Journal articles: 'Competency to stand trial – United States' – Grafiati (2024)

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Relevant bibliographies by topics / Competency to stand trial – United States / Journal articles

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Author: Grafiati

Published: 4 June 2021

Last updated: 8 February 2022

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1

Beltrani, Amanda, and PatriciaA.Zapf. "Competence to stand trial and criminalization: an overview of the research." CNS Spectrums 25, no.2 (November20, 2019): 161–72. http://dx.doi.org/10.1017/s1092852919001597.

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Beginning in the 1960s, a steady decline in the number of inpatient psychiatric beds has occurred across the United States, primarily as a result of stricter civil commitment criteria and a societal movement toward deinstitutionalization. Concomitant with this decrease in psychiatric beds has been a steady increase in the number of mentally ill individuals who are arrested and processed through the criminal justice system as defendants. One consequence of this has been an explosion in the number of defendants referred for evaluations of their present mental state—adjudicative competence—and subsequently found incompetent and ordered to complete a period of competency restoration. This has resulted in forensic mental health systems that are overwhelmed by the demand for services and that are unable to meet the needs of these defendants in a timely manner. In many states, lawsuits have been brought by defendants who have had their liberties restricted as a result of lengthy confinements in jail awaiting forensic services. The stress on state-wide forensic systems has become so widespread that this has reached the level of a near-national crisis. Many states and national organizations are currently attempting to study these issues and develop creative strategies for relieving this overburdening of forensic mental health systems nationwide. The purpose of this article is to review the current state of the research on competence to stand trial and to highlight those issues that might be relevant to the issue of criminalization of individuals with mental illness in the United States.

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2

Kirkorsky,ScottE., Mary Gable, and Katherine Warburton. "An overview of jail-based competency restoration." CNS Spectrums 25, no.5 (December19, 2019): 624–29. http://dx.doi.org/10.1017/s1092852919001731.

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Forensic populations in the United States are increasing, driven largely by a rise in individuals determined to be Incompetent to Stand Trial (IST). Across most states, including California, the number of mentally ill inmates awaiting competency restoration has increased dramatically in recent years. Traditionally, competency restoration has taken place in state hospitals, but incompetent inmates often experience a significant wait for state hospital beds because of the rising demand for beds in such facilities. The resulting waitlists, which range from days to months, have led to states being held in contempt of court for violating limits placed on how long incompetent defendants can be held in jail. Therefore, alternatives to state hospitalization for IST patients have been developed, including jail-based competency (JBCT) restoration programs. JBCT programs provide restoration services in county jails, rather than in psychiatric hospitals. The following article will review the nature of JBCT programs and will emphasize the structure and evolution of such programs within California.

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3

Warburton, Katherine, BarbaraE.McDermott, Anthony Gale, and StephenM.Stahl. "A survey of national trends in psychiatric patients found incompetent to stand trial: reasons for the reinstitutionalization of people with serious mental illness in the United States." CNS Spectrums 25, no.2 (January9, 2020): 245–51. http://dx.doi.org/10.1017/s1092852919001585.

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Objective.Recent information indicates that the number of forensic patients in state hospitals has been increasing, largely driven by an increase in patients referred to state hospitals as incompetent to stand trial (IST). This survey was intended to broaden the understanding of IST population trends on a national level.Methods.The authors developed a 30-question survey to gather specific information on IST commitments in each state and the District of Columbia. The survey was administered to all 50 states and the District of Columbia via email. Specific individuals identified as primary administrators responsible for the care and evaluation of IST admissions in each state were contacted.Results.A total of 50 out of the 51 jurisdictions contacted completed the survey. Fully 82% of states indicated that referrals for competency evaluation were increasing. Additionally, 78% of respondents thought referrals for competency restoration were increasing. When asked to rank factors that led to an increase, the highest ranked response was inadequate general mental health services in the community. Inadequate crisis services were the second ranked reason. Inadequate number of inpatient psychiatric beds in the community was the third highest, with inadequate assertive community treatment services ranking fourth.Conclusions.Understanding the national trend and causes behind the recent surge in referrals for IST admissions will benefit states searching for ways to remedy this crisis. Our survey indicates most states are facing this issue, and that it is largely related to insufficient services in the community.

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Gowensmith,W.Neil, DebraA.Pinals, and AlexandraC.Karas. "States’ Standards for Training and Certifying Evaluators of Competency to Stand Trial." Journal of Forensic Psychology Practice 15, no.4 (August4, 2015): 295–317. http://dx.doi.org/10.1080/15228932.2015.1046798.

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Robbins,E., J.Waters, and P.Herbert. "Competency to stand trial evaluations: a study of actual practice in two states." Journal of Clinical Forensic Medicine 5, no.3 (September 1998): 153–54. http://dx.doi.org/10.1016/s1353-1131(98)90042-6.

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Gowensmith,W.Neil, and KevinP.Robinson. "Fitness to stand trial evaluation challenges in the United States: Some comparisons with South Africa." South African Journal of Psychology 47, no.2 (October13, 2016): 148–58. http://dx.doi.org/10.1177/0081246316673523.

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Like the Republic of South Africa, the United States faces serious challenges regarding fitness to stand trial evaluations, including long waitlists for individuals awaiting such evaluations. Some similarities exist between the RSA and US evaluation systems, including an increasing number of referrals for fitness to stand trial evaluations, limited evaluator resources, and concerns about the significant restrictions on civil liberties for those awaiting evaluation. Recently, the United States has implemented several different solutions to address these issues. These have included broadening the eligibility requirements for fitness to stand trial evaluators, utilizing localized and short-term settings for fitness to stand trial evaluations, and a host of other ideas. This article examines these different solutions, discusses their relevance and potential effectiveness for the RSA evaluation system, and makes recommendations for consideration by policy makers and mental health professionals.

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Riddle, Kristie, and Lindsay Domiano. "Does teaching methodology affect medication dosage calculation skills of undergraduate nursing students?" Journal of Nursing Education and Practice 10, no.3 (November25, 2019): 36. http://dx.doi.org/10.5430/jnep.v10n3p36.

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One of the most critical functions of a nurse is the safe administration of medications. To ensure patient safety, nurses must be competent in medication dosage calculation (MDC) skills. It is imperative that nursing educators discover the most effective teaching methodology to ensure the greatest level of competency in MDC skills. The purpose of this causal-comparative quantitative study was to compare the effects of two teaching methodologies on senior-level nursing students’ completion of program MDC requirements, mathematics self-efficacy, and MDC competency at program end. The sample consisted of 94 senior-level bachelor’s degree nursing students from a southeastern United States university in the spring of 2015. Each participant completed a demographic questionnaire, Mathematics Self-Efficacy Scale (MSES), and MDC competency exam. Participants were assigned to one of two groups based on whether the participants completed MDC education in a stand-alone course or throughout the curriculum through self-learning modules. Chi-square and independent t-test results indicated that there were no statistical differences between the two groups (stand-alone course vs. self-learning modules) and ability to complete program MDC requirements, MSES scores, and MDC competency exam scores at program end. Data analysis using Chi-square and Fisher’s Exact tests indicated a statistically significant, but weak, correlation between MSES scores and MDC competency exam scores. Findings from this study indicate teaching MDC to nursing students using a stand-alone course versus self-learning modules produces the same results in the students’ ability to complete program MDC requirements, mathematics self-efficacy, and MDC competency at program end.

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Abrams,LauraS., ElizabethS.Barnert, MatthewL.Mizel, Antoinette Bedros, Erica Webster, and Isaac Bryan. "When Is a Child Too Young for Juvenile Court? A Comparative Case Study of State Law and Implementation in Six Major Metropolitan Areas." Crime & Delinquency 66, no.2 (April9, 2019): 219–49. http://dx.doi.org/10.1177/0011128719839356.

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There is a dearth of knowledge concerning statutes and practices designed to protect younger children from formal juvenile court petitions. This case study examines minimum age laws and related statutes in the six largest U.S. states and explores implementation of these policies and practices in major metropolitan areas within these states. The primary study methods included legal analysis and stakeholder interviews. Legal analysis identified diverse minimum age laws across states and complex statutes related to children’s capacity to stand trial and competency. Stakeholders across the six cases agreed that the state should protect young children from formal delinquency petitions when possible. Discretionary statutes and practices appeared to play a key yet inconsistent role in excluding younger children from juvenile court.

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Carlson,ColleenA., HaroldE.Burkhart, H.LeeAllen, and ThomasR.Fox. "Absolute and relative changes in tree growth rates and changes to the stand diameter distribution of Pinus taeda as a result of midrotation fertilizer applications." Canadian Journal of Forest Research 38, no.7 (July 2008): 2063–71. http://dx.doi.org/10.1139/x08-050.

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Silvicultural treatments have the potential to change the diameter distribution of a stand, which can alter the final product mix of the stand. Growth and yield models need to account for these changes in the diameter distribution to assess the economic viability of the silvicultural operations. We investigated how the diameter distribution of Pinus taeda L. stands changes as a result of midrotation fertilization. Data from 43 installations of a nitrogen and phosphorus midrotation fertilizer trial series established in the southeastern United States were used in the study. The results indicated that both the absolute growth response and the relative growth response of individual trees were greater among the larger trees. A three-parameter Weibull distribution fitted at each study site was used to investigate how the parameters of the distribution changed with time and treatment. The location and scale parameters of the Weibull distribution were both affected by fertilization. Stand variables, such as site index, age, stand density, and mean diameter at time of fertilization, also affected the location and scale parameters. The shape parameter was not affected by any of the treatments in this study.

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Hornung, Carlton, Carolyn Thomas Jones, Terri Hinkley, Vicki Ellingrod, and Nancy Calvin-Naylor. "2069." Journal of Clinical and Translational Science 1, S1 (September 2017): 43–44. http://dx.doi.org/10.1017/cts.2017.158.

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OBJECTIVES/SPECIFIC AIMS: Clinical research in the 21st century will require a well-trained workforce to insure that research protocols yield valid and reliable results. Several organizations have developed lists of core competencies for clinical trial coordinators, administrators, monitors, data management/informaticians, regulatory affairs personnel, and others. While the Clinical Research Appraisal Inventory assesses the self-confidence of physician scientists to be clinical investigators, no such index exists to assess the competence of clinical research professionals who coordinate, monitor, and administer clinical trials. We developed the Competency Index for Clinical Research Professionals (CICRP) as a general index of competency (ie, GCPs) as well as sub-scales to assess competency in the specific domains of Medicines Development; Ethics and Participant Safety; Data Management; and Research Methods. METHODS/STUDY POPULATION: We analyzed data collected by the Joint Task Force on the Harmonization of Core Competencies from a survey of research professionals working in the United States and Canada. Respondents reported how competent they believed themselves to be on 51 clinical research core competencies. Factor analyzes identified 20 core competencies that defined a Competency Index for Clinical Research Professionals—General (CICRP-General, ie, GCPs) and 4 subindices that define specialized research functions: Medicines Development; Ethics and Participant Safety; Data Management; and Research Concepts. RESULTS/ANTICIPATED RESULTS: Factor analysis identified 20 core competencies that defined a Competency Index for Clinical Research Professionals—General (CICRP-General, ie, GCPs) and 4 subindices that define specialized research functions: Medicines Development; Ethics and Participant Safety; Data Management; and Research Concepts. DISCUSSION/SIGNIFICANCE OF IMPACT: These indices can be used to gage an individual’s readiness to perform general as well as more advanced research functions; to assess the education and training needs of research workers; and to evaluate the impact of education and training programs on the competency of research coordinators, monitors, and other clinical research team members.

