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The Neuroscience Revolution, Ethics, and the Law. There's no art to acca thesis, find the mind's construction in the face; He was a gentleman on whom I built an absolute trust. 1. The lament of essay themen Duncan, King of Scotland, for thesis writer the treason of the Thane of book Cawdor, his trusted nobleman, echoes through time as we continue to feel the sting of acca thesis writer not knowing the minds of those people with whom we deal. From we have a deal to will you still love me tomorrow?, we continue to live in writing, fundamental uncertainty about the minds of others. Duncan demonstrated this by immediately giving his trust to thesis writer, Cawdor's conqueror, one Macbeth, with fatal consequences. But at least some of this uncertainty may be about to causes of world war 1 essay, lift, for better or for worse.
Neuroscience is rapidly increasing our knowledge of the functioning, and malfunctioning, of thesis writer that intricate three-pound organ, the human brain. When science expands our understanding of causes of world war 1 essay something so central to thesis, human existence, these advances will necessarily cause changes in both our society and its laws. This paper seeks to forecast and explore the social and legal changes that neuroscience might bring in four areas: prediction, litigation, confidentiality and privacy, and patents. It complements the paper in admissions, this volume written by Professor Stephen Morse, which covers issues of writer personhood and responsibility, informed consent, the causes of world war 1, reform of existing legal doctrines, enhancement of normal brain functions, and the admissibility of neuroscience evidence. Two notes of caution are in order.
First, this paper may appear to paint a gloomy picture of future threats and abuses. The technologies discussed may, in fact, have benefits far outweighing their harms. It is the job of people looking for ethical, legal, and social consequences of new technologies to look disproportionately for troublesome consequences — or, at least, that's the convention. Acca! Second, as Nils Bohr (probably) said, It is always hard to creative, predict things, especially the future. 2 This paper builds on experience gained in studying the ethical, legal, and social implications of human genetics over acca writer the last decade. That experience, for me and for causes of world essay the whole field, has included both successes and failures. In neuroscience, as in writer, genetics, accurately envisioning the future is particularly difficult as one must foresee successfully both what changes will occur in the science and how they will affect society. I am confident about only order of essay presentation two things concerning this paper: first, it discusses at acca writer length some things that will never happen, and, second, it ignores what will prove to be some of the most important social and legal implications of neuroscience. Nonetheless, I hope the essay themen, paper can be useful as a guide to beginning to think about these issues.
Advances in neuroscience may well improve our ability to make predictions about an individual's future. This seems particularly likely through neuroimaging, as different patterns of brain images, taken under varying circumstances, will come to be strongly correlated with different future behaviors or conditions. The images may reveal the structure of the acca writer, living brain, through technologies such as computer-assisted tomography (CAT) scans or magnetic resonance imaging (MRI), or they may show how different parts of the brain function , through positron emission tomography (PET) scans, single photon emission tomography (SPET) scans, or functional magnetic resonance imaging (fMRI). Neuroscience might make many different kinds of predictions about causes of world war 1, people. It might predict, or reveal, mental illness, behavioral traits, or cognitive abilities, among other things. For the purposes of this paper, I have organized these predictive areas not by acca writer, the nature of the prediction but by who might use the predictions: the health care system, the criminal justice system, schools, businesses, and parents. The fact that new neuroscience methods are used to make predictions is not necessarily good or bad.
Our society makes predictions about people all the time: from a doctor determining a patient's prognosis, to a judge (or a legislature) sentencing a criminal, to colleges using the Scholastic Aptitude Test, to automobile liability insurers setting rates. But although prediction is common, it is not always uncontroversial. The Analogy to Genetic Predictions. The issues raised by predictions based on neuroscience are often similar to those raised by genetic predictions. Difference And Position Statement! Indeed, in some cases the two areas are the same — genetic analysis can powerfully predict several diseases of the brain, including Huntington disease and thesis some cases of early-onset Alzheimer disease.
Experience of genetic predictions teaches at writing in research least three important lessons. First, a claimed ability to thesis writer, predict may not, in fact, exist. Many associations between genetic variations and thesis statement various diseases have been claimed, only to fail the test of replication. Interestingly, many of these failures have involved two mental illnesses, schizophrenia and bipolar disorder. Second, and acca writer more important, the strength of the predictions can vary enormously. For some genetic diseases, prediction is overwhelmingly powerful. As far as we know, the only way a person with the genetic variation that causes Huntington disease can avoid dying of that disease is to die first from something else. Thesis Statement! On the other hand, the widely heralded breast cancer genes, BRCA 1 and BRCA 2, though they substantially increase the acca thesis, likelihood that a woman will be diagnosed with breast or ovarian cancer, are not close to essays book, determinative. Somewhere between 50 and 85 percent of women born with a pathogenic mutation in either of those genes will get breast cancer; 20 to 30 percent (well under half) will get ovarian cancer. Men with a mutation in BRCA 2 have a hundred-fold greater risk of breast cancer than average men — but their chances are still under five percent. A prediction based on an association between a genetic variation and a disease, even when true, can be very strong, very weak, or somewhere between.
The popular perception of genes as extremely powerful is probably a result of ascertainment bias: the diseases first found to acca thesis, be caused by genetic variations were very powerful — because powerful associations were the easiest to find. If, as seems likely, the same holds true for essay themen predictions from neuroscience, such predictions will need to be used very carefully. Finally, the use of genetic predictions has proven controversial, both in medical practice and in acca thesis writer, social settings. Essay Themen! Much of the debate about the acca thesis writer, uses of human genetics has concerned its use to predict the order, future health or traits of patients, insureds, employees, fetuses, or embryos. Neuroscience seems likely to acca thesis writer, raise many similar issues. Much of harvard book health care is writer about prediction — predicting the outcome of a disease, predicting the results of a treatment for a disease, predicting the risk of getting a disease. When medicine, through neuroscience, genetics, or other methods, makes an accurate prediction that leads to a useful intervention, the causes of world, prediction is clearly valuable. Acca! But predictions also can cause problems when they are inaccurate (or are perceived inaccurately by patients). Harvard Admissions! Even if the predictions are accurate, they still have uncertain value if no useful interventions are possible. These problems may justify regulation of writer predictive neuroscientific medical testing. Some predictive tests are inaccurate, either because the scientific understanding behind them is wrong or because the test is essay themen poorly performed.
In other cases the test may be accurate in thesis, the sense that it gives an accurate assessment of the probability of a certain result, but any individual patient may not have the most likely outcome. In addition, patients or others may misinterpret the test results. In genetic testing, for example, a woman who tests positive for causes a BRCA 1 mutation may believe that a fatal breast cancer is inevitable, when, in thesis, fact, her lifetime risk of breast cancer is review literature between 50 and 85 percent and her chance of acca thesis writer dying from a breast cancer is roughly one-third of the risk of scholarships diagnosis. Alternatively, a woman who tests negative for the mutation may falsely believe that she has no risk for breast cancer and could stop breast self-examinations or mammograms to her harm. Even very accurate tests may not be very useful. Genetic testing to writer, predict Huntington disease is quite accurate, yet, with no useful medical interventions, a person may find foreknowledge of Huntington's disease not only thesis unhelpful but psychologically or socially harmful. These concerns have led to thesis, widespread calls for regulation of review genetic testing.
3. The same issues can easily arise through neuroscience. Acca Writer! Neuroimaging, for example, might easily lead to predictions, with greater or lesser accuracy, of a variety of neurodegenerative diseases. Such imaging tests may be inaccurate, may present information patients find difficult to evaluate, and may provide information of dubious value and some harm. One might want to difference and position, regulate some such tests along the lines proposed for genetic tests: proof that the test was effective at predicting the condition in question, assessment of the competency of writer those performing the tests, required informed consent so that patients appreciate the test's possible consequences, and harvard book assurance of post-test counseling to assure that patients understand the results. The Food and Drug Administration (FDA) has statutory jurisdiction over the use of drugs, biologicals, or medical devices. For covered products, it requires proof that they are both safe and effective. FDA has asserted that it has jurisdiction over acca genetic tests as medical devices, but it has chosen only to harvard essays, impose significant regulation on acca thesis genetic tests sold by manufacturers as kits to clinical laboratories, physicians, or consumers.
Tests done as home brews by clinical laboratories have only been subject to very limited regulation, which does not include proof of safety or efficacy. Neuroscience tests might well be subject to even less FDA regulation. If the test used an scholarships, existing, approved medical device, such as an MRI machine, no FDA approval of this additional use would be necessary. The test would be part of the practice of medicine, expressly not regulated by the FDA. The FDA also implements the Clinical Laboratory Improvement Amendments Act (CLIA), along with the Center for writer Disease Prevention and Control and the Center for Medicare and Medicaid Services. Order Presentation! CLIA sets standards for the training and working conditions of clinical laboratory personnel and requires periodic testing of laboratories' proficiency at different tests.
Unless the writer, tests were done in a clinical laboratory, through, for example, pathological examination of brain tissue samples or analysis of chemicals from the creative essay scholarships 2011, brain, neuroscience testing would also seem to avoid regulation under CLIA. At present, neuroscience-based testing, particularly through neuroimaging using existing (approved) devices seems to acca thesis writer, be entirely unregulated except, to a very limited extent, by essay themen, malpractice law. One important policy question should be whether to regulate such tests, through government action or by professional self-regulation. The criminal justice system makes predictions about individuals' future behavior in sentencing, parole, and thesis writer other decisions, such as civil commitment for sex offenders. 4 The trend in recent years has been to limit the discretion of judges and parole boards to use predictions by setting stronger sentencing guidelines or mandatory sentences. Neuroscience could conceivably affect that trend if it provided scientific evidence of a person's future dangerousness. Such evidence might be used to increase sentencing discretion - or it might provide yet another way to limit such discretion. 5. One can imagine neuroscience tests that show a convicted defendant was particularly likely to commit dangerous future crimes by showing that he has, for essay themen example, poor control over his anger, his aggressiveness, or his sexual urges.
This kind of evidence has been used in the past; neuroscience may come up with ways that either are more accurate or that appear more accurate (or more impressive). For example, two different papers have already linked criminality to variations in the gene for monoamine oxidase A, a protein that plays an important role in the brain. 6 Genetic tests may seem more scientific and more impressive to a judge, jury, or parole board than a psychologist's report. The use of neuroscience to make these predictions raises at least two issues: are the thesis, neuroscience tests for essay themen future dangerousness or lack of self-control valid at all and, if so, how accurate do they need to be before they should be used? The law has had prior experience with claims of tests for acca writer inherent violent tendencies. The XYY syndrome was widely discussed and , accepted, , in the literature though not by the courts 7 , in the late 1960s and early 1970s. Men born with an additional copy of the essay themen, Y chromosome were said to acca, be much more likely to become violent criminals. Further research revealed, about a decade later, that XYY men were somewhat more likely to have low intelligence and to have long arrest records, typically for essays petty or property offenses.
They did not have any higher than average predisposition to violence. If, unlike XYY syndrome, a tested condition were shown reliably to predict future dangerousness or lack of acca writer control, the question would then become how accurate the test must be in book, order for it to be used. A test of dangerousness or lack of control that was only slightly better than flipping coins should not be given much weight; a perfect test could be. At what accuracy level should the line be set? In the context of civil commitment of sexual offenders, the Supreme Court has recently spoken twice on this issue, both times reviewing a Kansas statute. 8 The Kansas act authorizes civil commitment of a sexually violent predator, defined as any person who has been convicted of or charged with a sexually violent offense and thesis writer who suffers from a mental abnormality or personality disorder which makes the person likely to presentation, engage in repeat acts of sexual violence. Acca Writer! 9 In Kansas v. Hendricks , the Court held the Act constitutional against a substantive due process claim because it required, in addition to proof of dangerousness, proof of the of essay, defendant's lack of thesis writer control. This admitted lack of volitional control, coupled with a prediction of future dangerousness, adequately distinguishes Hendricks from review literature in research, other dangerous persons who are perhaps more properly dealt with exclusively through criminal proceedings. Thesis Writer! 10 Id. at 360. It held Hendricks's commitment survived attack on ex post facto and double jeopardy grounds because the commitment procedure was neither criminal nor punitive.
11. Five years later, the Court revisited this statute in Kansas v. Crane . 12 It held that the Kansas statute could only be applied constitutionally if there were a determination of the defendant's lack of control and not just proof of the existence of a relevant mental abnormality or personality disorder: It is enough to say that there must be proof of serious difficulty in controlling behavior. And this, when viewed in light of such features of the case as the nature of the psychiatric diagnosis, and the severity of the mental abnormality itself, must be sufficient to of essay presentation, distinguish the thesis, dangerous sexual offender whose serious mental illness, abnormality, or disorder subjects him to civil commitment from the dangerous but typical recidivist convicted in an ordinary criminal case. 13. We know then that, at least in civil commitment cases related to prior sexually violent criminal offenses, proof that the particular defendant had limited power to order presentation, control his actions is acca constitutionally necessary. Essay Themen! There is no requirement that this evidence, or proof adduced in sentencing or parole hearings, convince the trier of fact beyond a reasonable doubt. The Court gives no indication of how strong that evidence must be or how its scientific basis would be established. Would any evidence that passed Daubert or Frye hearings be sufficient for thesis civil commitment (or for enhancing sentencing or denying parole) or would some higher standard be required?
It is also interesting to writing of related literature in research, speculate on how evidence of the acca, accuracy of such tests would be collected. It is unlikely that a state or federal criminal justice system would allow a randomized double-blind trial, performing the review in research, neuroscientific dangerousness or volition tests on all convicted defendants at the time of their conviction and then releasing them to see which ones would commit future crimes. That judges, parole boards, or legislatures would insist on rigorous scientific proof of connections between neuroscience evidence and future mental states seems doubtful. It is acca conceivable that neuroscience could provide other methods of causes of world essay testing ability or aptitude. Of course, the standard questions of the accuracy of those tests would apply. Tests that are highly inaccurate usually should not be used.
But even assuming the tests are accurate, they would raise concerns. Those tests might be used only positively, as Dr. Binet intended his early intelligence test to be used to identify children who need special help. To the extent they were used to deny students, especially young children, opportunities, they seem more troubling. It is not clear why a society that uses aptitude tests so commonly for thesis admission into elite schools should worry about their neuroscience equivalents. The SAT and other similar aptitude tests claim that student preparation or effort will not substantially affect student results, just as, presumably, preparation (at least in the short term) seems at least as unlikely to alter neuroscience tests of aptitude.
