Aggression,science, and law: The origins framework

Human societies have formalized instincts for compliance with reciprocal altruism in laws that sanction some aggression and not other aggression. Neuroscience makes steady advances toward measurements of various aspects of brain function pertinent to the aggressive behaviors that laws are designed to regulate. Consciousness, free will, rationality, intent, reality testing, empathy, moral reasoning, and capacity for self-control are somewhat subject to empirical assessment. The question becomes: how should law accommodate the wealth of information regarding these elements of mind that the science of aggression increasingly makes available? This essay discusses the evolutionary purpose of aggression, the evolutionary purpose of law, the problematic assumptions of the mens rea doctrine, and the prospects for applying the neuroscience of aggression toward the goal of equal justice for unequal minds. Nine other essays are introduced, demonstrating how each of them fits into the framework of the permanent debate about neuroscience and justice. It is concluded that advances in the science of human aggression will have vital, but biologically limited, impact on the provision of justice.     

“How Do I Bring Diversity?” Race and Class in the College Admissions Essay

In the first systematic study of what college applicants invoke when required to submit a diversity essay, we revisit many settled assumptions on both the left and the right about how such an essay would operate after Grutter and Gratz as well as after the passage of anti–affirmative action ballot initiatives. Our data are a sample of 176 diversity essays submitted to the University of Michigan in the immediate aftermath of the University's Supreme Court win, analyzed both qualitatively and quantitatively with special attention to the differences that the essay writer's race and class position make. We find that in many respects the essays are similar when written by applicants from similar backgrounds but different races, and that conservative critics were wrong to assume the essay would function simply as a way of announcing oneself as an under‐the‐table affirmative action candidate. Rather than suggesting a straightforward lineup of advantage and disadvantage, we suggest rather that the essay is a vehicle for the youngest generation of citizens to both receive and send back a new conception of difference that has some essentializing elements but overall is turning in a postracial, cosmopolitan direction.     

A multivariate investigation of dating aggression

This study investigated the following variables for their unique and combined contributions to dating aggression: exposure to aggression in the family of origin (witnessing interparental aggression or being the victim of aggressive parenting); attitudes justifying dating aggression (when humiliated or in selfdefense); child-to-parent aggression; child sexual abuse; violent sexual victimization; alcohol use; and socioeconomic status. One hundred and eleven male and 179 female undergraduates reported on their own aggressive behaviors directed toward dating partners. Together, the predictor variables accounted for 41% of the variance in male-to-female aggression but only 16% of the female-to-male aggression. Humiliation, as a justification for dating aggression, contributes to the prediction of both males' and females' dating aggression, while self-defense, although a highly endorsed condition for justifying dating aggression, does not predict actual aggressive behavior. Exposure to interparental aggression plus the product between exposure and humiliation contribute to the prediction of males' dating aggression but exposure does not play a role in females' dating aggression. Violent sexual victimization contributes unique variance to both males' and females' dating aggression. The present data highlight the importance of examining specific circumstances under which males and females justify dating aggression and how such attitudes condoning aggression affect actual behaviors.     

Understanding motives for aggression in forensic psychiatric patients: a preliminary study

The primary aim of this study was to explore motivations underpinning aggression among men detained within conditions of high security. Thirty men residing at a high secure psychiatric hospital completed self-report measures, including the Aggression Motivation Questionnaire, Revised EXPAGG and Barratt Impulsiveness Scale-IIr. The Historical items of the Historical, Clinical and Risk-Management (HCR-20) and the Psychopathy Checklist-Screening Version were rated. A subsample of participants agreed to complete a functional assessment on an aggressive incident that had occurred during their placement (n = 9). Increased psychopathy and impulsivity, and the presence of historical risk items were predicted to associate with higher levels of both aggression motivation and beliefs supportive of aggression. Young age at first violent incident and personality disorder related positively to aggression motivation. Thematic analysis conducted on the functional assessments identified social recognition, emotion regulation, communication and protection as functions underpinning aggression. Results are discussed with regards to their implication for violence treatment and assessment, with a focus on motivation recommended.     

