Recruiting Participants for Child Abuse Research: What Does It Take?

Recruiting participants for child abuse research and tracking them over time require extensive efforts and perseverance. This paper documents the results of strategies used in a longitudinal study of child abuse. The study sample consisted of a group of school-age abused children and their mothers and a matched comparison group of nonabused children and their mothers. Consent rates were lower for abusing families than for nonabusing comparison families. Among abusing families, those in the sexual abuse group were more difficult to recruit than those in the physical abuse or neglect groups. Even after obtaining consent, successfully completing interviews required persistence, particularly for the abuse group. Retention over time was highly successful as a result of considerable efforts to maintain contact with respondents. Researchers would benefit from more published accounts of study procedures regarding sample recruitment and maintenance.     

Can a Woman Rape a Man and Why Does It Matter?

Under current UK legislation, only a man can commit rape. This paper argues that this is an unjustified double standard that reinforces problematic gendered stereotypes about male and female sexuality. I first reject three potential justifications for making penile penetration a condition of rape: (1) it is physically impossible for a woman to rape a man; (2) it is a more serious offence to forcibly penetrate someone than to force them to penetrate you; (3) rape is a gendered crime. I argue that, as these justifications fail, a woman having sex with a man without his consent ought to be considered rape. I then explain some further reasons that this matters. I argue that, not only is it unjust, it is also both a cause and a consequence of harmful stereotypes and prejudices about male and female sexuality: (1) men are ‘always up for sex’; (2) women’s sexual purity is more important than men’s; (3) sex is something men do to women. Therefore, I suggest that, if rape law were made gender neutral, these stereotypes would be undermined and this might make some (albeit small) difference to the problematic ways that sexual relations are sometimes viewed between men and women more generally.     

The Comparison Question Test: Does It Work and If So How?

In a mock crime study of the comparison question test (CQT), 35 subjects decided to participate as guilty and 30 as innocent. Two conditions were varied: Explaining the comparison questions in the pretest interview and re-discussing comparison questions between charts. Higher identification rates (approximately 90% for guilty and innocent participants) were achieved in groups with explanation of comparison questions than in groups without explanation. Re-discussing comparison questions had no effect on identification rates. Ratings of subjective stress due to relevant and comparison questions were also obtained and can be seen as indicators of the significance of the questions. The significance of comparison questions was hardly affected by the different testing conditions. When effects are detectable at all, they contradict theoretical expectations in their direction. Results are discussed in terms of the significance of comparison questions used in polygraph testing.     

State Influence on Small Business Development: Does It Hurt or Help?

It is difficult for our compatriots—living under conditions ruled by chaos, petty tyranny, and utter lawlessness—to answer this question, not to mention the fact that many today cannot even pose it. What does the word "church" mean? How is it related to Him whom we call Christ?     

Expert Testimony Regarding Child Witnesses: Does It Sensitize Jurors to Forensic Interview Quality?

Does expert testimony on forensic interviews with children help adults distinguish between poorly conducted and well-conducted interviews? This study evaluates the effects of social framework expert testimony regarding child witnesses in a case involving allegations of child sexual abuse. A 2 (Expert Testimony: present or absent) × 3 (Child Forensic Interview Quality: poor, typical, or good) × 2 (Child’s Age: 4- or 10-year-old) factorial design was used to examine whether expert testimony is prejudicial or beneficial to jurors (N = 463). The results revealed that, without expert testimony, mock jurors did not consider the forensic interview quality when reaching a verdict. However, with expert testimony, mock jurors were more likely to render guilty verdicts if the interview quality was good versus poor. Further expert testimony increased mock jurors’ knowledge about child witnesses. These findings suggest that expert testimony related to the impact of interview techniques on the reliability of children’s reports may assist fact-finders in evaluating child abuse cases.     

Validation of the Millon Clinical Multiaxial Inventory for Axis II Disorders: Does It Meet the Daubert Standard?

Law and Human Behavior - Relevant to forensic practice, the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993) established the boundaries for the admissibility of scientific...     

