STATE SUPREME COURT APPLICATIONS OF TROXEL v. GRANVILLE AND THE COURTS' RELUCTANCE TO DECLARE GRANDPARENT VISITATION STATUTES UNCONSTITUTIONAL

In this article, the author reviews state supreme court applications of Troxel v. Granville , analyzing the impact of the decision on the courts' ongoing efforts to adjudicate visitation disputes between parents and grandparents. Set against a background of legislative recognition of grandparents' rights and judicial uncertainty regarding the appropriate role of nonparents in children's lives, Troxel reaffirmed the constitutional right of parents to direct their children's upbringing. The author argues that state supreme courts evaluating gradparent visitation statutes and seeking to enforce Troxel 's presumption in favor of parents should be more willing to strike down overly broad statutes. Such an approach would be a positive step toward addressing the excessive judicial discretion that the Troxel Court found so problematic, and would signal to state legislatures the need for statutes that both provide for the needs of children and protect parental rights.     

Similarities and Differences in Victimization Risk Factors for Nonoffending and Offending Substance Users

In this cross-sectional study of substance users in Norway, the authors describe the patterns of victimization and investigate the factors associated with victimization, for nonoffenders and offenders separately. Recent victimization was reported by 59%, and the victimization rate was higher among offenders compared with nonoffenders (69% and 43%, p < .001). Women, regardless of offender status, experienced more victimization. Unstable housing was associated with victimization among nonoffenders, whereas markers for more severe substance use and indicators for poor mental health were associated with victimization in both groups. Addressing these factors may be important in reducing victimization and its negative outcomes among substance users.     

Violence in the city that belongs to no one: urban distinctiveness and interconnected insecurities in Nairobi (Kenya)

ABSTRACT

Rapid urbanisation in the global South has prompted attention to the causes and dynamics of urban violence. Yet, much research tends to either analyse urban violence without attention to the broader conflict complexes of which it forms a part, neglecting linkages between different forms of urban violence and between urban and rural dynamics, or conversely study violence in cities without acknowledging the particularities of the urban context. In this article, we conceptualise urban violence, theorise how it is shaped by urban dynamics and explore its manifestations in Nairobi, Kenya. We find that while Nairobi is not uniquely violent inside Kenya, violence takes on distinct urban forms given city-level processes, and also that urban violence has led to policies that increase securitisation and militarisation of the city. Our analysis thus improves knowledge of how criminal and political violence is shaped by and shapes the stability of developing cities.     

Major study commencing into genetic discrimination in Australia

This article describes a nationwide empirical study that will be undertaken during the next three years into the newly emerging phenomenon of genetic discrimination. In particular, the study aims to investigate the nature and extent of genetic discrimination in Australia across three key perspectives: consumers, third parties and the legal system. Further, the study aims to examine the social and legal implications of genetic discrimination, with a view to making recommendations for use in the Australian legal and policy context. It is anticipated that the data produced from this multifaceted investigation will assist in identifying areas where legal or other reforms are required. It will contribute significant baseline data for facilitating ongoing assessment of the nature and extent of the problem, as well as for longitudinal evaluation of the impact and effectiveness of any reforms which may be introduced in the future to address the issue.     

Knowledge of Legal Terminology and Court Proceedings in Adults with Developmental Disabilities

This research compared 40 adults with mild developmental disabilities (DD) and 40 nondelayed adults (ND) in terms of knowledge of legal terms and court proceedings. For all of the 34 terms studied, with the exception of police officer there were significant differences between the DD and ND groups with respect to degree of conceptual understanding of terms. Results indicate that all but 6 terms assessed (adjourn, allegation, crown attorney, defendant, prosecute, and court reporter) were well-defined by 85% or more of ND participants. In contrast, only 8 of the terms (police officer, lawyer, jail, court, lie, truth, judge, and witness) were reasonably conceptually understood by at least 75% of DD participants. Reported familiarity with terms in DD participants is not a reliable indicator of actual familiarity with terms. Results are discussed with respect to the need for education of DD individuals and legal professionals to support participation and fair treatment of DD individuals in legal situations.     

Building the Evidence Base for Intensive Family Preservation Services

This article examines the state of intensive family preservation services (IFPS) research. Using studies of IFPS in five states, this article seeks to establish whether IFPS can be regarded as an evidence-based practice, an increasingly important standard for publicly funded services. While reporting rates of repeat child maltreatment, the analysis uses placement rates as the main outcome measure and compares effect sizes using Cohen's arcsine transformation for data reported as proportions. Significant differences in rates of child out-of-home placement and repeat maltreatment were found in some studies, particularly for higher risk families. The findings also underscore the difficulty of identifying which families to serve (targeting), ensuring treatment fidelity, and employing rigorous and appropriate evaluation methods. Overall, additional research is needed to move IFPS from a promising practice to an evidence-based practice.     

The Relationship Between Child Maltreatment,Intimate Partner Violence Exposure,and Academic Performance

This article presents a longitudinal examination of the association between children's experiences of child maltreatment (CM) and intimate partner violence (IPV), alone and in combination, with children's academic performance. Integrated, administrative data from the Minnesota Departments of Education and Human Services were used to obtain a sample of 2,914 children. Data provided an opportunity to study comparisons of single (CM or IPV) and combined experiences (CM-IPV), longitudinally observe the impact of these experiences on academic functioning, and make comparisons to the general population. Results revealed significant differences in school attendance and math and reading performance by adverse experience. Children exposed to CM and IPV, individually or in combination, underperformed at school. IPV-exposed children had the poorest outcomes. Findings highlight the need for dedicated screening for adverse childhood experiences, particularly IPV exposure, and devoting greater educational and social service resources as a means of promoting future school achievement and adult functioning.