Relationship Between Self‐Injurious Behaviors and Levels of Aggression in Children and Adolescents Who Were Subject to Medicolegal Examination,

Aggression, which is defined as a behavior causing harm or pain, is a behavioral pattern typically expected in children and adolescents who are involved in criminal activities. The aim of this study was to examine the relationship between aggression and self‐injurious behavior (SIB) in children and adolescents. The study was performed in 295 cases which were sent for medicolegal examination. The mean age of the subjects was 14.27 ± 1.05 years (age range 10–18 years). The aggression levels of the subjects were determined using the Aggression Questionnaire (AQ), which is an updated form of the Buss‐Durkee Hostility Inventory. The mean total AQ score of the subjects with and without SIB was 78.04 ± 21.0 and 62.75 ± 18.05, respectively (p < 0.01). There were significant statistical differences between the two groups with respect to their subscale scores (p < 0.01). It was concluded that the levels of aggression increased in children and adolescents who were involved in criminal activities when the SIBs increased.     

Libertarian Paternalism,Externalities, and the “Spirit of Liberty”: How Thaler and Sunstein Are Nudging Us toward an “Overlapping Consensus”

In their 2008 book Nudge: Improving Decisions about Health, Wealth, and Happiness, Richard Thaler and Cass Sunstein use research from psychology and behavioral economics to argue that people suffer from systematic cognitive biases. They propose that policy makers mitigate these biases by framing people's choices in ways that help people act in their own self‐interest. Thaler and Sunstein call this approach “libertarian paternalism,” and they market it as “the Real Third Way.” In this essay, I argue that the book is a brilliant contribution to thinking about policy making but that “choice architecture” is not just a solution to the problem of cognitive biases. Rather, it is a means of approaching any kind of policy making. I further argue that policy makers must take externalities into account, even when using choice architecture. Finally, I argue that libertarian paternalism can best be seen as motivated by what Sunstein has celebrated in his work on constitutional theory: a humility about the possibility of policy‐maker error embodied in Learned Hand's famous aphorism about the “spirit of liberty” and an attempt to reduce social conflicts by searching for what John Rawls called an “overlapping consensus.”     

FRIENDS WITH MY FUTURE SELF: LONGITUDINAL VIVIDNESS INTERVENTION REDUCES DELINQUENCY

In a field experiment, we use a novel method to test whether instilling a greater sense of vividness of the future self motivates people to act in a more future‐oriented way and reduces their delinquent involvement. We manipulate vividness of the future self by having participants, a sample of high‐school youth (N = 133), “befriend” an avatar representing their future self on a social network website. For 7 days, they reply to short messages from their future self designed to trigger thinking about that distant self. Using repeated‐measures analysis of variance (ANOVA), we find that participants who had been linked to their future self report less delinquent involvement, whereas controls did not. Furthermore, the results of a nonparametric bootstrapping procedure show that this effect is mediated by changes in vividness of the future self, such that increases in vividness lead to lower self‐reported delinquency. We conclude that vividness of the future self holds promise not only as a cognitive explanation for the failure to make informed cost–benefit trade‐offs but also for interventions aiming to reduce delinquency.     

CAN SELF‐CONTROL CHANGE SUBSTANTIALLY OVER TIME? RETHINKING THE RELATIONSHIP BETWEEN SELF‐ AND SOCIAL CONTROL*

The primary goals of this study were to test the long‐term stability thesis of Gottfredson and Hirschi's (1990) general theory of crime and to examine the relationship between self‐control and social control over time. The data come from a field experiment where the “treatment” consisted of an intentional effort to improve the childrearing behaviors of a sample of caregivers whose children were at high risk of criminal behavior. Caregivers in the control condition were given no such training. The intervention occurred when all subjects were in the first grade (mean age: 6.2 years old), and we have measurements on self‐control and the social control/bond for each subject from grades 6 to 11 (mean ages: 12 to 17 years old). Both a hierarchical linear model and a second‐order latent growth model identified meaningful differences in the growth pattern of self‐control among individuals in the pooled sample and a difference in the growth parameters for self‐control and the social control/bond over time between the treatment and control groups. Both findings are inconsistent with Gottfredson and Hirschi's stability of self‐control hypothesis. The same patterns persisted when different analytic techniques and model specifications were applied, which suggests that the results are not an artifact of measurement error, model specification, or statistical methods. Structural equation modeling using the panel design of the data was better able to disentangle the long‐term relationship between self‐ and social control—a relationship that was found to be more dynamic than previously hypothesized.     