“Worth It If It Saves Just One Life”? Ethical Reservations Regarding AMBER Alert

This article provides an exploratory ethical critique of the AMBER Alert system. Using illustrative examples of actual AMBER Alerts and the public discourse regarding them, it notes potentially problematic impacts on victims and/or offenders, and investigation of child abduction cases, as well as the public discourse about the system in particular and threats to children in general. None of these issues have been adequately addressed either by system operators in their public portrayals of the system or rigorous research as to their practical impacts, or in the suggestion of possible remedies. At the heart of the open and unresolved ethical quandaries confronting the AMBER Alert system lies a failure on the part of system operators and supporters to acknowledge apparent limits to the system's effectiveness, and an exaggeration of its capacities in the absence of adequate evidence, which should be sought in earnest through rigorous research. The article argues that system operators should discuss AMBER Alert more candidly and downplay expectations to avert at least some of the problems its facile portrayal can engender. The article also provides directions for future research on the system—research which could either show some of the ethical reservations that are cited to be moot, or reveal ways they could be resolved.     

Does Fault Matter?

In this article, I try to go beyond the traditional objections to strict liability public welfare offenses and confront other possible justifications for punishing non-culpable conduct. Specifically, I consider the following arguments:

• Penalties for public welfare offenses are punishment by name only, thus traditional justifications for punishment are not needed;
• Even if those penalties are punishment, punishing those who produce or threaten significant harm to others is not necessarily unjust; and
• Even if such punishment is not entirely just, it is consistent with other widely accepted criminal law doctrines.

     

It is the worst time in living history to be a law graduate: or is it? Does Australia have too many law graduates?

According to the Australian legal profession and media, law schools are producing too many graduates relative to the number of vacancies within the profession. This claim, however, is hardly new. This paper identifies a number of junctions at which there has been concern about the overproduction of law graduates, showing that this discourse appears during periods of major economic stress. It also shows that until the most recent episode of concern, the perception that there are too many law graduates relative to employment opportunities has not been supported by empirical evidence. In the past, the increasing supply of law graduates has been met with increasing demand. However, the legal profession is now facing unprecedented market competition and restructure, and opportunities in the profession for new graduates have declined. This still does not mean that the law schools are producing too many graduates. The current cohort of graduates is likely to continue into a professional occupation, although not necessarily in private legal practice, and there is a lack of lawyers working in disadvantaged communities.     

<Emphasis Type="Italic">It’s Right,It Fits,We Debated,We Decided,I Agree,It’s Ours,and It Works</Emphasis>: The Gathering Confluence of Human Rights Legitimacy

How should we understand human rights and why might we respect them? The current literature – both philosophical and historical – presents a barrage of conflicting accounts, including moral, functional, deliberative, legal, consensual, communitarian and pragmatic approaches. I argue that each approach captures a unique, common-sense – and, in principle, compatible – insight into why human rights warrant respect. Acknowledging this compatibility illuminates the myriad different avenues for legitimacy human rights enjoy, and provides a historical window into explaining how human rights rose to become the international community’s ethical lingua franca. The depth and spread of convergence on human rights proved possible precisely because myriad people the world over found a wealth of disparate reasons for rallying under its banner. But even as human rights enjoy seven distinct sources of legitimacy, I argue that they are thereby opened for normative challenge on seven distinct fronts.     

Does fair anonymization exist?

Anonymization is viewed as an instrument by which personal data can be rendered so that it can be processed further without harming data subjects' private lives, for purposes that are beneficial to the public good. The anonymization is fair if the possibility of re-identification can be practically excluded. The data processor does all that he or she can to ensure this. For a fair anonymization, simply removing the primary personal identification data, such as the name, resident address, phone number and email address, is not enough, as many papers have warned. Therefore, new guidance documents, and even legal rulings such as the HIPAA Privacy Rule on de-identification, may improve the security of anonymization. Researchers are continuously testing the efficiency of the methods and simulating re-identification attacks. Since the US and Canada do not have a population registry, re-identification experiments were carried out with the help of other publicly available databases, such as census data or the voters' database. Unfortunately, neither of these is complete and sufficiently detailed, so the computed risk was only an estimate. The author obtained the zip code, gender, date of birth distribution data from the Hungarian population registry and computed re-identification risks in several simulated cases. This paper also gives an insight into the legal environment of Hungarian personal medical data protection legislation.     