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Lillich,RichardB. "The Soering Case." American Journal of International Law 85, no.1 (January 1991): 128–49. http://dx.doi.org/10.1017/s0002930000011398.

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The unanimous judgment of the European Court of Human Rights in the Soering case, handed down on July 7, 1989, holds that Great Britain’s extradition of the applicant to the United States to stand trial for capital murder, an offense punishable under the applicable Virginia law by “death, or imprisonment for life,” would violate the prohibition against “inhuman or degrading treatment or punishment” in the European Convention on Human Rights. Aside from its effect on the future ability of the United States (and many other countries) to obtain the extradition from Council of Europe countries of persons charged with offenses carrying the death penalty, the judgment in Soering has implications of a far wider nature for international criminal law, the law of state responsibility, the jurisprudence of the European Convention, and international human rights law in general. Some of these implications are obvious and immediate; others are more speculative and long range. Like the proverbial pebble thrown in the pond, Soering will cause ripples for some time to come.

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Yakubovich,AlexaR., Michelle Degli Esposti, BrittanyC.L.Lange, G.J.Melendez-Torres, Alpa Parmar, DouglasJ.Wiebe, and DavidK.Humphreys. "Effects of Laws Expanding Civilian Rights to Use Deadly Force in Self-Defense on Violence and Crime: A Systematic Review." American Journal of Public Health 111, no.4 (April 2021): e1-e14. http://dx.doi.org/10.2105/ajph.2020.306101.

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Background. Since 2005, most US states have expanded civilian rights to use deadly force in self-defense outside the home. In most cases, legislation has included removing the duty to retreat anywhere one may legally be, commonly known as stand-your-ground laws. The extent to which these laws affect public health and safety is widely debated in public and policy discourse. Objectives. To synthesize the available evidence on the impacts and social inequities associated with changing civilian rights to use deadly force in self-defense on violence, injury, crime, and firearm-related outcomes. Search Methods. We searched MEDLINE, Embase, PsycINFO, Scopus, Web of Science, Sociological Abstracts, National Criminal Justice Reference Service Abstracts, Education Resources Information Center, International Bibliography of the Social Sciences, ProQuest Dissertations and Theses, Google Scholar, National Bureau of Economic Research working papers, and SocArXiv; harvested references of included studies; and consulted with experts to identify studies until April 2020. Selection Criteria. Eligible studies quantitatively estimated the association between laws that expanded or restricted the right to use deadly force in self-defense and population or subgroup outcomes among civilians with a comparator. Data Collection and Analysis. Two reviewers extracted study data using a common form. We assessed study quality using the Risk of Bias in Nonrandomized Studies of Interventions tools adapted for (controlled) before–after studies. To account for data dependencies, we conducted graphical syntheses (forest plots and harvest plots) to summarize the evidence on impacts and inequities associated with changing self-defense laws. Main Results. We identified 25 studies that estimated population-level impacts of laws expanding civilian rights to use deadly force in self-defense, all of which focused on stand-your-ground or other expansions to self-defense laws in the United States. Studies were scored as having serious or critical risk of bias attributable to confounding. Risk of bias was low across most other domains (i.e., selection, missing data, outcome, and reporting biases). Stand-your-ground laws were associated with no change to small increases in violent crime (total and firearm homicide, aggravated assault, robbery) on average across states. Florida-based studies showed robust increases (24% to 45%) in firearm and total homicide while self-defense claims under stand-your-ground law were more often denied when victims were White, especially when claimants were racial minorities. Author’s Conclusions. The existing evidence contradicts claims that expanding self-defense laws deters violent crime across the United States. In at least some contexts, including Florida, stand-your-ground laws are associated with increases in violence, and there are racial inequities in the application of these laws. Public Health Implications. In some US states, most notably Florida, stand-your-ground laws may have harmed public health and safety and exacerbated social inequities. Our findings highlight the need for scientific evidence on both population and equity impacts of self-defense laws to guide legislative action that promotes public health and safety for all. Trial Registration. Open Science Framework ( https://osf.io/uz68e ).

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Puddister, Kate, and TamaraA.Small. "Trial by Zoom? The Response to COVID-19 by Canada's Courts." Canadian Journal of Political Science 53, no.2 (May19, 2020): 373–77. http://dx.doi.org/10.1017/s0008423920000505.

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COVID-19 has made videoconferencing a regular occurrence in the lives of Canadians. Videoconferencing is being used to maintain social ties, run business meetings—and to uphold responsible government. On April 28, 2020, Members of the House of Commons sat virtually using Zoom. The virtual sitting was the first of what will become a stand-in for regular proceedings, allowing the Members to fulfill some of their parliamentary duties while complying with physical distancing (see Malloy, 2020). As the legislative and executive branches look to digital technology to allow the business of government to continue, what about the judicial branch of Canada's government? Courts are an essential service. This is best articulated by the Chief Justice of Nova Scotia: “The fact is, the Courts cannot close. As the third branch of government, an independent judiciary is vital for our Canadian democracy to function. It is never more important than in times of crisis” (Wood, 2020). In this analysis, we seek to understand how courts have responded to COVID-19 and the challenges of physical distancing through the use of digital technologies. This is accomplished through a systematic review of COVID-19 statements and directives issued from all levels of court across Canada. We briefly compare Canada to the United States, a jurisdiction that demonstrates greater openness to technology.

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14

Scott,MD,LancerA., P.TimMaddux,BS, Jennifer Schnellmann, PhD, ELS, Lauren Hayes, BS, Jessica Tolley, BS, and AmyE.Wahlquist,MS. "High-fidelity multiactor emergency preparedness training for patient care providers." American Journal of Disaster Medicine 7, no.3 (July1, 2012): 175–88. http://dx.doi.org/10.5055/ajdm.2012.0093.

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Background: Providing comprehensive emergency preparedness training (EPT) for patient care providers is important to the future success of emergency preparedness operations in the United States. Disasters are rare, complex events involving many patients and environmental factors that are difficult to reproduce in a training environment. Few EPT programs possess both competency-driven goals and metrics to measure life-saving performance during a multiactor simulated disaster.Methods: The development of an EPT curriculum for patient care providers—provided first to medical students, then to a group of experienced disaster medical providers—that recreates a simulated clinical disaster using a combination of up to 15 live actors and six high-fidelity human simulators is described. Specifically, the authors detail the Center for Health Professional Training and Emergency Response’s (CHPTER’s) 1-day clinical EPT course including its organization, core competency development, medical student self-evaluation, and course assessment.Results: Two 1-day courses hosted by CHPTER were conducted in a university simulation center. Students who completed the course improved their overall knowledge and comfort level with EPT skills.Conclusions: The authors believe this is the first published description of a curriculum method that combines high-fidelity, multiactor scenarios to measure the life-saving performance of patient care providers utilizing a clinical disaster scenario with 10 patients at once. A larger scale study, or preferably a multicenter trial, is needed to further study the impact of this curriculum and its potential to protect provider and patient lives.

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Paust,JordanJ. "Suing Karadžić." Leiden Journal of International Law 10, no.1 (March 1997): 91–98. http://dx.doi.org/10.1017/s0922156597000071.

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On 17 June 1996, the United States Supreme Court denied a petition for certiorari submitted by counsel for Radovan Karadžić, the infamous Bosnian-Serb leader indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) for various international crimes. Thus, the Court let the decision of the US Court of Appeals for the Second Circuit in the companion cases of Kadić v. Karadžić and Doe I and Doe II v. Karadžić, stand. The latter was a set of cases brought by Croat and Muslim citizens of Bosnia-Herzegovina in the US courts against Radovan Karadžić after he was duly served process while in New York. The cases will now proceed, however slowly, with a trial on the merits, addressing the plaintiffs' claims concerning Karadžić's responsibility for acts of genocide; war crimes; torture; summary execution; related crimes against humanity; acts of rape; forced prostitution; forced impregnation; other cruel, inhumane, and degrading treatment; assault and battery; sexual and ethnic inequality; and wrongful death. As remedies, the plaintiffs seek compensatory and punitive damages, attorney fees and, in one instance, injunctive relief.

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García López, Angélica Janneire, Karla Salinas Ríos, and Luz Adriana Orozco Ramírez. "Bibliometric analysis of psychological interventions with a randomized controlled trial in parents of children with disabilities from 1980 to 2019." Journal of Basic and Applied Psychology Research 2, no.3 (July5, 2020): 13–22. http://dx.doi.org/10.29057/jbapr.v2i3.6024.

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Children born with a specific disability require primary caregivers who are trained to care for and enhance their abilities. The present study is a bibliometric analysis of the publications of psychological interventions with a randomized controlled trial (RCT) that have been realized in parents of children with disabilities in the period from 1980 to 2019. As part of the search strategy, the Cochrane Library, Pubmed and Elsevier databases were used, making different combinations with the keywords "children with disabilities", "parents", "intervention" and "randomized controlled trial”. The outcomes obtained reflect that 2015 was the year with the highest scientific activity in this field, being the Research in Developmental Disabilities journal the most prominent and the Cochrane Library database the one who concentrates the largest number of articles. In addition, the investigations have been realized in Anglo-Saxon countries such as Canada and United States, with an inclination towards the build-up of articles individually and focused on disabilities such as Down Syndrome and Autism Spectrum Disorder. Regarding the characteristics of these interventions, it can be summarized that their format is group with an approximate duration of 2 hours per session, being the cognitive-behavioral approach and the behavioral control techniques the ones that stand out the most. Finally, the variable that has been more worked is effective communication and the most used statistical test to measure the effects of interventions is MANOVA.

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Oxman,BernardH., and Annalisa Ciampi. "NATO Status of Forces Agreement—primary right to exercise jurisdiction—offenses committed in performance of official duty—judicial review of characterization of such offenses—double jeopardy." American Journal of International Law 93, no.1 (January 1999): 219–24. http://dx.doi.org/10.2307/2997966.

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Public Prosecutor v. Ashby. Judgment No. 161/98.Court of Trento, Italy, July 13, 1998.On February 3, 1998, a U.S. Marine EA-6B aircraft, redeployed at Aviano air base as part of Operation Deliberate Guard in support of the multinational Stabilization Force (SFOR) in Bosnia, was on a low-level training mission over northern Italy when it severed the wires of the cable car at the Cermis ski resort near Cavalese, causing the deaths of twenty people. Because the exercise of criminal action is mandatory under Article 112 of the Italian Constitution, the public prosecutor decided that he had to institute preliminary investigations immediately, with a view to determining whether to prosecute. On July 13, 1998, an Italian judge, in a preliminary hearing, rejected the prosecutor's request that seven U.S. servicemen stand trial for the cable-car accident. The judge found that, under Article VII, paragraph 3(a) (ii) of the NATO Status of Forces Agreement (NATO SOFA), the United States, as the sending state, had the primary right to exercise jurisdiction over the case and that jurisdiction had not been waived. Accordingly, the judge dismissed the case.

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Anderson,EricK., ThomasB.Voigt, GermánA.Bollero, and AaronG.Hager. "Miscanthus×giganteusResponse to Tillage and Glyphosate." Weed Technology 25, no.3 (September 2011): 356–62. http://dx.doi.org/10.1614/wt-d-10-00097.1.

