A critical review of published competency-to-confess measures

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test-retest reliability, content validity, construct validity, and criterion-related validity.     

Maltreatment of handicapped children: A critical review

Despite increased interest in child abuse and neglect in the past decade, little research attention has been focused on maltreatment in handicapped populations. This is surprising given that many handicapped children display characteristics (e.g., chronic and pervasive behavioral disturbances, decreased social initiations with caregivers) that are associated with high risk for assault and neglect in nonhandicapped children. Numerous investigations have found an overrepresentation of handicapped children in maltreated samples, and results of more recent efforts reveal a high incidence of abuse and neglect in handicapped populations. Although these data underscore the high risk for maltreatment in handicapped children, a number of important issues warrant further empirical examination. Moreover, generalizations and interpretations of findings from previous research have been obfuscated by methodological shortcomings. The present paper reviews the literature concerning abuse and neglect of handicapped children. Research strategies and issues are delineated and current problems in this field are discussed. Suggestions for directions future research might take are offered.     

Economic Analysis,Environmental Policy,and Intergenerational Justice in the Reagan Administration The Case of the Montreal Protocol

Economic arguments played a significant role in the decision by the Reagan Administration to lead the international effort to protect the stratospheric ozone layer from depletion caused by certain otherwise useful industrial chemicals. During the period prior to the signing of the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987, it was recognized within the Administration that ethical considerations (involving the valuation of risk and intergenerational equity) were essential components of the economic analysis. Adoption of a principle of intergenerational neutrality had the consequence that any reasonable comparison of the benefits of ozone layer protection to the costs of regulatory control overwhelmingly favored regulation.     

Published findings from the spouse assault replication program: A critical review

Published reports from seven jointly developed experiments have addressed whether or not arrest is an effective deterrent to misdemeanor spouse assault. Findings supporting a deterrent effect, no effect, and an escalation effect have been reported by the original authors and in interpretations of the published findings by other authors. This review found many methodologically defensible approaches used in these reports but not one of these approaches was used consistently in all published reports. Tables reporting the raw data on the prevalence and incidence of repeat incidents are presented to provide a more consistent comparison across all seven experiments. This review concludes that the available information is incomplete and inadequate for a definitive statement about the results of these experiments. Researchers and policy makers are urged to use caution in interpreting the findings available to date.     

Scheduling of new psychoactive substance the Swiss way: A review and critical analysis

Since the introduction of the European Early Warning System in 2005, >700 new psychoactive substances (NPS) have been listed. This review article presents for the first time the Swiss narcotic law in perspective of scheduling of NPS, and compares it to the regulations of the German speaking neighbours Austria and Germany.The Swiss way is a fast and effective way for scheduling NPS, with the purpose to restrict drug trafficking and for controlling the NPS drug market: the legal basis for scheduling substances of abuse is the “Law about narcotics and psychotropic substances” (BetmG, SR 812.121), which includes the “narcotic law directory (BetmVV-EDI, SR 812.121.11) suitable for listing all controlled substances. The BetmVV-EDI, SR 812.121.11 contains seven indices, with index e specifically designed for the fast scheduling of NPS. Newly appearing NPS can either be controlled under a structure analogues definition or by listing single substances. The list of single substances is updated at least once per year, and structure analogues definitions can be implemented, in order to keep track with new developments on the NPS market. The latest version from November 30th 2018 contains ten different structure analogue definitions and 207 single substances. Requirements to list NPS are their appearance on the NPS market, suspected psychotropic effects and their suggestions by Forensic professionals. As soon as substances are newly placed, on Schedule I of the 1961 Convention or Schedule II of the 1971 Convention by the Commission on Narcotic Drugs of the World Health Organization they can easily be transferred from index e to index a-d of the BetmVV-EDI, SR 812.121.11. The Austrian law uses a structure analogue and single substances approach (introduced in 2012, one update in 2016), whereas the German NPS law (established in 2016, no update yet) only lists two structure-analogue-definitions. All three legislations have defined which core structures, kinds and sites of substitutions are regulated.     

Guardianship for crime prevention: a critical review of the literature

Cohen and Felson??s (Cohen and Felson American Sociological Review 44(4):588?C608, 1979) routine activity theory posits that for a crime to occur three necessary elements must converge in time and space: motivated offenders, suitable targets, and the absence of capable guardianship. Capable guardians can serve as a key actor in the crime event model; one who can disrupt, either directly or indirectly, the interaction between a motivated offender and a suitable target. This article critically reviews the literature on guardianship for crime prevention. Our specific focus is two-fold: (1) to review the way guardianship has been operationalized and measured, and (2) to review experimental and quasi-experimental evaluations and field tests of guardianship. Research on routine activities has had an uneven focus resulting in the neglect of the guardianship component (Reynald Crime Prevention and Community Safety 11(1):1?C20, 2009; Sampson et al. Security Journal 23(1):37?C51, 2010; Tewksbury and Mustaine Criminal Justice and Behavior 30(3):302?C327, 2003; Wilcox et al. Criminology 45(4):771?C803 2007). Evaluations of guardianship-related interventions demonstrate support for the theoretical construct; however, high-quality field tests of guardianship are wholly lacking. Implications for theory and research are discussed.     