Reflections on Henry Ford's War on Jews

Woeste, Victoria Saker. 2012 . Henry Ford's War on Jews and the Legal Battle Against Hate Speech . Stanford, CA: Stanford University Press. This essay provides an introduction to and overview of four essays that emerged from an “Author Meets Readers” session at the 2013 Annual Meeting of the Law and Society Association, considering Victoria Saker Woeste's book, Henry Ford's War on Jews and the Legal Battle Against Hate Speech. Three essays are authored by panelists (Aviam Soifer, Carroll Seron, and Clyde Spillenger) and a final essay is provided by Woeste. The essays explore larger themes suggested by the book, including what the involvement of Louis Marshall reveals about the rise and role of spokespeople purporting to represent Jewish interests; whether the arc of Aaron Sapiro's education and career challenges our understandings of the development of the legal profession in the late nineteenth and early twentieth centuries; and how the law of group libel intersected with government attempts to regulate hate speech during the twentieth century. Woeste ends the symposium with a reconsideration of Henry Ford's War and how it fits into the new civil rights history.     

Disturbed sleep as a risk factor for aggression in prisoners with a psychotic illness: a brief report

The objective of the present study is to examine whether a relationship exists between disturbed sleep and aggression in 19 male prisoners with a psychotic illness, incarcerated in the Penitentiary Psychiatric Centre in Amsterdam, the Netherlands. The sleep–wake rhythm was indirectly assessed by means of actigraphy. The results show that nocturnal restlessness was a significant predictor of aggression/agitation with a large effect size (R^2?=?.639, adjusted R²?=?.536). It was concluded that future research should focus on nocturnal restlessness as a possible cause of aggression in this population.     

Cognitive tempo,violent video games,and aggressive behavior in young boys

In a factorial design, impulsive and reflective children played video games with aggressive or nonaggressive themes. Interpersonal aggression and aggression toward inanimate objects were assessed in a free-play setting and interpersonal aggression was assessed during a frustrating situation. Results indicated that subjects who played the video game with aggressive content exhibited significantly more object aggression during free-play and more interpersonal aggression during the frustrating situation than youngsters who played nonaggressive video games. Aggressive behavior was unaffected by cognitive tempo.     

The Why and What of Intimate Conflict: Effect of the Partners’ Divergent Perceptions on Verbal Aggression

The aim of this study is to explore the effect on expressions of verbal aggression of intimate partners’ divergent perceptions of what the conflict is about (its subject) and why fight over it (its motive), together with the effect of the period of cohabitation. The study focused on the couple as the unit of analysis. A structured self-report questionnaire was administered to a stratified probability sample drawn from the general population in Israel, including 452 couples (904 men and women). Findings show that there is an association between the couples’ divergent perceptions of the conflict motive and of its subject, and that these disagreements amplify the partners’ aggression toward each other. However, the perception of conflict motive has a stronger effect on the expressions of aggression than that of conflict subject, while duration of cohabitation has a moderating effect on the divergent perceptions of conflict subject and on aggression between the partners. The discussion embraces both the theoretical and practical implications of the findings, as well as the limitations of the study.     

Relationship Abuse and Victims’ Posttraumatic Stress Disorder Symptoms: Associations with Child Behavior Problems

This study examined associations among male-to-female physical and psychological relationship aggression, female partners’ PTSD symptoms, and behavior problems among the children (n = 62) of men enrolled in a treatment program for relationship abuse perpetration. Psychological aggression was a stronger predictor of child behavior problems than physical assault. Restrictive engulfment and hostile withdrawal behaviors evidenced the strongest bivariate associations with child behavior problems, and were the strongest predictors of this outcome when considering four distinct forms of psychological aggression together. Victim PTSD symptoms largely mediated the effects of psychological aggression on child behavior. Findings suggest that male-to-female psychological aggression and victim PTSD symptoms play an important role in understanding behavior problems among children living with male relationship abuse perpetrators. Portions of this work were presented at the annual convention of the Association for the Advancement of Behavior Therapy, New Orleans, Louisiana, November, 2004.     

Inpatient aggression by mentally ill offenders: a retrospective case-control study

A retrospective case-control study was conducted examining relationships between patients’ socio-demographic, clinical and admission characteristics and inpatient aggression. Patients aged 18–64?years with a recent offence episode, who were admitted to a regional acute mental health unit, were included as cases (N?=?82), while controls comprised the next available admission, matched for age and gender (N?=?82). The prototypical patient was a young, single male, with a diagnosis of schizophrenia, a history of substance use and previous psychiatric admissions. The majority of cases had a history of aggression and recent offences against public order. They also revealed a higher likelihood of involvement in ‘less serious’ aggressive incidents (e.g. verbal threats or demands) during the index admission. Clinically, knowledge of each patient’s recent offence history, arrival mode and observed characteristics on admission (including any verbal aggression) may be important in the management of subsequent inpatient aggression.     