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Miscanthus is a perennial, rhizomatous C4 grass grown in the European Union and studied in the United States as a bioenergy feedstock. U.S. farmers might be more willing to grow this perennial species if methods for its control were established. Experiments were conducted from 2007 to 2009 to evaluate methods to control miscanthus. As glyphosate rate increased from 0 to 3.6 kg ae ha−1in a greenhouse trial, miscanthus dry weight decreased. Aboveground biomass in the summer following treatments decreased 82, 77, and 95% with fall, spring, and fall followed by spring applications of glyphosate (1.7 kg ae ha−1), respectively, compared with nontreated plots in field experiments. Summer shoot count was reduced by 41% compared with the nontreated control with fall followed by spring glyphosate applications. A second field experiment demonstrated that spring tillage with one or two spring glyphosate applications (2.5 kg ae ha−1application−1) reduced aboveground dry biomass by 94 and 95%, respectively, and reduced miscanthus shoot number by 38 and 67%, respectively, in the same growing season. These experiments suggest that although glyphosate and tillage can reduce miscanthus biomass, complete control of a mature stand likely will require more than one growing season.

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Turkanova,V. "INTERNATIONAL AND EUROPEAN STANDARDS FOR OPENNESS AND TRANSPARENCY OF THE TRIAL AND THE ENFORCEMENT OF JUDICIAL DECISIONS (ON THE EXAMPLE OF THE LEGISLATION OF ENGLAND AND WELLS, THE USA AND THE EU)." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no.111 (2019): 67–74. http://dx.doi.org/10.17721/1728-2195/2019/4.111-13.

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The article reveals the legal nature of the principle of openness and transparency of a trial and the enforcement of judgments as an integral part of the concept of a person's right to a fair trial. The purpose of our study is to find out the main approaches to the openness and transparency of the enforcement of judgments in the light of international and European standards, such as the laws of England and Wales, the US and EU law. For our comparative study, the United States Federal Rules of Civil Procedure and Civil Procedure Rules of England and Wales have been selected in view of the need to study the world's best practices. The European legislation governing the provisions of the European Enforcement Order and the European Order for Payment and European Small Claims Procedure, are among the objects of our study. Provisions on common minimum stand- ards for civil procedure in the EU, which are in the process of legislative implementation, are examined as examples of the standards of openness and transparency of justice and enforcement of judgments in the EU. They are also among the sources of our study on, transparency and openness in the administration of justice and the enforcement of judgments. In this article the terminological problems of translation of the terms "public hearing", "open court", "open trial" and others relative terms are analyzed in depth, based on their legal content and essence. As a result of the research, the concept of open enforcement of court decisions as an integral part of court proceedings is proposed to imple- ment, in particular, by introducing the institution of review of court decisions and other documents subject to publication in accordance with the procedure established by law, attorneys or agents affairs.

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Agley, Jon, Wasantha Jayawardene, Mikyoung Jun, DanielL.Agley, Ruth Gassman, Steve Sussman, Yunyu Xiao, and StephanieL.Dickinson. "Effects of the ACT OUT! Social Issue Theater Program on Social-Emotional Competence and Bullying in Youth and Adolescents: Protocol for a Cluster Randomized Controlled Trial." JMIR Research Protocols 9, no.4 (April13, 2020): e17900. http://dx.doi.org/10.2196/17900.

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Background Students in the United States spend a meaningful portion of their developmental lives in school. In recent years, researchers and educators have begun to focus explicitly on social and emotional learning (SEL) in the school setting. Initial evidence from meta-analyses suggests that curricula designed to promote SEL likely produce benefits in terms of social-emotional competence (SEC) and numerous related behavioral and affective outcomes. At the same time, there are often barriers to implementing such curricula as intended, and some researchers have questioned the strength of the evaluation data from SEL programs. As part of the effort to improve programming in SEL, this paper describes the protocol for a cluster randomized trial of the ACT OUT! Social Issue Theater program, a brief psychodramatic intervention to build SEC and reduce bullying behavior in students. Objective The objective of this trial is to examine if a short dose of interactive psychodrama can affect SEC metrics and bullying experiences in schoolchildren in either the short (2-week) or medium (6-month) term. Methods The ACT OUT! trial is a cluster randomized superiority trial with 2 parallel groups. The unit of measurement is the student, and the unit of randomization is the classroom. For each grade (fourth, seventh, and 10th), an even number of classrooms will be selected from each school—half will be assigned to the intervention arm and half will be assigned to the control arm. The intervention will consist of 3 moderated psychodramatic performances by trained actors, and the control condition will be the usual school day. Outcome data will be collected at baseline (preintervention), 2-week postintervention (short term), and 6-month postintervention (medium term). Outcomes will include social-emotional competency; self-reported bullying and experiences of being bullied; receptivity to the program; and school-level data on truancy, absenteeism, and referrals to school displinary action for bullying. A power analysis adjusted for clustering effect, design effect, and potential attrition yielded a need for approximately 1594 students, consisting of an estimated 80 classrooms split evenly into intervention and control arms. Results This study was funded in June 2019; approved by the Indiana University Institutional review board on September 17, 2019; began subject recruitment on November 5, 2019; and prospectively registered with ClinicalTrials.gov. Conclusions Many states have issued recommendations for the integration of SEL into schools. The proposed study uses a rigorous methodology to determine if the ACT OUT! psychodramatic intervention is a cost-effective means of bolstering SEC and reducing bullying incidence in schools. Trial Registration ClinicalTrials.gov NCT04097496; https://clinicaltrials.gov/ct2/show/NCT04097496 International Registered Report Identifier (IRRID) PRR1-10.2196/17900

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Sniezko,RichardA., Robert Danchok, DouglasP.Savin, Jun-Jun Liu, and Angelia Kegley. "Genetic resistance to white pine blister rust in limber pine (Pinus flexilis): major gene resistance in a northern population." Canadian Journal of Forest Research 46, no.9 (September 2016): 1173–78. http://dx.doi.org/10.1139/cjfr-2016-0128.

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Limber pine, Pinus flexilis E. James, a wide-ranging tree species in western North America, is highly susceptible to white pine blister rust (WPBR), caused by the non-native fungal pathogen Cronartium ribicola J.C. Fisch. The Canadian populations in particular have been heavily impacted, and in 2014, limber pine was designated endangered in Canada by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). Little is known about genetic resistance to WPBR in limber pine, but major gene resistance (MGR) has been characterized in some populations in the United States. This study examines resistance in seedling families from 13 parent trees from British Columbia, Alberta, and Oregon, representing the northern- and northwestern-most populations. Most families were susceptible, with 100% of the seedlings cankered, but one family from Alberta segregated 1:1 for cankered and canker free. This is the first report of (a) MGR in Canada of any of the four species of five-needle pines native to Canada and (b) any resistance in limber pine in Canadian populations and is the northernmost known incidence of putative R-gene resistance in a natural stand of any five-needle pine species. Many of the Canadian selections were from stands with high incidence of WPBR infection, and their high susceptibility in this trial suggests that further infection and mortality is likely in the Canadian populations.

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Guldin,JamesM., DonC.Bragg, and Andreas Zingg. "Plentern mit Kiefern – Ergebnisse aus den USA." Schweizerische Zeitschrift fur Forstwesen 168, no.2 (February1, 2017): 75–83. http://dx.doi.org/10.3188/szf.2017.0075.

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Plentering with pines – results from the United States Until now, scientifically reliable data on plentering of light-demanding tree species in Europe have been lacking. This gap is filled with long-term trials from the USA, among others with southern yellow pines. In the southern state of Arkansas, two plots of 16 hectares were installed in 1936, in the context of a large-scale trial of mixed loblolly pine (Pinus taeda L.) and shortleaf pine (Pinus echinata Miller) stands, in which plentering has been applied using single-tree harvest of predominantly sawtimber-sized trees (dbh >30 cm) with natural regeneration. The aim of the experiment is to investigate the possibilities and limits of uneven-aged silviculture with shade-intolerant tree species, and whether this can be applied in cutover southern yellow pine stands in order to improve the stand structure, to increase growth, and to make periodic harvests possible. The two plots were in different initial states – one more or less fully stocked, the other with poor initial stocking. Since 1936, 18 complete surveys have been conducted where all trees 10 cm and larger were tallied by diameter. During that same time period, 14 plenter harvests have been carried out using the Volume Control-Guiding Diameter Limit method in both plots. In order to check the variability of stand structure within the 16-hectare stands, each was subdivided into four quarters, and the diameter distributions were compared within each quarter. The uneven- aged structure was checked by a sample of tree-ring counts. Both stands retained continuous canopy cover throughout the observation period. The initial differences in the number of stems, the basal area, the standing volume, the proportion of sawtimber, the average basal area and the mean quadratic diameter dg became alike in the course of time, which shows the flexibility of plentering and the tendency to develop stands where the harvest of growth appears to be sustainable. The dg of the harvest was initially slightly more than 20 cm, but is today more than 50 cm. The average total growth is 6 m3/ha and year. The results show that these stands are uneven-aged stands in an advanced stage of the transformation to plentering. We suspect that in the absence of a major natural disturbance event, the plentering approach in southern yellow pines will continue to be promising in the future.

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Mitchell, Jason William, Ji-Young Lee, Yanyan Wu, PatrickS.Sullivan, and Rob Stephenson. "Feasibility and Acceptability of an Electronic Health HIV Prevention Toolkit Intervention With Concordant HIV-Negative, Same-Sex Male Couples on Sexual Agreement Outcomes: Pilot Randomized Controlled Trial." JMIR Formative Research 4, no.2 (February13, 2020): e16807. http://dx.doi.org/10.2196/16807.

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Background There is a need to develop innovative and accessible dyadic interventions that provide male couples with the behavioral skills to manage the risk of HIV transmission within their relationship. Objective We conducted a pilot randomized controlled trial (RCT) to assess the feasibility and acceptability of the electronic health (eHealth) HIV prevention toolkit intervention to encourage seroconcordant negative male couples in the United States to establish and adhere to a sexual agreement (SA). Methods Eligible, consented couples were randomly assigned to the intervention or education control and followed up for 6 months, with assessments occurring every 3 months after baseline. Acceptability items were assessed at both follow-up assessments. Descriptive and comparative statistics summarized cohort characteristics, relationship dynamics, and SA outcomes for the entire cohort and by trial arm. To examine the association between couples’ relationship dynamics and their establishment of an SA over time and by trial arm, multilevel logistic regression analyses were performed with a random intercept to account for correlations of repeated measurements of relationship dynamics at months 3 and 6; the odds ratio (OR) of establishment of an SA and the corresponding 95% confidence interval were then reported. Results Overall, 7959 individuals initiated screening. Reasons for individual ineligibility varied. An electronic algorithm was used to assess couple-level eligibility, which identified 1080 ineligible and 266 eligible dyads. Eligible couples (n=149) were enrolled in the pilot RCT: 68 received the intervention and 81 received the education control. Retention was 71.5% (213/298 partnered men) over the 6 months. Participants reported high acceptability of the intervention along with some areas for improvement. A significantly higher proportion of couples who received the intervention established an SA at 6 months compared with those who received the education control (32/43, 74% vs 27/50, 54%; P=.05). The OR of establishing an SA for couples in the intervention versus those in the control condition was greater than 2 when controlling for a number of different relationship dynamics. In addition, the odds of establishing an SA increased by 88% to 322% for each unit increase in a variety of averaged relationship dynamic scores; the opposite result was found for dynamics of stigma. Differences between trial arms for SA type and adherence were nonsignificant at each assessment. However, changes in these 2 SA aspects were noted over time. The average number of items couples included in their SA was 18, and about one-fourth to one-third of couples included HIV prevention items. Conclusions The findings demonstrate strong evidence for the acceptability and feasibility of the eHealth toolkit as a brief, stand-alone, couples-based HIV prevention intervention. These findings support the need to update the toolkit and evaluate it in a larger clinical trial powered for efficacy. Trial Registration ClinicalTrials.gov NCT02494817; http://clinicaltrials.gov/ct2/show/NCT02494817

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Ahonsi,M.O., B.O.Agindotan, D.W.Williams, R.Arundale, M.E.Gray, T.B.Voigt, and C.A.Bradley. "First Report of Pithomyces chartarum Causing a Leaf Blight of Miscanthus × giganteus in Kentucky." Plant Disease 94, no.4 (April 2010): 480. http://dx.doi.org/10.1094/pdis-94-4-0480c.