The existing aptitude tests, though widely used, remain controversial. Thesis! Neuroscience tests, particularly if given and acted upon at an early age, are likely to acca writer, exacerbate the discomfort we already feel with predictive uses of aptitude tests in education. The possibilities for neuroscience discrimination seem at least as real as with genetic discrimination. A predictive test showing that a person has a high likelihood of developing schizophrenia, bipolar disorder, early-onset Alzheimer disease, early-onset Parkinson disease, or Huntington disease could certainly provide insurers or employers with an incentive to avoid that person. To the extent one believes that health coverage should be universal or that employment should be denied or terminated only for essay scholarships 2011 good cause, banning neuroscientific discrimination might be justified as an incremental step toward this good end. Otherwise, it may be difficult to say why people should be more protected from adverse social consequences of neuroscientific test results than of cholesterol tests, x-rays, or colonoscopies.
Special protection for genetic tests has been urged on the ground that genes are more fundamental, more deterministic, and less the result of personal actions or chance than other influences on health. Others have argued against such genetic exceptionalism, denying special power to thesis writer, genes and contending that special legislation about genetics only admissions essays book confirms the public a false view of genetic determinism. Still others, including me, have argued that the acca, public's particularly strong fear of genetic test results, even though exaggerated, justifies regulation in order to admissions, gain concrete benefits from acca, reducing that fear. The same arguments could be played out review literature with respect to predictive neuroscience tests. Although this is an open empirical question, it does seem likely that the public's perception of the fundamental or deterministic nature of genes does not exist with respect to neuroscience. One other possible business use of thesis writer neuroscience predictions should be noted, one that has been largely ignored in genetics. Neuroscience might be used in marketing. Between Thesis! Firms might use neuroscience techniques on test subjects to enhance the appeal of their products or the effectiveness of their advertising.
Individuals or focus groups could, in the future, be examined under fMRI. At least one firm, Brighthouse Institute for Thought Sciences, has embraced this technology, and, in a press release from 2002, announced its intentions of revolutionizing the marketing industry. 17. More alarmingly, if neuro-monitoring devices were perfected that could study a person's mental function without his knowledge, information to acca thesis writer, predict a consumer's preferences might be collected for marketing purposes. Privacy regulation seems appropriate for the undisclosed monitoring in difference, the latter example. Acca Writer! Regulating the former seems less likely, although it might prove attractive if such neuroscience-enhanced market research proved too effective an aid to selling. The prenatal use of genetic tests to causes war 1, predict the future characteristics of fetuses, embryos, or as-yet unconceived offspring is one of the most controversial and acca writer interesting issues in human genetics. Neuroscience predictions are unlikely to have similar power prenatally, except through neurogenetics. It is possible that neuroimaging or other non-genetic neuroscience tests might be performed on a fetus during pregnancy.
Structural MRI has been used as early as about 24 weeks to look for war 1 essay major brain malformations, following up on earlier suspicious sonograms. Thesis! At this point, no one appears to have done fMRI on the brain of essay themen a fetus; the classic method of stimulating the subject and watching which brain regions react would be challenging in utero, though not necessarily impossible. Thesis! In any event, fetal neuroimaging seems likely to give meaningful results only for serious brain problems and even then at fairly late stage of fetal development so that the most plausible intervention, abortion, would be rarely used and only in the most extreme cases. 18. Parents, however, like schools, might make use of predictive neuroscience tests during childhood to help plan, guide, or control their children's lives. Causes Of World! Of course, parents already try to guide their children's lives, based on everything from good data to thesis, wishful thinking about a child's abilities. Admissions Essays! Would neuroscience change anything?
It might be argued that parents would take neuroscience testing more seriously than other evidence of a child's abilities because of its scientific nature, and thus perhaps exaggerate its accuracy. More fundamentally, it could be argued that, even if the test predictions were powerfully accurate, too extreme parental control over a child's life is a bad thing. From this perspective, any procedures that are likely to add strength to parents' desire or ability to exercise that control should be discouraged. Acca Writer! On the creative essay 2011, other hand, society vests parents with enormous control over their children's upbringing, intervening only in thesis writer, strong cases of in research abuse. To some extent, this parental power may be a matter of federal constitutional right, established in a line of cases dating back 80 years.
19. This issue is perhaps too difficult to be tackled. It is worth noting, though, that government regulation is not the only way to approach it. Professional self-regulation, insurance coverage policies, and parental education might all be methods to discourage any perceived overuse of children's neuroscience tests by their parents. Predictions may themselves be relevant in some litigation, particularly the criminal cases discussed above, but other, non-predictive uses of neurosciences might also become central to writer, litigated cases. Neuroscience might be able to provide relevant, and possibly determinative, evidence of a witness's mental state at the time of presentation testimony, ways of eliciting or evaluating a witness's memories, or other evidence relevant to a litigant's claims. This section will look at a few possible litigation uses: lie detection, bias determination, memory assessment or recall, and other uses.
Whether any of these uses is scientifically possible remains to thesis, be seen. It is essay themen also worth noting that the extent of the use of thesis any of these methods will also depend on their cost and intrusiveness. A method of, for example, truth determination that required an intravenous infusion or examination inside a full scale MRI machine would be used much less than a simple and portable headset. The implications of any of harvard admissions essays book these technologies for litigation seem to acca thesis writer, depend largely on four evidentiary issues. First, will the technologies pass the essay themen, Daubert 20 or Frye 21 tests for the admissibility of scientific evidence? (I leave questions of Daubert and Frye entirely to thesis writer, Professor Morse.) Second, if they are held sufficiently scientifically reliable to pass Daubert or Frye , are there other reasons to forbid or to scholarships, compel the admissibility of the acca, results of such technologies when used voluntarily by writing in research, a witness? Third, would the refusal — or the agreement — of a witness to use one of these technologies itself be admissible in evidence?
And fourth, may a court compel witnesses, under varying circumstances, to acca writer, use these technologies? The answers to these questions will vary with the setting (especially criminal or civil), with the scholarships 2011, technology, and with other circumstances of the case, but they provide a useful framework for analysis. Detecting Lies or Compelling Truth. The concept behind current polygraph machines dates back to the early 20th century. 22 They seek to thesis writer, measure various physiological reactions associated with anxiety, like sweating, breathing rate, and blood pressure, in the expectation that those signs of nervousness correlate with the speaker's knowledge that what he is essay themen saying is false. American courts have generally, but not universally, rejected them, although they are commonly used by the federal government for various security clearances and investigations. 23 It has been estimated that their accuracy is about 85 to acca, 90 percent.
24. Now imagine that neuroscience leads to new ways to determine whether or not a witness is telling a lie or even to compel a witness to tell the truth. A brain imaging device might, for example, be able to writing review of related in research, detect patterns or locations of brain activity known from experiments to be highly correlated with the subject's consciousness of falsehood. (I will refer to this as lie detection.) Alternatively, drugs or other stimuli might be administered that made it impossible for a witness to do anything but tell the truth — an effective truth serum. (I will refer to this as truth compulsion and to the two collectively as truth testing.) Assume for writer the moment, unrealistically, that these methods of truth testing are absolutely accurate, with neither false positives nor false negatives. Essay! How would, and thesis writer should, courts treat the of world, results of such truth testing? The question deserves much more extensive treatment than I can give it here, but I will try to sketch some issues. Consider first the non-scientific issues of admissibility. Acca! One argument against admissibility was made by four justices of the causes war 1 essay, Supreme Court in United States v. Scheffer 25 , a case involving a blanket ban on the admissibility of polygraph evidence.
Scheffer, a enlisted man in the Air Force working with military police as an informant in drug investigations, wanted to introduce the results of a polygraph examination at his court-martial for illegal drug use. 26 The polygraph examination, performed by thesis writer, the military as a routine part of order of essay his work as an informant, showed that he denied illegal drug use during the same period that a urine test detected the presence of methamphetamine. 27 Military Rule of Evidence 707, promulgated by President George H.W. Bush in 1991, provides that Notwithstanding any other provision of law, the acca thesis writer, results of a polygraph examination, the opinion of of world a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence. The court-martial refused to admit Scheffer's evidence on acca thesis writer the basis of Rule 707. Writing Review Of Related Literature! His conviction was overturned by thesis, the Court of Appeals for essay themen the Armed Forces, which held that this per acca thesis, se exclusion of all polygraph evidence violated the Sixth Amendment. 28 The Supreme Court reversed in turn, upholding Rule 707, but in creative scholarships, a fractured opinion. Justice Thomas wrote the opinion announcing the decision of the Court and finding the rule constitutional on three grounds: continued question about the reliability of polygraph evidence, the need to preserve the jury's core function of making credibility determinations in criminal trials, and the avoidance of collateral litigation.
29 Justices Rehnquist, Scalia, and Souter joined the Thomas opinion in full. Justice Kennedy, joined by Justices O'Connor, Ginsburg, and Breyer, concurred in the section of the Thomas opinion based on reliability of polygraph evidence. Those four justices did not agree with the other two grounds. 30 Justice Stevens dissented, finding that the writer, reliability of polygraph testing was already sufficiently well established to invalidate any per se exclusion. 31. Our hypothesized perfect truth testing methods would not run afoul of the essay themen, reliability issue.
Nor, assuming the rules for its admissibility were sufficiently clear, would collateral litigation appear to be a major concern. Acca Thesis Writer! It would seem, however, even more than the polygraph, to evoke the concerns of four justices about difference thesis and position statement, invading the sphere of the jury even when the witness had agreed to the use. Although at this point Justice Thomas's concern lacks the fifth vote it needs to become a binding precedent, the preservation of the jury's role might be seen by some courts as rising to a constitutional level under a federal or state constitutional right to a criminal, or civil, jury trial. It could certainly be used as a policy argument against acca thesis writer allowing such evidence and, as an difference and position, underlying concern of the judiciary, it might influence judicial findings under Daubert or Frye about the reliability of the methods. Acca! 32 Assuming robust proof of reliability, it is hard to see any other strong argument against the admission of of related in research this kind of evidence. Acca Thesis Writer! (Whether Justice Thomas's rationale, either as a constitutional or a policy matter, would apply to difference between, non-jury trials seems more doubtful.) On the other hand, some defendants might have strong arguments for the admission of thesis such evidence, at least in criminal cases. Courts have found in the Sixth Amendment, perhaps in combination with the Fifth Amendment, a constitutional right for criminal defendants to war 1 essay, present evidence in their own defense. Acca Writer! Scheffer made this very claim, that Rule 707, in order, the context of his case, violated his constitutional right to thesis, present a defense. Writing Of Related! The Supreme Court has two lines of cases dealing with this right. In Chambers v. Mississippi , the acca, Court resolved the defendant's claim by balancing the importance of the evidence to the defendant's case with the reliability of the evidence.
33 In Rock v. Difference Between And Position Statement! Arkansas , a criminal defendant alleged that she could remember the events only thesis after having her memory hypnotically refreshed. 34 The Court struck down Arkansas's per se rule against hypnotically refreshed testimony on the ground that the rule, as a per se rule, was arbitrary and therefore violated the Sixth Amendment's rights to present a defense and to testify in her own defense. The Rock opinion also stressed that the Arkansas rule prevented the defendant from telling her own story in any meaningful way. That might argue in favor of the admissibility of a criminal defendant's own testimony, under truth compulsion, as opposed to an examiner giving his expert opinion about the creative scholarships, truthfulness of the witness's statements based on the truth detector results. These constitutional arguments for the admission of such evidence would not seem to arise with the acca thesis writer, prosecution's case or with either the plaintiff's or defendant's case in a civil matter (unless some state constitutional provisions were relevant). 35. Assuming truth tested testimony were admissible, should either a party's, or a witness's, offer or refusal to undergo truth testing be admissible in evidence as relevant to their honesty? Consider how powerful a jury (or a judge) might find a witness's refusal to be truth tested, particularly if witnesses telling contrary stories have successfully passed such testing.
Such a refusal could well prove fatal to the witness's credibility. The Fifth Amendment would likely prove a constraint with respect to order presentation, criminal defendants. Acca Thesis! The fact that a defendant has invoked the Fifth Amendment's privilege against self-incrimination cannot normally be admitted into evidence or considered by the trier of fact. Otherwise, the courts have held, the defendant would be penalized for having invoked the order, privilege. A defendant who takes the stand might well be held to have waived that right and so might be impeached by his refusal to writer, undergo truth testing. To what extent a criminal defendant's statements before trial could constitute a waiver of his right to avoid impeachment on this ground seems a complicated question, involving both the admissions essays, Fifth Amendment and the effects of the rule in Miranda v. Thesis Writer! Arizona . 36 These complex issues would require a paper of their own; I will not discuss them further here. Apart from a defendant in presentation, a criminal trial, it would seem that any other witnesses should be impeachable for acca their refusal to be truth tested; they might invoke the privilege against self-incrimination but the trier of scholarships fact, in weighing their credibility in thesis writer, this trial, would not be using that information against causes of world them. And this should be true for thesis prosecution witnesses as well as defense witnesses.
Both parties and non-party witnesses at civil trials would seem generally to be impeachable for their refusal to be truth-tested, except in some jurisdictions that hold that a civil party's invocation of the Fifth Amendment may not be commented upon even in a civil trial. It seems unlikely that a witness's willingness to undergo truth testing would add anything to the results of a test in most cases. Difference Thesis And Position! It might, however, be relevant, and presumably admissible, if for some reason the test did not work on that witness or, unbeknownst to the witness at the time she made the offer, the test results turned out to be inadmissible. The questions thus far have dealt with the admissibility of evidence from witnesses who have voluntarily undergone truth testing or who have voluntarily agreed or refused to undergo such testing. Could, or should, either side have the acca thesis writer, power to compel a witness to undergo either method of truth testing? At its simplest, this might be a right to re-test a witness tested by the other side, a claim that could be quite compelling if the results of these methods, like the results of polygraphy, were believed to be significantly affected by the means by which it was administered — not just the scientific process but the essays book, substance and writer style of the book, questioning. More broadly, could either side compel a witness, in a criminal or a civil case, to undergo such truth testing as part of either a courtroom examination or in pretrial discovery? Witnesses certainly can be compelled to testify, at writer trial or in deposition. They can also be compelled, under appropriate circumstances, to undergo specialized testing, such as medical examinations. And Position Statement! (These latter procedures typically require express authorization from the court rather than being available as of right to the other side.) Several constitutional protections might be claimed as preventing such compulsory testimony using either lie detection or truth compulsion.
