THE BENEFITS AND RISKS OF CHILD CUSTODY EVALUATORS MAKING RECOMMENDATIONS TO THE COURT:

In their article, Tippins and Wittmann articulate a strong position against custody evaluators making specific custody recommendations to the court. This response will focus on my thoughts about their concepts and my belief that recommendations can be useful and appropriate some of the time, even though there may be significant problems with certain types of recommendations and problems with some evaluators.     

COURT CASELOADS,PLEA BARGAINS,AND CRIMINAL SANCTIONS: THE EFFECTS OF SECTION 17 P.C. IN CALIFORNIA*

In an effort to relieve its overburdened superior courts, California introduced a statutory amendment which allowed lesser felonies to be dealt with in lower-level courts. Using an interrupted time-series methodology, this study examines the impact of this change in law on caseloads, plea bargaining, conviction rates, and sentencing in the superior courts. After the statutory intervention there was a reduction in superior court caseloads, but the overall rate of plea bargaining remained relatively constant. However, there were substantial changes in types of plea bargains with a decline in fast pleas and a corresponding rise in slow pleas. It was also found that severity of sanctions was related to the changing caseload patterns. Policy and theoretical implications of these and other findings are discussed.     

NEXT STEPS IN THE EVOLUTION OF ANTITRUST LAW: WHAT TO EXPECT FROM THE ROBERTS COURT

Under the leadership of Chief Justice John G. Roberts, Jr.,the Supreme Court has demonstrated a willingness to cast asidethe Court's prior antitrust decisions. The qualified per serule applicable to tying surely will not survive much longer,but what else might be in store is more speculative. This essayidentifies four decisions relating to competitor collaborationin which the Court's prior application of the per se rule doesnot comport with its modern decisions. In two of the cases,the conduct likely would be found lawful today; while in theother two, the conduct most likely still would be condemnedbut only after an abbreviated application of the rule of reason.This essay also identifies three legal doctrines ready for retirement.They are the absolute requirement of market delineation as apredicate for merger analysis, the outmoded approach to marketdelineation of Brown Shoe, and the unhelpful formulation ofthe monopolization offense in Grinnell.     

THE JUVENILE PENALTY: A COMPARISON OF JUVENILE AND YOUNG ADULT SENTENCING OUTCOMES IN CRIMINAL COURT*

This study uses criminal court data from the Pennsylvania Commission on Sentencing (PCS) to investigate the sentencing of juvenile offenders processed in adult criminal court by comparing their sentencing outcomes to those of young adult offenders in similar situations. Because the expanded juvenile exclusion and transfer policies of the 1990s have led to an increase in the number of juveniles convicted in adult courts, we argue that it is critical to better understand the judicial decision making processes involved. We introduce competitive hypotheses on the relative leniency or severity of sentencing outcomes for transferred juveniles and interpret our results with the focal concerns theoretical perspective on sentencing. Our findings indicate that juvenile offenders in adult court are sentenced more severely than their young adult counterparts. Moreover, findings suggest that juvenile status interacts with and conditions the effects of other important sentencing factors including offense type, offense severity and prior criminal record. We discuss these results as they relate to immediate outcomes for transferred juveniles, criminal court processes in general and the broader social implications for juvenile justice policy concerning the transfer of juveniles to criminal court.     

TRANSFERRED JUVENILES IN THE ERA OF SENTENCING GUIDELINES: EXAMINING JUDICIAL DEPARTURES FOR JUVENILE OFFENDERS IN ADULT CRIMINAL COURT*

This study contributes to contemporary research on the punishment of juvenile offenders in adult court by analyzing the use of guidelines departures for transferred juveniles in two states, one with presumptive sentencing guidelines (Pennsylvania) and one with voluntary guidelines (Maryland). Propensity score matching is first used to create more comparable samples of juvenile and young adult offenders, and then Tobit regressions are employed to estimate the effect of juvenile status on the likelihood and length of departures. Our findings indicate that juvenile status significantly affects the use of upward departures in Pennsylvania, and the use of both downward and upward departures in Maryland. Judicial reasons for departure are examined to provide additional insight into the complex dynamics surrounding exceptional sentences for juvenile offenders sentenced in adult court.     