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Miscanthus × giganteus is a warm-season perennial grass, native to eastern Asia. Brought into the United States as a landscape plant, it is currently being considered as a potential biomass fuel crop. In August 2009, a newly established and a 2-year-old M. × giganteus field research trial near Lexington, KY were found to have 100% incidence of severe leaf blight. Brown, mosaic-like, coalesced necrotic lesions covered leaf blades and sheaths on every stand, ultimately killing some leaves and tillers. The disease was more destructive in the newly established trial where 4- to 5-month-old M. × giganteus tillers were killed. No fruiting bodies were found immediately on diseased leaves. However, surface-disinfested diseased leaf tissue produced a sooty black mass of conidia after 1 week following incubation in a petri dish moisture chamber at 25°C in the dark. Single conidia isolations were made on half-strength potato dextrose agar (HSPDA) amended with 25 mg/liter of rifamycin and incubated at 25°C. Morphological characteristics of the fungus fit those originally described for Pithomyces chartarum (Berk. & Curt.) M.B. Ellis (2). Colonies were fast growing on HSPDA, at first hyaline, then shortly punctiform, grayish black, up to 1-mm diameter, and then became confluent, producing several dark brown multicellular conidia on small peg-like denticles on branched conidiophores. Every detached conidium had a small piece of the denticle attached to its base. The conidia were echinulate, broadly ellipsoidal, pyriform, 18 to 29 × 11 to 18 μm, with three transverse septa, and a longitudinal septum constricted at the transverse septa. The identity of the fungus was confirmed by sequence analysis of the internal transcribed spacers (ITS) region of the nuclear ribosomal DNA. The 615-bp cloned and sequenced amplicon (Accession No. GU195649) was 99% identical to sequences from multiple isolates of Leptosphaerulina chartarum (anamorph Pithomyces chartarum) in the GenBank. Five potted M. × giganteus plants (45 days old) were spray inoculated with an aqueous conidial suspension (2 × 106 conidia/ml) and incubated in one tier of a two-tiered-growth chamber at 86 to 90% relative humidity. Initial incubation was in the dark at 26°C for 48 h, and thereafter at alternating 15 h of light (320 μmol) at 25°C and 9 h of darkness at 23°C. Control plants were sprayed with sterile water and incubated in the second tier of the same growth chamber. A week after inoculation, leaf blight developed on all inoculated plants, but not the controls. P. chartarum was reisolated from infected leaves 2 weeks after inoculation. To our knowledge, this is the first report of P. chartarum causing a disease on Miscanthus (3). The fungus is cosmopolitan, usually saprophytic, but can cause diseases on a wide range of plants as well as produce mycotoxins (3). It has been reported to cause a leaf spot of smooth bromegrass (Bromus inermis) in Nebraska (1) and a leaf blight of wheat (Triticum aestivum) in Hungary (4). The observed disease severity suggests P. chartarum could potentially limit M. × giganteus production as an ethanol feedstock. References: (1) C. Eken et al. Plant Dis. 90:108, 2006. (2) M. B. Ellis. Dematiaceous Hyphomycetes. Commonwealth Mycological Institute, Kew, Surrey, England, 1971. (3) D. F. Farr et al. Fungal Databases, Systematic Mycology and Microbiology Laboratory. Online publication. ARS, USDA, 2010. (4) B. Tóth et al. J. Plant Pathol. 89:405, 2007.

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"Criminal Procedure. Substantive Due Process. D. C. Circuit Holds That the Government May Forcibly Treat Incompetent Criminal Defendants with Antipsychotic Medication to Render Them Competent to Stand Trial. United States v. Weston, 255 F.3d 873 (D. C. Cir. 2001), Petition for Cert. Filed (U. S. Sept. 5, 2001) (No. 01-6161)." Harvard Law Review 115, no.2 (December 2001): 737. http://dx.doi.org/10.2307/1342680.

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Singh, Veer, and Vishal Mishra. "Coronavirus disease 2019 (COVID-19): Current situation and therapeutic options." Coronaviruses 01 (October5, 2020). http://dx.doi.org/10.2174/2666796701999201005211854.

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Abstract:: Coronavirus disease 2019 (COVID-19) is defined an illness caused by SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2). COVID-19 was first reported in the Wuhan, China in late December, 2019. World Health Organization (WHO) declared COVID-19 a global emergency on March 11, 2020. COVID-19 was rapidly transmitted and caused infection in 21,294,845 people and 761,779 deaths in more than 213 countries worldwide till August 16, 2020. United States of America (USA), Brazil, India, Russia Federation, Peru, Mexico, Colombia Spain, France, Italy, Germany, and United Kingdom (UK) stand top COVID-19 affected countries in the world. The high transmission rate of COVID-19 was might be due to large viral incubation time (2-14 days) and some modifications in the spike glycoprotein. Currently, effective drugs or vaccines are not developed for the treatment of novel coronavirus. However, few antibiotics like hydroxychloroquine and remdesivir have been currently used for the treatment of COVID-19 infection. Several collaboratives are working together for developing an effective and safe vaccine against COVID-19 and few vaccines are under clinical trial. Scientists are also working on plasma therapy and monoclonal antibodies. Nowadays, plasma therapy is considered as the most effective treatment against COVID-19 and some promising results have been achieved. This review focuses on the several therapeutic options for COVID-19 such as antiviral drugs, vaccines, plasma therapy and monoclonal antibodies. This review also covers the current situations of COVID-19 in the world. This review is about COVID-19, which will be beneficial to researchers for the development of potential treatment against COVID-19.

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Brown, Aliza, John McGonigle, Kaitlin Graham, Sanjeeva Onteddu, Martin Radvany, William Culp, and Evan Unger. "Abstract WP120: Welcoming the New Kid on the Block; The Phase IIb Prospective, Randomized, Open-Label, Blinded Endpoint (PROBE) Study of NanO 2 TM Neuroprotection in Large Vessel Strokes." Stroke 51, Suppl_1 (February 2020). http://dx.doi.org/10.1161/str.51.suppl_1.wp120.

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Background: NVX-208 (NanO 2 TM ) was recently examined in a completed randomized, placebo-controlled and double-blinded dose escalation Phase Ib/II safety trial in acute ischemic stroke (AIS) patients and was found to be safe in all dosage levels. Exploratory aims indicated early treatment in the highest NanO 2 TM dose cohort improved clinical outcomes of early NIHSS and 90-day mRS. In the current Phase 2b protocol, NanO 2 TM ’s enhanced oxygen delivery from the blood to tissue will be examined in early AIS subjects with large vessel occlusions (LVO). LVO patients will provide the optimal assessment for NanO 2 TM to maintain penumbra tissue viability. The Phase 2b primary objective will be to assess functional recovery and subject independence. Drug information: NanO 2 TM is an emulsion of 2% dodecafluoropentane (DDFP) in stabilizers (sucrose, PEG-Telomer-B) and phosphate buffered saline (pH 7.0) that is a highly efficient fluorocarbon oxygen transporter. Compared to previously developed fluorocarbon oxygen carriers, NanO 2 TM carries far more oxygen per gram of fluorocarbon. Because DDFP is not metabolized, almost 100% of administered doses was recovered in the subject’s breath as DDFP. Hypothesis: NanO 2 TM given early to subjects with LVO ischemic stroke will maintain penumbra tissue viability. Methods: Phase 2b study sites will include multiple stand-alone and hub and spoke systems located across the United States. Central IRB and safety monitors will provide oversight and support coverage. Key methodology includes providing early first dosage administration of NanO 2 TM or placebo (study treatment) to identify and consent LVO AIS subjects with viable penumbra. For drip and ship patients, second and third doses will be given en route or after arrival at the hub hospital and after revascularization procedures, respectively. Following the third dose, all subjects will receive study treatment dosing out to 24 hours, each dose at 90 minute intervals. 24-hour imagery assessments will confirm infarct volume. All final angiograms and 24-hour imaging data will be sent to core labs for blinded confirmatory review. Subject recovery and independence will be assessed throughout the study to 90 days. Conclusion: Study projected start date is early to mid-2020.

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Fredericks, Bronwyn, and Abraham Bradfield. "‘I’m Not Afraid of the Dark’." M/C Journal 24, no.2 (April27, 2021). http://dx.doi.org/10.5204/mcj.2761.