A witness might argue that the acca writer, method of truth testing involved was so great an intrusion into the person's bodily (or mental) integrity as to shock the conscience and violate the Fifth or Fourteenth Amendment, as did the stomach pumping in essay, Rochin v. California . 37 A test method involving something like the wearing of headphones might seem quite different from thesis, one involving an causes war 1 essay, intravenous infusion of a drug or envelopment in the coffin-like confines of a full-sized MRI machine. Acca Thesis Writer! The strength of creative essay scholarships such a claim might vary with whether the process was lie detection and merely verified (or undercut) the witness's voluntarily chosen words or whether it was truth compulsion and interfered with the witness's ability to choose her own words. The Fifth Amendment's privilege against self-incrimination would usually protect those who choose to invoke it (and who had not been granted immunity). As noted above, that would not necessarily protect either a party in a civil case or a non-defendant witness in a criminal case from impeachment for invoking the privilege. Would a witness have a possible Fourth Amendment claim that such testing, compelled by court order, was an unreasonable search and seizure by the government? I know of no precedent for thesis considering questioning itself as a search or seizure, but this form of questioning could be seen as close to searching the confines of the admissions essays, witness's mind. In that case, would a search warrant or other court order suffice to authorize the test against a Fourth Amendment claim?
And, if it were seen in that light, could a search warrant issue for the interrogation of a person under truth testing outside the context of any pending criminal or civil litigation - and possibly even outside the context of an arrest and its consequent Miranda rights? If this seems implausible, consider what an attractive addition statutory authorization of such mental searches might seem to the Administration or the thesis writer, Congress in the next version of the USA PATRIOT Act. 38. In some circumstances, First Amendment claims might be plausible. Truth compulsion might be held to order of essay, violate in some respects the acca thesis writer, right not to essay themen, speak, although the precedents on this point are quite distant, involving a right not to acca, be forced to say, or to publish, specific statements.
It also seems conceivable that some religious groups could object to these practices and might be able to creative essay scholarships, make a free exercise clause argument against such compelled speech. These constitutional questions are many and acca thesis writer knotty. Equally difficult is the question whether some or all of admissions book them might be held to be waived by witnesses who had either undergone truth testing themselves or had claimed their own truthfulness, thus putting it in question. And, of course, even if parties or witnesses have no constitutional rights against being ordered to undergo truth testing, that does not resolve the policy issue of whether such rights should exist as a matter of statute, rule, or judicial decision. Parties and witnesses are not the only relevant actors in trials. Truth testing might also be used in voir dire. Prospective jurors might be asked about their knowledge of the parties or of the case or their relevant biases.
Could a defendant claim that his right to an unbiased juror was infringed if such methods were not used and hence compel prospective jurors to undergo truth testing? Could one side or the other challenge for cause a prospective juror who was unwilling to undergo such testing? In capital cases, jurors are asked whether they could vote to convict in light of a possible death penalty; truth testing might be demanded by the prosecution to thesis writer, make sure the prospective jurors are being honest. It is order of essay presentation also worth considering how the existence of thesis such methods might change the pretrial maneuvers of the 2011, parties. Currently, criminal defendants taking polygraph tests before trial typically do so through a polygrapher hired by their counsel and thus protected by the attorney-client privilege. Whatever rules are adopted concerning the admissibility of evidence from truth testing will undoubtedly affect the incentives of the parties, in civil and criminal cases, to undergo truth testing. Thesis! This may, in turn, have substantial, and perhaps unexpected, repercussions for essays the practices of criminal plea bargaining and civil settlement. As the acca writer, vast majority of criminal and civil cases are resolved before trial, the difference between thesis and position statement, effects of truth testing could be substantial. Even more broadly, consider the possible effects of truth testing on judicial business more generally. Certainly not every case depends on the honesty of acca writer witness testimony.
Some hinge on causes of world essay conclusions about reasonableness or negligence; others are determined by questions of law. Acca! Even factual questions might be the focus of subjectively honest, but nevertheless contradictory, testimony from different witnesses. Still, it seems possible that a very high percentage of cases, both criminal and civil, could be heavily affected, if not determined, by truth-tested evidence. If truth testing reduced criminal trials ten-fold, that would surely raise Justice Thomas's concern about the causes essay, proper role of the jury, whether or not that concern has constitutional implications. It would also have major effects on writer the workload of the judiciary and, perhaps, on the structure of the and position, courts. The questions raised by a perfect method of truth testing are numerous and complicated. They are also probably unrealistic given that no test will be perfect.
Most of these questions would require reconsideration if truth testing turned out to be only 99.9% accurate, or 99% accurate, or 90% accurate. That reconsideration would have to thesis writer, consider not just overall accuracy but the rates of harvard admissions both false positives (the identification of a false statement as true) and false negatives (the identification of a true statement as false), as those may have different implications. Acca Writer! Similarly, decisions on admissibility might differ if accuracy rates varied with a witness's age, sex, training in beating the machine, or other traits. And, of course, proving the difference and position, accuracy of writer such methods as they are first introduced or as they are altered will be a major issue in causes war 1 essay, court systems under the Daubert or Frye tests. In sum, the invention by neuroscientists of perfectly or extremely reliable lie detecting or truth compelling methods might have substantial effects on almost every trial and on the entire judicial system.
How those effects would play out in acca writer, light of our current criminal justice system, including the constitutional protections of the Bill of causes Rights, is not obvious. Evidence produced by neuroscience may play other significant roles in the courtroom. Consider the possibility of testing, through neuroimaging, whether a witness or a juror reacts negatively to thesis, particular groups. Already, neuroimaging work is going on that looks for — and finds — differences in a subject's brain's reaction to people of essay themen different races. If that research is able to associate certain patterns of activity with negative bias, its possible use in litigation could be widespread. As with truth testing, courts would have to decide whether bias testing met Daubert or Frye , whether voluntary test results would be admissible, whether a party's or witness's refusal or agreement to take the test could be admitted into evidence, and whether the testing could ever be compelled.
The analysis on these points seems similar to acca thesis, that for truth testing, with the possible exception of a lesser role for the privilege against self-incrimination. If allowed, neuroscience testing for racial bias might be used where bias was a relevant fact in the case, as in claims of between thesis employment discrimination based on race. It might be used to acca thesis, test any witness for bias for or against difference a party of a particular race. Acca Thesis Writer! It might be used to test jurors to ensure that they were not biased against the parties because of their race. One could even, barely, imagine it being used to test judges for bias, perhaps as part of a motion to disqualify for harvard admissions essays book bias. Thesis! And, of course, such bias testing need not to be limited bias based on race, nationality, sex, or other protected groups. One could seek to test, in appropriate cases, for bias against parties or witnesses based on their occupation (the police, for example), their looks (too fat, too thin), their voices (a southern accent, a Bahston accent), or many other characteristics. If accurate truth testing were available, it could make any separate bias testing less important. Witnesses or jurors could simply be asked whether they were biased against the relevant group. On the other hand, it is possible that people might be able to answer honestly that they were not biased, when they were in fact biased.
Such people would actually act on negative perceptions of different groups even though they did not realize that they were doing so. If the neuroimaging technique were able accurately to detect people with that unconscious bias, it might still be useful in addition to truth testing. Bias testing might even force us to re-evaluate some truisms. Admissions Essays Book! We say that the parties to litigation are entitled to unbiased judges and thesis writer juries, but we mean that they are entitled to causes war 1, judges and juries that are not demonstrably biased in a context where demonstrating bias is difficult. What if demonstrating bias becomes easy — and acca bias is ubiquitous? Imagine a trial where neuroimaging shows that all the prospective jurors are prejudiced against a defendant who looks like a stereotypical Hell's Angel because they think he looks like a criminal.
Or what if the only potential jurors who didn't show bias were themselves members of quasi-criminal motorcycle gangs? What would his right to a fair trial mean in that context? Evaluating or Eliciting Memory. The two methods discussed so far involve analyzing (or in the case of truth compulsion, creating) a present state of mind. It is conceivable that neuroscience might also provide courts with at harvard admissions essays least three relevant tools concerning memory. In each case, courts would again confront questions of the reliability of the tools, their admissibility with the witness's permission, impeaching witnesses for failing to use the tools, or compelling a witness to use such a memory-enhancing tool. The first tool might be an intervention, pharmacological or otherwise, that improved a witness's ability to remember events. It is writer certainly conceivable that researchers studying memory-linked diseases might create drugs that help people retrieve old memories or retrieve them in harvard admissions, more detail. This kind of intervention would not be new in writer, litigation. Of Essay Presentation! The courts have seen great controversy over the past few years over repressed or recovered memories, typically traumatic early childhood experiences brought back to adult witnesses by therapy or hypnosis.
Similarly, some of the child sex abuse trials over the past decade have featured questioned testimony from young children about their experiences. In both cases, the validity of writer these memories has been questioned. Presentation! We do know from acca, research that people often will come to remember, in good faith, things that did not happen, particularly when those memories have been suggested to them. 39 Similar problems might arise with enhanced memories. 40. A second tool might be the power to assess the validity of a witness's memory. What if neuroscience could give us tools to distinguish between true and false memory? One could imagine different parts of a witness's brain being used while recounting a true memory, a false memory, or a creative fiction. Or, alternatively, perhaps neuroscience could somehow date memories, revealing when they were laid down. These methods seem more speculative than either truth testing or bias testing, but, if either one (or some other method of testing memory) turned out to be feasible, courts would, after the Daubert or Frye hearings, again face questions of admitting testimony concerning their voluntary use, allowing comment on a witness's refusal to take the test, and possibly compelling their use. A third possible memory-based tool is still more speculative but potentially more significant.
There have long been reports that electrical stimulation can, sometimes, trigger a subject to have what appears to between, be an extremely detailed and vivid memory of acca thesis a past scene, almost like reliving the experience. At this point, we do not know whether these experiences are truly memories or are more akin to causes of world war 1, hallucinations; if it is writer a memory, how to reliably call it up; how many memories might potentially be recalled in of essay presentation, this manner; or, perhaps most importantly, how to recall any specific memory. Whatever filing system the brain uses for acca thesis memories seems to be, at essay themen this point, a mystery. Assume that it proves possible to cause a witness to recall a specific memory in its entirety, perhaps by localizing the acca, site of the memory first through neuroimaging the creative, witness while she calls up her own existing memories of the event. A witness could then, perhaps, relive an event important to acca thesis writer, trial, either before trial or on the witness stand. One could even, just barely, imagine a technology that might be able to read out the witness's memories, intercepted as neuronal firings, and harvard admissions translate it directly into voice, text, or the equivalent of a movie for review by thesis writer, the finder of of world fact.
Less speculatively, one could certainly imagine a drug that would improve a person's ability to retrieve specific long-term memories. While a person's authentic memories, no matter how vividly they are recalled, may not be an accurate portrayal of what actually took place, they would be more compelling testimony than provided by typically foggy recollections of thesis past events. Causes Essay! Once again, if the validity of acca thesis writer these methods were established, the key questions would seem to be whether to harvard admissions essays book, allow the admission of evidence from such a recall experience, voluntarily undertaken; whether to thesis writer, admit the order of essay presentation, fact of a party's or witness's refusal or agreement to acca, use such method; and whether, under any circumstances, to compel the order presentation, use of acca thesis such a technique. Creative Scholarships 2011! 41. Other Litigation-Related Uses. Neuroscience covers a wide range of brain-related activities. The three areas sketched above are issues where neuroscience conceivably could have an impact on acca writer almost any litigation, but neuroscience might also affect any specific kind of harvard essays book litigation where brain function was relevant.
Consider four examples. The most expensive medical malpractice cases are generally considered so-called bad baby cases. In these cases, children are born with profound brain damage. Damages can be enormous, sometimes amounting to acca writer, the cost of round-the-clock nursing care for seventy years. Evidence of causation, however, is often very unclear. The plaintiff parents will allege that the defendants managed the delivery negligently, which led to a lack of oxygen that in turn caused the writing review of related, brain damage. Defendants, in addition to denying negligence, will usually claim that the damage had some other, often unknown, cause. Jurors are left with a family facing a catastrophic situation and no strong evidence about thesis writer, what caused it. Trial verdicts, and settlements, can be extremely high, accounting in part for the high price of malpractice insurance for obstetricians. If neuroscience would reliably distinguish between brain damage caused by order of essay presentation, oxygen deprivation near birth and that caused earlier, these cases would have more accurate results, in terms of compensating only families where the damage was caused around delivery. Acca Writer! Similarly, if fetal neuroimaging could reveal serious brain damage before labor, those images could be evidence about the cause of the difference between thesis and position statement, damage. (One can even imagine obstetricians insisting on prenatal brain scans before delivery in order to acca thesis, establish a baseline.) By making the of essay presentation, determination of causation more certain, it should also lead to more settlements and less wasteful litigation. (Of course, in cases where neuroscience showed that the damage was consistent with lack of oxygen around delivery, the defendants' negligence would still be in question.)
In many personal injury cases, the existence of intractable pain may be an issue. Thesis Writer! In some of those cases there may be a question whether the plaintiff is exaggerating the extent of the pain. Causes Of World! It seems plausible that neuroscience could provide a strong test for whether a person actually perceives pain, through neuroimaging or other methods. It might be able to show whether signals were being sent by thesis, the sensory nerves to the brain from the painful location on the plaintiff's body. Alternatively, it might locate a region of the brain that is always activated when a person feels pain or a pattern of brain activation that is always found during physically painful experiences.
Again, by reducing uncertainty about a very subjective (and hence falsifiable) aspect of a case, neuroscience could improve the litigation system. A person's competency is essay themen relevant in acca thesis writer, several legal settings, including disputed guardianships and competency to stand trial. Neuroscience might be able to establish some more objective measures that could be considered relevant to competency. (It might also reveal that what the law seems pleased to regard as a general, undifferentiated competency does not, in fact, exist.) If this were successful, one could imagine individuals obtaining prophylactic certifications of their competency before, for example, making wills or entering into unconventional contracts. The degree of mental ability is also relevant in war 1, capital punishment, where the Supreme Court has recently held that executing the mentally retarded violates the Eighth Amendment. 42 Neuroscience might supply better, or even determinative, evidence of acca writer mental retardation. Or, again, it may be that neuroscience would force the book, courts to thesis, recognize that mental retardation is not a discrete condition. Finally, neuroscience might affect criminal cases for illegal drug use in several ways. Neuroscience might help determine whether a defendant was truly addicted to essay themen, the drug in question, which could have some consequences for guilt or sentencing. It might reveal whether a person was especially susceptible to, or especially resistant to, becoming addicted. Or it could provide new ways to block addiction, or even pleasurable sensations, with possible consequences for acca sentencing or treatment. Again, as with the other possible applications of neuroscience addressed in this paper, these uses are speculative.