On Two Distinct and Opposing Versions of Natural Law: “Exclusive” versus “Inclusive”

Abstract. This paper takes the dichotomy between “exclusive” and “inclusive” positivism and applies it by analogy to natural‐law theories. With John Finnis, and with Beyleved and Brownsword, we have examples of “exclusive natural‐law theory,” on which approach the law is valid only if its content satisfies a normative monological moral theory. The discourse theories of Alexy and Habermas are seen instead as “inclusive natural‐law theories,” in which the positive law is a constitutive moment in that it identifies moral rules and specifies their meaning. The article argues that inclusive theories of natural law are better suited to expressing an authentic “republican” attitude. *

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The “Right Paper”: Developing Legal Literacy in a Legal Self‐Help Clinic

Legal self‐help is the fastest‐growing segment of legal services in the United States, and a significant addition to the repertoire of programs aimed at opening up access to justice in the civil legal system. Few studies, however, have examined how such services work in practice. Through ethnographic research and analysis of meetings between unrepresented litigants and attorneys offering advice in a legal self‐help clinic, this article expands the empirical investigation of access to justice to consider what legal self‐help looks like in actual practice. In this article, I follow the concept of the “right paper” to analyze the process through which legal self‐help litigants develop legal literacy, including the role of lawyers in helping them to do so. The article concludes by discussing what such practices reveal about recent efforts to open up access to justice and also about the dynamics through which people come to think about law and, especially, how to use it.     

“Tampering to Death”: A Fatal Codeine Intoxication Due to a Homemade Purification of a Medical Formulation

Many homemade tamper processes of medical codeine formulations are available on selected “forums” on the Internet, where recreational codeine users claim to be able to purify codeine by removing additives, such as acetaminophen, to avoid or limit adverse effects. In this work, it is reported and discussed a fatal case of codeine intoxication. The findings of objects such as jars, filters, and tablets, and amounts of unknown liquid material at the death scene investigation suggested a fatal codeine intoxication after the tampering procedure called “cold water extraction.” Toxicological results obtained from the analysis of both the nonbiological material and the body fluids of the decedent integrated with the information collected at the death scene investigation confirmed the above‐mentioned hypothesis. This report underlines the importance of a tight interconnection between criminalistics and legal medicine to strengthen the identification of the cause of death and the reconstruction of the event.     

THE SELF‐REPRESENTED LITIGANT: IMPLICATIONS FOR THE BENCH AND BAR

It is widely accepted that the number of self‐represented litigants has skyrocketed nationwide, especially in family law cases. Although nationwide comprehensive data on the number of self‐represented litigants do not exist, anecdotal evidence supports the belief that self‐representation is increasing. The challenge for courts and the entire legal profession is how to respond. Most observers in Indiana would agree that the traditional model of family law litigation—both spouses represented by lawyers settling their disputes before a judge—is no longer the norm in family law cases. Judges face a dilemma: assisting a self‐represented litigant to level the playing field against a represented party is seen by many as violating impartiality, even if the assistance is rendered to create a just result. In an effort to address the situation, the Indiana Supreme Court created the Pro Se Advisory Committee in April 2001. This article explores the long‐range implications of the issue of self‐represented litigants on Indiana's court system in hope that it will provide some insight for other jurisdictions. The first part of the article addresses the numbers of self‐represented litigants by tracking growth or declines in self‐represented cases and assessing whether there are any pockets of self‐represented litigants geographically or in certain case types. The second part of the article puts Indiana into context with the rest of the nation and reviews national trends. The third section reviews Indiana's response to self‐represented litigants over the last decade. The fourth section reviews current and ongoing projects in Indiana. The article concludes that the issue of self‐represented litigants will not fade away and that the challenge that guides the legal profession is how we provide equal access to justice for all who enter our courthouses.     

