IN AND OUT OF HARM'S WAY: VIOLENT VICTIMIZATION AND THE SOCIAL CAPITAL OF FICTIVE STREET FAMILIES*

Homeless youth establish a variety of relationships with people they meet on the street. These associations generate different levels of the intangible resources of trust, commitment, and reciprocity that contribute to a person's social capital. We argue that the relationships homeless youth describe as “street families” resemble the fictive kin common among people who have limited resources, and that these relationships are a greater source of social capital than are other associations. Social capital may improve access to many valued outcomes, including protections. Regression analyses of violent victimization support our argument, demonstrating that fictive street families keep youth out of harm's way more than do other street associations.     

STATE CHILD EMOTIONAL ABUSE LAWS: THEIR FAILURE TO PROTECT CHILDREN WITH GENDER IDENTITY DISORDER

Emotional abuse of children with Gender Identity Disorder by parents is very difficult to identify and prevent. State investigators of abuse and neglect often have a hard time determining if the reasons for mental illness and psychological harm in children are due to the actions of their parents, or if they stem from other sources. Once identified, it becomes even harder to prove in court for purposes of ordering services or removing the child from the home if the abuse is severe enough. With children who are gender non‐conforming, this task becomes exponentially more difficult due to the low prevalence rate, discrimination, stereotypes, and a parent's right to bring up their child as they choose. These youth face discrimination and violence in school, work, their communities, and also within their own families. Emotional abuse statutes are too vague to protect youth who are gender non‐conforming. The vague and unclear laws lead to inconsistency in the application of the law and lack of protection of the children because judges and investigators are not aware of how parent's actions harms youth with gender identity disorder. Therefore, states should adopt the model statute within this Note which defines specific actions by parents which would not qualify as abuse when involving gender conforming youth but qualifies as abuse for children with gender identity disorder. Many states already have statutes which define physical abuse, sexual abuse and abandonment by specific actions by parents towards their children. This proposal will enable both the state and the judges to properly identify victims with gender identity disorder of emotional abuse and provide for their protection.     

Practice tips for managing challenges in parenting capacity assessments in child protection court

Courts frequently rely on parenting capacity assessments to make decisions about visitation and case progress in child protection court. Although these evaluations can provide valuable information to courts, they often involve assessing areas of human behavior that are not clearly defined in the literature. For example, mental health professionals are often tasked with identifying risk and protective factors for child maltreatment while identifying factors that can impede progress towards reunification. Although some of these factors may be easy to identify and assess (e.g., symptoms of mental illness or substance abuse), others may be more challenging. For example, factors such as denial and minimization about risk factors and maltreatment, a parent(s)’ ability to protect their child(ren) from future incidents of maltreatment, the parent(s)’ potential for change, and the consideration of what is in the best interest of the child are hard to assess. This article will provide a summary of the research in these areas, provide tips for managing these areas, and highlight directions for future investigation that will help inform parenting capacity assessments in child protection court.     

美国虐童防控对策研究

虐童是全球的普遍现象,美国儿童也深受其害.美国的虐童现状堪忧,原因错综复杂.虐童不仅会造成孩子身体上的伤害,还会对孩子造成心理上的伤害,这种伤害要持续很长时间甚至一生.针对此,美国形成了应对虐童的综合性防控体系,有着严格的法律保障、系统的组织保障和充足的资金保障,形成了主动先发的前瞻性预防模式,把虐童预防的重点放在了整个社会的综合预防.实践证明,美国的这种综合性防控虐童对策具有良好的防控效果.     

THE NEGLECT OF CHILDREN AND CULTURE: RESPONDING TO CHILD MALTREATMENT WITH CULTURAL COMPETENCE AND A REVIEW OF CHILD ABUSE AND CULTURE: WORKING WITH DIVERSE FAMILIES*

This article examines cultural competence in the context of child protective proceedings, underscoring the dangers posed by bias toward particular cultural views, standards, and norms. I look at the racial imbalance within the realm of child maltreatment proceedings and explore the challenge of how children can receive appropriate services, counseling, and representation, given their varying cultural, ethnic, and racial backgrounds. Lastly, I review Child Abuse and Culture: Working with Diverse Families, by Lisa Aronson Fontes.     