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Introduction Darkness is often characterised as something that warrants heightened caution and scrutiny – signifying increased danger and risk. Within settler-colonial settings such as Australia, cautionary and negative connotations of darkness are projected upon Black people and their bodies, forming part of continuing colonial regimes of power (Moreton-Robinson). Negative stereotypes of “dark” continues to racialise all Indigenous peoples. In Australia, Indigenous peoples are both Indigenous and Black regardless of skin colour, and this plays out in a range of ways, some of which will be highlighted within this article. This article demonstrates that for Indigenous peoples, associations of fear and danger are built into the structural mechanisms that shape and maintain colonial understandings of Indigenous peoples and their bodies. It is this embodied form of darkness, and its negative connotations, and responses that we explore further. Figure 1: Megan Cope’s ‘I’m not afraid of the Dark’ t-shirt (Fredericks and Heemsbergen 2021) Responding to the anxieties and fears of settlers that often surround Indigenous peoples, Quandamooka artist and member of the art collective ProppaNow, Megan Cope, has produced a range of t-shirts, one of which declares “I’m not afraid of the Dark” (fig. 1). The wording ‘reflects White Australia’s fear of blackness’ (Dark + Dangerous). Exploring race relations through the theme of “darkness”, we begin by discussing how negative connotations of darkness are represented through everyday lexicons and how efforts to shift prejudicial and racist language are often met with defensiveness and resistance. We then consider how fears towards the dark translate into everyday practices, reinforced by media representations. The article considers how stereotype, conjecture, and prejudice is inflicted upon Indigenous people and reflects white settler fears and anxieties, rooting colonialism in everyday language, action, and norms. The Language of Fear Indigenous people and others with dark skin tones are often presented as having a proclivity towards threatening, aggressive, deceitful, and negative behaviours. This works to inform how Indigenous peoples are “known” and responded to by hegemonic (predominantly white) populations. Negative connotations of Indigenous people are a means of reinforcing and legitimising the falsity that European knowledge systems, norms, and social structures are superior whilst denying the contextual colonial circumstances that have led to white dominance. In Australia, such denial corresponds to the refusal to engage with the unceded sovereignty of Aboriginal peoples or acknowledge Indigenous resistance. Language is integral to the ways in which dominant populations come to “know” and present the so-called “Other”. Such language is reflected in digital media, which both produce and maintain white anxieties towards race and ethnicity. When part of mainstream vernacular, racialised language – and the value judgments associated with it – often remains in what Moreton-Robinson describes as “invisible regimes of power” (75). Everyday social structures, actions, and habits of thought veil oppressive and discriminatory attitudes that exist under the guise of “normality”. Colonisation and the dominance of Eurocentric ways of knowing, being, and doing has fixated itself on creating a normality that associates Indigeneity and darkness with negative and threatening connotations. In doing so, it reinforces power balances that presents an image of white superiority built on the invalidation of Indigeneity and Blackness. White fears and anxieties towards race made explicit through social and digital media are also manifest via subtle but equally pervasive everyday action (Carlson and Frazer; Matamoros-Fernández). Confronting and negotiating such fears becomes a daily reality for many Indigenous people. During the height of the 2020 Black Lives Matter protests in the United States, which extended to Australia and were linked to deaths in custody and police violence, African American poet Saul Williams reminded his followers of the power of language in constructing racialised fears (saulwilliams). In an Instagram post, Williams draws back the veil of an uncontested normality to ask that we take personal responsibility over the words we use. He writes: here’s a tip: Take the words DARK or BLACK in connection to bad, evil, ominous or scary events out of your vocabulary. We learn the stock market crashed on Black Monday, we read headlines that purport “Dark Days Ahead”. There’s “dark” or “black” humour which implies an undertone of evil, and then there are people like me who grow up with dark skin having to make sense of the English/American lexicon and its history of “fair complexions” – where “fair” can mean “light; blond.” OR “in accordance with rules or standards; legitimate.” We may not be fully responsible for the duplicitous evolution of language and subtle morphing of inherited beliefs into description yet we are in full command of the words we choose even as they reveal the questions we’ve left unasked. Like the work of Moreton-Robinson and other scholars, Williams implores his followers to take a reflexive position to consider the questions often left unasked. In doing so, he calls for the transcendence of anonymity and engagement with the realities of colonisation – no matter how ugly, confronting, and complicit one may be in its continuation. In the Australian context this means confronting how terms such as “dark”, “darkie”, or “darky” were historically used as derogatory and offensive slurs for Aboriginal peoples. Such language continues to be used today and can be found in the comment sections of social media, online news platforms, and other online forums (Carlson “Love and Hate”). Taking the move to execute personal accountability can be difficult. It can destabilise and reframe the ways in which we understand and interact with the world (Rose 22). For some, however, exposing racism and seemingly mundane aspects of society is taken as a personal attack which is often met with reactionary responses where one remains closed to new insights (Whittaker). This feeds into fears and anxieties pertaining to the perceived loss of power. These fears and anxieties continue to surface through conversations and calls for action on issues such as changing the date of Australia Day, the racialised reporting of news (McQuire), removing of plaques and statues known to be racist, and requests to change placenames and the names of products. For example, in 2020, Australian cheese producer Saputo Dairy Australia changed the name of it is popular brand “Coon” to “Cheer Tasty”. The decision followed a lengthy campaign led by Dr Stephen Hagan who called for the rebranding based on the Coon brand having racist connotations (ABC). The term has its racist origins in the United States and has long been used as a slur against people with dark skin, liking them to racoons and their tendency to steal and deceive. The term “Coon” is used in Australia by settlers as a racist term for referring to Aboriginal peoples. Claims that the name change is example of political correctness gone astray fail to acknowledge and empathise with the lived experience of being treated as if one is dirty, lazy, deceitful, or untrustworthy. Other brand names have also historically utilised racist wording along with imagery in their advertising (Conor). Pear’s soap for example is well-known for its historical use of racist words and imagery to legitimise white rule over Indigenous colonies, including in Australia (Jackson). Like most racial epithets, the power of language lies in how the words reflect and translate into actions that dehumanise others. The words we use matter. The everyday “ordinary” world, including online, is deeply politicised (Carlson and Frazer “They Got Filters”) and comes to reflect attitudes and power imbalances that encourage white people to internalise the falsity that they are superior and should have control over Black people (Conor). Decisions to make social change, such as that made by Saputo Dairy Australia, can manifest into further white anxieties via their ability to force the confrontation of the circumstances that continue to contribute to one’s own prosperity. In other words, to unveil the realities of colonialism and ask the questions that are too often left in the dark. Lived Experiences of Darkness Colonial anxieties and fears are driven by the fact that Black populations in many areas of the world are often characterised as criminals, perpetrators, threats, or nuisances, but are rarely seen as victims. In Australia, the repeated lack of police response and receptivity to concerns of Indigenous peoples expressed during the Black Lives Matter campaign saw tens of thousands of people take to the streets to protest. Protestors at the same time called for the end of police brutality towards Indigenous peoples and for an end to Indigenous deaths in custody. The protests were backed by a heavy online presence that sought to mobilise people in hope of lifting the veil that shrouds issues relating to systemic racism. There have been over 450 Aboriginal and Torres Strait Islander people to die in custody since the end of the Royal Commission into Aboriginal Deaths in Custody in 1991 (The Guardian). The tragedy of the Indigenous experience gains little attention internationally. The negative implications of being the object of white fear and anxiety are felt by Indigenous and other Black communities daily. The “safety signals” (Daniella Emanuel) adopted by white peoples in response to often irrational perceptions of threat signify how Indigenous and other Black peoples and communities are seen and valued by the hegemony. Memes played out in social media depicting “Karens” – a term that corresponds to caricaturised white women (but equally applicable to men) who exhibit behaviours of entitlement – have increasing been used in media to expose the prevalence of irrational racial fears (also see Wong). Police are commonly called on Indigenous people and other Black people for simply being within spaces such as shopping malls, street corners, parks, or other spaces in which they are considered not to belong (Mohdin). Digital media are also commonly envisioned as a space that is not natural or normal for Indigenous peoples, a notion that maintains narratives of so-called Indigenous primitivity (Carlson and Frazer). Media connotations of darkness as threatening are associated with, and strategically manipulated by, the images that accompany stories about Indigenous peoples and other Black peoples. Digital technologies play significant roles in producing and disseminating the images shown in the media. Moreover, they have a “role in mediating and amplifying old and new forms of abuse, hate, and discrimination” (Matamoros-Fernández and Farkas). Daniels demonstrates how social media sites can be spaces “where race and racism play out in interesting, sometimes disturbing, ways” (702), shaping ongoing colonial fears and anxieties over Black peoples. Prominent footballer Adam Goodes, for example, faced a string of attacks after he publicly condemned racism when he was called an “Ape” by a spectator during a game celebrating Indigenous contributions to the sport (Coram and Hallinan). This was followed by a barrage of personal attacks, criticisms, and booing that spread over the remaining years of his football career. When Goodes performed a traditional war dance as a form of celebration during a game in 2015, many turned to social media to express their outrage over his “confrontational” and “aggressive” behaviour (Robinson). Goodes’s affirmation of his Indigeneity was seen by many as a threat to their own positionality and white sensibility. Social media were therefore used as a mechanism to control settler narratives