Does Treatment Quality Matter?

Research Summary

The Florida Department of Juvenile Justice has implemented a process to evaluate the treatment quality of interventions provided statewide in all long‐term residential programs. In the current study, we examine the predictive validity of this treatment quality component in the prediction of recidivism of youth (N = 2,397) who completed juvenile justice residential programs from July 1, 2013 to June 30, 2014. We use hierarchical linear modeling to assess the effects of treatment quality (as youth are nested within programs), controlling for demographic and criminal history factors. The results indicate that higher average treatment quality scores of interventions received within a residential program decreased the likelihood of subsequent arrest, conviction, and reincarceration, whereas the highest treatment quality score of any specific intervention provided within the program decreased the odds of reincarceration only.

Policy Implications

In this study, we confirm the importance of fidelity and implementation quality in the provision of crime prevention treatment interventions to serious, deep‐end juvenile offenders. Additionally, our results shed light on the ability of a juvenile justice agency to measure treatment quality in a substantively meaningful way with the use of limited additional resources. The services provided to keep communities safe, prevent future offending, and rehabilitate juvenile offenders must be held accountable for producing such outcomes, and one method of measuring such compliance is to evaluate the quality of the interventions with respect to staff training, fidelity adherence, evaluation, and corrective action processes.     

Does Incapacitation Reduce Crime?

Questions and answers about incapacitation abound in all discussions about criminal justice policy. They are among the most pressing of all research issues, yet estimates about the incapacitation effect on crime vary considerably, and most are based on very old and incomplete estimates of the longitudinal pattern of criminal careers. This paper provides an overview of the incapacitation issue, highlights information on recent estimates of criminal careers that are useful to the incapacitation model, and outlines an ambitious research agenda for continued and expanded work on incapacitation and crime that centers on developing better estimates of the characteristics of criminal careers and their relevance to policy choices.

“Does Contain” vs. “Does Not Contain”: Does it Matter which GMO Label is Used?

An analytical framework where heterogeneous consumers are imperfectly informed about product content is used to investigate the welfare effects of a public labeling system. Although a mandatory label that reads Does Contain or one that reads Does Not Contain genetically modified organisms (GMOs) provides information for both the labeled and the unlabeled goods, there is no reason why these labels should cause the same welfare effects. This paper shows that the two labels imply different distortions due to the associated cost of labeling. It is shown that the label Does Contain should be used if the ratio of consumers with a strong reluctance for consuming GMO goods to indifferent consumers is high, while the label Does Not Contain should be used if this ratio is low. Given the findings, the authors argue that current labeling differences in various countries need not be the result of protectionist trade regulations.     

Identifying Insanity Acquittals: Is It Any Easier?

Law and Human Behavior - Following the highly publicized insanity acquittal of John Hinckley in 1982, legislators throughout the country attempted to reform the insanity defense. At the time,...     

A Commentary on the MND Model and the Boone Critique: “Saying It Doesn’t Make It So”

We appreciate Boone’s (2011, this issue) critique of Rogers, Bender, and Johnson’s (2011, this issue) analysis of the Malingered Neurocognitive Dysfunction (MND) criteria. She raised good points and appeared in general agreement regarding several crucial limitations of the MND model. However, Boone remained mostly silent on several issues including the compelling results from our methodological review of MND studies and Criteria A through D. When provided, her comments tended to be very selective and were often presented with little or no empirical support. This contrasting pattern of strong statements and weak evidence appears to unintentionally parallel the MND model, which was documented in our original analysis. As a result of her criticism, however, we clarified our point regarding methodological limitations in establishing levels of TBI and its potential relevance to determinations of feigned cognitive impairment. We hope that these spirited discussions will stimulate a much-needed review and a fundamental revamping, if not replacement, of the MND model.