It would be wrong to between and position statement, count on neuroscience to solve, deus ex machina, our drug problems. It does not seem irresponsible, however, to consider the possible implications of acca thesis neuroscience breakthroughs in between and position, this area. 43. I am using these two often conflated terms to acca writer, mean different things. I am using confidentiality to essay themen, refer to the obligation of a professional or an entity to acca writer, limit appropriately the availability of information about essay themen, people (in this context, usually patients or research subjects). Privacy, as I am using it, means people's interest in avoiding unwanted intrusions into their lives. Acca Thesis! The first focuses on limiting the distribution of information appropriately gathered; the second concerns avoiding intrusions, including the inappropriate gathering of information. Neuroscience will raise challenges concerning both concepts. Maintaining —and Breaking — Confidentiality.
Neuroscience may lead to of essay, the generation of sensitive information about acca writer, individual patients or research subjects, information whose distribution they may wish to see restricted. Personal health information is everywhere protected in the United States, by varying theories under state law, by new federal privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA), 44 and by harvard admissions, codes of professional ethics. Personal information about research subjects must also be appropriately protected under the acca thesis writer, Common Rule, the federal regulation governing most (but not all) biomedical research in the United States. 45 The special issue with neuroscience-derived information is whether some or all of creative essay 2011 it requires additional protection. Because of thesis writer concerns that some medical information is more dangerous than usual, physicians have sometimes kept separate medical charts detailing patients' mental illness, HIV status, or genetic diseases. And Position Statement! Some states have enacted statutes requiring additional protections for acca thesis writer some very sensitive medical information, including genetic information. Because neuroscience information may reveal central aspects of a person's personality, cognitive abilities, and future, one could argue that it too requires special protection.
Consideration of such special status would have to weigh at least five counter-arguments. First, any additional recordkeeping or data protection requirements both increase costs and risk making important information unavailable to physicians or patients who need it. A physician seeing a patient whose regular physician is on vacation may never know that there is creative essay scholarships 2011 a second chart that contains important neuroscience information. Second, not all neuroscience information will be especially sensitive; much will prove not sensitive at all because it is not meaningful to anyone, expert or lay. Third, defining neuroscience information will prove difficult. Statutes defining genetic information have either employed an almost uselessly narrow definition (the result of DNA tests) or have opted for a wider definition encompassing all information about a person's genome. The latter, however, would end up including standard medical information that provides some information about acca thesis writer, a person's genetics: blood types, cholesterol level, skin color, and family history, among others.
Fourth, mandating special protection for a class of order of essay presentation information sends the acca, message that the information is especially important even if it is not. Essay Themen! In genetics, it is argued that legislation based on such genetic exceptionalism increases a false and harmful public sense of thesis genetic determinism. Similar arguments might apply to neuroscience. Finally, given the many legitimate and often unpredictable needs for access to medical information, confidentiality provisions will often prove ineffective at keeping neuroscience information private, especially from the health insurers and employers who are paying for order of essay the medical care. This last argument in particular would encourage policy responses that ban bad uses of sensitive information rather than depending on keeping that information secret. Laws and acca writer policies on confidentiality also need to consider the limits on confidentiality. In some cases, we require disclosure of otherwise private medical information to essay 2011, third parties. Barring some special treatment, the same would be true of neuroscience-derived information. A physician (including, perhaps, a physician-researcher) may have an obligation to report to a county health agency or the Centers for Disease Control neuroscience-derived information about acca writer, a patient that is linked to essay themen, a reportable disease (an MRI scan showing, for example, a case of new variant Creutzfeldt-Jakob disease, the human version of mad cow disease); to acca thesis, a motor vehicle department information linked to loss-of-consciousness disorders; and to a variety of governmental bodies information leading to creative essay scholarships, a suspicion of child abuse, elder abuse, pesticide poisoning, or other topics as specified by statute. In some cases, it might be argued, as it has been in genetics, that a physician has a responsibility to disclose a patient's condition to a family member if the family member is at higher risk of the same condition as a result. Finally, neuroscience information showing an writer, imminent and serious threat from a patient to a third party might have to be reported under the Tarasoff doctrine.
46 Discussion of the writing of related, confidentiality of acca thesis writer neuroscience-derived information needs to order presentation, take all of writer these mandatory disclosure situations into account. Privacy Protections Against Mental Intrusions. Privacy issues, as I am using the term in this paper, would arise as a result of neuroscience through unconsented and inappropriate intrusions into essay themen, a person's life. The results of a normal medical MRI would be subject to confidentiality concerns; a forced MRI would raise privacy issues. Some such unconsented intrusions have already been discussed in dealing with possible compulsory truth, bias, or memory interventions inside the litigation system.
This section will describe such interventions (mainly) outside a litigation context. Intrusions by the government are subject to the Constitution and acca its protections of privacy, contained in of related literature in research, and emanating from the penumbra of the Bill of Rights. Acca! Whether or not interventions were permitted in the courtroom, under judicial supervision, the of essay presentation, government might use them in other contexts, just as polygraphs are used in security clearance investigations. All of these non-litigation governmental uses share a greater possibility of acca abuse than the use of such a technology in a court-supervised setting. Presumably, their truly voluntary use, with the informed consent of a competent adult subject, would raise no legal issues. Situations where agreement to essay themen, take the test could be viewed as less than wholly voluntary would raise their own set of sticky problems about the degree of coercion. Consider the possibility of acca truth tests for scholarships 2011 those seeking government jobs, benefits, or licenses. Admission to thesis, a state college (or eligibility for harvard government-provided scholarships or government-guaranteed loans) might, for example, be conditioned on passing a lie detection examination on thesis writer illegal drug use. Frankly compelled uses might also be used, although they would raise constitutional questions under the Fourth and Fifth Amendments.
One could imagine law enforcement officials deciding to admissions, interrogate one member of a criminal gang under truth compulsion in violation of Miranda and of the Fifth Amendment (and hence to forego bringing him to trial) in order to get information about his colleagues. Even if a person had been given a sufficiently broad grant of immunity to avoid any Fifth Amendment issues, would that really protect the writer, interests of a person forced to undergo a truth compulsion process? Or would such a forcible intrusion into presentation, one's mind be held to violate due process along the lines of acca writer Rochin v. California ? 47. Of course, even if the interrogated party could bring a constitutional tort claim against essay themen the police, how often would such a claim be brought? And would we — or our courts — always find such interrogations improper? Consider the interrogation of suspected terrorists or of enemy soldiers during combat, when many lives may be at stake. (This also raises the interesting question of thesis writer how the U.S. could protect its soldiers or agents from similar questioning). Although more far-fetched scientifically, consider the possibility of less intrusive neuroscience techniques.
What if the government developed a neuroimaging device that could be used at a distance from essay themen, a moving subject or one that could fit into acca thesis writer, the arch of a airport metal detector? People could be screened without any obvious intrusion and perhaps without their knowledge. Should remote screening of airline passengers for violent or suicidal thoughts or emotions be allowed? Would it matter whether the causes of world essay, airport had signs saying that all travelers, by their presence, consented to such screening? Private parties have less ability than the government to compel someone to undergo a neuroscience intervention - at least without being liable to arrest for assault. Still, one can imagine situations where private parties either frankly coerce or unduly influence someone else to take a neuroscience intervention. If lie detection or truth compulsion devices were available and usable by laymen, one can certainly imagine criminal groups using them on their members without getting informed consent. Employers might well want to test their employees; parents, their teenagers. If the intervention requires a full-sized MRI machine, we would not worry much about private, inappropriate use. If, on thesis the other hand, truth testing were to require only the thesis and position, equivalent of acca thesis headphones or a hypodermic needle, private uses might be significant and would seem to require regulation, if not a complete ban.
This seems even more true if remote or unnoticeable methods were perfected. A last form of neuroscience intrusion seems, again, at the edge of the scientifically plausible. Imagine an between thesis, intervention that allowed an outsider to control the actions or motions, and possibly even the acca, speech, emotions, or thoughts, of writing review of related literature in research a person. Writer! Already researchers are seeking to learn what signals need to be sent to trigger various motions. Causes Of World! Dr. Acca! Miguel Nicolelis of Duke University has been working to determine what neural activity triggers particular motions in rats and in creative 2011, monkeys and he hopes to be able to stimulate it artificially. Thesis! 48 One goal is to trigger the implanted electrodes and statement have the monkey's arm move in a predictable and controlled fashion. Thesis Writer! The potential benefits of causes essay this research are enormous, particularly to writer, people with spinal cord injuries or other interruptions in their motor neurons. On the causes, other hand, it opens the nightmarish possibility of someone else controlling one's body — a real version of the Imperio curse from Harry Potter's world.
Similarly, one can imagine devices (or drugs) intended to control emotional reactions, to prevent otherwise uncontrollable rages or depressions. One could imagine a court ordering implantation of such a device in sexual offenders to acca thesis writer, prevent the emotions that give rise to their crimes or, perhaps more plausibly, offering such treatment as an of world war 1 essay, option, in place of acca a long prison term. Castration, an old-fashioned method of accomplishing a similar result, either surgical or chemical, is already a possibility for convicted sex offenders in essay themen, some states. Thesis Writer! Various pharmacological interventions can also be used to affect a person's reactions. These kinds of interventions may never become more than the ravings of victims of paranoia, though it is at least interesting that the Defense Advanced Research Projects Administration (DARPA) is providing $26 million in of related, support of Nicolelis's research through its Brain-Machine Interfaces program. 49 The use of such techniques on consenting competent patients could still raise ethical issues related to enhancement. Their use on convicts under judicial supervision but with questionably free consent is troubling. Their possible use on unconsenting victims is terrifying.
If such technologies are developed, their regulation needs to be considered carefully. Advances in neuroscience will certainly raise legal and policy questions in intellectual property law, particularly in patent law. 50 Fortunately, few of those questions seem novel, as most seem likely to parallel issues already raised in thesis, genetics. In some important respects, however, the issues seem less likely to be charged than those encountered in genetics. Two kinds of neuroscience patents seem likely. The first type comprises patents on drugs, devices, or techniques for studying or intervening in living brains. MRI machines are covered by many patents; different techniques for using devices or particular uses of them could also be patented. So, for example, the first person to use an MRI machine to search for a particular atom or molecule might be able to patent that use, unless it were an obvious extension of existing practice.
Similarly, someone using an MRI machine, or a drug, for the purpose of determining whether the essay themen, subject was telling the truth could patent that use of that machine or drug, even if she did not have own a patent on the machine or drug itself. The second type would be a patent on a particular pattern of acca thesis activity in difference thesis and position, the brain. (I will refer to these as neural pattern patents.) The claims could be that this pattern could be used to diagnose conditions, to predict future conditions, or as an opportunity for an intervention. This would parallel the common approach to patenting genes for thesis diagnosis, for prediction, and for possible gene therapy. Difference Between Thesis Statement! Neuroimaging results seem the obvious candidates for this kind of patent, although the patented pattern might show up, for example, as a set of gene expression results revealed by acca, microarrays or gene chips. I will discuss the essay 2011, likely issues these kinds of patents raise in three categories: standard bioscience patent issues, owning thoughts, and medical treatments. Standard Bioscience Patent Issues. Patents in the biological science, especially those relating to genetics, have raised a number of different concerns. Three of the issues seem no more problematic with neuroscience than they have been with genetics; three others seem less problematic. Whether this is acca thesis troublesome, of course, depends largely on one's assessment of the current state of genetic patents. My own assessment is relatively sanguine; I believe we are muddling through the issues of genetic patents with research and creative essay 2011 treatment continuing to acca, thrive. I am optimistic, therefore, that none of these standard patent issues will cause broad problems in neuroscience.
Two concerns are based on the fact of the harvard admissions essays, patent monopoly. Some complain that patents allow the patent owner to restrict the use and acca thesis writer increase the price of the patented invention, thus depriving some people of its benefits. 51 This is, of course, true of all patents and is a core idea behind the patent system: the time-limited monopoly provides the economic returns that encourage inventors to invent. With some bioscience patents, this argument has been refined into a second perceived problem: patents on research tools. Causes Of World! Control over a tool essential to the future of a particular field could, some say, give the patent owner too much power over the field and could end up retarding research progress. This issue has been discussed widely, most notably in the 1998 Report of the National Institutes of Health (NIH) Working Group on acca Research Tools, which made extensive recommendations on the subject. 52 Some neuroscience patents may raise concerns about monopolization of basic research tools, but it is of world not clear that those problems cannot be handled if and as they arise. A third issue concerns the effects of patents on universities.
Under the Bayh-Dole Act, passed in 1980, universities and other non-profit organizations where inventions were made using federal grant or contract funds can claim ownership of the thesis, resulting inventions, subject to of essay presentation, certain conditions. Bayh-Dole has led to the growth of thesis technology licensing offices in universities; some argue that it has warped university incentives in unfortunate ways. Order Of Essay! Neuroscience patents might expand the number of favored, money-making departments in universities, but seem unlikely to acca thesis writer, make a qualitative difference. Just because neuroscience patents seem unlikely to pose the of essay, first three patent problems in any new or particularly severe ways does not mean those issues should be ignored. Individual neuroscience patents might cause substantial problems that call for intervention; the cumulative weight of neuroscience patents when added to other bioscience patents may make systemic reform of one kind or another more pressing. But the outlines of the problems are known. Three other controversies about genetic patents are unlikely to be nearly as significant in thesis writer, neuroscience. They seem relevant, if at of essay presentation all, to thesis, neural pattern patents, not to device or process patents.
Two of the controversies grew out of patents on causes DNA sequences. In 1998 Rebecca Eisenberg and Michael Heller pointed out the tragedy of the anti-commons, the concern that having too many different patents for thesis DNA sequences under different ownership could increase transaction costs so greatly as to foreclose useful products or research. Harvard Admissions Essays Book! 53 This issue was related to a controversy about the standards for granting patents on DNA sequences. Researchers were applying for thesis tens of thousands of patents on small stretches of DNA without necessarily knowing what, if anything, the DNA did. Often these were expressed sequence tags or ESTs, stretches of DNA that were known to between thesis statement, be in genes and hence to play some role in the body's function because they were found in acca thesis, transcribed form as messenger RNA in cells.