Test–Retest Reliability of the Revised Conflict Tactics Scales (CTS2)

The Revised Conflict Tactics Scales (CTS2) are widely used to measure intimate partner aggression. Various aspects of the CTS2 and its subscales have been examined, e.g. factor structure, internal consistency, and validity, but little or no evidence exists regarding the stability of the self-report of aggression on the CTS2 This study examines the stability of reports of aggression against a partner on the CTS2 among 82 men court-mandated to a batterer intervention program. At both testing times men reported on aggression occurring in the year prior to beginning treatment. Using variety scores, stability of report was strong for psychological aggression (r = 0.69), physical assault (r = 0.76), injury (r = 0.70), and negotiation (r = 0.60), but weaker for sexual coercion (r = 0.30). Implications for the use of the CTS2 in court-mandated populations are discussed.

Investigating Sub-groups of Harassers: The Roles of Attachment,Dependency, Jealousy and Aggression

The study aimed to classify non-harassers, minor, and severe harassers based on responses to measures of jealousy, dependency, attachment, perpetration, and victimization of relationship aggression, and harassment victimization, in a convenience sample of undergraduate students. Respondents (n = 177) replied on the following scales: Unwanted Pursuit Behaviors Inventory (UPBI: Langhinrichsen-Rohling et al., Violence and Victims 15:73–89, 2000), Conflict Tactics Scale (CTS: Straus, Journal of Marriage and the Family 41:75–88, 1979, measuring physical and verbal aggression for respondents and their partners), Sexual Jealousy Scale (SJS: Nannini and Meyers, The Journal of Sex Research 37:117–122, 2000), Interpersonal Dependency Inventory (IDI: Hirschfeld et al., Journal of Personality Assessment 41:610–618, 1997), and the Relationship Questionnaire (RQ: Bartholomew and Horowitz, Journal of Personality and Social Psychology 61:226–244, 1991, measuring adult attachment). Discriminant Function Analysis (DFA), with responses to these measures entered as predictors, produced significant differences between the groups in the univariate results on measures of: preoccupied attachment, jealousy, emotional reliance, verbal aggression and harassment victimization, and physical aggression perpetration. The functions identified by the DFA correctly classified 61% of cases, and identified the important roles of jealousy, dependency, attachment, and relationship aggression in harassment. Differing responses to the measurement of these can theoretically distinguish between non-, minor, and severe harassers.     

Attributions for episodes of marital aggression: The effects of aggression severity and alcohol use

This study examined attributions for husband to wife marital agression as a function of aggression severity and husbands' alcohol use. Subjects were a community sample of 117 wives and 109 husbands who reported an episode of serious physical aggression during a structured interview, conducted at one year of marriage. The results showed that husbands' attributions were influenced by both severity and alcohol use. In particular, sober husbands tended to blame their wives for severe aggression, but, unexpectedly, drinking husbands tended to assume responsibility for severe aggression. In contrast, wives' attributions were influenced mainly by severity. Wives also discriminated between the locus and stability dimensions of causal attributions, whereas husbands relied solely on the locus dimension. Specifically, wives held husbands' behavior more responsible for severe aggression than their own behavior and held husbands' character much more responsible than their own character. Additional findings with regard to relationship attributions were discussed.     

Intergenerational Transmission of Dating Aggression as a Function of Witnessing Only Same Sex Parents vs. Opposite Sex Parents vs. Both Parents as Perpetrators of Domestic Violence

The present study examined the association between witnessing interparental violence as a child, and the risk for perpetrating and being the victim of dating aggression as an adult, in an undergraduate sample. Specifically, this study tested a modeling hypothesis whereby witnessing a same sex parent vs. an opposite sex parent exclusively in the aggressor role would be more highly associated with risk for perpetrating dating aggression. Similarly, observing a same sex parent vs. an opposite sex parent as exclusively a victim of marital aggression would be associated with risk for being a victim of dating aggression. A same sex modeling effect was found for perpetration of dating aggression. Respondents who witnessed only their same sex parent perpetrate physical marital aggression were at increased risk for perpetrating physical dating aggression, whereas respondents who witnessed only their opposite sex parent perpetrate were not. A same sex modeling effect, however, was not found for being a victim of dating aggression. Rather, risk for victimization by dating aggression was associated only with witnessing bidirectional marital violence. Implications of these results, limitations of the present study, and ideas for future research are discussed.     