Retrospective reports of parental partner abuse: Relationships to depression,trauma symptoms and self-esteem among college students

This study tested whether retrospective reports of childhood exposure to parental partner abuse were associated with internalizing aspects of adult adjustment. Participants were 550 men and women college students. Among women, childhood exposure to partner abuse was related to depression, trauma-related symptoms, and low self-esteem; among men, exposure was associated with trauma-related symptoms. These relationships were statistically independent of reported parental alcohol abuse and divorce. Relationships of parental partner abuse to low self-esteem and depression among women were also independent of variation in retrospective reports of child sexual and physical abuse. However, the relationship of partner abuse to trauma-related symptoms depended, in part, on the co-occurrence of child abuse. The discussion addressed implications of the findings for future research and for clinical practice.     

Forms of Social Support That Moderate PTSD in Childhood Sexual Abuse Survivors

Although social support has been found to attenuate psychological symptoms in victims of sexual abuse, literature does not identify the specific forms of social support that mitigate maladjustment following a sexual abuse experience. This study sought to distinguish the specific types of perceived social support that buffer the development of post-traumatic stress disorder (PTSD) in victims of childhood sexual abuse (CSA). One hundred and seventy-two adult females reporting CSA were administered the Interpersonal Support Evaluation List (ISEL) and the Impact of Events Scale (IES). The ISEL measures the perceived availability of 4 support types. The IES measures core PTSD symptoms of intrusion and avoidance. Regression analysis indicated that social support significantly buffered PTSD development. The best model was one which contained self-esteem and appraisal support. Tangible and belonging support added little to prediction. Further, self-esteem support was identified as the most important variable in preventing PTSD development.     

Failings of Trauma‐Specific and Related Psychological Tests in Detecting Post‐Traumatic Stress Disorder in Forensic Settings

Judges and juries tend to be particularly impressed by test data, especially quantitative test data. Psychometric tests specific for assessing the presence of post‐traumatic stress disorder (PTSD) are commonly employed by forensic mental health evaluators. Most of these instruments, however, have been designed to detect PTSD in treatment or research, and not forensic, settings. Those who rely on these measures without adequate awareness of their often significant limits in correctly identifying malingering may induce finders of fact to inordinately confidently accept the presence of PTSD. This article reviews problematic structural and content components of trauma‐specific and related instruments used to evaluate PTSD and discusses the utility of specific techniques liable to be used in forensic settings to “fool” these measures.     

AN EXPLORATORY STUDY OF THE VIOLENT VICTIMIZATION OF WOMEN: RACE/ETHNICITY AND SITUATIONAL CONTEXT*

Although much has been learned in recent years about the victimization experiences of women, there remains a considerable knowledge gap with respect to the victimization of women of different racial and ethnic backgrounds. In order to confront this issue, we use the large number of cases available in the National Crime Victimization Survey (1992–2000) to examine the risk and protective factors associated with violent victimization among non‐Hispanic white, non‐Hispanic black, Hispanic, Asian/Pacific Islander, and Native American women. We then describe in more detail the violent incidents against these women, looking for distinguishing patterns across groups. Our results are useful for fine‐tuning theories of victimization to explain variance in violence for females across racial and ethnic subgroups.     

Polygamy In Family Court: A Resource For Judges Dealing With An Unfamiliar Family Structure

Cases concerning polygamous households can present difficult challenges for family courts. Though a growing number of Americans practice polygamy, the lifestyle still remains shrouded in mystery. Many polygamists are religious (and sometimes racial) minorities that have suffered from discrimination. The most influential judicial precedents concerning polygamy come from the nineteenth century and are tinged with religious and racial stereotypes, which can make judges uncomfortable with citing those decisions. There is a need for reliable, unprejudiced, and up‐to‐date information about polygamy that judges can cite while maintaining an image of objectivity and impartiality. This Article seeks to provide that resource. It provides information about the evolutionary influences that shape polygamy, how polygamy is practiced in the modern world, and common problems affecting polygamous households that judges should be aware of.     

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.     