EXPLAINING THE ACADEMIC PERFORMANCE‐DELINQUENCY RELATIONSHIP*

We use data from the National Education Longitudinal Survey to examine the relationship between academic performance and delinquency. We estimate the effects of grades in tenth grade on delinquency in twelfth grade, and then introduce controls for social bonds and self‐control (teacher‐rated effort). The findings indicate that the feedback that adolescents receive in the form of grades does not affect their delinquent behavior, that academic performance and delinquency have instead a spurious relationship. Our evidence suggests that this relationship is attributable primarily to the effects of individual differences in self‐control, not to those of social bonds.     

Machiavelli,Guicciardini and the “Governo Largo”

Niccolò Machiavelli's support for what he calls governo largo, or popular government, is usually contrasted with the diffidence towards it of Francesco Guicciardini, the Florentine aristocrat. The article argues that both these authors grounded their vision on Polybius' theory of “mixed government,” though adapting it in different directions. In examining this difference, the article reaches the conclusion that it concerns far less the degree of popular participation in political decision‐making and government than the value that Machiavelli and Guicciardini respectively ascribe to it in comparison with that of safety‐liberty (or legal certainty). In this respect, their theories may be viewed as anticipating the tensions between democracy and the rule of law, the co‐presence of which provides the essential foundation of the structure of present‐day constitutional democracies.     

BEYOND ADOLESCENCE‐LIMITED CRIMINOLOGY: CHOOSING OUR FUTURE—THE AMERICAN SOCIETY OF CRIMINOLOGY 2010 SUTHERLAND ADDRESS*

For over a half century, criminology has been dominated by a paradigm—adolescence‐limited criminology (ALC)—that has privileged the use of self‐report surveys of adolescents to test sociological theories of criminal behavior and has embraced the view that “nothing works” to control crime. Although ALC has created knowledge, opposed injustice, and advanced scholars’ careers, it has outlived its utility. The time has come for criminologists to choose a different future. Thus, a new paradigm is needed that is rooted in life‐course criminology, brings criminologists closer to offenders and to the crime event, prioritizes the organization of knowledge, and produces scientific knowledge that is capable of improving offenders’ lives and reducing crime.     

SETTLEMENT‐FOCUSED PARENTING PLAN CONSULTATIONS: AN EVALUATIVE MEDIATION ALTERNATIVE TO CHILD CUSTODY EVALUATIONS

The divorce mediation field has recently seen the development of several “hybrid” alternative dispute resolution approaches to child custody disputes. The “settlement‐focused parenting plan consultation” (SFPPC) is a form of evaluative mediation, conducted by a “parenting plan consultant” (PPC), who possesses the combined expertise of a mediator and child custody evaluator. This hybrid model is a more expedient and considerably less expensive approach than a child custody evaluation, but preserves the hallmark mediation principle of self‐determination. The article describes the theory underlying the SFPPC, delineates the role requirements, procedures, and techniques of the parenting plan consultant, and addresses legal and ethical issues.     

PSYCHOLOGICAL,NEUROPSYCHOLOGICAL AND PHYSIOLOGICAL CORRELATES OF SERIOUS ANTISOCIAL BEHAVIOR IN ADOLESCENCE: THE ROLE OF SELF‐CONTROL*

Gottfredson and Hirschi claim that self‐control is the only enduring personal characteristic implicated in criminal activity. Other scholars, such as Moffitt and Rowe, claim that although self‐control is important, so are neuropsychological and physiological factors. This study attempts to adjudicate between these two positions by examining the ways in which neuropsychological factors, especially those relevant to executive function, biological factors, especially those relevant to autonomic reactivity, and self‐control interrelate to distinguish between offenders and nonoffenders. Data were obtained from adolescents attending public high schools in northern California and adolescents incarcerated in the California Youth Authority. Serious juvenile offenders evince lower resting heart rate, show poorer performance on tasks that activate cognitive functions mediated by the prefrontal cortex, especially those measuring spatial working memory, and score lower on measures of self‐control. Regression analyses indicated that although variations in self‐control distinguish between the two groups, so too do neuropsychological and biological factors, a result that both supports and refutes Gottfredson and Hirschi's contention. In contrast, variation in minor delinquency among high school students is unrelated to frontal lobe functioning and heart rate, but related to variations in self‐control.     