Puzzles on Defending others from Aggression

We all agree on the justification of defending ourselves or others in some situations, but we do not often agree on why. Two main views compete: subjectivism and objectivism. The discussion has mainly been held in normative terms. But every theory must pass a previous test: logical consistency. It has recently been held that, at least in the case of defending others from aggression, objective theories lead, in some situations, to normative contradiction. My aim is to challenge the idea that only objective theories have this uncomfortable feature. In fact, any plausible theory justifying the defense of others, whether subjectively or objectively, can lead to situations of normative inconsistency. Therefore, the logical test is not the most fitting one for choosing between different theories of private defense.     

Does Controlling Behavior Predict Physical Aggression and Violence to Partners?

Using data obtained from women’s shelter residents, male and female students, and male prisoners, this study investigated the association between non-violent controlling behaviors, physical aggression, and violence towards a spouse (N = 264). It was predicted that only men and women involved in intimate terrorism (Johnson, Violence Against Women, 11(12):1003–1018, 2006) would use controlling aggression, and that physical aggression used by those involved in situational couple violence would be unrelated to controlling behavior. Contrary to predictions derived from Johnson’s theory, regression analysis showed that control accounted significant proportions of the variance in the use of physical aggression for all three relationship categories. Some support was provided, however, as it was found that the pattern of both interrelationships of the five types of controlling behaviors, and control and physical aggression, supported Johnson’s distinction.     

The Relationship Between Courtship Violence and Sexual Aggression in College Students

The relationship between physical and sexual aggression in college students was explored in the current study. Participants were 245 males and 411 females recruited from a 2-year or 4-year college. The vast majority were white. All of them responded to a measure of physical aggression (The Conflict Tactics Scale; Straus, 1979) and sexual aggression (the Sexual Experiences Survey; Koss et al., 1987). A subset of participants also responded to a questionnaire assessing Signs to Look for in a Battering Personality (Ryan, 1995). Results showed a significant association between physical and sexual aggression in men and women. In addition, the combination of physical and sexual aggression produced nonsignificantly higher levels of aggression than when they occurred alone. Discriminant analyses showed verbal abuse and threats predicted both physical and sexual aggression in men and women; however, gender differences emerged on other characteristics. Finally, effect size analyses showed larger effect sizes for sexual than for physical aggression on many of the Signs to Look for in a Battering Personality.     

Predictors of Child Behavior Problems among Children of Female Vietnam Veterans

This study examined the impacts of intimate partner aggression by female Vietnam veterans and their male partners on their children’s behavior problems (N = 100 children). Veteran and partner psychological distress were also examined as potential mediators of these relationships. Results indicated that physical and psychological aggression perpetration by both the female veteran and the male partner was associated with child behavior problems. Contrary to expectations, psychological distress in the veteran and partner was not associated with child behavior problems and did not mediate the effects of physical and psychological aggression on this outcome.     

Introduction: feminist judgments as teaching resources

While academic scholarship generally offers various forms of commentary on decided cases, feminist judgment-writing projects have recently embarked on a new form of critical scholarship. Rather than critiquing judgments from a feminist perspective in academic essays, the participants in these projects have set out instead to write alternative judgments, as if they had been one of the judges sitting in court at the time. After introducing the UK Feminist Judgments Project and describing what is “different” about the judgments it has produced, the paper explains some of the ways in which these judgments have been used as teaching resources in UK law schools. The paper goes on to introduce the following four articles in this issue of the Law Teacher, which illustrate in greater detail particular pedagogical uses of the Feminist Judgments Project.     

Juvenile-Perpetrated Sex Crimes: Patterns of Offending and Predictors of Violence

Criminal record reviews were conducted on 126 juveniles arrested for sex offenses against children (n = 62) or peers and adults (n = 64). Peer/adult offenders were found more consistently to offend against females who were strangers or acquaintances, more frequently to commit their crimes in a public area, and more often to act in a group with other offenders. Peer/adult offenders were also more likely to commit the sex crime in association with other criminal activity, and they evidenced higher overall levels of aggression and violence. In general, the aggression of child molesters tended to intimidation rather than physical force, whereas the aggression of peer/adult offenders was more injurious, and perhaps gratuitous. Violence in peer/adult offenders, but not of child molesters, was predicted by the interactive influence of the victim's gender, age, and level of resistance.