The social consequences of a mass surveillance measure: What happens when we become the ‘others’?

This article investigates the claim made by Dworkin [Dworkin, R., 2002. The threat to patriotism. In: Calhoun, C., Price, P., Timmer, A. (Eds.), Understanding September 11. New Press, New York.] that when faced with threats such as terrorism, the trade-off in question is between our security and their civil liberties. A series of mass surveillance measures implemented in the European Union demonstrate that these measures are no longer merely directed at terrorists but are being applied to all citizens. Contrary to what Dworkin says, therefore, the trade-off that is actually occurring is between our rights and our security. Accordingly, this article aims at addressing the larger social consequences of this occurrence. The social consequences of one mass surveillance measure, Directive 2006/24/EC, are explored: looking in particular at the possible loss of citizens’ trust and privacy. The autonomy and aspects of human dignity that the right to privacy protects are vital to the development of individuality and consciousness of individual choice in life. Severe restrictions on privacy thus have severe repercussions on individuals.     

The social and emotional context of childhood and adolescent animal cruelty: is there a link to adult interpersonal crimes?

The link between early animal abuse and later violence toward humans may depend on how acts of animal cruelty are experienced by those whose behavior demonstrates this graduation. Unfortunately, the research investigating the social and emotional context for the youthful commission of animal cruelty as it escalates to adult interpersonal violence is relatively nonexistent. Using 112 cases from a larger sample of 261 inmates surveyed at both medium and maximum security prisons in a southern state, the present study examined the effects of age of onset and frequency of animal cruelty, the covertness of animal cruelty, the commission of animal cruelty within a group or in isolation, and empathy for the abused animals. Inmates who had covered up their childhood and adolescent animal cruelty were more likely to have been convicted of repeated acts of interpersonal violence, demonstrating that the role of empathy and individuals present during acts of animal cruelty were less important than concealing those acts.     

Evaluating the Long-Term Effects of Prisoner Reentry Services on Recidivism: What Types of Services Matter?

We analyzed data collected for a large multi-site evaluation of 12 prisoner reentry programs in 12 states to examine the impact of pre-release services on time to rearrest and number of rearrests up to 56 months post-release for male offenders. A two-stage matching quasi-experimental design was used to define the comparison groups and multivariate models were used to examine the relationships among service and program receipt and recidivism. Participation in the reentry program was associated with longer time to arrest and fewer arrests after release. However, the specific services delivered as part of the program showed modest or inconsistent impacts on recidivism. Services that focused on individual change were more beneficial than services that focused on practical skills and needs. Practitioners should consider careful sequencing of program and service delivery in prison, linking in-prison services to post-release assistance, and evaluating all services and programs for fidelity and effectiveness.     

Hypernatremia and subdural hematoma in the pediatric age group: is there a causal relationship?

Several researchers in the 1950's proposed that hypernatremia causes water to leave brain cells, shrinking the brain, thus tearing the bridging veins and resulting in subdural hematomas. Although the old literature suggests mechanisms linking the two in a cause and effect relationship, there is controversy as to whether hypernatremia leads to subdural bleeding or whether the reverse is true. This issue is important for forensic pathologists who must distinguish natural disease from trauma. An etiologic link between hypernatremia and subdural hematomas was suggested recently, and was proposed originally before Kempe's 1962 paper "The Battered Child Syndrome" which widely disseminated the concepts of child physical abuse, and of subdural bleeding resulting from non-accidental injury. Our study is a multifaceted investigation of infants which includes: a literature review, retrospective chart reviews of both living and deceased hypernatremic infants, a retrospective review of infants hospitalized with subdural hematoma, and a prospective collection of head injured, hypernatremic children. We conclude that hypernatremia, if present in association with subdural hemorrhage, is most likely secondary to intracranial pathology, and that hypernatremia often develops in critically ill infants suffering from a variety of medical conditions.     