It was feared that the resulting chaos of patents would make commercial products or further research impossible. Difference Between Thesis! This concern eventually led the Patent and thesis Trademark Office to causes of world war 1 essay, issue revised guidelines tightening the utility requirement for gene patents. However strong or weak these concerns may be in genetics, neither issue seems likely to be very important in neuroscience (except of course in neurogenetics). There does not appear to be anything like a DNA sequence in acca thesis, neuroscience, a discrete entity or pattern that almost certainly has meaning, and writing potential scientific or commercial significance, even if that meaning is unknown. Acca Thesis Writer! The equivalent would seem to be patenting a particular pattern of brain activity without having any idea what, if anything, the pattern related to. That was plausible in creative scholarships 2011, genetics because the sequence could be used as a marker for the still unknown gene; nothing seems equivalent in acca writer, neuroscience. Similarly, it seems unlikely that hundreds or thousands of different neural patterns, each patented by different entities, would need to be combined into presentation, one product or tool for thesis writer commercial or research purposes. The last of these genetic patent controversies revolves around exploitation. Some have argued that genetic patents have often stemmed from the alleged inventors' exploitation of individuals or indigenous peoples who provided access to or traditional knowledge about medicinal uses of living things, who had created and maintained various genetically varied strains of crops, or who had actually provided human DNA with which a valuable discovery was made. These claims acquired a catchy title — biopiracy — and a few good anecdotes; it is not clear whether these practices were significant in number or truly unfair. Neuroscience should face few if any such claims.
The main patterns of the research will not involve seeking genetic variations from crops or other living things, nor does it seem likely (apart from neurogenetics) that searches for patterns found in unique individuals or distinct human populations will be common. Patents on harvard admissions essays book human genes have been extremely controversial for a wide variety of reasons. Some have opposed them for religious reasons, others because they were thought not to involve true inventions, others because they believed human genes should be the common heritage of acca mankind, and still others because they believe such gene patents commodify humans. (Similar but slightly different arguments have raged over the patentability of other kinds of writing of related human biological materials or of non-human life-forms.) On the surface, neural pattern patents would seem susceptible to some of the thesis writer, same attacks as hubristic efforts to patent human neural processes or even human thoughts. I suspect, however, that an ironically technical difference between the two kinds of patents will limit the controversy in neuroscience. Patents on essay scholarships human genes — or, more accurately, patents on DNA or RNA molecules of specified nucleotide sequences — are typically written to claim a wide range of conceivable use of acca writer those sequences. A gene patent, for example, might claim the use of a sequence to predict, to diagnose, or to treat a disease. But it will also claim the thesis and position statement, molecule itself as a composition of acca thesis matter. The composition of matter claim gives the order presentation, owner rights over any other uses of the sequence even though he has not foreseen them. It also seems to give him credit for inventing a genetic sequence existing naturally and that he merely isolated and identified. It is the composition of matter claims that have driven the controversy over gene patents.
Few opponents claim that the researchers who, for example, discovered the gene linked to cystic fibrosis should not be able to patent beneficial uses of that gene, such as diagnosis or treatment. It is the thesis, assertion of ownership of the thing itself that rankles even though that claim may add little value to essays book, the other use claims. Neural pattern patents would differ from gene patents in that there is no composition of matter to be patented. The claim would be to certain patterns used for thesis certain purposes. The pattern itself is not material — it is not a structure or a molecule — and so should not be claimable as a composition of matter. Review In Research! Consider a patent on a pattern of neural activity that the brain perceives as the color blue. A researcher might patent the use of the pattern to tell if someone was seeing blue or perhaps to allow a person whose retina did not perceive blue to acca, see blue.
I cannot see how a patent could issue on the pattern itself such that a person would own the idea of blue. Similarly, a pattern that was determinative of causes essay schizophrenia could be patented for that use, but the patentee could not own schizophrenia or even the pattern that determined it. If a researcher created a pattern by altering cells, then he could patent, as a composition of matter, the altered cells, perhaps defined in part by the pattern they created. Without altering or discovering something material that was associated with the pattern, I do not believe he could patent a neural pattern itself. The fact that neural pattern patents will be patents to uses of the patterns, not for the patterns themselves, may well prevent the kinds of controversies that have attended gene patents. Patents and Medical Treatment. Neuroscience pattern patents might, or might not, run into a problem genetics patents have largely avoided: the acca thesis, Ganske-Frist Act. In September 1996, as part of an omnibus appropriations bill, Congress added by amendment a new Section 387(c) to the patent law. Essay Themen! This section states that. With respect to writer, a medical practitioner's performance of a medical activity that constitutes an infringement under section 271(a) or (b) of this title, the provisions of sections 281, 283, 284, and 285 of this title shall not apply against the medical practitioner or against essay themen a related health care entity with respect to acca, such medical activity. 54.
This section exempts a physician and her hospital, clinic, HMO, or other related health care entity from writing review, liability for damages or an injunction for infringing a patent during the performance of a medical activity. Thesis! The amendment defines medical activity as the performance of a medical or surgical procedure on a body, but it excludes from that definition  the use of a patented machine, manufacture, or composition of thesis matter in acca thesis writer, violation of causes of world essay such patent,  the practice of a patented use of a composition of acca thesis writer matter in violation of such patent, or  the practice of creative scholarships a process in acca, violation of a biotechnology patent. 55 The statute does not define a biotechnology patent. Congress passed the amendment in reaction to of essay presentation, an ultimately unsuccessful lawsuit brought by acca thesis, an ophthalmologist who claimed that another ophthalmologist infringed his patent on performing eye surgery using a particular v shaped incision. Medical procedure patents had been banned in many other countries and essay 2011 had been controversial in the United States for over a century; they had, however, clearly been allowed in the United States since 1954.
56. Consider a neural pattern patent that claimed the use of thesis writer a particular pattern of brain activity in the diagnosis or as a guide to the treatment of schizophrenia. Causes Of World Essay! 57 A physician using that pattern without permission would not be using a patented machine, manufacture, or composition of acca thesis matter in violation of such patent. Nor would she be engaged in the practice of a patented use of a composition of matter in essay, violation of such patent. With no statutory definition, relevant legislative history, or judicial interpretation, it seems impossible to tell whether she would be engaged in the practice of a process in violation of a biotechnology patent. Because molecules, including DNA, RNA, and proteins, can be the subjects of acca composition of matter patents, most genetic patents should not be affected by the Ganske-Frist Act. 58 Neural pattern patents might be. It is, of review in research course, quite unclear how significant an influence this exception for patent liability might have in acca thesis, neuroscience research or related medical practice. If even a small fraction of the issues discussed above come to pass, neuroscience will have broad effects on essay themen our society and our legal system. The project to thesis writer, which this paper contributes can help in beginning to sift out the likely from the merely plausible, the unlikely, and the bizarre, both in the expected development of the science and in the social and legal consequences of creative essay scholarships 2011 that science.
Truly effective prediction of upcoming problems — and acca thesis writer suggestions for viable solutions — will require an essay themen, extensive continuing effort. Acca Writer! How to create a useful process for managing the between thesis and position, social and legal challenges of neuroscience is not the least important of the many questions raised by neuroscience. * C. Wendell and Edith M. Acca Thesis Writer! Carlsmith Professor of Law; Professor,, by essay scholarships 2011, courtesy, of Genetics, Stanford University. I want to acca, thank particularly my colleagues John Barton, George Fisher, and Tino Cuellar for their helpful advice on intellectual property, evidentiary issues, and neuroscience predictions in the criminal justice system, respectively. I also want to thank my research assistant, Melanie Blunschi. Back. 1. William Shakespeare, Macbeth, Act I, Scene 4 (1606). Back. 2. The source of this common saying is surprisingly hard to pin down, but Bohr seems the most plausible candidate. See Henry T. Greely, Trusted Systems and Medical Records: Lowering Expectations , 52 STAN.
L. REV. 1585, 1591 n. Writing Review Of Related! 9 (2001). Back. 3. See, e.g., Secretary's Advisory Committee on Genetic Testing, Enhancing the thesis writer, Oversight of Genetic Tests: Recommendations of the SACGT , National Institutes of difference statement Health (July 2000), report available at http://www4.od.nih.gov/oba/sacgt/reports/oversight_report.htm; Holtzman, N.A.; Watson, M.S. (eds.) Promoting Safe and Effective Genetic Testing in the United States: Final Report of the Task Force on Genetic Testing . Baltimore: Johns Hopkins University Press, (1997); and Barbara A. Koenig, Henry T. Greely, Laura McConnell, Heather Silverberg, and Thomas A. Writer! Raffin, PGES Recommendations on Genetic Testing for Breast Cancer Susceptibility , JOURNAL OF WOMEN'S HEALTH 7:531-545 (June 1998). Back.
4. Prosecutors also make predictions in using their discretion in charging crimes and in plea bargaining; the police also use predictions in deciding on which suspects to focus. My colleague Tino Cuellar pointed out to me that neuroscience data, from the present prosecution or investigation or from of related literature in research, earlier ones, might play a role in those decisions. Back. 5. The implications of neuroscientific assessments of a person's state of mind at the time of the crime for criminal liability are discussed in Professor Morse's paper. The two issues are closely related but may have different consequences. Back. 6. See Brunner, H.G., Nelen, M., Breakefield, X.O., Ropers, H.H., Oost, B.A. van, Abnormal Behavior Associated with a Point Mutation in the Structural Gene for Monoamine Oxidase A. Writer! , SCIENCE, 262:5133-36 (October 22, 1993), discussed in of world, Virginia Morrell, Evidence Found for a Possible Aggression Gene , SCIENCE 260:1722-24 (June 18, 1993); and Avshalon Caspi, Joseph McClay, Terrie E. Moffitt, Jonathan Mill, Judy Martin, Ian W. Craig, Alan Taylor, Richie Poulton, Role of Genotype in the Cycle of Violence in Maltreated Children , SCIENCE, 297:851-854 (Aug.
2, 2002), discussed in Erik Stokstad, Violent Effects of Abuse Tied to Gene , SCIENCE 297:752 (Aug. 2, 2002). Back. 7. See the discussion of the four unsuccessful efforts to use XYY status as a defense in criminal cases in Deborah W. Denno, Human Biology and Criminal Responsibility: Free Will or Free Ride? 137 U.Pa. L. Rev.
613, 620-22 (1988). Back. 8. See two excellent recent discussions of these cases: Stephen J. Morse, Uncontrollable Urges and Irrational People , 88 VA. L. REV. 1025 (2002); and Peter C. Pfaffenroth, The Need for Coherence: States' Civil Commitment of Sex Offenders in the Wake of Kansas v. Crane , 55 STAN. L. REV. 2229 (2003). Back. 9. Kan. Stat. Ann. §59-29a02(a) (2003).
Back. 10. 521 U.S. 346, 360 (1997). Back. 12. 534 U.S. 407 (2002). Thesis! Back. 14.
For a representative sample of essay themen views, see Kathy L. Hudson, Karen H. Rothenberg, Lori B. Andrews, Mary Jo Ellis Kahn, and Francis S. Collins, Genetic Discrimination and Health Insurance: An Urgent Need for Reform , 270 SCIENCE 391 (1995) (broadly favoring a ban on discrimination); Richard A. Epstein, The Legal Regulation of thesis Genetic Discrimination: Old Responses to New Technology , 74 B.U. L. REV. 1 (1994) (opposing a ban on the use of genetic information in employment discrimination); Henry T. Greely, Genotype Discrimination: The Complex Case for review literature Some Legislative Protection , 149 U.PA.L.REV. 1483 (2001) (favoring a carefully drawn ban, largely to writer, combat exaggerated fears of discrimination); and Colin S. Diver and Jane M. Cohen, Genophobia: What Is Wrong with Genetic Discrimination? , 149 U. PA. L. REV. 1439 (2001) (opposing a ban on its use in health insurance). Back. 15. For the of related literature in research, most up-to-date information on state law in this area, see Ellen W. Clayton, Ethical, Legal, and Social Implications of acca writer Genomic Medicine , 349 NEW ENG.
J. MED. Between Statement! 542 (2003). Back. 16. After considering, but not adopting, similar legislation since 1997, in October 2003 the Senate passed the Genetic Information Non-Discrimination Act, S. 1053. The vote was unanimous, 95-0, and thesis the Bush Administration announced its support for the measure. A similar bill is currently awaiting action in the House of Representatives. See Aaron Zitner, Senate Blocks Genetic Discrimination, Los Angeles Times, Section 1, p. 16 (Oct. 15, 2003). Back. 17.
Brighthouse Institute for causes Thought Sciences Launches First Neuromarketing Research Company , press release (June 22, 2002) found at http://www.prweb.com/releases/2002/6/prweb40936.php Back. 18. It seems conceivable that MRI results of a fetal brain might ultimately be used in thesis writer, conjunction with prenatal neurosurgery. Back. 19. Of Related! See, e.g., Pierce v. Acca Writer! Society of essay Sisters , 268 U.S.510 (1925); Meyer v. Nebraska , 262 U.S. Thesis Writer! 390 (1923). Back. 20.
Daubert v. Merrell Dow Pharmaceuticals , 516 U.S. 869; 116 S. Ct. 189; 133 L. Ed. 2d 126 (1993). Back. 21. Frye v. United States, 54 App.D.C. 46, 293 F. 1013 (1923, D.C. Causes Of World! Cir.) Back. 22. A National Academy of acca thesis writer Sciences panel examining polygraph evidence dated the birth of the polygraph machine to William Marston between 1915 and 1921.
COMMITTEE TO REVIEW THE SCIENTIFIC EVIDENCE ON THE POLYGRAPH, NATIONAL RESEARCH COUNCIL, THE POLYGRAPH AND LIE DETECTION at 291-97 (Mark H. Moore and admissions essays Anthony A. Braga, eds. 2003). Marston was the polygraph examiner whose testimony was excluded in United States v. Acca Thesis Writer! Frye . Back. 23. See the discussion in United States v. Scheffer , 523 U.S. 303, 310-11 (1998). At that point, most jurisdictions continued the traditional position of excluding all polygraph evidence. Harvard! Two federal circuits had recently held that polygraph evidence might be admitted, on a case by case basis, when, in the district court's opinion, it met the Daubert test for scientific evidence.
One state, New Mexico, had adopted a general rule admitting polygraph evidence. Acca! Back. 24. Justice Stevens characterized the state of the scientific evidence as follows in difference thesis statement, his dissent in United States v. Sheffer : There are a host of studies that place the reliability of polygraph tests at 85% to 90%. While critics of the polygraph argue that accuracy is much lower, even the studies cited by the critics place polygraph accuracy at 70%. Moreover, to the extent that the thesis, polygraph errs, studies have repeatedly shown that the polygraph is more likely to find innocent people guilty than vice versa. Thus, exculpatory polygraphs — like the one in this case — are likely to be more reliable than inculpatory ones. United States v. Of Essay! Scheffer , 523 U.S. 303, 333 (1998) (Stevens, J., dissenting)(footnotes omitted) A committee of the National Academy of acca thesis Sciences has recently characterized the essay themen, evidence as follows: Notwithstanding the limitations of the quality of the empirical research and the limited ability to generalize to real-world settings, we conclude that in populations of examinees such as those represented in the polygraph research literature, untrained in countermeasures, specific-incident polygraph tests can discriminate lying from acca thesis, truth telling at causes war 1 rates well above chance, though well below perfection.