Experimental results of fingerprint comparison validity and reliability: A review and critical analysis

Our purpose in this article is to determine whether the results of the published experiments on the accuracy and reliability of fingerprint comparison can be generalized to fingerprint laboratory casework, and/or to document the error rate of the Analysis–Comparison–Evaluation (ACE) method. We review the existing 13 published experiments on fingerprint comparison accuracy and reliability. These studies comprise the entire corpus of experimental research published on the accuracy of fingerprint comparisons since criminal courts first admitted forensic fingerprint evidence about 120 years ago. We start with the two studies by Ulery, Hicklin, Buscaglia and Roberts (2011, 2012), because they are recent, large, designed specifically to provide estimates of the accuracy and reliability of fingerprint comparisons, and to respond to the criticisms cited in the National Academy of Sciences Report (2009).Following the two Ulery et al. studies, we review and evaluate the other eleven experiments, considering problems that are unique to each. We then evaluate the 13 experiments for the problems common to all or most of them, especially with respect to the generalizability of their results to laboratory casework.Overall, we conclude that the experimental designs employed deviated from casework procedures in critical ways that preclude generalization of the results to casework. The experiments asked examiner-subjects to carry out their comparisons using different responses from those employed in casework; the experiments presented the comparisons in formats that differed from casework; the experiments enlisted highly trained examiners as experimental subjects rather than subjects drawn randomly from among all fingerprint examiners; the experiments did not use fingerprint test items known to be comparable in type and especially in difficulty to those encountered in casework; and the experiments did not require examiners to use the ACE method, nor was that method defined, controlled, or tested in these experiments.Until there is significant progress in defining and measuring the difficulty of fingerprint test materials, and until the steps to be followed in the ACE method are defined and measurable, we conclude that new experiments patterned on these existing experiments cannot inform the fingerprint profession or the courts about casework accuracy and errors.     

A comment on experimental results of fingerprint comparison validity and reliability: A review and critical analysis

We respond to the article “Experimental results of fingerprint comparison validity and reliability: A review and critical analysis” by Ralph and Lyn Haber which offers (a) a one-sided criticism of the state of affairs in latent print examination, (b) lack of original data supporting that their suggested approach, and (c) a host of incorrect statements, inaccuracies, or obscure interpretations of the existing data.     

Treating sexual offenders with learning disabilities in the community: a critical review

This study offers a critical review of a treatment group for sexual offenders with learning disabilities. The participants were diverted from criminal proceedings due to their level of cognitive functioning and attended a 7-month treatment program comprising of four main components: sex education, cognitive distortions, offending cycle, and relapse prevention. A number of psychometric assessments were administered immediately before and after intervention. Although no significant differences were found in attitudes toward sexual offending following treatment, the trend was for improvements in sex knowledge and honesty of sexual interest. Improvements in socialization skills (leisure time and interpersonal skills) were significant. No further incidents of sexual offending have been reported during a 12-month follow-up. A number of explanations for the nonsignificant improvement in attitudes are considered and recommendations for future treatment evaluation studies are made. The development of specific questionnaires and treatment programs for sexual offenders with learning disabilities is discussed.     

A critical examination of the digital music phenomenon

“MP3” has become an iconic term and hugely popular phenomenon in recent years. This compressed digital music format has been championed as the greatest multimedia revolution since the television. The technology has also been maligned as a dubious (and illegal) tool that allows individuals to obtain CD-quality music without purchasing an audio CD, thereby denying proceeds rightfully due to artists, bands, and the recording industry. The current piece seeks to explore this dialectical relationship by applying the precepts of critical criminology to the phenomenon. Following a foundational explanation of MP3s and the presentation of examples that expand upon its controversial nature, this work describes the critical view held by MP3 supporters who perceive the music industry and government as controlling agents seeking to maintain their legitimacy, power, and wealth by restricting dissemination and reproduction of free music to, and among, the masses. Can this control be considered a “victimization” of society? Must we rethink our traditional notion of deviance being ascribed primarily to acts committed by an individual against a corporate entity, because in this case the harm caused by the latter is much more significant than that of the former? These issues are developed and analyzed in detail to inform and guide a critical interpretation.     

The cost and value of second surgical opinion programs: a critical review of the literature

Second surgical opinion programs (SSOPs) have been used since 1972 by both public and private insurers to improve the patient's information and decision processes and to reduce operative risks and costs attributable to questionable and perhaps unnecessary operations. This article reviews the literature on SSOPs. It considers whether SSOPs are effective mechanisms for reducing health care costs, how SSOPs affect outcomes, how physician errors affect the value of SSOPs, and what nonconfirmation rates and rates of surgery indicate about the appropriateness of operations. Although the literature varies in quality, all the studies fall short in one or more of the following dimensions: an appropriate control group, a comprehensive definition of cost and outcomes, and sufficient duration and scale to measure changes and use of medical services in a general population. Thus, the value of SSOPs remains an open question.     

A review of the cognitive interview

Abstract

In this critique of the Cognitive Interview (CI), discussion is organized around four themes; (1) the effectiveness of various components of the CI, (2) the relationship between the CI and other interviewing methods such as the Guided Memory Interview, the Standard Interview, and the Structured Interview, (3) different measures of memory performance and (4) the effect of training quality on interviewer performance. We comment on some of the theoretical and methodological issues to be considered in CI research and the practical considerations relating to the use of the CI in the field.     

Vitreous potassium as a measure of the postmortem interval: an historical review and critical evaluation

This is an historical review of the articles published in English on the use of vitreous potassium to determine the PMI. External factors which influence the validity of the test are sampling techniques, analytical instrumentation and environmental temperature during the PMI. Internal factors that are recognized at the present time which influence vitreous potassium are the age of the individual, the duration of the terminal episode and the presence or absence of nitrogen retention.