Beyond the Law?: The Justice of Deconstruction

This paper offers a close reading of Derridas essay Force of Law that emphasises the twin strengths of a deconstructive approach to questions of law and justice -- textual analysis and political context. Derridas interest is in limit or test cases, and so he engages with the fraying edges of the law, its borders, the frontiers that are most heavily policed because they are most fragile, for example capital punishment, genocide, general strikes and terrorism. Derrida undertakes an exploration of violence through a reinterpretation of Walter Benjamins Critique of Violence. At the heart of Derridas difficult argument is a demand for justice that goes beyond the cataloguing of specific injustices, and beyond the terms of Benjamins critique. The utopian impulse that underpins Force of Law is carried over into Specters of Marx, Derridas recent explicit grappling with the legacy of Marxism. The links between these two texts by Derrida implies a sustained politics of radical commitment on the part of deconstruction, a commitment to future forms of legality and egalitarianism, a theory of justice posited upon prescience rather than precedent.     

Terrorism and the law: Historical contexts, contemporary dilemmas, and the end(s) of democracy

Recent proposals by the G7 (and Russia) to clamp down on terrorists and terrorism do not define that which is prohibited. Instead, a threat is communicated which in turn allows, among other things, greater attention to be paid officially to camouflage charities and terrorist use of the Internet. Nevertheless, it is somewhat of a truism to note that terrorist violence is ultimately defined or characterized, for purposes of legal prohibition, within a highly politicized atmosphere. Starting with a short summary of anti-terrorist codification efforts made this century, this article examines some of the security interests cited by governments today in their respective struggles against terrorism. More specifically, it is argued that individual perceptions of personal and societal threat are heightened unnecessarily not only by a constant stream of governmental anti-terrorist rhetoric, but further, by an awareness of official and unofficial methods of anti-terrorist surveillance, and the use to which the information so obtained can be put.     

Silence is not golden: U.S. government efforts to establish national information security strategies

A new threat to national security has been found: electronic information warfare (EIW). It is the hottest (and most overhyped) issue inside the Beltway and encompasses everything from encryption to technology transfer, including both legitimate battlefield applications and ominous defense measures to protect the U.S. economy and culture.     

Between hermeneutics and semiotics

Translated by David Pellauer from the French, Entre herméneutique et sémiotique,Nouveaux Actes Sémiotiques (Vol.II, 1990, forthcoming).     

Do courtship-violent men have characteristics associated with a “Battering Personality”?

Three studies explored the presence of characteristics associated with battering personalities in courtship-violent college men. These characteristics were derived from Signs to Look for in a Battering Personality developed in Fayetteville, AR, to describe wife-batterers. In the first study, two questions measured aggression. In the second and third study, Straus's (1979) Conflict Tactics Scale was also used. Attitudes toward Women (Spence et al., 1973) were measured in the first two studies. Sexual aggression (Koss et al., 1987) was measured in the third investigation. Univariate ANOVAs in all three studies showed that many of the characteristics associated with wife-battering men were also associated with college men who admitted to engaging in low-level courtship violence. However, stepwise discriminant analyses showed that two variables, threats and verbal abuse, were the most predictive of courtship violence in college men. Additional notable associations were found between the use of playful force during sex and self-reported sudden mood swings and/or a quick temper and courtship violence.     

Truth and veridiction in law

Translated from French by F. Ringham, B. Martin and E. Pinner (Vérité et véridiction en droit,Droit et Société 8 (1988), 45–59).     

Interviewing Preschoolers: Comparisons Of Yes/No and Wh- Questions

This study investigated the influence of question format on preschool-aged children's errors, their response accuracy, and their tendency to say I don't know when given non-misleading questions in a neutral, unbiased context. Children (3 to 5 years old) participated in a craft-making session that included a staged accident with two experimenters differing in gender and appearance; the environment also had several distinctive features. One week later children were interviewed about actions, participants, and environment; questions were yes/no format with the veridical response yes (yes questions), yes/no format with the veridical response no (no questions), and specific wh- format questions. Question format substantially influenced children's responses: they were most likely to make errors if asked no questions, and were unlikely to answer either yes/no question with I don't know. In contrast, children spontaneously and frequently said I don't know to wh- questions about content they did not recall (environment), but not about content that was well recalled (actions). Implications of question format for reliability of eyewitness testimony by preschoolers are discussed.     

Reducing delay in the administration of justice: The case of Uganda

This is a revised version of a paper presented at a conference organized by the Society for the Reform of Criminal Law on Criminal Law Reform in Southern Africa, Windhoek, Namibia, June 15–17, 1992.     

Selective Incapacitation Revisited

The term incapacitation is an important criminological concept that implies that the offender's capacity to commit new crimes is to be concretely obstructed or reduced through confinement. The purpose of selective incapacitation is to select those particularly prone to violence and to incapacitate them. The paper presents a critical analysis of the risk prediction enterprise. The paper addresses the accuracy of prediction, the ethics of prediction, and in particular the research culture within which research on prediction occurs.     