COMMITTEE TO REVIEW THE SCIENTIFIC EVIDENCE ON THE POLYGRAPH at 4. Back. 29. Acca! 532 U.S. at harvard 312-13. Back. 32. I owe this useful insight to writer, Professor Fisher. Back. 33. Writing Review Of Related In Research! 410 U.S. 284 (1973). Back.
35. Acca Thesis! A constitutional right to admit such evidence might also argue for a constitutional right for indigent defendants to have the government pay the essay themen, cost of such truth testing, which might be small or might be great. Back. 36. 396 U.S. 868 (1969). Back.
37. Writer! 342 U.S. 165 (1952). Back. 38. Uniting and Strengthening America by war 1, Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001, Pub. L. No. Acca Thesis! 107-56 (2001).
Back. 39. As with bias detection, truth testing could limit the need for such memory assessment when the writing review of related literature, witness was conscious of the falsity of the writer, memory. Memory assessment, however, could be useful in cases where the order, witness had actually come to believe in the accuracy of a questioned false memory. Acca! Back. 40. It is quite plausible that researchers might create drugs that help people make, retain, and retrieve new memories, important in conditions such as Alzheimer disease. One can imagine giving such a drug in advance to someone who you expected to witness an important event — although providing such a person with a video-recorder might be an easier option. Back.
41. Of World War 1 Essay! Although it is not relevant to judicial uses of the acca writer, technology, note the possibility that any such memory recall method, if easily available to individuals in unsupervised settings, could be used, or abused, with significant consequences. A person might obsessively relive past glorious moments — a victory, a vacation, a romance, a particularly memorable act of lovemaking. A depressed person might dwell compulsively on bad memories. For either, reliving the past might cause the same interference with the present (or the future) as serious drug abuse. Back. 42. Atkins v. Between Thesis Statement! Virginia, 536 U.S. Thesis! 304 (2003). Back. 43.
At the thesis and position statement, same time, neuroscience could give rise to other drugs or drug equivalents. A neuroscience-devised trigger to pleasurable sensations — say, to cause powerful orgasms — could function effectively as a powerful drug of writer abuse. Back. 44. 45 C.F.R. Essay Themen! §160;.101, et seq. (2003). Back. 45. Writer! Each federal agency's version of the Common Rule is codified separately, but see, e.g., the version of the regulation adopted by the Department of order Health and Human Services at 45 C.F.R. §§ 46.101-46.409 et seq. Thesis! (2003). Back. 46.
Tarasoff v .Regents of University of California, 17 Cal.3rd 425, 551 P.2d 334, 131 Cal. Rptr. 14 (1976). Difference Statement! This influential but controversial California decision has been adopted, rejected, or adopted with modifications by various state courts and legislatures. For a recent update, see Fillmore Buckner and Marvin Firestone, Where the Public Peril Beings: 25 Years After Tarasoff , 21 J. Legal Med. Acca Thesis Writer! 187 (2000). Between Thesis Statement! Back. 47.
See the discussion supra at note 34. Back. 48. See Nicolelis, M.A.L., 2003, Brain-Machine Interfaces to Restore Motor Function and Probe Neural Circuits , Nature Reviews Neuroscience 4, 417-22. For a broader discussion of Nicolelis's work, see Jose M. Carmena, Mikhail A. Lebedev, Roy E. Crist, Joseph E. O'Doherty, David M. Santucci, Dragan F. Dimitrov, Parag G. Patil, Craig S. Henriquez, Miguel A.L. Nicolelis, Learning to Control a Brain-Machine Interface for acca Reaching and Grasping by Primates , Public Library of Science Biology, Vol. 1, Issue 2 (November 2003). Back. 49. DARPA to Support Development of Human Brain-Machine Interfaces , Duke University Press Release (August 15, 2002).
Back. 50. War 1 Essay! I cannot think of any plausible issues in copyright or trademark law arising from neuroscience (except, of course, to the extent that litigation in writer, either field might be affected by some of the possible methods discussed in the litigation section above). It seems somewhat more plausible that trade secrets questions might be raised, particularly in connection with special treatments, but I will not discuss those possibilities further. Back. 51. Jon F. Merz, Antigone G. Kriss, Debra G.B. Leonard, and Mildred K. Of World War 1 Essay! Cho, Diagnostic Testing Fails the Test , Nature, 415:577-579 (2002). Back. 52. Report of the National Institutes of Health (NIH) Working Group on Research Tools (June 4, 1998).
Back. 53. Michael A. Heller and Rebecca S. Eisenberg, Can Patents Deter Innovation? The Anticommons in Biomedical Research , SCIENCE 280:698-701 (May 1, 1998), but see John P. Walsh, Ashish Arora, and Wesley M. Cohen, Research Tool Patenting and thesis writer Licensing and Biomedical Innovation , in PATENTS IN THE KNOWLEDGE-BASED ECONOMY (W. M. Cohen and admissions essays S. Merrill, eds. National Academies Press 2003) (finding no evidence for such a problem). Back.
56. See the discussion of the Ganske-Frist amendment in Richard P. Burgoon, Jr., Silk Purses, Sows Ears and acca thesis Other Nuances Regarding 35 U.S.C. §287(c) , 4 U. BALT. INTELL. PROP. J. 69 (1996), and Scott D. Anderson, A Right Without a Remedy: The Unenforceable Medical Procedure Patent , 3 MARQ. Of Essay Presentation! INTELL. PROP. L. REV.
117 (1999). Acca Thesis Writer! Back. 57. Of World Essay! If the acca writer, use were purely for difference between thesis statement prediction, it could be plausibly argued that it was not a medical procedure subject to thesis, the act. I suspect this argument would not be successful if the procedure were performed by a licensed health professional (and not, for example, a Ph.D. neuroscientist). Harvard Admissions Book! Back. 58. Procedures using gene expression results might be vulnerable unless the writer, expression array or gene chip was itself a patented machine or manufacture the use of which was specified in the patent. And Position Statement! Back.
These remarks were made by acca thesis writer, Henry T. Difference Between Statement! Greely for the Regan Lecture.
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Bsc oxford brookes acca thesis sample
An Annotated Bibliography On “A Passage to Indian” Edward Morgan Forster wrote among many other novels, A Passage to India in 1924. The novel happens to be his peak hit in the ladder of success. The novel exposes a dramatic comparison between the colonial political reign using a brief but fictions narration of an English woman named Adela Quested and the Indian man Dr. Aziz. He expounds their experience in the Caves of Marabar shortly after his arrival from India during the British governance in South Asia (which now turns countries of Bangladesh, India, Nepal, Bhutan et cetera). The book entered a golden record amidst hundreds of English literature in archives and got a memorial prize for friction work. In the introductory passage, Forster writes about three characters, on their journey to a Marabar caves. The Englishwoman alleges Dr Aziz of attempt rape. Forster demonstrates a sound knowledge in revealing ethnical differences between the residence Indian nation and the British colonial master. This he logically demonstrates with a good comprehension of Indian culture. Need essay sample on An Annotated Bibliography On “A Passage to Indian” ? We will write a custom essay sample specifically for you for only $12.90/page.
The story reports Aziz trip to Marabar, inviting Mrs. Moore and Ronny Heaslop after a tea party at acca thesis Fielding’s place. Down the cave, Mrs. Moore faces fright by the sudden fear of being alone in the cave, though after some time the “Boum” sound echoes override the claustrophobia. She was put off by difference between thesis the persistence fear leaving alone Aziz, and Adela Quested to continue with the tour with a local man guiding as they ascend the cave. Thesis? Following brief conversation between them in the cave that got Aziz slightly upset, Aziz excused them for a while only to return later and harvard admissions book, found the broken binoculars belonging to Adela without her being there, concluding she is writer lost since the following guide cannot equally ascertain her where about. After a while he saw the company of the duo down the hill – miss Derek and thesis, Adela driving away without bidding a goodbye.
Aziz shockingly got arrested for sexual assault on his way back to Chandra-pore in thesis a train. Adela misconception of the experienced shock in the cave which is order of essay similar to that of Mrs. Moore, gets her psychological ripped and expressly relayed the ugly incidence to acca the British authorities. Whereas, the shock runs her out of control emotionally, with temporary excitement and psychologically distressed. Essays Book? To the surprise of the Indian, the opportune trial unleashes the amassed racial electric tension among them and the British. Majority of the British seem not to be astonished, claiming that the black Indians usually lost after the white woman. Fielding, a white, stood ground in defending Aziz, but this is considered a betrayer of thesis writer, “blood-race” and leads to his banish from the British society. The Indians receive him heartily for he is considered making attempt to of world prevent the bastardizing of their reputation with ugly communal degeneration of the alleged issue. Though untrue, they care less owing to writer the inherent racism as a backdrop in their minds. Few days ahead of Aziz’s trial by the British authorities, Mrs. Moore was apparently silent in writing review in research sharing her own true side of the story which invariably will help out Aziz, she began to feel “apathetic and writer, irritable” out of the blue, showing a loss of order, interest in thesis writer Homo sapiens.
The novel demonstrated how conscience holds grip of Adela as she when call to upon to admissions book present her case to the authority. Writer? The novel expounds how human beings in the face of the truth succumb to conscience threat; this is essay themen metaphysical, extremely abstract to thesis writer understanding, not of how the imaginary picture of the cave runs across her inner vision swiftly and gets emotionally arrested to have begged for order of essay, few minutes to make a self-reconciliation before speaking the heavy truth. Of course, the teaming supporters are taken aback and thesis, annoyed. Thesis And Position? It was such an open shame, of what turn out to thesis ironically be a betrayal of the white genealogy. She later reveals the whole truth on review literature in research how the echo results in the whole dirty show, costing her the proposed engagement and fled England by sea. Forster in this fiction expresses Aziz’s bitterness on knowing that his own close friend, Fielding would, after all, still go ahead to befriend Adela knowing full well that Fielding had earlier successfully persuaded him from suing Adela. This betrayal up turns his repulsive view of all The Whites around him, he moves to Mau and lead new existence with a vow not to befriend white again. Fielding returned later with his wife when Aziz had become a Chief Physician in Mau, Indian. The novel in its last sentence indicates non readiness for Aziz to continue friendship with Fielding “at least not until India is free of the acca thesis British Raj.
Even the earth and the sky seem to say…” #8220;Not yet.#8221; In the book part one, Dr Aziz is called out by Major Callendar to a mosque where he meets Mrs. Moore. She introduces him to Mr. Ronny, her child. Writer? At a party, Adela and Mrs. Moore receive an invitation to visit Marabar Caves.
Among others, Mr. Fielding, Rafi Haq, Mr. Ram, visits Aziz home. Fielding and causes war 1, Aziz became close thereafter. In Part two, the novel geographically describes the beauty of the acca thesis cave and how Mr. Fielding and Godbole arrived late and miss a schedule train. Here in this chapter is the parting of Adela and Dr Aziz after the admissions essays book mysterious shock experience in thesis writer Marabar caves. Dr. Aziz never sees her twice before his arrest at a rail station. Still in this section, Adela Quested later withdraws her accusation, the British colonial nation feels betrayed. The unexpected relationship between Fielding (Aziz close friend) and Adela after an open embarrassment episode shocked Aziz and promised not to be close with any White again, well, may be in another world to come.
In part three of the fiction book, Dr. Aziz stays in Mau after Fielding departs for England with Adela. The later distant relationship existing between Fielding and Aziz births out of the fact the Fielding does not marry Adela Quested. They soon get involve in review in research seeing to acca writer the well being of Indian future, discussing its political issues collectively. King#8217;s College Archive Centre, Cambridge, The Papers of essay themen, Edward Morgan Forster (reference EMF/19/6)#8221;.
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Bsc oxford brookes acca thesis sample
Essay: What are the nurses’ experiences in caring for dementia patients with challenging behaviour? Global ageing is increasing exponentially along with dementia prevalence rates. The demographic trends show that dementia along with other comorbidities has a serious effect on thesis prolonged hospitalisation than people without dementia, with a huge impact on literature in research health services and the national economy .The nurses in acute wards play a major role in identifying and managing the thesis writer, challenging behaviour. The interventions seems to thesis, be inconsistent due to the busy context of the acute wards and lack of acca thesis writer guidance on care of dementia patients with challenging behaviour, which again has a detrimental effect on dementia patients. Upon reviewing the causes, literature, a gap is identified about experiences of nurses caring for dementia patients with challenging behaviour . Hence the writer plans to explore the experiences of nurses in dementia with challenging behaviours using a Husserlian phenomenological approach with the acca thesis writer, hope that it can contribute to harvard admissions essays book, the nursing practices. Dementia is acca thesis, a progressive degenerative disease of the brain, and the fourth leading cause of death for the age group of 65 and above (O’Callaghan 2008, cited by Jean and Murphy, 2011). Currently there are about 41,470 people with dementia live in Ireland as per EuroCoDe age/gender specific dementia prevalence rates (2006 census of population). Behaviours that challenge can appear in any of the three stages of dementia. Confusion and cognitive impairment are the major comorbidities present in the hospitalised elderly population with dementia (Moyle et al. 2008). Hospitalized dementia patients had complex needs, particularly while they exhibit challenging behaviour.
Caring for the elderly people with dementia makes matchless challenges to healthcare staff, particularly to care for their personal needs as well as to manage their disruptive behaviour (Moyle et al. 2008). While attending the order presentation, heavy work load along with high emotional involvement can produce stress on nursing staff which could lead to frustration and dissatisfaction (Chou et al. 2012). Acca Thesis. Staff works with patients who have challenging behaviours often express negative feelings and poor job satisfaction (Farrell et al.
2010). Even though there were many studies conducted in the area of essay themen dementia and associated behaviours , few studies done about nurses’ experiences in caring for dementia patients with challenging behaviour. Hence the acca thesis writer, writer aims to conduct a study about nurses’ experiences of caring for of world war 1 dementia patients with challenging behavior. A detailed literature review will be conducted with explaining the methodology of the study used and suggestions will be concluded. 1.2 Search strategy. A literature search using electronic databases: Cinahl, Medline, Pub Med,Cochrane and Google scholar.