THE POLICE AND CHILD ABUSE: AN ANALYSIS OF POLICE DECISIONS TO REPORT ILLEGAL BEHAVIOR*

This research examines police decisions to report child abuse. A questionnaire was administered to 142 law enforcement officers at both municipal and county police agencies in a southern county. Vignettes were used to determine the response of police to several abuse events that differ in their nature and seriousness. Other items measured include dogmatism, knowledge of the reporting law, and experience reporting child abuse. The results indicate that the primary contributors to police decisions are definition of the behavior as serious, perception that the behavior is criminal, and race of the family. Conclusions and inferences are made regarding how these perceptions are formed and their impact on police discretion.     

NEED TO BE HEARD: INCREASING CHILD PARTICIPATION IN PROTECTION MEDIATION THROUGH THE IMPLEMENTATION OF MODEL STANDARDS*

There are more than three million reports of abuse and neglect each year. Some children may enter the court system while others will voluntarily or by court order enter a mediation program. What these children have in common is these youths are often removed from their home and placed in foster or institutional care without ever expressing their wishes or concerns. This Note advocates for the adoption of model standards drafted to ensure universal and meaningful child participation. The Model Standards are set forth in detail and accompanied by useful tips on their implementation. Through the course of this Note, the benefits of child participation are outlined, as are the reasons most often given for denying children the opportunity to meaningfully participate. The Note concludes with an explanation of how the benefits derived from implementing these standards far outweigh any potential negative side effects.     

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.     

LET'S GO TO THE VIDEOTAPE: WHY THE FORENSIC INTERVIEWS OF CHILDREN IN CHILD PROTECTIVE CASES SHOULD BE VIDEO RECORDED*

Child sexual abuse is often difficult to prove due to a lack of physical evidence. In many instances, the only evidence is a child's statement given during a forensic interview. Forensic interviews are conducted to assess whether the child has been abused, to develop a plan to protect a child's safety pending trial, and to provide further investigative leads. Note taking by the interviewer is currently the primary method for documenting what takes place in a forensic interview. Research shows that this form of documentation is problematic because interviewers tend to omit abuse‐related details in their notes. This Note suggests that federal law should require that forensic interviews of children in child sexual abuse cases be video recorded. State law can provide for a policy of video recording even in the absence of a federal law mandate. Video recording would better preserve the child's statements thereby improving the reliability of the information that is obtained during forensic interviews. The child's demeanor would also be fully captured on video as opposed to getting lost in an interviewer's notes.     

FAMILY COURT–UNIVERSITY PARTNERSHIP TO BENEFIT DIVORCING FAMILIES: THE EXPERIENCE OF MARICOPA COUNTY (ARIZONA) FAMILY COURT DEPARTMENT AND ARIZONA STATE UNIVERSITY'S PREVENTION RESEARCH CENTER*

Using evidence‐based methods to help divorcing families requires the combined best efforts of legal professionals, courts, judges and administrators, mental health oriented service providers, and university researchers. Collaborative program development, implementation, and evaluation involve a complicated process of negotiation between professionals, yet this process is hardly ever described. The current article describes the processes we underwent in forging an alliance of researchers from Arizona State University's Prevention Research Center with professionals from the Maricopa County (Arizona) Family Court, a collaboration that involved a true dialogue and cooperation from the earliest stages and continuing throughout the project. A Community‐Based Participatory Research model was the underlying basis for our partnership; its lynchpin device was a Joint Planning Committee.     

THE TRUE VALUE OF LAMBDA WOULD APPEAR TO BE ZERO: AN ESSAY ON CAREER CRIMINALS,CRIMINAL CAREERS,SELECTIVE INCAPACITATION,COHORT STUDIES,AND RELATED TOPICS*

The idea of selective incapacitation and the distinction between prevalence and incidence (participation and lambda) justify the search for a group of offenders whose criminality does not decline with age and who may be identified solely on the basis of legally relevant variables. This paper questions such research, arguing that the decline in age with crime characterizes even the most active offenders. and that the distinction between incidence and prevalence does not deserve the theoretical, research, or policy attention it has been claimed to merit (Farrington, 1985; Blumstein and Graddy, 1981–1982). In doing so, it relies on research results widely accepted in criminology. Thus, the current focus of criminological research on the “career criminal,” on selective incapacitation, and on longitudinal research remains unjustified.