The Relationship Between Traumatization and Pain: What is the Role of Emotion?

The role of emotion in the relationship between traumatic experiences and physical pain was examined via path modeling by using a sample of hospital outpatients (N = 138). Most of the participants reported being traumatized (77%) and experiencing chronic pain (69%). Trauma survivors and nontraumatized individuals did not differ significantly on mean symptom scale scores (i.e., depression, anxiety, anger, dissociation, somatization and pain). However, a moderate effect size was found for dissociation. There were also significant associations found between trauma levels and levels of adult symptomatology. Interestingly, sexual abuse was less highly correlated with symptomatology than other types of traumatization, such as neglect. None of the three proposed path models describing the relationship between trauma, pain, and emotion fit the data successfully. Implications are discussed.     

What is "safe" about the government's recent interpretation of the anti-kickback statute safe harbors? ... and since when was Stark an intent-based statute?

The volume-or-value standard is an element of several anti-kickback safe harbors and Stark exceptions. It provides that compensation may not be determined in a manner that takes into account the volume or value of business generated between the parties. The government has recently indicated that it may interpret the standard to exclude arrangements that are merely influenced by the volume or value of referrals. The author contends that this opens the door to examination of the parties' intent, which is contrary to legislative intent. The Article argues that the volume-or-value standard should be interpreted objectively.     

Do juvenile drug courts reduce recidivism?: Outcomes of drug court and an adolescent substance abuse program

Juvenile drug courts have emerged as “innovative” responses to juvenile drug offenders, but comparatively little is known about their operations. This paper presents results of a retrospective comparison of drug court participants to an adolescent substance abuse program (ASAP) to examine which participants fared better in terms of future recidivism. Using data collected from official case files, we compared recidivism levels for all juveniles (n = 150) terminated from drug court between 1996 and 1999 with those of a random sample of juveniles (n = 158) terminated from ASAP during 1994 and 1995. Biand multivariate analyses were conducted to identify whether significant differences existed between the groups concerning re-arrest (recidivism) over a 24-month post-release observation period. Study results highlighted by logistic regression analyses suggesting that juveniles in drug court were no more likely to recidivate than were juveniles in ASAP is a positive finding for the drug court program and is an indication that the program is working, especially given the serious nature of this juvenile offender population.     

What shall we do with the drunken sailor?: Effects of alcohol on the performance of ship operators

The purpose of this study was to specify the effects of alcohol on the performance of ship operators as a contribution to the development of new strategies against the risks of alcohol in water traffic. The nautical performance of 21 captains before and after alcohol consumption was assessed on a ship piloting simulator. The simulated scenarios represented passages of a container vessel through the German Bight. Performance was examined by nautical instructors according to standardised protocols. Mean (S.D.) blood alcohol concentrations (BACs) of 0.100 (0.024) g/dl before and 0.100 (0.017) g/dl after the performance trial resulted in striking effects on the nautical performance. The categories most severely affected were foresight and analysis of situation (impairment in 18 of 21 cases), concentration (impairment in 16 of 21 cases), accurateness, risk disposition and navigation (impairment in 15 of 21 cases). Chart work, preparation and communication were impaired in 12, 11 and 10 of 21 cases, respectively. None of the participants were capable to operate the simulated ship with an adequate safety after ingestion of alcohol. From these findings, and in consideration of the well-established impairment of a multitude of mental and physical functions by alcohol, it can be concluded that even low BACs bear high risks in water traffic, a concentration above 0.1 g/dl will hinder a sufficiently safe performance of ship operators. This should be considered in alcohol education and legislation.     