NEUROPSYCHOLOGICAL MEASURES OF EXECUTIVE FUNCTION AND ANTISOCIAL BEHAVIOR: A META‐ANALYSIS*

A meta‐analysis was performed to quantify the association between antisocial behavior (ASB) and performance on neuropsychological executive functioning (EF) measures. This meta‐analysis built on Morgan and Lilienfeld's (2000) meta‐analysis of the same topic by including recently published studies and by examining a wider range of EF measures. A total of 126 studies involving 14,786 participants were included in the analyses. Antisocial groups performed significantly worse on measures of EF compared with controls, with a grand mean effect size of d= .44. Significant variation occurred in the magnitude of effect sizes calculated across studies. The largest effect sizes were found for criminality (d= .61) and externalizing behavior disorder (d= .54) ASB groups, whereas the smallest effect sizes were found for antisocial personality disorder (d= .19) groups. Larger differences in EF performance were observed across studies involving participants from correctional settings and with comorbid attention deficit and hyperactivity problems. Overall, the results indicated that a robust association exists between ASB and poor EF that held across studies with varied methodological approaches. The methodological issues in the research literature and the implications of the meta‐analysis results are discussed, and the directions for future research are proposed.     

PSYCHOLOGICAL,NEUROPSYCHOLOGICAL AND PHYSIOLOGICAL CORRELATES OF SERIOUS ANTISOCIAL BEHAVIOR IN ADOLESCENCE: THE ROLE OF SELF‐CONTROL*

Gottfredson and Hirschi claim that self‐control is the only enduring personal characteristic implicated in criminal activity. Other scholars, such as Moffitt and Rowe, claim that although self‐control is important, so are neuropsychological and physiological factors. This study attempts to adjudicate between these two positions by examining the ways in which neuropsychological factors, especially those relevant to executive function, biological factors, especially those relevant to autonomic reactivity, and self‐control interrelate to distinguish between offenders and nonoffenders. Data were obtained from adolescents attending public high schools in northern California and adolescents incarcerated in the California Youth Authority. Serious juvenile offenders evince lower resting heart rate, show poorer performance on tasks that activate cognitive functions mediated by the prefrontal cortex, especially those measuring spatial working memory, and score lower on measures of self‐control. Regression analyses indicated that although variations in self‐control distinguish between the two groups, so too do neuropsychological and biological factors, a result that both supports and refutes Gottfredson and Hirschi's contention. In contrast, variation in minor delinquency among high school students is unrelated to frontal lobe functioning and heart rate, but related to variations in self‐control.     

OFFENDER–VICTIM INTERACTION AND CRIME EVENT OUTCOMES: MODUS OPERANDI AND VICTIM EFFECTS ON THE RISK OF INTRUSIVE SEXUAL OFFENSES AGAINST CHILDREN*

Criminological research has shown the relevance of examining offender–victim interaction and related factors to understand crime event outcomes. In sexual offenses against children, an obvious lack of knowledge exists regarding this issue. From a criminological perspective, we seek to improve our understanding of the offender–victim interaction in sexual offenses against children and, in particular, what factors might increase the risk of a more intrusive offense. We argue that modus operandi strategies play a central role in crime event outcomes and examine this hypothesis with data obtained from a semistructured interview conducted with offenders. As expected, modus operandi was found to have a strong effect on crime event outcomes, especially victim participation during sexual episodes. Victim effects also emerged from the analyses. Specifically, a strong interaction effect between age and gender of the victim was found for victim participation, which suggests that as the victim gets older, offenders are more likely to make their victim participate in sexual episodes when abusing a male victim but are less likely to do so when abusing a female victim.     

Knowledge of child abuse and neglect in nursing students: Assessment and perspectives