Becoming “Copwise”: Policing,Culture, and the Collateral Consequences of Street‐Level Criminalization

Over the last four decades, the United States has witnessed a historic expansion of its criminal justice system. This article examines how street‐level criminalization transforms the cultural contexts of poor urban communities. Drawing on five years of fieldwork in Los Angeles’ Skid Row–the site of one of the most aggressive zero‐tolerance policing campaigns to date–the study finds that residents develop and deploy a particular cultural frame–“cop wisdom”–by which they render seemingly‐random police activity more legible, predictable, and manipulable. Armed with this interpretive schema, “copwise” residents engage in new forms of self‐presentation in public, movement through the daily round, and informal social control in order to deflect police scrutiny and forestall street stops. While these techniques allow residents to reduce unwanted police contact, this often comes at the expense of individual and collective well‐being by precluding social interaction, exacerbating stigma, and contributing to animosity in public space.     

Lawyers for God and Neighbor: The Emergence of “Law as a Calling” as a Mobilizing Frame for Christian Lawyers

Drawing on movement framing, collective identity, and mobilization scholarship, this article examines the emergence and potential effects of framing “law as a calling” for the Christian Lawyering community. The article finds that the term should have strong resonance and salience in the broader Christian community. It also finds that because of its interpretive malleability, “law as a calling” has been discussed and actualized in three related, but distinct, ways. That is, “law as a calling” has been conceptualized as requiring Christian Lawyers to turn inward, turn outward by pursuing social justice, and turn outward as a culture warrior. The article argues that while the different interpretations of “law as a calling” address a range of needs required to mobilize potential and existing Christian L/lawyers, the different ideological factions of self‐identifying Christian Lawyers emphasize different understandings of “law as a calling.”     

DO PARENTS MATTER IN CREATING SELF‐CONTROL IN THEIR CHILDREN? A GENETICALLY INFORMED TEST OF GOTTFREDSON AND HIRSCHI'S THEORY OF LOW SELF‐CONTROL*

Gottfredson and Hirschi's general theory of crime (1990) has generated an abundance of research testing the proposition that low self‐control is the main cause of crime and analogous behaviors. Less empirical work, however, has examined the factors that give rise to low self‐control. Gottfredson and Hirschi suggest that parents are the sole contributors for either fostering or thwarting low self‐control in their children, explicitly discounting the possibility that genetics may play a key role. Yet genetic research has shown that ADHD and other deficits in the frontostriatal system are highly heritable. Our research thus tests whether “parents matter” in creating low self‐control once genetic influences are taken into account. Using a sample of twin children we find that parenting measures have a weak and inconsistent effect. We address the conceptual and methodological issues associated with the failure to address genetic influences in parenting studies.     

THE “END” OF MARRIAGE*

This article addresses four different meanings of the “end” of marriage. It rejects the broad interpretive assertion that Lawrence v. Texas and Goodridge v. Department of Public Health signal the destruction of the institution of marriage, though both are criticized for politicization and feeble legal analysis. Those decisions have provoked a backlash that may contribute to a rediscovery of and re‐valuation of the importance of the institution of (conjugal) marriage, as passage of state marriage amendments suggests. If Goodridge and Lawrence show that genderless unions are the ultimate form of marriage, they would lead to the end of democratic society as well as of the institution of marriage. The fragmentation of marriage by reduction to functional relationships is myopic. While current developments may make it harder for the institution of marriage to thrive, the institution of marriage is “here to stay.”     