Competition and combativeness in courtship: Reports from men

Based on reports from 143 male college students, the relationship between a dating partner's perceived level of competitiveness and combativeness (one's own and one's partner's) is examined. Competitiveness is seen as a direct measures of efforts to exert control. Findings show that even high levels of pleasant competitive behaviors are unrelated to combativeness. However, as scores on a measure of unpleasant competitive behaviors increase, so do scores on a measure of combativeness. Recommendations are offered to educators and counselors regarding the nexus between competitiveness and courtship problems.     

Insights on Technology Transfer from the Bureau of Mines

The U.S. Bureau of Mines was established in 1910 to reduce the high accident rate in the nation's coal mines. For 85 years, it conducted a wide variety of tasks related to mining before it was abolished in 1995. The BOM had many technology transfer successes in its lifetime, including more than a dozen R&D100 awards. This essay identifies and discusses five transfer factors that can explain the success (or failure) of many Bureau of Mines projects. These five factors are termed pressure, pitfalls, path, price, and profit.     

A path analytic approach to the validation of a taxonomic system for classifying child molesters

This study examined the validity of the most recent revision of a taxonomy for child molesters developed at the Massachusetts Treatment Center (MTC:CM3). The taxonomy is distinguished both from earlier versions of this system and from other systems, by three major changes: (a) the partitioning of the regressed/fixated dichotomy into two separate factors-level of social competence and degree of fixation on children, (b) the introduction of a new type (narcissistic) to fill an empirically determined gap between the object-related offender and the antisocial, exploitative offender, and (c) the differentiation of the violence in the sexual offense into nonsadistic and sadistic components. MTC:CM3 was used to classify 177 child molesters who were committed to the Treatment Center. Variables coded from the clinical files were rationally grouped according to developmental period and subjected to principal-components analysis (PCA). The PCA-derived components then were entered into a series of regression analyses. The resulting three path models indicated that the new subtypes created by the aforementioned refinements had distinct developmental courses and adult adaptations.     

Competition and combativeness in courtship: Reports from women

The relationship between a partner's perceived level of competitiveness and combativeness in courtship is examined, based on reports from 296 women. Competitiveness is seen as a direct measure of efforts to control. Results show that even high levels of competitive behaviors experienced as pleasant are unrelated to combativeness. However, as scores on a measure of unpleasant competitiveness increase, so do scores on a measure of psychological and physical combativeness. Findings are compared with those from an earlier study based on reports from men.     

Rethinking the Probative Value of Evidence: Base Rates,Intuitive Profiling,and the “Postdiction” of Behavior

It is argued that American courts may be routinely admitting evidence with little to no probative value and great potential for prejudicial impact. This may be particularly likely with regard to what is essentially intuitive profiling or stereotype related evidence, defined herein as evidence suggesting that the defendant (or other party), or his (her) behavior, fits intuitive profiles (or stereotypes) of the type of person likely to commit the crime or behavior in question. In other words, intuitive profiling evidence is admitted to postdict behavior. Formal empirically based profiling evidence (testimony regarding the fit of a defendant's characteristics or behaviors to formal or scientific profiles of the typical perpetrator of the crime in question for use to prove guilt is inadmissible in American courts. However, we suggest that everyday use of informal intuitive profiles underlies both judicial determinations of probative value diagnosticity, and thus admissibility, of evidence, and jurors' use of the evidence in determining guilt. Demonstrations of the use of base rate information to evaluate the probative value of such intuitive profiling evidence both as evidence of guilt and as evidence of innocence are provided. Demonstrations of both how to evaluate the actual probative value of evidence (when all necessary values are known), and the theoretical limit of its probative value (in circumstances where some values are not known) are provided. It is argued that such evaluations may provide the basis for (1) support of motions to either admit or to exclude evidence, (2) testimony to the jury to help them weigh or interpret evidence, (3) exculpatory profiling (profiling evidence of innocence), (4) pretrial research to establish probative versus prejudicial value of evidence, and (5) sufficiency analyses to determine maximum likelihood of guilt, given multiple items of evidence. Among these, the first two are considered most important, as it can be demonstrated that many profiling characteristics currently admitted in trial (such as evidence of battery to support a murder charge) are not probative of guilt.     

Juror decision making in the capital penalty trial

Two factors thought to influence jurors' penalty decisions in capital trials—the nature of the crime committed and the defense's portrayal of the convicted offender's character—were examined. Mock jurors were death-qualified and exposed to one of twelve simulated penalty trials. Each trial was comprised of one of three capital crimes and one of four defense strategies. Jurors were least punitive in robbery-murder conditions and most punitive in multiple murder conditions. A conceptual argument against capital punishment was the most effective defense; a mental illness defense was the least effective. Penalty decisions were mediated by three attributional variables: (a) juror perceptions of the defendant's volition, (b) juror perceptions of the defendant's future dangerousness, and (c) juror perceptions of the relative competency of the opposing attorneys.This article is based on the author's dissertation which received an Honorable Mention in the 1985 SPSSI Dissertation Prize competition. The research was made possible by grants from the University of California, Santa Cruz and Division 41 of the American Psychological Association. The author is indebted to Craig Haney, Elliot Aronson, and Dane Archer for their valuable suggestions and support.     

Continuing barriers to women's credibility: A feminist perspective on the proof process

This article is an expanded version of a paper presented at the Society for the Reform of Criminal Law Conference on Reform of Evidence Law, Vancouver, British Columbia, Canada, August 3–7, 1992.