Misdiagnosis of child abuse and neglect can delay early treatment. Some authors have pointed out that nurses can miss child abuse and neglect diagnoses due to a lack of knowledge. It is unclear whether the lack of knowledge is due to students' insufficient preparation in nursing school and/or a deficiency in continuing education. An 18-item questionnaire was administered to final-year nursing students to assess their degree of knowledge on child abuse and neglect and to evaluate if the lack of knowledge was due to insufficient teaching/training during nursing school. The students were also asked to evaluate themselves by assigning a score to their knowledge. A statistical comparison was performed to define whether sufficient/insufficient results were associated with the following variables: sex, pediatric or general nursing student, attending pediatric lectures, training in pediatric wards/ambulatories, and attending specific lectures on child abuse and neglect. The study population comprised 175 students (154 females, 20 males, 1 unknown). Exactly 66.3% of the participants had ≤9/18 correct answers. Of all students, 77.7% self-evaluated their level of knowledge as ≤5/10. The comparisons yielded statistically significant differences between the groups with sufficient objective knowledge and those unrelated to training in pediatric wards/ambulatories or pediatric nursing students. Overall, there was little objective knowledge on the subject, which may be related to insufficient teaching/training in nursing schools. Useful corrective strategies include further teaching on child abuse and neglect, preferably using a practical approach. Further, common teaching/training programs should be conducted by both pediatric and general nursing schools.     

STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

WHY A LAWYER?—THE IMPORTANCE OF CLIENT‐DIRECTED LEGAL REPRESENTATION FOR YOUTH

This article begins with a discussion about the importance of ensuring that all children have lawyers in abuse and neglect cases. Lawyers provide a vital role in giving youth a voice in proceedings that sound profoundly affect their lives. The article then discusses why the client‐directed lawyer's role is consistent with federal law and legal ethics. Finally, the article discusses the growing support for client‐directed representation and what the American Bar Association has done to support this type of child representation.     

THE EVOLUTION—OR END—OF MARRIAGE?: REFLECTIONS ON THE IMPASSE OVER SAME‐SEX MARRIAGE

The debate over legalizing same‐sex marriage implicates the question of whether doing so would signal the end—or destruction—of the institution of marriage. The appeal to preserving a millennia‐old tradition of marriage against change fails to reckon with the evolution that has already occurred. Invocations of gender complementarity between parents as essential to child well‐being also conflict with growing recognition in family law that children's best interests can be served by gay and lesbian parents. Canada's path toward same‐sex marriage suggests that impasse need not be inevitable. In the United States, this impasse stems in part from the problem that same‐sex marriage serves as an emblem of everything that threatens marriage.     

INTERROGATING RACE,CRIME, AND JUSTICE IN A TIME OF UNEASE AND RACIAL TENSION

This address has a twofold purpose. First, as the first African American to serve as president of the American Society of Criminology (ASC), I celebrate the contributions of scholars of color to the study of crime and criminal justice and to the ASC. I do so by pointing out the accomplishments of several African American scholars whose contributions are numerous and exemplary. I also emphasize that African Americans are joined in their efforts by scholars of multiple other colors, including, Latinos/as, Native Americans, and Asians. Second, in view of responses to apparent unrest and racial tension in U.S. society that is signaled by lethal violence between police and U.S. residents of color, I offer four recommendations regarding how we might proceed with our research, and report our findings, in ways that improve the likelihood of helping to inform societal debates and policy developments around crime and justice issues. In my conclusion, I encourage the ASC to 1) continue to grow the diversity of its membership and to integrate the research and findings of scholars of color into the mainstream of criminology; and 2) take further steps to conduct research and share findings with diverse audiences to ensure that post‐truth does not become normative regarding crime and justice issues.     

CONSULTANT CONDUCT IN ANTICIPATION OF A CHILD CUSTODY EVALUATION: ETHICAL AND SOCIAL DILEMMAS AND THE NEED FOR NEUTRAL PARENT EDUCATION

Mental health professionals are being retained with increasing frequency as “custody consultants” to prepare a parent for a child custody evaluation. While this practice may serve a legitimate function, no ethical guidelines clearly govern the conduct of a consultant in such circumstances. This lack of guidance has led to professional disagreement regarding the ethical implications of the practice. This ethical ambiguity is accompanied by social concern regarding the high cost of custody consulting, which has the practical effect of denying consulting services to low‐income or self‐represented litigants. This Note will describe the growing practice of custody consulting and the ethical and social unease currently associated with the practice. This Note will then propose that mandatory parent education programs be developed for parents preparing to undergo a custody evaluation. This type of educational program would provide many of the benefits of custody consulting in an ethically neutral fashion and would ensure that all parents have access to the benefits of this growing practice.