DOMESTIC VIOLENCE AND EMPOWERMENT IN CUSTODY AND VISITATION CASES

This article reports a State Justice Institute funded research project attempting to demonstrate the difference between mediation and evaluation disputes over child custody, and visitation where domestic violence is involved. The researchers attempted to develop samples at two courts—Hennepin County Circuit Court in Minneapolis, Minnesota, and Multnomah County Circuit Court in Portland, Oregon.     

MEDIATION AND DOMESTIC VIOLENCE

This article summarizes policies and procedures used by various courts in the United States in responding to domestic violence. Over 200 courts and services were contacted under a grant from the State Justice Institute in developing this survey. The article covers the profile of mediation services, mediator training regarding domestic violence, screening for domestic violence and protocols used.     

The outcome of our lives: a commencement address to criminal justice students

On May 18, 2003, Tom Dexter (d. April 15, 2004) delivered the commencement address to the graduates of the School of Criminal Justice at the University of Albany, State University of New York. Mr. Dexter had worked in and administered various agencies of criminal justice for over 40 years, always searching for the most human way possible for himself and his staff to treat those ‘treated’ by the system. Always open to new ideas himself – indeed, to the outcomes of his own behavior – he was instrumental in bringing together faculty from the School of Criminal Justice and staff from the St. Anne Institute and La Salle School in Albany, New York, for a decade‐long research project, the Service Outcomes Action Research (SOAR). The focus of the project is on the impact or effect of those institutions on the young people they are ordained to serve.     

WHAT WE KNOW NOW: FINDINGS FROM DEPENDENCY MEDIATION RESEARCH

After approximately 15 years of research on court-based dependency mediation programs, answers have emerged for many, but not all, of the questions that surround dependency mediation. This article explores what has been learned about court-based dependency mediation through research and what new and persisting questions remain. The article reviews empirical studies of child protection mediation. The topics considered include what we have learned about the organization and structure of mediation programs, what have we learned about settlement in mediation, and whether there are benefits to mediation beyond the mere fact that settlements are reached.     

Intellectual Property Theft and Organized Crime: The Case of Film Piracy

This article seeks to understand the processes by which the crime of intellectual property theft is organized, with specific attention given to film piracy. It seeks to identify the structure and function of the criminal enterprises engaged in this crime and assess the degree to which organized crime is involved with film piracy. An analysis of available sources reveals that general conclusions about the relationship of organized crime to film piracy results from a lack of useable and verifiable information in media, government, and industry sources. In the absence of independent, substantive analysis, anecdote and industry interests currently drive public policies and legal developments created to address the role of organized crime in film piracy. In the United States and across the globe, seizures, criminal indictments, civil actions, and public awareness are up considerably. Whether or not these advances can be maintained in the face of technological advances, the evolution of industry economic structures, and consumer indifference to the stigma of intellectual property theft and concern at industry response to such theft remains to be seen. Specific recommendations for future research are offered. The author would like to thank the International Center of the National Institute of Justice for soliciting funding this research through a grant, Intellectual Property and Organized Crime. He also Thanks Jay S. Albanese and his the anonymous reviewers of this work for their helpful comments and criticisms. This article only reflects the findings of the author, not the National Institute of Justice, Dr. Albanese or the reviewers.     

Innovative Family Mediation Research Initiative Embedded in the Community In Ireland

The Family Mediation Project is a not‐for‐profit means‐tested research initiative at Waterford Institute of Technology, based on an innovative family mediation model developed by Dr Roisin O’ Shea, following her Irish Research Council funded doctoral research. The project, led by W.I.T.’s Dr Sinéad Conneely (coordinator) and Dr Roisin O’ Shea (principal investigator), is test‐running the next iteration in family mediation, embedded in the community, comprising of the most effective elements sourced globally, with a particular focus on innovations in Canada, and is gathering empirical data to evidence outcomes. The final “real world” phase of the project commenced in May 2018, an exciting collaboration between voluntary, statutory agencies and a research institution to further test the effectiveness of this innovative approach on a larger scale at community level in the south Dublin area. This paper will discuss the project innovations and efficacy of the projects objectives, to provide effective mediation as quickly as possible for families and their children, within their community, by experienced family mediators, with hook‐ups and sign‐posting to trusted existing resources, such as the support services offered by the Family Resource Centres, and on‐line and face‐to‐face resources, with the court‐room as an end of pipe‐line solution or emergency forum only.     

