Redesigning the Family Law System to Promote Healthy Families

Family law professionals should be proactive in seeking and implementing constructive reforms. We identify some successful cutting‐edge reforms: (1) family resource centers, where all kinds of needs can be met; (2) informal family law trials, which streamline clogged calendars and provide an empowering and efficient forum; (3) licensed legal technicians, who increase public access to legal services; and (4) unbundled family law services. Second, we outline a protocol for implementation of reform developed by the Oregon Task Force on Family Law which is effective and replicable. Thoughtful reform of dispute resolution processes will serve family health and promote peace.

Key Points for the Family Court Community:
• Evolving family constellations, private ordering through pre‐ and postmarital agreements, an increase in self‐represented litigants, and shrinking judicial resources are changing family law dramatically.
• Thoughtful, practical process reforms are needed in order to accommodate these changes.
• Practitioners should be proactive about seeking out and implementing such reforms.
• Some reforms already finding success include family relationship resource centers, informal domestic relations trials, licensed legal technicians, and unbundled legal services.
• We outline a protocol with a proven track record of success for implementing cutting‐edge family law reform.

     

Gender and Publication Patterns: Female Authorship Is Increasing,But Is There Gender Parity?

Women's authorship has historically been underrepresented in criminal justice publications. The current study updates previous research by examining the authorship patterns of articles published in 8 criminological journals spanning 2007 to 2013. Women's representation increased from earlier rates but remained below that of their male contemporaries. This growth corresponded with general trends of increasing coauthorship, suggesting that the recent gains in women's representation do not indicate decreases in gender disparities. Men also were more likely to have sole-authored articles and be lead authors in papers coauthored by men and women. In addition, the vast majority of articles included at least 1 male author, and far fewer included a female giving men a larger visual presence. Gender representation also varied considerably between mainstream/traditional journals and 2 gender-specialized journals.     

Complex scientific testimony: How do jurors make decisions?

Critics of the civil jury system question whether jurors can adequately evaluate complex expert testimony. Based on current models of research in persuasion, we hypothesized that when expert testimony is complex, factors other than content will influence persuasion. Participants, serving as mock jurors, watched a videotaped trial in which two scientists provided evidence on whether PCBs could have caused a plaintiff's illness. The complexity of the expert's testimony and the strength of the expert's credentials were varied in a 2×2 factorial design. After watching the videotape, mock jurors rendered a verdict and completed a number of attitude measures related to the trial. Overall, consistent with our prediction, we found that jurors were more persuaded by a highly expert witness than by a less expert witness, but only when the testimony was highly complex. When the testimony was less complex, jurors relied primarily on the content of that testimony, and witness credentials had little impact on the persuasiveness of the message.     

Professional attitudes regarding treatment and punishment of incest: Comparing police,child welfare,and community mental health

Brief case histories involving incest were presented to police officers, child welfare workers, and community mental health practitioners in a rural area in Canada. Intervention priorities involving “treatment versus punishment” were assessed across the three professional groups for each specific case vignette. Attitudes were assessed on three factors: perpetrator mentally ill rather than criminal, view regarding treatment of victims and mothers, and support for court mandated treatment. Police and community mental health practitioners had significantly different attitudes as to whether perpetrators of child sexual abuse should be viewed more as criminals or as mentally disturbed. Both mental health and child welfare staff differed significantly from police with a less punitive view towards victims and their mothers. All three profressional groups showed no difference in their modest endorsement of the use of mandated treatment by the courts. Gender was not found to influence response to case vignettes.     

Knowledge of police and court procedures and respect for the law a survey

Data were collected measuring knowledge of procedures and civil liberty protections in the juvenile justice system. In addition, questions from the Rundquist-Sletto Respect for Law Scale were used to assess attitudes toward the system. Three hundred ninety-six subjects, selected through stratified random sampling, were instructed to answer twenty-eight forced-choice questions on procedures and six Guttman-type scale questions on attitudes toward authority, all presented in the context of a brief scenario. Subjects were also asked to indicate age, sex, race, and previous arrest. Several questions were identified as applications of the Miranda decision, and the hypothesis was confirmed that these would be most often answered correctly by all subjects.A brief survey of the development of a separate juvenile justice system is presented. The authors concluded that by relying on informal channels of communication about its role, the court does not meet its obligation to educate the public.