Effortful control,negative emotionality,and juvenile recidivism: an empirical test of DeLisi and Vaughn’s temperament-based theory of antisocial behavior

Recently, DeLisi and Vaughn articulated a temperament-based theory of antisocial behavior which they expressed as the first within criminology to use temperament explicitly, and as the exclusive explanatory construct of both antisocial behavior and negative interactions with the criminal justice system. We provide an initial empirical test of the theory’s two main constructs of effortful control (EC) and negative emotionality (NE) with respect to juvenile offending using a sample of 27,712 adjudicated youth. Cox regressions reveal youth with lower levels of EC and those with higher NE re-offend faster, controlling for demographics plus many prominent risk factors. Furthermore, the approximately 5% of youth at the extreme ends of both low EC and high NE evidence higher recidivism rates and faster time to failure. The findings show strong initial support for temperament theory, and we discuss relevancy for future research, prevention and intervention.     

Lamenting the list: a partial test of Sherman’s defiance theory as applied to female sex offenders

Through the community notification and sex offender registry laws that have been passed, the USA has created a strict legal environment that requires sex offenders to remain in compliance with the registry requirements placed on them by the state once they are released back into their communities. A variety of unintended consequences, such as unemployment and housing issues, have resulted from these laws and have the potential to impact the reentry efforts of released sex offenders. Using Sherman’s defiance theory as a theoretical lens, the current study examines the experiences of registered female sex offenders living in Florida. One hundred and six registered female sex offenders were surveyed to examine their experiences while on the registry, and whether those events influence feelings of defiance toward the registry and criminal justice systems. Results suggest that these offenders indeed experience unintended consequences due to their registration status, which in turn shows support for the four canonical elements of Sherman’s theory by inferring that these women feel unjustly punished and stigmatized. Research findings, policy implications, and limitations are discussed.     

Revisiting the role of distributive justice in Tyler’s legitimacy theory

Objectives

Tyler’s theory of legitimacy identified procedural justice and distributive justice as antecedents of legitimacy, but placed distributive justice in a relatively minor position compared with procedural justice. This has led to researchers paying less attention to distributive justice in the development of theory, despite consistent findings that distributive justice is important to a number of outcomes for criminal justice authorities. This report uses uncertainty management theory to revisit Tyler’s legitimacy model and gain a more nuanced understanding of distributive justice.

Methods

The proposed model is tested using a series of latent variable analyses conducted on a sample of 2169 adults and a factorial vignette design. The vignette design randomly manipulates outcome favorability and officer behavior during a hypothetical traffic stop. Multiple indicator multiple cause (MIMIC) models are then utilized to test the impact of these manipulations on perceptions of procedural justice and distributive justice. This is followed by a structural equation model that tests the relationships between procedural justice, distributive justice, and legitimacy.

Results

Officer behavior is a primary predictor of both procedural justice and distributive justice. Furthermore, the results demonstrate that distributive justice judgments are shaped by perceptions of procedural justice. Accordingly, distributive justice mediates the relationship between procedural justice and legitimacy.

Conclusions

Distributive justice should not be treated as a competing explanation for legitimacy evaluations, but as a concept that contextualizes why procedural justice is important.

     

Revisiting broken windows theory: A test of the mediation impact of social mechanisms on the disorder–fear relationship

PurposeBroken windows theory predicts that disorder signals a lack of neighborhood control, sparks fear of crime, and sets off a chain reaction ultimately resulting in crime. Support has been found for the disorder–fear link, but the present study argues that this link is actually intended to be indirect—perceived loss of control is what should cause fear.MethodsHierarchical linear models and structural equation models test four hypotheses regarding whether social cohesion and expectations for social control mediate the disorder–fear relationship.ResultsResults support partial mediation.ConclusionResults suggest confirmation of a portion of broken windows theory, in that disorder may inspire fear partially as a result of its detrimental impact on neighborhood cohesion and shared expectations for social control.     

Defining the limits: the clash between a doctor’s duty to preserve life and enforcement of a patient’s religious belief

This article examines the question whether, under Nigerian law, a doctor has a duty to save the life of a patient whose refusal of medical treatment will inevitably lead to death. An affirmative answer is suggested after an examination of relevant Nigerian laws on the subject matter. Mindful of developments in this area of law in some other jurisdictions, this article concludes that there is scope for the amendment of relevant Nigerian laws to institutionalise a patient’s unqualified prerogative to give informed consent. It however cautions that, in the light of complex social challenges, Nigeria does not appear ready for such a change.     

A general test of self-control theory: has its importance been exaggerated?

Self-control theory has been tested for 2 decades. However, mixed results and measurement problems have made it difficult to ascertain its true utility. This study addresses recent concerns and includes variables such as risk, consequences, criminal opportunity, an interaction term, and bond controls in one complete test. It also addresses self-control's ability to explain different forms of crime and whether the support that it has garnered has been exaggerated. Results of both cross-sectional and semilongitudinal tests indicate that self-control significantly predicts a higher probability of involvement in property and drug crime but is virtually silent in its ability to explain violence. Furthermore, it can be tentatively stated that support for the theory wanes over time. Finally, neglected concepts such as opportunity, risk, consequences, and bond controls may be important to the theory's ability to explain crime, and further negligence of these concepts may hamper a true understanding of its impact.     