What is violence against women? Defining and measuring the problem: a response to Dean Kilpatrick

This article discusses (a) the relationship between the reemergence of the women's movement in the 1970s and the current field of violence against women; (b) the role voluntary associations and social activism play in shaping social institutions, including the institution of academic scholarship; (c) the need to broaden our definition of violence against women to include nonviolent acts, such as stalking and emotional abuse; (d) the need to study the interrelationships among various forms of violence and abuse, including violence and abuse experienced as a minor and violence and abuse experienced as an adult; (e) the importance of using precise language when reporting research findings; (f) the importance of using a multiple definition/measurement approach when conducting research on violence against women; and (g) the need for comprehensive research on violence against women that takes into account the various types of violent and abusive behaviors experienced by women over their lifetimes.     

Differential Effects of Parental Controls on Adolescent Substance Use: For Whom is the Family Most Important?

Objective

Social control theory assumes that the ability of social constraints to deter juvenile delinquency will be invariant across individuals. This paper tests this hypothesis and examines the degree to which there are differential effects of parental controls on adolescent substance use.

Methods

Analyses are based on self-reported data from 7,349 10th-grade students and rely on regression mixture models to identify latent classes of individuals who may vary in the effects of parental controls on drug use.

Results

All parental controls were significantly related to adolescent drug use, with higher levels of control associated with less drug use. The effects of instrumental parental controls (e.g., parental management strategies) on drug use were shown to vary across individuals, while expressive controls (e.g., parent/child attachment) had uniform effects in reducing drug use. Specifically, poor family management and more favorable parental attitudes regarding children’s drug use and delinquency had stronger effects on drug use for students who reported greater attachment to their neighborhoods, less acceptance of adolescent drug use by neighborhood residents, and fewer delinquent peers, compared to those with greater community and peer risk exposure. Parental influences were also stronger for Caucasian students versus those from other racial/ethnic groups, but no differences in effects were found based on students’ gender or commitment to school.

Conclusions

The findings demonstrate support for social control theory, and also help to refine and add precision to this perspective by identifying groups of individuals for whom parental controls are most influential. Further, they offer an innovative methodology that can be applied to any criminological theory to examine the complex forces that result in illegal behavior.     

The adolescence-adulthood transition and Robins’s continuity paradox: Criminal career patterns of juvenile and adult sex offenders in a prospective longitudinal birth cohort study

PurposeIt is assumed that juvenile sex offenders (JSO) are tomorrow's adult sex offenders (ASO) and ASO were previously JSO. The current study tests these two assumptions using prospective longitudinal data.MethodsUsing data from the 1984 Dutch Birth Cohort study, the study examines the criminal career of JSO and the continuity of sex offending into early adulthood.ResultsThe study findings show much heterogeneity in the criminal careers of JSO suggesting several criminal career outcomes in adulthood. Put differently, the vast majority of JSO do not become ASO while adult sex offending does not require juvenile sex offending. Against the backdrop of this principle, the study found a small group of JSO recidivist at-risk of persisting into adulthood and a group of chronic juvenile offenders who are at-risk of escalating their offending to sex crimes in adulthood.ConclusionsFor the most part, JSO and ASO are two distinct phenomenon. The vast majority of JSO desist from sex offending while the vast majority of ASO started sexually offending in adulthood. As the frequency of general nonsexual offending increases during adolescence, so is the risk of becoming ASO. This group of youth warrants closer scrutiny for prevention programs.     

What is an employee benefit plan?: ERISA preemption of "any willing provider" laws after Pegram

This note considers the implications of a recent Supreme Court decision, Pegram v. Herdrich, for preemption of state laws under the Employee Retirement Income Security Act (ERISA). Though Pegram dealt with a fiduciary liability question, and not preemption specifically, the Court in arriving at its decision laid out a definition of the word "loan"--a word that is used in both the fiduciary liability section of ERISA and the preemption section. The Court's definition focuses upon the relationship between the managed care organization and the employer that hires it. The definition, however, excludes from the meaning of "plan" the relationship between the managed care organization and the health care providers it hires. Thus, this Note argues that according to Pegram, state laws that regulate the relationship between managed care organizations and health care providers, such as "any willing provider" laws, should not be preempted by ERISA.