and maintain colonial power structures by framing the conversation through a white lens (Carlson and Frazer “They Got Filters”). Indigenous peoples in other highly visible fields have faced similar backlash. In 1993, Elaine George was the first Aboriginal person to feature on the cover of Vogue magazine, a decision considered “risky” at the time (Singer). The editor of Vogue later revealed that the cover was criticised by some who believed George’s skin tone was made to appear lighter than it actually was and that it had been digitally altered. The failure to accept a lighter skin colour as “Aboriginal” exposes a neglect to accept ethnicity and Blackness in all its diversity (Carlson and Frazer “They Got Filters”; Carlson “Love and Hate”). Where Adam Goodes was criticised for his overt expression of Blackness, George was critisised for not being “black enough”. It was not until seventeen years later that another Aboriginal model, Samantha Harris, was featured on the cover of Vogue (Marks). While George inspired and pathed the way for those to come, Harris experienced similar discrimination within the industry and amongst the public (Carson and Ky). Singer Jessica Mauboy (in Hornery) also explains how her identity was managed by others. She recalls, I was pretty young when I first received recognition, and for years I felt as though I couldn't show my true identity. What I was saying in public was very dictated by other people who could not handle my sense of culture and identity. They felt they had to take it off my hands. Mauboy’s experience not only demonstrates how Blackness continues to be seen as something to “handle”, but also how power imbalances play out. Scholar Chelsea Watego offers numerous examples of how this occurs in different ways and arenas, for example through relationships between people and within workplaces. Bargallie’s scholarly work also provides an understanding of how Indigenous people experience racism within the Australian public service, and how it is maintained through the structures and systems of power. The media often represents communities with large Indigenous populations as being separatist and not contributing to wider society and problematic (McQuire). Violence, and the threat of violence, is often presented in media as being normalised. Recently there have been calls for an increased police presence in Alice Springs, NT, and other remotes communities due to ongoing threats of “tribal payback” and acts of “lawlessness” (Sky News Australia; Hildebrand). Goldberg uses the phrase “Super/Vision” to describe the ways that Black men and women in Black neighbourhoods are continuously and erroneously supervised and surveilled by police using apparatus such as helicopters and floodlights. Simone Browne demonstrates how contemporary surveillance practices are rooted in anti-black domination and are operationalised through a white gaze. Browne uses the term “racializing surveillance” to describe a ”technology of social control where surveillance practices, policies, and performances concern the production of norms pertaining to race and exercise a ‘power to define what is in or out of place’” (16). The outcome is often discriminatory treatment to those negatively racialised by such surveillance. Narratives that associate Indigenous peoples with darkness and danger fuel colonial fears and uphold the invisible regimes of power by instilling the perception that acts of surveillance and the restrictions imposed on Indigenous peoples’ autonomy are not only necessary but justified. Such myths fail to contextualise the historic colonial factors that drive segregation and enable a forgetting that negates personal accountability and complicity in maintaining colonial power imbalances (Riggs and Augoustinos). Inayatullah and Blaney (165) write that the “myth we construct calls attention to a darker, tragic side of our ethical engagement: the role of colonialism in constituting us as modern actors.” They call for personal accountability whereby one confronts the notion that we are both products and producers of a modernity rooted in a colonialism that maintains the misguided notion of white supremacy (Wolfe; Mignolo; Moreton-Robinson). When Indigenous and other Black peoples enter spaces that white populations don’t traditionally associate as being “natural” or “fitting” for them (whether residential, social, educational, a workplace, online, or otherwise), alienation, discrimination, and criminalisation often occurs (Bargallie; Mohdin; Linhares). Structural barriers are erected, prohibiting career or social advancement while making the space feel unwelcoming (Fredericks; Bargallie). In workplaces, Indigenous employees become the subject of hyper-surveillance through the supervision process (Bargallie), continuing to make them difficult work environments. This is despite businesses and organisations seeking to increase their Indigenous staff numbers, expressing their need to change, and implementing cultural competency training (Fredericks and Bargallie). As Barnwell correctly highlights, confronting white fears and anxieties must be the responsibility of white peoples. When feelings of shock or discomfort arise when in the company of Indigenous peoples, one must reflexively engage with the reasons behind this “fear of the dark” and consider that perhaps it is they who are self-segregating. Mohdin suggests that spaces highly populated by Black peoples are best thought of not as “black spaces” or “black communities”, but rather spaces where white peoples do not want to be. They stand as reminders of a failed colonial regime that sought to deny and dehumanise Indigenous peoples and cultures, as well as the continuation of Black resistance and sovereignty. Conclusion In working towards improving relationships between Black and white populations, the truths of colonisation, and its continuing pervasiveness in local and global settings must first be confronted. In this article we have discussed the association of darkness with instinctual fears and negative responses to the unknown. White populations need to reflexively engage and critique how they think, act, present, address racism, and respond to Indigenous peoples (Bargallie; Moreton-Robinson; Whittaker), cultivating a “decolonising consciousness” (Bradfield) to develop new habits of thinking and relating. To overcome fears of the dark, we must confront that which remains unknown, and the questions left unasked. This means exposing racism and power imbalances, developing meaningful relationships with Indigenous peoples, addressing structural change, and implementing alternative ways of knowing and doing. Only then may we begin to embody Megan Cope’s message, “I’m not afraid of the Dark”. Acknowledgements We thank Dr Debbie Bargallie for her feedback on our article, which strengthened the work. References ABC News. "Coon Cheese Changes Name to Cheer Cheese, Pledging to 'Build a Culture of Acceptance'." 13 Jan. 2021. <https://www.abc.net.au/news/2021-01-13/coon-cheese-changes-name-cheer-racist-slur-stephen-hagan/13053524>. Alter, Adam L., et al. "The “Bad Is Black” Effect: Why People Believe Evildoers Have Darker Skin than Do-Gooders." Personality and Social Psychology Bulletin 42.12 (2016): 1653-1665. <https://doi.org/10.1177/0146167216669123>. Assari, Shervin, and Cleopatra Howard Caldwell. "Darker Skin Tone Increases Perceived Discrimination among Male but Not Female Caribbean Black Youth." Children 4.12 (2017): 107. <https://doi.org/10.3390/children4120107>. Attwood, Brian. The Making of the Aborigines. Routledge, 2020. Bargallie, Debbie. Unmasking the Racial Contract: Indigenous Voices on Racism in the Australian Public Service. Aboriginal Studies Press, 2020. Barnwell, William. "White Fears, Black People: Voluntary Segregation and How to Stop It." The Lens, 28 Jan 2020. 4 Aug. 2020 <https://thelensnola.org/2020/01/28/voluntary-segregation-and-how-to-stop-it/>. Bradfield, Abraham. "Decolonizing the Intercultural: A Call for Decolonizing Consciousness in Settler-Colonial Australia." Religions 10.8 (2019): 469. <https://www.mdpi.com/2077-1444/10/8/469>. Browne, Simone. Dark Matters: On the Surveillance of Blackness. Duke University Press, 2015. Carlson, Bronwyn. "Love and Hate at the Cultural Interface: Indigenous Australians and Dating Apps." Journal of Sociology 56.2 (2020): 133-50. <https://doi.org/10.1177%2F1440783319833181>. ———. The Politics of Identity: Who Counts as Aboriginal Today? Aboriginal Studies Press, 2016. Carlson, Bronwyn, and Ryan Frazer. Social Media Mob: Being Indigenous Online. Macquarie University, 2018. ———. "’They Got Filters’: Indigenous Social Media, the Settler Gaze, and a Politics of Hope." Social Media+ Society 6.2 (2017): 107. <https://doi.org/10.1177/2056305120925261>. Carson, Sarah, and Jenny Ky. 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Milwaukee Independent, 14 May 2018. 4 Aug. 2020 <http://www.milwaukeeindependent.com/featured/scared-white-hysteria-people-color-due-paranoid-fear-retribution/>. Kahn, Kimberly Barsamian, and Paul G. Davies. "Differentially Dangerous? Phenotypic Racial Stereotypicality Increases Implicit Bias among Ingroup and Outgroup Members." Group Processes & Intergroup Relations 14.4 (2011): 569-580. <https://doi.org/10.1177/1368430210374609>. Kahn, Kimberly Barsamian, et al. "Protecting Whiteness: White Phenotypic Racial Stereotypicality Reduces Police Use of Force." Social Psychological and Personality Science 7.5 (2016): 403-411. <https://doi.org/10.1177/1948550616633505>. Kibria, Nazli, et al. "Imagining the Radicalized Muslim: Race, Anti-Muslim Discourse, and Media Narratives of the 2013 Boston Marathon Bombers." Sociology of Race and Ethnicity 4.2 (2018): 192-205. <https://doi.org/10.1177/2332649217731113>. Lawrence, John. "Indigenous Lives Matter." 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Matamoros- Fernández, Ariadna, and Johan Farkas. “Racism, Hate Speech, and Social Media: A Systemic Review and Critique.” Television & New Media 22.2 (2021): 205-224. McQuire, Amy. “Black and White Witness.” Meanjin Quarterly, 2019. <https://meanjin.com.au/essays/black-and-white-witness/>. Mignolo, Walter. Local Histories/Global Designs: Coloniality, Subaltern Knowledges, and Border Thinking. Princeton University Press, 2012. Mohdin, Aamna. "Us History Explains That White Fear Is Just Another Way to Enforce Racial Segregation." Quartz, 25 May 2018. 4 Aug. 2020 <https://qz.com/1288067/us-history-explains-that-white-fear-of-black-people-is-just-another-tool-to-enforce-racial-segregation/>. Moreton-Robinson, Aileen. "Whiteness, Epistemology and Indigenous Representation." Whitening Race: Essays in Social and Cultural Criticism. Ed. Aileen Moreton-Robinson. Aboriginal Studies Press, 2004. 75-88. Quadrant. "Stan Grant Given a Good Tanning." Quadrant, 29 Aug. 2017. 25 Feb. 2021 <https://quadrant.org.au/stan-grant-given-good-tanning/>. Riggs, Damien W., and Martha Augoustinos. "The Psychic Life of Colonial Power: Racialised Subjectivities, Bodies and Methods." Journal of Community & Applied Social Psychology 15.6 (2005): 461-477. <https://doi.org/10.1002/casp.838>. Riggs, Damien Wayne. "Benevolence and the Management of Stake: On Being 'Good White People'." Philament 4 (Aug. 2004). <http://hdl.handle.net/2328/14258>. Robinson, Mark. "Adam Goodes’ War Cry Social Media Reaction Shows We’re at War with Ourselves, Says Mark Robinson." Herald Sun, 2015. 13 Jan. 2021 <https://www.news.com.au/adam-goodes-war-cry-social-media-reaction-shows-were-at-war-with-ourselves-says-mark-robinson/news-story/b553ef775ceb9611132a0502456eff35>. Rose, Deborah Bird. Reports from a Wild Country: Ethics for Decolonisation. Sydney: University of New South Wales Press, 2004. saulwilliams. "Here’s a Tip." 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Fowles, Jib. "Television Violence and You." M/C Journal 3, no.1 (March1, 2000). http://dx.doi.org/10.5204/mcj.1828.

