Elizabeth L. Grossi, Vanessa Woodward Griffin and George E. Higgins
The purpose of this paper is to apply focal concerns theory as a theoretical explanation for police officer decision making during a traffic stop that results in a consent search…
Abstract
Purpose
The purpose of this paper is to apply focal concerns theory as a theoretical explanation for police officer decision making during a traffic stop that results in a consent search. The study uses coefficients testing to better examine the issue of racial profiling through the use of a race-specific model.
Design/methodology/approach
The data for this study come from traffic stops conducted by the Louisville Police Department between January 1 and December 31, 2002.
Findings
The results show that the three components of focal concerns theory can explain police officer decision making for consent searches. Yet, the components of focal concerns theory play a greater role in stops of Caucasian male drivers.
Research limitations/implications
The data for this study are cross-sectional and self-reported from police officers.
Practical implications
This paper shows the utility of applying focal concerns theory as a theoretical explanation for police officer decision making on consent searches and how the effects of focal concerns vary depending on driver race.
Social implications
The findings based on focal concerns theory can provide an opportunity for police officers or departments to explain what factors impact the decision making during consent searches.
Originality/value
This is the first study (to the researchers’ knowledge) that examines the racial effects of focal concerns on traffic stop consent searchers using coefficients testing.
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Jeffry R. Phillips and Allan Y. Jiao
The purpose of this paper is to determine the extent to which constructs of institutional isomorphism apply to Los Angeles Police Department’s (LAPD) performance measurements of…
Abstract
Purpose
The purpose of this paper is to determine the extent to which constructs of institutional isomorphism apply to Los Angeles Police Department’s (LAPD) performance measurements of the US Department of Justice’s federal consent decree.
Design/methodology/approach
A case-study approach was used to gather and analyze the data, including documentary research, personal interviews, and observations.
Findings
The findings demonstrate that isomorphic pressures existed in the LAPD’s Audit Division and influenced the development of performance measures for reforms although not in a straightforward or unidimensional manner.
Originality/value
Police auditing in the context of the federal consent decree is shown to be a viable approach for institutionalizing police reforms, but further research is necessary on specific performance measurements of police operations and relationship between these measures and police effectiveness.
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