FACTORS AFFECTING THE OUTCOME OF DIVORCE AND PATERNITY MEDIATIONS

Divorce mediation, an alternative to litigation when resolving disputes raised by the dissolution of a marriage or the separation of unmarried parents, has gained popularity over the past few decades. Yet, research is needed to better understand what processes make family mediation successful and for whom family mediation is successful. To study predictors of reaching agreement in family mediation, we gathered data from divorce and paternity cases at the Indiana University Maurer School of Law Viola J. Taliaferro Family and Children Mediation Clinic. Numerous factors, including history of intimate partner violence, father's reported concerns about participating in mediation, higher levels of father's income, number of mediation sessions, and attorney representation, were associated with lower rates of agreement. Associations between significant predictors are presented, as well as the combined impact of attorney representation and a history of relationship violence, which together significantly predicted lower agreement rates. The implications of these findings for understanding family mediation processes are considered.     

Domestic Sexual Assault: A New Opportunity for Court Response

Based on research conducted for the State Justice Institute, this article examines the invisibility of domestic sexual assault—also known as intimate partner sexual assault or spousal, wife, or marital rape—from the perspective of community and court responses to domestic violence and sexual assault. The article identifies the consequences of invisibility of domestic sexual assault, including the potential for lethality, and offers suggestions to courts for improving outcomes for victims and perpetrators. Areas explored include data collection and analysis, judicial leadership, and specialization in victim response systems, law enforcement and prosecution, court management, and offender intervention.     

Methods and motives: Exploring links between transnational organized crime and international terrorism

The nexus with transnational organized crime is increasingly a focus for security planners in their analyses of terror groups. Their approach is best described by the phrase “methods, not motives.” While the motives of terrorists and organized criminals remain divergent most often, our research indicates this is not always the case. For that reason, this report argues that such a general approach has become too restrictive and can be misleading since the interaction between terrorism and organized crime is growing deeper and more complex all the time. In short, the lines of separation are no longer unequivocal. The report analyzes the relationship between international organized crime and terrorism in a systematic way in order to highlight the shortcomings of the “methods, not motives” argument. In so doing, the report considers the factors that most closely correspond to crime-terror interaction and identifies those regions of developed and developing states most likely to foster such interactions. Likewise, the paper will suggest an evolutionary spectrum of crime-terror interactions that serves as a common basis for discussion of such often used terms as “nexus.” The centerpiece of the report is a groundbreaking methodology for analysts and investigators to overcome this growing complexity, identify crime-terror interactions more quickly and to assess their importance with confidence. The approach is derived from a standard intelligence analytical framework, and has already proven its utility in law enforcement investigations. The report is the product of a recently concluded and peer-reviewed 18-month NIJ sponsored research project, and includes empirical evidence drawn from numerous case studies developed in the course of the research program. This project was supported by Grant No. 2003-IJ-CX-1019 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the US Department of Justice. Research assistance on this project was provided by Allison Irby, Douglas M. Hart, Patricia A. Craig-Hart, Dr. Phil Williams, Steven Simon, Nabi Abdullaev, and Bartosz Stanislawski. Drafting and editing help was provided by Laura Covill.     

The European Forum for Victim–Offender Mediation and Restorative Justice

The European Forum for Victim–Offender Mediation and Restorative Justice is a non-governmental organisation set up because European victim–offender mediation projects had seldom established contacts beyond national borders. Informal contacts revealed that practitioners, academics and policy makers were looking for a more regular exchange and mutual support in developing victim–offender mediation and other restorative justice practices. This article gives an overview of the background to restorative justice and victim–offender mediation, and pays attention to the development of the Forum, its current aims, objectives and activities, and other (policy) developments at a supranational level.     

Legal aid reform: its impact on family law

This paper seeks to give an overview of the Legal Aid reform leading to the enactment of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”). It provides a context for the reforms heralded by consultation in 2010, and discusses the interplay with the simultaneous Family Justice Review. The paper goes on to look at the structural and constitutional changes brought about by the LASPO Act 2012, the impact on the Courts, and the removal of many cases from the 'scope' of public funding leading to the increase in the numbers of Litigants in Person. The paper discusses the ‘exceptional’ cases, the cases in which children are joined as parties, and mediation. The article looks briefly at the impact on the legal profession brought about by the legal aid reforms together with the reduction in fees under the Family Advocacy Scheme (also introduced in 2011).     