The search terms used were’dementia’ and ‘Alzheimer’s’ and ‘Challenging behaviour’and ‘Aggressive behaviour’and ‘Nurses’ experiences’and’Acute hospital’. Search limited to include full text available online, publications between 2006-2013 , English language and age group of 65 and above. The search yielded 120 articles of acca thesis which 16 were relevant to of world essay, the topic and rest were excluded. Out of 16 studies 7 were dealing with dementia patients in acute hospitals and 6 were about challenging behaviour in dementia patients and 3 were dealing with nurses’ stress and acca writer job satisfaction. Essay. Reference list was also reviewed from the articles used to review. The writer used a data extraction grid to collect data from the literature ( Appendix 1).
1.3 Review of Literature. 1.3.1 Caring for older people with dementia. The National Dementia Strategy in England identifies dementia as a fatal illness with a life expectancy of 4.5 years from diagnosis to death (Xie et al.2008). Dementia leads to decline in cognition with impact on acca writer judgement , comprehension, language, emotional control , intellect , memory and of world social skills (World Health Organisation 2007). Acca Writer. Alzheimer’s is the most common form of dementia and other types are vascular dementia, Lewy body dementia and frontotemporal dementia (Cahill et al. 2012). Dementia has three stages; early, moderate and severe (http://www.dementia.ie). In a qualitative study by Nolan (2007) using a purposive sample of order of essay presentation seven nurses with the thematic approach reported that the thesis writer, physical layout of the creative 2011, acute ward as inappropriate to care for older people with dementia and the highlighted alarm is the safety of the patient. This study also talked about nurses’ enhanced knowledge of environmental dangers, especially in relation to those who wander, and stressed the need to keep them under close supervision. It had an acca, impact on the nurses’ ability to provide care for other patients, mainly while there were many other dementia patients to be cared for. Nurses had their own viewpoints about dementia care, grounded in their own beliefs and practices instead of schooling and knowledge.
Dementia patients were often detailed as powerful and book persistent labels, and were often sighted as being different from other patients (Cowdell 2009). This study, using an ethnographic approach suggested that instead of meeting the needs of the clients , care mainly focussed on thesis completing the physical needs and provision of care included less amount of good communication. Due to essay themen, functional deficits, dementia patients were unable to complete their activities of daily living and due to the time constraints nurses had to take over such activities (Nolan 2006). Acca Writer. While attending these activities, nurses were aware of of world inhibiting the autonomy which could disrupt the personhood of dementia patients. It was noted , this study had the limitations of a small sample size and was conducted in a geriatric ward which was not characteristic of other acute wards. Similar results were found out by a study of Edberg et al. Writer. (2008).
A qualitative study by Edvardsson et al. (2011) found out that ‘the emotional feeling tone of the psychosocial unit’ has great influence on dementia patients and is necessary for maintaining the well being of dementia patients. Nurses had a vital role in producing and maintaining such a positive climate with their presence, and work. 1.3.2 Challenging behaviour in dementia. Challenging behaviour has been defined as ‘an active attempt by harvard admissions essays, the person to express an unmet need, which could be physiological and psychological’ (Stokes G 2000, cited by Andrews 2006 ) or ‘can be a sign of pain or suffering , or a reaction to carer’s torment, which consecutively increases the writer, behavioural problems’ (Bird et al. 2007). A quantitative study by Pulsford (2011) using the Management of Aggression in People with Dementia Attitude Questionnaire (MAPDAQ) to assess the behaviour, the result shows that staff finds the essay themen, aggressive behaviour mainly as circumstantial, could be from an interaction with staff or from the thesis, nature of care providing.
Physical aggression occurred frequently with staff was the target for many of those incidents. This study was limited by less response from staff. Moyle et al. (2010) study using a convenience sample of 13 participants in a large Australian hospital reported that dementia patients with wandering behaviour added more responsibilities to the nurses care due to the limitations of the acute care environment. So they had an attitude to devalue such patients which led to nurses managing the safety issues of the creative, patient, and less intervention were used to meet the physical, social and emotional needs of persons with dementia. In a study by Nolan (2007) findings suggested that nurses felt secure in the presence of dementia patients who were not agitated and aggressive. A cross sectional survey by Cubit et al. (2007) reported that aggressive behaviour is the main reason for increased stress in nurses followed by thesis writer, verbal disruption and wandering. Moyle et al. (2010) reported Staff used physical and essay themen chemical restraints to control aggressive upsurges. The writer suggests that nurses’ understanding of challenging behavior and its pre-disposing factors can help nurses improve their attitude to acca thesis, dementia patients and essays book improve quality of care.
1.3.3 Nurses’ Experiences in caring for dementia patients with challenging behaviour. The preconceived ideas about the thesis, clients violent behaviour caused shortfalls in quality of care and led to lacking individual care which added increased psychological distress and decreased job satisfaction among nurses (Isaksson et al. 2009). This study had limitations of a small sample size and conscious biases present, but the of world, trustworthiness is proved by discussing the findings with other research groups and by seminars with other researchers. Acca Writer. Nurses described caring for older people with dementia in an acute hospital as reaching to feelings of incompetence and job dissatisfaction , and tended to focus their efforts on physical care due to lack of confidence (Cowdell 2009). Again this study reported nursing staff experienced more emotional challenges when patients become upset or difficult to manage. Byers’ (2008) study using a phenomenological approach about the of essay, lived experiences of registered nurses providing care to patients with dementia in acca thesis writer, the acute care setting , all the participants repeatedly expressed feelings of guilt and dissatisfaction.
Also they expressed that they were unable to causes war 1 essay, practice the way they should which created more stress and challenge for them. Similar results were found out by Edberg et al.’s (2008) study using a combined approach of qualitative and quantitative methods. Nurses who work in acca writer, dementia special care units for long term experienced less distress from disruptive behaviour which was in contrast to previous studies where residential care staff with more experience suffered more strain (Cubit et al. 2007), but this study had used the convenience sample for cross sectional survey and the survey tool was limited by asking to causes, recall events from the past week, thus reliability can be questioned. Edvardsson et al. (2009) found that the caring climate had a significant role in producing job strain in writer, nursing staff caring for persons with dementia, which could lead to poor job satisfaction. The writer finds that nurses experiences stress and poor job satisfaction in caring for dementia patients with challenging behavior. So the writer aims to of essay, explore the experiences of nurses to understand how the nursing care can be improved. 1.4 Methodological issues in the literature:
Upon reviewing the literature, the studies which gave information about the experiences of nurses about dementia care where qualitative studies and acca thesis had rich descriptions about the topic but as the samples were small in size in qualitative research and the studies conducted in single sites, the results cannot be generalised. Edberg et al.’s (2008) study used a focus group and participants were recruited through the personal awareness of moderators and reliability can be varied, but trustworthiness and transferability of the findings evidenced by the uniqueness of results and is reinforced by review literature in research, agreement of the findings between nurses in different groups and across the countries. Ethical approval was obtained from relevant sources for all studies. Many studies said that acute care settings had limitations in caring for dementia patients where nurses hold different job roles and look after critically ill patients. Thesis. As global ageing is increasing exponentially along with dementia prevalence rates it is important to provide adequate nurses training and facilities to care for dementia patients in acute conditions. Hence the writer aims to explore the experiences of nurses in caring for writing review of related dementia patients with challenging behaviour and to contribute findings to improve quality care . Chapter 2: Methodological issues in thesis writer, research. In reviewing the literature related to nurses’ experiences of caring for dementia patients with challenging behaviour, three main themes were emerging. It has been identified that nurses are the frontline workers in the acute hospital with dementia patients and there were not much study done about the experiences of nurses in relation to of world war 1 essay, caring and their knowledge of dementia care.
Therefore a gap has been identified in the literature. This chapter will describe the methodology selected by the writer and its relevance to the writers research topic. A brief overview of various research designs will be provided followed by the population and acca sample described along with rationale for the selected sample size. The writer will then discuss about the data collection and data analysis methods and a pilot study will be described. Ethical considerations will be addressed and at the end, trustworthiness and the strengths and harvard essays book limitations will be explained. 2:2 Aim of the study: The proposed research aims to explore the experiences of nurses in caring for dementia patients with challenging behaviour to find out about the barriers and to improve care standards for dementia patients.
2:3 The Research Question: What are the nurses’ experiences in thesis, caring for dementia patients with challenging behaviour? 2:4 Research Methodology. Nursing research is a systematic inquiry structured to build trustworthy evidence to important issues of nurses and their clients and research methods are the harvard essays, techniques used by researchers to collect and acca writer scrutinize the information relevant to causes war 1 essay, the question (Polit Beck 2014). While Paradigm is a broad viewpoint on the complexities of the real world (Polit Beck 2008), methodology is the framework used to conduct the research (O’Leary 2004). The quality of research is reinforced with selecting the correct research methodology for answering the research question effectively (Gerrish Lacey 2010). Quantitative research uses positivist paradigm and, qualitative research is related to constructivist (Naturilistic) paradigm (Polit Beck 2014). Quantitative research seeks to present a world view which is objective and involves variables which can be quantified and acca writer manipulated whereas qualitative research looks to get the opinions, experiences of participants and the meanings of harvard admissions essays book their perspective on the research topic is looking for (Watson et al. 2008).
Quantitative studies can be divided into descriptive, Co relational and quasi experimental studies. It is acca thesis writer, again divided into experimental or clinical trials and, non experimental or observational studies (Polit Beck 2014). Qualitative researchers give attention to the dynamic, holistic and individual aspects of human life and try to absorb those aspects as a whole, within the environment in which it is essay 2011, experienced (Polit Beck 2014). Acca. Qualitative study can be divided into three categories: grounded theory, which describe the key social and psychological processes which occur in the social setting wherein ethnography learn from members of the cultural groups, to realise their world view and, describes their customs and norms. Phenomenological approach studies about of related literature in research life experiences of people and what they mean to them (Polit Beck 2014). Parahoo (2006) says that phenomenology is acca, based on the philosophy of Husserl (descriptive), in contrast Heideggerian phenomenology looks into the individual personal history and psychological make up to understand the harvard admissions essays book, way in which how they experiences phenomena (interpretive). The aim of the writer, proposed research is to explore the experiences of nurses caring for dementia patients with challenging behaviour, therefore the writer finds qualitative research method using the Husserlian phenomenological approach as appropriate to the study. Husserlian phenomenology has four steps, which are intuiting, analysing , describing and order bracketing. By using ‘bracketing ‘which leaves writer’s perceptions, prejudices and beliefs away to get the description of respondents’ experiences in pure form (Polit Beck 2014) The research will be undertaken as part of thesis a PG diploma in Nursing and the time scale will be over 9 months.( Appendix 2 ) 2.5 Population, sample and sampling.
A target population is the total population and study population is creative 2011, a subset of the target population (Gerrish Lacey 2010) while the sample is a subset of the population being Studied (Polit Beck 2008). In phenomenology, the sample has to include those who have experienced the thesis, phenomenon. So the writer plans to use nurses who care for dementia patients. Sampling is the process of selecting a portion of the difference between and position, population to thesis, represent the causes war 1, entire population (Polit Beck 2008). Qualitative researchers look to identify the key individuals, events or settings that provide a rich source of thesis data and creative essay scholarships are not so concerned about identifying the acca writer, total population in developing the sample frame (Gerrish Lacey 2010). There are two basic sampling methods in research, probability sampling and quantitative studies use this sample more but non probability sampling is used by qualitative researchers (Gerrish Lacey 2010). The writer has chosen a purposive sample for this study, which is a form of non probability sampling and of related researchers’ knowledge of the population employed to select the sample (Polit Beck 2008). LoBiondo-Wood and acca writer Haber (1998) pointed out the book, chances for conscious bias and invalid assumptions as the limitations with purposive sampling technique. However purposive samplings are commonly used in phenomenological studies to build up knowledge by providing sound and appropriate data. A sample of 10 nurses working in an acute geriatric ward in acca, an academic teaching hospital in Ireland and regularly caring for dementia patients with challenging behaviour deemed appropriate for essay the study.
2.6 Inclusion and Exclusion Criteria. Registered nurses with minimum one year working experience and care for dementia patients with challenging behaviour on a regular basis are included. Nurse managers and specialist nurses, who are not directly rendering the care, agency nurse and nurses on sick leave/maternity leave are excluded. 2.7 Study Setting. The participants will be more relaxed and thesis relieved if they are in a comfortable setting , and will be more open with the researcher (Langford 2001). He again told that qualitative research is difference between statement, generally conducted in the natural setting of the acca thesis writer, phenomena. Hence the investigator aims to literature, carry out the study in a private room in acca, the hospital which is away from the ward. 2.8 Data Collection. Data is the information collected during the course of a study and it can be in the form of numerical values in quantitative study whereas narrative information on admissions essays a qualitative study (Polit Beck 2014).
Data collection is a precise, systematic gathering of information required to thesis, answer a research question (Burns Grove 2006). According to Creswell (2007) the harvard admissions essays, data collection steps in writer, qualitative study include (a) setting limitations for essay themen the study (b) gather information through observation, interviews , documents and acca thesis writer visual materials (c) establishing the protocol for recording information .Interviews are the harvard book, most common method of data collection in phenomenology (Whiting 2008). Interviews can be structured, unstructured and semi structured (Parahoo 2006). To understand the phenomenon being studied, unstructured interviews use an acca thesis writer, informant guided approach to essay themen, assemble data. (Watson et al. 2012). Phenomenological interviews which gather life-world descriptions of experiences are similar to, but different from other types of non structured open ended interviews (Gerrish Lacey 2010). This begins with a request to interviewee to describe the relevant experience in detail and acca thesis , the request is similar to all informants. Rigor in qualitative research is a strict process of data collection and analysis and is carried throughout the procedure to maintain quality (Macnee McCabe 2008).
For this research, unstructured interviews will be conducted with a request to describe the experiences in order of essay presentation, caring for dementia patients with challenging behaviour while looking for the relevant experiences. The interviewer then helps the informant by explaining the examples and asking what was it like for the respondent, to gather the life-world in full and solid. The interviews are open ended and the interviewer may focus on trying to clarify in the depth of the nature of the phenomenon being studied (Gerrish Lacey 2010). The interviews will be tape recorded with participants’ permission and transcribed afterwards along with the acca thesis, field notes. 2.9 Data analysis: Data analysis reduces, organises and provides meaning to review of related, the data collected (Burns Grove 2010). In qualitative research, analysis of data is hooked on to the thesis, methodological aspect used to guide the study process (Watson et al. 2012). Creswell (1994) suggested that data analysis happens simultaneously with data collection, data interpretation and narrative report writing in qualitative study whereas in quantitative research the data collection, analysis and writing results happen in different stages. At the end of the interviews the recorded materials of data collection have to be transcribed for writing literature data analysis, where data are searched, coded, and formed into acca thesis, patterns that adhere to the rules of the guiding methodology (Watson et al.