The association of distress and denial of responsibility with maladaptive personality traits and self‐esteem in offenders

This study aimed to examine the relationship of offenders' distress and responsibility with maladaptive personality traits, self‐esteem, and offence‐type. It also further validated the Distress and Responsibility Scale (DRS; Xuereb et al., 2009a, Pers. Individ. Diff., 46, 465). A new sub‐scale measuring social desirability was included and assessed in the DRS. Maladaptive personality traits and self‐esteem were measured in relation to the following predictions: (1) that maladaptive personality traits would positively correlate with distress (2) that self‐esteem would negatively correlate with distress and acknowledging responsibility. The sample was 405 male sexual, violent, and general offenders from a UK prison. Participants anonymously completed a questionnaire measuring the variables under investigation. The factor‐structure of the DRS was confirmed via Confirmatory Factor Analysis after minor changes. No significant differences in distress and denial of responsibility were found between sexual, violent, and general offenders. Maladaptive personality traits positively correlated with chronic and offence‐related distress, chronic self‐blame, and minimization of offence harm. Chronic and offence‐related distress and responsibility negatively related to self‐esteem. The study concludes that the DRS has reached stability, and that the social desirability scale increases the measure's validity. Assessment and treatment for offence‐related distress and denial of responsibility should be offered to all offence groups. Offenders would benefit from structured interventions to manage difficulties associated with maladaptive personality traits, including chronic distress and self‐blame. Finally, it was concluded that self‐esteem might serve a self‐defensive function for offenders.     

COMPARING DELINQUENCY CAREERS IN COURT RECORDS AND SELF‐REPORTS*

Most knowledge about delinquency careers is derived from official records. The main aim of this paper is to compare conclusions about delinquency careers derived from court referrals with conclusions derived from self‐reports. Data are analyzed from the Seattle Social Development Project, which is a prospective longitudinal survey of 808 youths. Annual court and self‐report data were available from age 11 to age 17 for eight offenses. The prevalence of offending increased with age, in both court referrals and self‐reports. There was a sharp increase in the prevalence of court referrals between ages 12 and 13, probably because of the reluctance of the juvenile justice system to deal with very young offenders. The individual offending frequency increased with age in self‐reports, but it stayed constant in court referrals, probably because of limitations on the annual number of referrals per offender. There was significant continuity in offending in both court referrals and self‐reports, but continuity was greater in court referrals. The concentration of offending (and the importance of chronic offenders) was greater in self‐reports. An early age of onset predicted a large number of offenses in both self‐reports and court referrals. However, an early onset predicted a high rate of offending in court referrals but not in self‐reports, possibly because very young offenders who were referred to court were an extreme group. About 37% of offenders and 3% of offenses led to a court referral. The more frequent offenders were less likely to be referred to court after each offense, but most of them were referred to court sooner or later. There was a sharp increase between ages 12 and 13 in the probability of an offender and an offense leading to a court referral. It is concluded that criminal career research based on self‐reports sometimes yields different conclusions compared with research based on official records.     

SELF‐CONTROL AND VICTIMIZATION: A META‐ANALYSIS

A consequential development in victimization theory and research was the idea that individuals with low self‐control self‐select into the various risky behaviors that may ultimately result in their victimization. To establish the empirical status of the self‐control–victimization link, we subjected this body of work to a meta‐analysis. Our multilevel analyses of 311 effect size estimates drawn from 66 studies (42 independent data sets) indicate that self‐control is a modest yet consistent predictor of victimization. The results also show that the effect of self‐control is significantly stronger when predicting noncontact forms of victimization (e.g., online victimization) and is significantly reduced in studies that control directly for the risky behaviors that are assumed to mediate the self‐control–victimization link. We also note that the studies assessing self‐control and victimization are not representative of victimization research as a whole, with intimate partner violence (IPV), violence against women, and child abuse being severely underrepresented. We conclude that future research should continue to examine the causal processes linking self‐control to victimization, how self‐control shapes victims’ coping responses to their experience, and whether self‐control matters in contexts where individuals may have limited autonomy over the behavioral routines that put them at risk for victimization.