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Introduction Television has become more and more restricted within the past few years. Rating systems and "family programming" have taken over the broadcast networks, relegating violent programming, often some of the most cutting edge work in television, to pay channels. There are very few people willing to stand up and say that viewers -- even young children -- should be able to watch whatever they want, and that viewing acts of violence can actually result in more mature, balanced adults. Jib Fowles is one of those people. His book, The Case For Television Violence, explores the long history of violent content in popular culture, and how its modern incarnation, television, fulfils the same function as epic tragedy and "penny dreadfuls" did -- the diverting of aggressive feelings into the cathartic action of watching. Fowles points out the flaws in studies linking TV violence to actual violence (why, for example, has there been a sharp decline in violent crime in the U.S. during the 1990s when, by all accounts, television violence has increased?), as well as citing overlooked studies that show no correlation between viewing and performing acts of violence. The book also demonstrates how efforts to censor TV violence are not only ineffective, but can lead to the opposite result: an increase in exposure to violent viewing as audiences forsake traditional broadcast programming for private programming through pay TV and videocassettes. The revised excerpt below describes one of the more heated topics of debate -- the V-Chip. Television Violence and You Although the antiviolence fervor crested in the US in the first half of the 1990s, it also continued into the second half. As Sissela Bok comments: "during the 1990s, much larger efforts by citizen advocacy groups, churches, professional organizations, public officials, and media groups have been launched to address the problems posed by media violence" (146). It continues as always. On the one side, the reformist position finds articulation time and again; on the other side, the public's incessant desire for violent entertainment is reluctantly (because there is no prestige or cachet to be had in it) serviced by television companies as they compete against each other for profits. We can contrast these two forces in the following way: the first, the antitelevision violence campaign, is highly focussed in its presentation, calling for the curtailment of violent content, but this concerted effort has underpinnings that are vague and various; the second force is highly diffused on the surface (the public nowhere speaks pointedly in favor of violent content), but its underpinnings are highly concentrated and functional, pertinent to the management of disapproved emotions. To date, neither force has triumphed decisively. The antiviolence advocates can be gratified by the righteousness of their cause and sense of moral superiority, but violent content continues as a mainstay of the medium's offerings and in viewers' attention. Over the longer term, equilibrium has been the result. If the equilibrium were upset, however, unplanned consequences would result. The attack on television violence is not simply unwarranted; it carries the threat of unfortunate dangers should it succeed. In the US, television violence is a successful site for the siphoning off of unwanted emotions. The French critic Michel Mourlet explains: "violence is a major theme in aesthetics. Violence is decompression: Arising out of a tension between the individual and the world, it explodes as the tension reaches its pitch, like an abscess burning. It has to be gone through before there can be any repose" (233). The loss or even diminishment of television violence would suggest that surplus psychic energy would have to find other outlets. What these outlets would be is open to question, but the possibility exists that some of them might be retrogressive, involving violence in more outright and vicious forms. It is in the nation's best interest not to curtail the symbolic displays that come in the form of television violence. Policy The official curbing of television violence is not an idle or empty threat. It has happened recently in Canada. In 1993, the Canadian Radio- Television and Telecommunications Commission, the equivalent of the Australian Broadcasting Authority or of the American FCC, banned any "gratuitous" violence, which was defined as violence not playing "an integral role in developing the plot, character, or theme of the material as a whole" (Scully 12). Violence of any sort cannot be broadcast before 9 p.m. Totally forbidden are any programs promoting violence against women, minorities, or animals. Detailed codes regulate violence in children's shows. In addition, the Canadian invention of the V-chip is to be implemented, which would permit parents to block out programming that exceeds preset levels for violence, sexuality, or strong language (DePalma). In the United States, the two houses of Congress have held 28 hearings since 1954 on the topic of television violence (Cooper), but none has led to the passage of regulatory legislation until the Telecommunications Act of 1996. According to the Act, "studies have shown that children exposed to violent video programming at a young age have a higher tendency for violent and aggressive behavior later in life than children not so exposed, and that children exposed to violent video programming are prone to assume that acts of violence are acceptable behavior" (Section 551). It then requires that newly manufactured television sets must "be equipped with a feature designed to enable viewers to block display of all programs with a common rating" (Telecommunications Act of 1996, section 551). The V-chip, the only available "feature" to meet the requirements, will therefore be imported from Canada to the United States. Utilising a rating system reluctantly and haltingly developed by the television industry, parents on behalf of their children would be able to black out offensive content. Censorship had passed down to the family level. Although the V-chip represents the first legislated regulation of television violence in the US, that country experienced an earlier episode of violence censorship whose outcome may be telling for the fate of the chip. This occurred in the aftermath of the 1972 Report to the Surgeon General on Television and Social Behavior, which, in highly equivocal language, appeared to give some credence to the notion that violent content can activate violent behavior in some younger viewers. Pressure from influential congressmen and from the FCC and its chairman, Richard Wiley, led the broadcasting industry in 1975 to institute what came to be known as the Family Viewing Hour. Formulated as an amendment to the Television Code of the National Association of Broadcasters, the stipulation decreed that before 9:00 p.m. "entertainment programming inappropriate for viewing by a general family audience should not be broadcast" (Cowan 113). The definition of "inappropriate programming" was left to the individual networks, but as the 1975-1976 television season drew near, it became clear to a production company in Los Angeles that the definitions would be strict. The producers of M*A*S*H (which aired at 8:30 p.m.) learned from the CBS censor assigned to them that three of their proposed programs -- dealing with venereal disease, impotence, and adultery -- would not be allowed (Cowan 125). The series Rhoda could not discuss birth control (131) and the series Phyllis would have to cancel a show on virginity (136). Television writers and producers began to rebel, and in late 1975 their Writers Guild brought a lawsuit against the FCC and the networks with regard to the creative impositions of the Family Viewing Hour. Actor Carroll O'Connor (as quoted in Cowan 179) complained, "Congress has no right whatsoever to interfere in the content of the medium", and writer Larry Gelbert voiced dismay (as quoted in Cowan 177): "situation comedies have become the theater of ideas, and those ideas have been very, very restricted". The judge who heard the case in April and May of 1976 took until November to issue his decision, but when it emerged it was polished and clear: the Family Viewing Hour was the result of "backroom bludgeoning" by the FCC and was to be rescinded. According to the judge, "the existence of threats, and the attempted securing of commitments coupled with the promise to publicize noncompliance ... constituted per se violations of the First Amendment" (Corn-Revere 201). The fate of the Family Viewing Hour may have been a sort of premoniton: The American Civil Liberties Union is currently bringing a similar case against proponents of the V-chip -- a case that may produce similar results. Whether or not the V-chip will withstand judicial scrutiny, there are several problematic aspects to the device and any possible successors. Its usage would appear to impinge on the providers of violent content, on the viewers of it, and indeed on the fundamental legal structure of the United States. To confront the first of these three problems, significant use of the V- chip by parents would measurably reduce the audience size for certain programmes containing symbolic violence. Little else could have greater impact on the American television system as it is currently constituted. A decrease in audience numbers quickly translates into a decrease in advertising revenues in an advertising system such as that of the United States. Advertisers may additionally shy away from a shunned programme because of its loss of popularity or because its lowered ratings have clearly stamped it as violent. The decline in revenues would make the programme less valuable in the eyes of network executives and perhaps a candidate for cancellation. The Hollywood production company would quickly take notice and begin tailoring its broadcast content to the new standards. Blander or at least different fare would be certain to result. Broadcast networks may begin losing viewers to bolder content on less fastidious cable networks and in particular to the channels that are not supported and influenced by advertising. Thus, we might anticipate a shift away from the more traditional and responsible channels towards the less so and away from advertising-supported channels to subscriber-supported channels. This shift would not transpire according to the traditional governing mechanism of television -- audience preferences. Those to whom the censored content had been destined would have played no role in its neglect. Neglect would have transpired because of the artificial intercession of controls. The second area to be affected by the V-chip, should its implementation prove successful, is viewership, in particular younger viewers. Currently, young viewers have great license in most households to select the content they want to watch; this license would be greatly reduced by the V-chip, which can block out entire genres. Screening for certain levels of violence, the parent would eliminate most cartoons and all action- adventure shows, whether the child desires some of these or not. A New York Times reporter, interviewing a Canadian mother who had been an early tester of a V-chip prototype, heard the mother's 12-year-old son protesting in the background, "we're not getting the V-chip back!" The mother explained to the reporter, "the kids didn't like the fact that they were not in control any longer" (as quoted in DePalma C14) -- with good reason. Children are losing the right to pick the content of which they are in psychological need. The V-chip represents another weapon in the generational war -- a device that allows parents to eradicate the compensational content of which children have learned to make enjoyable use. The consequences of all this for the child and the family would be unpleasant. The chances that the V-chip will increase intergenerational friction are high. Not only will normal levels of tension and animosity be denied their outlet via television fiction but also so will the new superheated levels. It is not a pleasant prospect. Third, the V-chip constitutes a strong challenge to traditional American First Amendment rights of free speech and a free press. Stoutly defended by post-World War II Supreme Courts, First Amendment rights can be voided "only in order to promote a compelling state interest, and then only if the government adopts the least restrictive means to further that interest" (Ballard 211). The few restrictions allowed concern such matters as obscenity, libel, national security, and the sometimes conflicting right to a fair trial. According to legal scholar Ian Ballard, there is no "compelling state interest" involved in the matter of television violence because "the social science evidence used to justify the regulation of televised violence is subject to such strong methodological criticism that the evidence is insufficient to support massive regulatory assault on the television entertainment industry" (185). Even if the goal of restricting television violence were acceptable, the V-chip is hardly "the least restrictive means" because it introduces a "chilling effect" on programme producers and broadcasters that "clearly infringes on fundamental First Amendment rights" (216). Moreover, states Ballard, "fear of a slippery slope is not unfounded" (216). If television violence can be censored, supposedly because it poses a threat to social order, then what topics might be next? It would not be long before challenging themes such a feminism or multiculturalism were deemed unfit for the same reason. Taking all these matters into consideration, the best federal policy regarding television violence would be to have no policy -- to leave the extent of violent depictions completely up to the dictates of viewer preferences, as expertly interpreted by the television industry. In this, I am in agreement with Ian Ballard, who finds that the best approach "is for the government to do nothing at all about television violence" (218). Citation reference for this article MLA style: Jib Fowles. "Television Violence and You." M/C: A Journal of Media and Culture 3.1 (2000). [your date of access] <http://www.uq.edu.au/mc/0003/television.php>. Chicago style: Jib Fowles, "Television Violence and You," M/C: A Journal of Media and Culture 3, no. 1 (2000), <http://www.uq.edu.au/mc/0003/television.php> ([your date of access]). APA style: Jib Fowles. (2000) Television Violence and You. M/C: A Journal of Media and Culture 3(1). <http://www.uq.edu.au/mc/0003/television.php> ([your date of access]).