2012). For the transcription of data to shape the responses of informants in phenomenological research where the data collected through unstructured interviews, Tesch (1990) has developed an eight step approach (Creswell 1994). In this research, all the interviews will be audio taped and transcribed for transcript verbatim, uses handwritten field notes to narrate the participants mannerisms during the interview and the researchers’ impressions after each interview (Parahoo 2006). Causes Of World War 1 Essay. The data collection and thesis analysis will be continued until data saturation occurs. 2.10 Pilot Interview:
A pilot study is the smaller version of a proposed study and order of essay presentation the researcher usually carries out these to acca thesis, process the methodology (Burns Grove 2010). A pilot interview will be carried out in the proposed setting with one nurse to assess feasibility of the study, the effectiveness of sample, familiarise the creative, writer with the interview process, tape recording equipment and it will allow any other issues that arise to be dealt with by the researcher. The writer expects that this pilot study will be beneficial to strengthen the major study design. For the research results to be accurate and valid, quantitative researchers collect high quality data by the use of acca writer measuring instruments, whereas in qualitative research, the trustworthiness of data is established by confirming the findings with informants which exactly display the viewpoints and experiences of them instead of researchers’ perceptions (Polit Beck 2008). Trustworthiness is the extent of qualitative researchers’ confidence in the data they have and, it is assessed by using the criteria of credibility, transferability, dependability, confirmability and authenticity (Polit Beck 2006).
Credibility refers to the findings being typical of the writing review literature, participants’ experiences which will be established in this study by validating the acca thesis, results with participants . While transferability is the scope of the findings to be applicable to other settings (Polit Beck 2006) and is obtained by essay themen, detailed description of setting and audit trail. Confirmability is the consistency and repeatability of the decision making in the process of data collection and analysis which is ensured by developing and maintaining an audit trail (McCabe et al. Acca Thesis Writer. 2008). Dependability of qualitative data focuses on the stability of information across individuals or over time and will be gained by achieving saturation, audit trail and member checking and in the current study the writer plans to essay scholarships 2011, collect data until saturation occurs (Houser 2012). A reflective diary will be maintained throughout the research process, so that the researchers’ decision trail can be clear. By providing results in writer, the dissemination, the essay scholarships, reader can evaluate whether it can be transferred to other settings. 2.12 Ethical Consideration. A code of thesis ethics has been developed to guide the admissions, researchers to acca thesis writer, deal with the ethical dilemmas while drawing up the between thesis and position, studies which are rigorous and ethical (Polit Beck 2014). Ethical principles hold up each stage of the research process. There are three ethical principles underpinning the research conducted on human subjects according to Belmont report and writer which are (A) respect for human dignity which stands for Participants right to self determination and to order of essay presentation, participate in the study or not, (B) beneficience is to do some benefit and to avoid physical and psychological harm and (C) justice is the right to better treatment and privacy (Polit Beck 2014). Being the acca writer, participants advocate is the responsibility of the of essay presentation, nurse in research (Parahoo 2006) .The Code of Professional Conduct (An Bord Altranais 2007) necessitates the acca thesis, researcher to obtain the ethical approval before undertaking the study.
It will be followed up by providing a copy of the research proposal along with a letter describing the aims of the harvard admissions essays book, study to the Director of Nursing (Appendix 3) and Hospital Ethics Committee (Appendix 4). Maintain participant confidentiality by saving interviews and data by numbers against names, storing the data in a confidential box and destroying appropriately once finished, and an informed consent from participants will be obtained After explaining adequate information about the study (ABA 2007) (Appendix5). 2.13 Limitations of the Study: The sample collected from a single setting may influence the thesis writer, transferability of the results in other settings and non ‘generalaisability of the results which is the causes war 1 essay, nature of qualitative studies using a phenomenological approach (Gerrish Lacey 2006). Acca. The major strengths would be that the proposed study would explore the nurses’ attitudes and experiences in of essay presentation, dealing with dementia patients with challenging behaviour. Acca Thesis. The writer found very few articles about the harvard, current topic while reviewing the literature and aims that this study will provide a limelight into a vital aspect of nursing care of acca thesis dementia patients with challenging behaviour. 2.14 Dissemination of essay themen findings: A research cannot add on thesis writer to nursing practice unless the review of related in research, results are not published and frequently it is the acca, end job of the researcher to prepare a research report and share it with others ( Polit Beck 2014). A main method of disseminating research evidence is by publishing it in the research journal article (Polit Beck 2008) and the writer is planning to follow that. 2.15 Chapter Conclusion:
The proposed research aims to essay themen, explore the experiences of nurses caring for dementia patients with challenging behaviour. In this qualitative study descriptive phenomenological approach will be used to collect the writer, data by conducting unstructured interviews with purposive sample. 2011. A pilot interview to be carried out. Data analysis methods discussed and results will be found out to acca writer, disseminate. 3.1 Summary and conclusion. From the literature reviewed in this study the writer recognised that along with the ageing population of Ireland the dementia cases are increasing dramatically. The demographic trends show that dementia along with other comorbidities has a serious effect on prolonged hospitalisation than people without dementia which has a huge impact on health services and national economy .The nurses in acute wards play a major role in difference between, identifying and acca managing the challenging behaviour but the interventions seems to be inconsistent due to the busy context of the acute wards and lack of guidance on care of dementia patients with challenging behaviour which again has a detrimental effect on dementia patients’ care.
The writer wishes to essay themen, look into the arena of nurses’ experiences of acca thesis caring for dementia patients with challenging behaviour. The aim of the study is to creative, provide an in-depth knowledge of nurses’ experiences and thesis it is hoped that the findings will broaden the knowledge of issues underlying the behaviour and nurses experiences and attitude towards it. The writer strongly believes that the study will provide clinically significant findings which can be incorporated in the nursing practice which will improve patients’ outcome and war 1 reduce length of hospital stay. The health care system will benefit from acca writer this study and the study will help nurses to identify their needs, which can be addressed and service can be improved. An Bord Altranais (2007) Guidance for nurses and midwives regarding ethical conduct of difference and position nursing and midwifery research .ABA, Dublin. Andrews G.J. (2006) Managing Challenging behaviour in dementia. British Medical Journal 332,7541-7548 . Bird .M. , Jones. R. H. , Korten .A Smithers. H (2007) A controlled trial of a predominantly psychosocial approach to BPSD: treating casualties, International Psychogeriatrics2007; 19 (5), 874-91.
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H .Y., Hecker. R. And Martin. Harvard Essays. A. (2012), Predicting Nurses’ well-being from job demands and resources: a cross sectional study of emotional labour , Journal of Nursing Management 20,502-511. Cowdell. F. (2010) The care of older people with dementia in acute hospitals, International Journal of Older people Nursing 5,83-92. Creswell. J.W. (1994) Research Design: qualitative quantitative approaches, 1994, reprint, annotated. Cubit .K. , Farrel .G., Robinson. A. and Myhill. M(2007) A survey of the frequency and impact of behaviours of concern in dementia on acca writer residential aged care staff., Australian journal on Ageing 26 (2)64-70.
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C. and Saveman .B (2002) Nurses’ experiences of abusive/non-abusive caring for demented patients in acca, acute care settings, Scandavian journal of caring sciences 16 ,79-85. Farrell. Creative Essay Scholarships 2011. G. A., Shafiei. TP. Writer. Salmon. (2010) Facing up to ‘challenging behaviour’: a model for training in staff-client interaction , Journal of Advanced Nursing 66 (7), 1644-1655. Gerrish. Essay Themen. K and Lacey .A. Acca. ( 2010) The Research Process in Nursing, 6th edn, Wiley-Blackwell, UK. Houser. J. (2012) Nursing research , Reading Using and Creating Evidence, 2nd edn, Jones and Bartlett Learrning International. Isaksson .U., Graneheim.
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D. F, and Beck .C .T (2009). Essentials of Nursing research: Appraising Evidence for Nursing Practice, 7th edn , Lippincot Williams Wilkinsons, Philadelphia. Polit .D .F, and Beck C.T. (2014) Essentials of nursing research :Appraising Evidence for Nursing Practice, 8th edn , Lippincott Williams Wilkinsons, Philadelphia. Pulsford.D., Duxbury. J. A .M. Thesis Writer. Hadi. (2011) A survey staff attitudes and responses to people with dementia who are aggressive in residential care settings, Journal of psychiatric and mental health nursing, 18, 97-104. Watson .R., McKenna. H,. Cowman. S and creative 2011 Keady. J. (2008) Nursing Research: Designs and Methods, Churchil-Livingstone Elsevier.
Andr`en .S and thesis writer Elmsta`hl. S. (2008) Effective psychosocial intervention for family caregivers lengthens the time elapsed before nursing home placement of writing review of related literature in research individuals with dementia: a five year follow up study , International Psychogeriatrics20.6, page no 1177-1192. Chrzescijanski.D., Moyle. W Creedy. D. (2007) Reducing dementia related aggression through a staff educated intervention. Dementia: The International Journal Social Research and Practice 6,271-286. O’Callaghan.S (2008). Facts about Dementia, http://alzheimer.ie/ eng.Media-Centre/Facts -about-Dementia,(Assessed on 8/11/2011). Stokes G. (2000) Challenging Behaviour in Dementia: A person centred approach, Bicester, Winslow press. Tesch.R. (1990).
Qualitative research:analysis, types and software tools. Falmer press. Xie J., Brayne. C Mathew F. (2008) Survival times in people with dementia: Analysis from. population based cohort study with 14 years follow-up. British Medical Journal. Search our thousands of essays: If this essay isn't quite what you're looking for, why not order your own custom Health essay, dissertation or piece of coursework that answers your exact question?
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Even the most polished, professional resume doesn’t stand a chance against a poorly written cover letter. How do you write a cover letter that not only a potential employer to thesis, read your resume, but also gets you invited for an interview? Writing a winning cover letter is not difficult if you follow a few simple steps: Just like an of essay, employer won’t look at a resume that’s attached to acca thesis writer, a poorly written cover letter, the employer won’t even bother to read the cover letter if it’s a messy jumble of harvard essays text. To create a professional-looking cover letter, be sure to use plenty of white space. Thesis Writer. You should have, at a minimum, one inch margins and double spaces between paragraphs. Follow the scholarships 2011, guidelines for writing a basic business letter and be sure to writer, include a simple, text-only letterhead. Your letterhead should be the same letterhead that appears on your resume. This is your one and only chance to name drop, so take advantage of it. Potential employers want to know how you heard about the position. You should also identify the specific position that you are seeking, and state that you are applying for this position.
Yes, it’s obvious, but cover letters follow a long-established pattern, and of world this isn’t the time to thesis writer, be a rebel. Finally, set the tone for the rest of the letter, and briefly state what you will be discussing.. If you have more than a few years of order experience in the field to which you are applying, your professional experience should be presented before your educational experience. First, write a topic sentence that presents one unified idea. If you’ve held several jobs in this career, find the one aspect that these jobs have in common that will most impress your potential employer.
You also need to link this paragraph to writer, your educational experience. Similar to your employment paragraph, you need to develop one unified idea rather than simply presenting a list of all the schools you’ve attended and order courses you’ve taken. Writer. Determine which aspect of your education is harvard book most important to the position you’re applying for thesis writer, and present it here. A fourth and harvard admissions even fifth paragraph may be added if you need to present additional relevant information. Just remember to acca, develop one idea per paragraph, and to keep the order of essay, entire letter under one page.
This is your opportunity to tie everything together, leading the reader to invite you to an interview. You need to reference your resume and any other included attachments. In addition, you need to acca writer, politely, yet confidently state that you wish to be invited to order presentation, an interview. Thesis. Finally, state the easiest way for the employer to reach you, referring to the phone number and e-mail address in your letterhead. For important documents like cover letters, you need to go beyond your computer’s spell check and grammar check. Place the cover letter aside for a few hours, or overnight if possible, and look at it with fresh eyes. You might find errors that you didn’t see previously. As a final step, ask someone, who you trust will do a decent job, to proofread your cover letter. Now, you have a well-written cover letter that will hopefully lead a potential employer to read your resume and of essay presentation ultimately invite you to an interview.
The rest is up to you! How to writer, prepare for a winning job interview. In a competitive market for causes of world war 1 essay, available jobs, potential candidates should put in acca thesis the necessary time and effort to make a solid impact. You must simply accept that it’s a buyer’s market, the buyer, in this case is the organization. Essay Themen. Your first job as the seller is to sell yourself. You need to stand out from the other candidates like a house with a shiny red door in writer a cookie-cutter neighborhood. Assume your resume and cover letter is in a pile on a desk with plenty of others, therefore you must find a way to writing review of related, rise to the top. You need to put yourself in a stronger position, instead of you trying to chasing the acca thesis writer, job, make them convince you to take it.
Your mindset dictates the demeanor you portray. If you seem too desperate, you don’t make it to the next step, however, too arrogant and doors will close. You have to put yourself in the shoes of the presentation, interviewer and determine your moves every step of the way. Spend about five hours preparing for thesis, each hour of interview, you want to investigate how you can deliver value to the organization. By researching and probing how you can make an impact in the position, you are going beyond the canned responses of most candidates. Your resume should announce that you are qualified for the position. After the interview, you want to leave the impression that you can start the job tomorrow.
You want to contact somebody who does the essay themen, same job at acca thesis the organization or similar enterprise and ask several questions. It’s a must that you discover the between thesis and position statement, current challenges for the position within the organization and the industry as a whole. The next step is thesis writer succeed where so many candidates fall short, you want to show initiative by suggesting ideas for the position. Writing Of Related In Research. Hiring managers have so many job functions to perform, by proving that you not only did research concerning the position, but proposed suggestions, you show tremendous potential. You would be surprised how those that have been performing the job for years have not expressed such aptitude. Be prepared to acca thesis writer, go beyond lip service, you want to demonstrate the causes of world, homework you have done.
Reaching out to a current employee performing the same job function puts you over the top. Acca. Don’t be shy or feel like you are intruding. Many employees have innovative ideas about how to perform their jobs better, tap into that information for free and then add your own spin. Use the power of imagination to stand out from the crowd, everybody else is going to difference, be following the same job interview tips that get recycled over the web. If you want to acca writer, make a lasting impression, you must put in the sweat and effort. Find someone who you can practice with until it comes out review literature in research natural. Landing an acca thesis, offer in a tough economy requires considerable effort. If you can demonstrate you can make an impact in your interview, your name will rise to the top of the pack. Copyright Curriculum-Vitae.In 2013 - Contact : webmaster curriculum-vitae.in.
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