Child witnesses in criminal court

The last decade has witnessed a dramatic rise in public and professional concern regarding the special needs of children as witnesses in the court setting. This study was conducted to examine characteristics of criminal court cases involving children as potential witnesses that were adjudicated through a trial conviction, trial acquittal, or guilty plea, from among cases that went to court in a 12-month period in nine judicial circuits in three states. Three hundred sixteen criminal court cases involving children as potential witnesses were examined. The vast majority, of these cases involved sexual crimes against children. The results indicated that relatively few (16.8%) adjudicated cases were resolved through a trial proceeding. Sentencing varied from state to state and as a function of the disposition of the case. Future research should be conducted prospectively to determine (a) whether cases involving children as witnesses in criminal court are prosecuted at lower rates than cases involving adults and (b) the reasons that cases leave the criminal justice system prior to any court actions.This research was supported by State Justice Institute grant No. 88-11J-D-064. Points of view or opinions expressed in this article do not necessarily represent the official position or policies of the State Justice Institute.     

Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

Practice in search of a theory: The case of intensive supervision— An extension of an old practice or a new approach?

Intensive supervision of probationers and parolees has recently emerged as a potential solution to the chronic problem of overcrowding in our jails and prisons. This emergence has taken place in the absence of any true theory which supports the contention that more supervision will lead to lower recidivism rates. The future of this option is analyzed within this framework. This article represents an updated version of a paper, “Practice In Search of a Theory: The Case of Intensive Probation,” delivered at the Annual Conference, Academy of Criminal Justice Sciences, Chicago, Illinois, March, 1984. While prepared under the auspices of the National Institute of Justice, the views expressed are those of the author and do not necessarily represent the official position or policies of either the National Institute of Justice or the U.S. Department of Justice.     

Including tourists in crime rate calculations for new casino jurisdictions: What difference does it make?

One way to analyze the effect of tourism on crime is to include the average number of visitors in the denominator used to calculate community crime rates. Modified crime rates were computed for 7 new casino jurisdictions and compared with traditional crime rates based on the resident population. A preand postcasino comparison indicates a minority of Part I crimes increased significantly regardless of which crime rate was used. While a majority of Part II crimes rose significantly when using the traditional crime rate, fewer than half the modified crime rates displayed any gains. It appears that a large concentration of casinos with a concomitant increase in tourism leads to an increase in Part II crimes. This project was supported by Grant No. 98-IJ-CX-0037 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position of the U.S. Department of Justice.     

Statewide Assessment of Response to Domestic Violence in Louisiana

The Louisiana statewide assessment of domestic violence attitudes and services was a cooperative effort between the Louisiana Community Policing Institute and the Criminal Justice Program at the University of Louisiana, Monroe. The research project included both surveys and focus groups from Louisiana's eight law enforcement planning districts. Results indicate that the response to domestic violence in Louisiana is generally inadequate. Furthermore, problems exist with respect to the definition of domestic violence among agencies. Finally, four basic barriers to successful intervention were identified, including lack of resources, lack of education and training, victims' lack of confidence in the system, and lack of a coordinated response to the problem. Recommendations are presented for overcoming these obstacles.     

Increasing Evidence-Based Programs in Criminal and Juvenile Justice: A Report from the Front Line

For the past 5 years in the United States, there has been an increased emphasis on evidence-based programs, and, in particular, the promotion of experimental designs as the highest standard of evidence. This interest has been fueled by the Federal government's demand for accountability that links budget allocation with program performance. The National Institute of Justice, the research, development and evaluation agency within the Office of Programs in the U.S. Department of Justice is undertaking a number of efforts to improve the quality of evaluation research and address the need for evidence-based programs. These efforts have focused on making improvements upfront in the grant selection process so that well-designed evaluations will be undertaken and in the management and monitoring of ongoing evaluation research grants so that implementation and design issues can be identified and addressed. Evaluability assessments is a key strategy that NIJ is relying on increasingly to identify programs that have a high likelihood of being successfully evaluated. Whether these efforts will lead to an overall increase in the rigor of NIJ-supported evaluations remains unanswered at this time. The views expressed are those of the authors and not necessarily those of The National Academies or the National Institute of Justice.