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Gregg, Melissa. "Normal Homes." M/C Journal 10, no.4 (August1, 2007). http://dx.doi.org/10.5204/mcj.2682.

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…love is queered not when we discover it to be resistant to or more than its known forms, but when we see that there is no world that admits how it actually works as a principle of living. Lauren Berlant – “Love, A Queer Feeling” As the sun beats down on a very dusty Musgrave Park, the crowd is hushed in respect for the elder addressing us. It is Pride Fair Day and we are listening to the story of how this place has been a home for queer and black people throughout Brisbane’s history. Like so many others, this park has been a place of refuge in times when Boundary Streets marked the lines aboriginal people couldn’t cross to enter the genteel heart of Brisbane’s commercial district. The street names remain today, and even if movements across territory are somewhat less constrained, a manslaughter trial taking place nearby reminds us of the surveillance aboriginal people still suffer as a result of their refusal to stay off the streets and out of sight in homes they don’t have. In the past few years, Fair Day has grown in size. It now charges an entry fee to fence out unwelcome guests, so that those who normally live here have been effectively uninvited from the party. On this sunny Saturday, we sit and talk about these things, and wonder at the number of spaces still left in this city for spontaneous, non-commercial encounters and alliances. We could hardly have known that in the course of just a few weeks, the distance separating us from others would grow even further. During the course of Brisbane’s month-long Pride celebrations in 2007, two events affected the rights agendas of both queer and black Australians. First, The Human Rights and Equal Opportunity Commission Report, Same Sex, Same Entitlements, was tabled in parliament. Second, the Federal government decided to declare a state of emergency in remote indigenous communities in the Northern Territory in response to an inquiry on the state of aboriginal child abuse. (The full title of the report is “Ampe Akelyernemane Meke Mekarle”: Little Children are Sacred, and the words are from the Arrandic languages of the Central Desert Region of the Northern Territory. The report’s front cover also explains the title in relation to traditional law of the Yolngu people of Arnhem Land.) While the latter issue has commanded the most media and intellectual attention, and will be discussed later in this piece, the timing of both reports provides an opportunity to consider the varying experiences of two particularly marginalised groups in contemporary Australia. In a period when the Liberal Party has succeeded in pitting minority claims against one another as various manifestations of “special interests” (Brett, Gregg) this essay suggests there is a case to be made for queer and black activists to join forces against wider tendencies that affect both communities. To do this I draw on the work of American critic, Lauren Berlant, who for many years has offered a unique take on debates about citizenship in the United States. Writing from a queer theory perspective, Berlant argues that the conservative political landscape in her country has succeeded in convincing people that “the intimacy of citizenship is something scarce and sacred, private and proper, and only for members of families” (Berlant Queen 2-3). The consequence of this shift is that politics moves from being a conversation conducted in the public sphere about social issues to instead resemble a form of adjudication on the conduct of others in the sphere of private life. In this way, Berlant indicates how heteronormative culture “uses cruel and mundane strategies both to promote change from non-normative populations and to deny them state, federal, and juridical supports because they are deemed morally incompetent to their own citizenship” (Berlant, Queen 19). In relation to the so-called state of emergency in the Northern Territory, coming so soon after attempts to encourage indigenous home-ownership in the same region, the compulsion to promote change from non-normative populations currently affects indigenous Australians in ways that resonate with Berlant’s argument. While her position reacts to an environment where the moral majority has a much firmer hold on the national political spectrum, in Australia these conservative forces have no need to be so eloquent—normativity is already embedded in a particular form of “ordinariness” that is the commonsense basis for public political debate (Allon, Brett and Moran). These issues take on further significance as home-ownership and aspirations towards it have gradually become synonymous with the demonstration of appropriate citizenship under the Coalition government: here, phrases like “an interest rate election” are assumed to encapsulate voter sentiment while “the mortgage belt” has emerged as the demographic most keenly wooed by precariously placed politicians. As Berlant argues elsewhere, the project of normalization that makes heterosexuality hegemonic also entails “material practices that, though not explicitly sexual, are implicated in the hierarchies of property and propriety” that secure heteronormative privilege (Berlant and Warner 548). Inhabitants of remote indigenous communities in Australia are invited to desire and enact normal homes in order to be accepted and rewarded as valuable members of the nation; meanwhile gay and lesbian couples base their claims for recognition on the adequate manifestation of normal homes. In this situation black and queer activists share an interest in elaborating forms of kinship and community that resist the limited varieties of home-building currently sanctioned and celebrated by the State. As such, I will conclude this essay with a model for this alternative process of home-building in the hope of inspiring others. Home Sweet Home Ever since the declaration of terra nullius, white Australia has had a hard time recognising homes it doesn’t consider normal. To the first settlers, indigenous people’s uncultivated land lacked meaning, their seasonal itinerancy challenged established notions of property, while their communal living and wider kinship relations confused nuclear models of procreative responsibility and ancestry. From the homes white people still call “camps” many aboriginal people were moved against their will on to “missions” which even in name invoked the goal of assimilation into mainstream society. So many years later, white people continue to maintain that their version of homemaking is the most superior, the most economically effective, the most functional, with government policy and media commentators both agreeing that “the way out of indigenous disadvantage is home ownership.”(The 1 July broadcast of the esteemed political chat show Insiders provides a representative example of this consensus view among some of the country’s most respected journalists.) In the past few months, low-interest loans have been touted as the surest route out of the shared “squalor” (Weekend Australian, June 30-July1) of communal living and the right path towards economic development in remote aboriginal communities (Karvelas, “New Deal”). As these references suggest, The Australian newspaper has been at the forefront of reporting these government initiatives in a positive light: one story from late May featured a picture of Tiwi Islander Mavis Kerinaiua watering her garden with the pet dog and sporting a Tigers Aussie Rules singlet. The headline, “Home, sweet home, for Mavis” (Wilson) was a striking example of a happy and contented black woman in her own backyard, especially given how regularly mainstream national news coverage of indigenous issues follows a script of failed aboriginal communities. In stories like these, communal land ownership is painted as the cause of dysfunction, and individual homes are crucial to “changing the culture.” Never is it mentioned that communal living arrangements clearly were functional before white settlement, were an intrinsic part of “the culture”; nor is it acknowledged that the option being offered to indigenous people is land that had already been taken away from them in one way or another. That this same land can be given back only on certain conditions—including financially rewarding those who “prove they are doing well” by cultivating their garden in recognisably right ways (Karvelas, “New Deal”)— bolsters Berlant’s claim that government rhetoric succeeds by transforming wider structural questions into matters of individual responsibility. Home ownership is the stunningly selective neoliberal interpretation of “land rights”. The very notion of private property erases the social and cultural underpinnings of communal living as a viable way of life, stigmatising any alternative forms of belonging that might form the basis for another kind of home. Little Children Are Sacred The latest advance in efforts to encourage greater individual responsibility in indigenous communities highlights child abuse as the pivotal consequence of State and Local government inaction. The innocent indigenous child provides the catalyst for a myriad of competing political positions, the most vocal of which welcomes military intervention on behalf of powerless, voiceless kids trapped in horrendous scenarios (Kervalas, “Pearson’s Passion”). In these representations, the potentially abused aboriginal child takes on “supericonicity” in public debate. In her North American context, Berlant uses this concept to explain how the unborn child figures in acrimonious arguments over abortion. The foetus has become the most mobilising image in the US political scene because: it is an image of an American, perhaps the last living American, not yet bruised by history: not yet caught up in the processes of secularisation and centralisation… This national icon is too innocent of knowledge, agency, and accountability and thus has ethical claims on the adult political agents who write laws, make culture, administer resources, control things. (Berlant, Queen 6) In Australia, the indigenous child takes on supericonicity because he or she is too young to formulate a “black armband” view of history, to have a point of view on why their circumstance happens to be so objectionable, to vote out the government that wants to survey and penetrate his or her body. The child’s very lack of agency is used as justification for the military action taken by those who write laws, make the culture that will be recognized as an appropriate performance of indigeneity, administer (at the same time as they cut) essential resources; those who, for the moment, control things. However, and although a government perspective would not recognize this, in Australia the indigenous child is always already bruised by conventional history in the sense that he or she will have trouble accessing the stories of ancestors and therefore the situation that affects his or her entry into the world. Indeed, it is precisely the extent to which the government denies its institutional culpability in inflicting wounds on aboriginal people throughout history that the indigenous child’s supericonicity is now available as a political weapon. Same-Sex: Same Entitlements A situation in which the desire for home ownership is pedagogically enforced while also being economically sanctioned takes on further dimensions when considered next to the fate of other marginalised groups in society—those for whom an appeal for acceptance and equal rights pivots on the basis of successfully performing normal homes. While indigenous Australians are encouraged to aspire for home ownership as the appropriate manifestation of responsible citizenship, the HREOC report represents a group of citizens who crave recognition for already having developed this same aspiration. In the case studies selected for the Same-Sex: Same Entitlements Report, discrimination against same-sex couples is identified in areas such as work and taxation, workers’ compensation, superannuation, social security, veterans’ entitlements and childrearing. It recommends changes to existing laws in these areas to match those that apply to de facto relationships. When launching the report, the commissioner argued that gay people suffer discrimination “simply because of whom they love”, and the report launch quotes a “self-described ‘average suburban family’” who insist “we don’t want special treatment …we just want equality” (HREOC). Such positioning exercises give some insight into Berlant’s statement that “love is a site that has perhaps not yet been queered enough” (Berlant, “Love” 433). A queer response to the report might highlight that by focussing on legal entitlements of the most material kind, little is done to challenge the wider situation in which one’s sexual relationship has the power to determine intimate possessions and decisions—whether this is buying a plane ticket, getting a loan, retiring in some comfort or finding a nice nursing home. An agenda calling for legislative changes to financial entitlement serves to reiterate rather than challenge the extent to which economically sanctioned subjectivities are tied to sexuality and normative models of home-building. A same-sex rights agenda promoting traditional notions of procreative familial attachment (the concerned parents of gay kids cited in the report, the emphasis on the children of gay couples) suggests that this movement for change relies on a heteronormative model—if this is understood as the manner in which the institutions of personal life remain “the privileged institutions of social reproduction, the accumulation and transfer of capital, and self-development” (Berlant and Warner 553). What happens to those who do not seek the same procreative path? Put another way, the same-sex entitlements discourse can be seen to demand “intelligibility” within the hegemonic understanding of love, when love currently stands as the primordial signifier and ultimate suturing device for all forms of safe, reliable and useful citizenly identity (Berlant, “Love”). In its very terminology, same-sex entitlement asks to access the benefits of normativity without challenging the ideological or economic bases for its attachment to particular living arrangements and rewards. The political agenda for same-sex rights taking shape in the Federal arena appears to have chosen its objectives carefully in order to fit existing notions of proper home building and the economic incentives that come with them. While this is understandable in a conservative political environment, a wider agenda for queer activism in and outside the home would acknowledge that safety, security and belonging are universal desires that stretch beyond material acquisitions, financial concerns and procreative activity (however important these things are). It is to the possibilities this perspective might generate that I now turn. One Size Fits Most Urban space is always a host space. The right to the city extends to those who use the city. It is not limited to property owners. (Berlant and Warner, 563) The affective charge and resonance of a concept like home allows an opportunity to consider the intimacies particular to different groups in society, at the same time as it allows contemplation of the kinds of alliances increasingly required to resist neoliberalism’s impact on personal space. On one level, this might entail publicly denouncing representations of indigenous living conditions that describe them as “squalor” as some kind of hygienic short-hand that comes at the expense of advocating infrastructure suited to the very different way of living that aboriginal kinship relations typically require. Further, as alternative cultural understandings of home face ongoing pressure to fit normative ideals, a key project for contemporary queer activism is to archive, document and publicise the varied ways people choose to live at this point in history in defiance of sanctioned arrangements (eg Gorman-Murray 2007). Rights for gay and lesbian couples and parents need not be called for in the name of equality if to do so means reproducing a logic that feeds the worst stereotypes around non-procreating queers. Such a perspective fares poorly for the many literally unproductive citizens, queer and straight alike, whose treacherous refusal to breed banishes them from the respectable suburban politics to which the current government caters. Which takes me back to the park. Later that afternoon on Fair Day, we’ve been entertained by a range of performers, including the best Tina Turner impersonator I’ll ever see. But the highlight is the festival’s special guest, Vanessa Wagner who decides to end her show with a special ceremony. Taking the role of celebrant, Vanessa invites three men on to the stage who she explains are in an ongoing, committed three-way relationship. Looking a little closer, I remember meeting these blokes at a friend’s party last Christmas Eve: I was the only girl in an apartment full of gay men in the midst of some serious partying (and who could blame them, on the eve of an event that holds dubious relevance for their preferred forms of intimacy and celebration?). The wedding takes place in front of an increasingly boisterous crowd that cannot fail to appreciate the gesture as farcically mocking the sacred bastion of gay activism—same-sex marriage. But clearly, the ceremony plays a role in consecrating the obvious desire these men have for each other, in a safe space that feels something like a home. Their relationship might be a long way from many people’s definition of normal, but it clearly operates with care, love and a will for some kind of longevity. For queer subjects, faced with a history of persecution, shame and an unequal share of a pernicious illness, this most banal of possible definitions of home has been a luxury difficult to afford. Understood in this way, queer experience is hard to compare with that of indigenous people: “The queer world is a space of entrances, exits, unsystematised lines of acquaintance, projected horizons, typifying examples, alternate routes, blockages, incommensurate geographies” (Berlant and Warner 558). In many instances, it has “required the development of kinds of intimacy that bear no necessary relation to domestic space, to kinship, to the couple form, to property, or to the nation” (ibid) in liminal and fleeting zones of improvisation like parties, parks and public toilets. In contrast, indigenous Australians’ distinct lines of ancestry, geography, and story continue through generations of kin in spite of the efforts of a colonising power to reproduce others in its own image. But in this sense, what queer and black Australians now share is the fight to live and love in more than one way, with more than one person: to extend relationships of care beyond the procreative imperative and to include land that is beyond the scope of one’s own backyard. Both indigenous and queer Australians stand to benefit from a shared project “to support forms of affective, erotic and personal living that are public in the sense of accessible, available to memory, and sustained through collective activity” (Berlant and Warner 562). To build this history is to generate an archive that is “not simply a repository” but “is also a theory of cultural relevance” (Halberstam 163). A queer politics of home respects and learns from different ways of organising love, care, affinity and responsibility to a community. This essay has been an attempt to document other ways of living that take place in the pockets of one city, to show that homes often exist where others see empty space, and that love regularly survives beyond the confines of the couple. In learning from the history of oppression experienced in the immediate territories I inhabit, I also hope it captures what it means to reckon with the ongoing knowledge of being an uninvited guest in the home of another culture, one which, through shared activism, will continue to survive much longer than this, or any other archive. References Allon, Fiona. “Home as Cultural Translation: John Howard’s Earlwood.” Communal/Plural 5 (1997): 1-25. Berlant, Lauren. The Queen of America Goes to Washington City: Essays on Sex and Citizenship. Durham: Duke University Press, 1997. ———. “Love, A Queer Feeling.” Homosexuality and Psychoanalysis. Eds. Tim Dean and Christopher Lane. Chicago and London: The University of Chicago Press, 2001. 432-51. ———, and Michael Warner. “Sex in Public.” Critical Inquiry 24.2 (1998): 547-566. Brett, Judith. Australian Liberals and the Moral Middle Class: From Alfred Deakin to John Howard. Cambridge: Cambridge University Press, 2003. ———, and Anthony Moran. Ordinary People’s Politics: Australians Talk About Politics, Life and the Future of Their Country. Melbourne: Pluto Press, 2006. Gorman-Murray, Andrew. “Contesting Domestic Ideals: Queering the Australian Home.” Australian Geographer 38.2 (2007): 195-213. Gregg, Melissa. “The Importance of Being Ordinary.” International Journal of Cultural Studies 10.1 (2007): 95-104. Halberstam, Judith. In a Queer Time and Place: Transgender Bodies, Subcultural Lives. New York and London: NYU Press, 2005 Human Rights and Equal Opportunity Commission. Same-Sex: Same Entitlements Report. 2007. 21 Aug. 2007 http://www.hreoc.gov.au/human_rights/samesex/report/index.html>. ———. Launch of Final Report of the Human Rights and Equal Opportunity Commission’s Same-Sex: Same Entitlements Inquiry (transcript). 2007. 5 July 2007 . Insiders. ABC TV. 1 July 2007. 5 July 2007 http://www.abc.net.au/insiders/content/2007/s1966728.htm>. Karvelas, Patricia. “It’s New Deal or Despair: Pearson.” The Weekend Australian 12-13 May 2007: 7. ———. “How Pearson’s Passion Moved Howard to Act.” The Australian. 23 June 2007. 5 July 2007 http://www.theaustralian.news.com.au/story/0,20867,21952951-5013172,00.html>. Northern Territory Government Inquiry Report into the Protection of Aboriginal Children from Sexual Abuse. Ampe Akelyernemane Meke Mekarle: Little Children Are Sacred. 2007. 5 July 2007 http://www.nt.gov.au/dcm/inquirysaac/pdf/bipacsa_final_report.pdf>. Wilson, Ashleigh. “Home, Sweet Home, for Mavis.” The Weekend Australian 12-13 May 2007: 7. Citation reference for this article MLA Style Gregg, Melissa. "Normal Homes." M/C Journal 10.4 (2007). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0708/02-gregg.php>. APA Style Gregg, M. (Aug. 2007) "Normal Homes," M/C Journal, 10(4). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0708/02-gregg.php>.

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