Causing the Conditions of One’s Defense: A Theoretical Non-problem

My contribution to this symposium is short and negative: There are no theoretical problems that attach to one’s causing the conditions that permit him to claim a defense to some otherwise criminal act. If one assesses the culpability of an actor at each of the various times he acts in a course of conduct, then it is obvious that he can be nonculpable at T₂ but culpable at T₁, and that a nonculpable act at T₂ has no bearing on whether an actor was culpable at T₁ when he caused the circumstances that are exculpatory with respect to his act (or conduct) at T₂. Moreover, as I interpret the Model Penal Code, it gets matters close to right on this point.     

Tracing the impact of peers on households’ economic behavior

Economic Change and Restructuring - This paper investigates the impact of peer effects and characteristics on households’ multifaceted economic behavior. Using data from a Dutch...     

Agamben’s Grammar of the Secret Under the Sign of the Law

This paper suggests that a grammar of the secret forms a concept in Agamben’s work, a gap that grounds the enigma of sovereignty. Between the Indo-European *krei, *se, and *per themes, the secret is etymologically linked to the logics of separation and potentiality that together enable the pliant and emergent structure of sovereignty. Sovereignty’s logic of separation meets the logic of relation in the form of abandonment: the point at which division has exhausted itself and reaches an indivisible element, bare life, the exception separated from the form of life and captured in a separate sphere. The arcanum imperii of sovereignty and the cipher of bare life are held together in the relation of the ban as the twin secrets of biopower, maintained by the potentiality of law that works itself as a concealed, inscrutable force. But the ‘real’ secret of sovereignty, I suggest, is its dialectical reversibility, the point at which the concept of the secret is met by its own immanent unworking by the critic and scribe under the *krei theme, and subject to abandonment through the work of profanation; here, different species of the secret are thrown against one another, one order undoing the other. The secret founded upon the sacred is displaced by Agamben’s critical orientation toward the immanent: what is immanent is both potential and hiddenness.     

Police officers’ perceptions of organizational justice and their trust in the public

Research in organizational psychology has consistently demonstrated that employee perceptions of organizational justice have significant effects on employee attitudes, perceptions, and behaviors. Similar studies utilizing the organizational justice model in policing have also noted these effects, including the relationship of justice perceptions with officer attitudes toward the public. Recent theoretical developments in policing contend that the association between internal perceptions of justice and external attitudes may be the result of organizational and supervisory practices that ‘trickle-down’ into the police-community relationship. This paper explores this association by assessing the effects of officer perceptions of organizational justice on officer trust in the public. A sample of patrol division police officers were surveyed using measures taken from the organizational justice literature and Mayer, Davis, and Schoorman’s model of organizational trust. Results show a strong relationship between perceptions of organizational justice and trust in the public even when other relevant predictors are controlled.     

A Partial Test of Moffitt’s Developmental Taxonomy: Examining the Role of Genetic Risk

A developing line of research indicates that behavioral patterns associated with the typologies identified in Moffitt’s developmental taxonomy may be influenced by genetic factors. Based on these findings, the current study examines whether Moffitt’s etiological explanations of life-course persistent offenders, adolescence-limited offenders, and abstainers have merit after controlling for genetic influences. To do so, a sample of twins drawn from the National Longitudinal Study of Adolescent Health were examined. The results revealed that genetic influences significantly predicted entry into each of the typologies identified by Moffitt even after controlling for theoretically relevant factors. Implications of the findings and suggestions for future research are discussed.     

Foucault’s Critique: A Topology of Thought

In order to elucidate some of the ways in which critique and subjectivity become inextricably linked in Foucault’s oeuvre, the paper proceeds first by briefly discussing the concept of critique as limit-attitude as it appears in some of Foucault’s methodological writings. Subsequently, the main tenets of Judith Butler’s commentary on the essay ‘What is Critique?’ will be summarized, concentrating on the image of the virtuous, self-making subject that the author’s interpretation brings out of Foucault’s original text. The second part of the paper aims to develop an alternative reading of Foucault’s notion of critique by looking at the ways in which the notion of space operates as an underlying perspective in his archaeological analysis. Ultimately, it will be shown how the spatial implications of Foucault’s early works and a more passive form of subjectivity as unfolding from his discussion of the ‘author function’ and his own methodological reflections coalesce into a form of practical critique, which, as wished by the author, may take ‘the form of a possible transgression’ (Foucault 1984a, p. 45).     

A Hunter’s Moon: the Effect of Moon Illumination on Outdoor Crime

We use National Incident-Based Reporting System (NIBRS) data and an AutoRegressive Integrative Moving Average (ARIMA) study design to investigate the effect of moon illumination on reported crime occurring outdoors between the hours of 10 pm to 2 am in 13 U.S. states and the District of Columbia. Prior research analyzed a confounded dependent variable that amalgamated indoor and outdoor crimes. This situation is problematic in that there is little reason to speculate a relationship between moon illumination and indoor crime because artificial illumination is used within dwellings. Findings show that while moon illumination has little influence on total crime and indoor crime, the intensity of moonlight does have a substantive positive effect on outdoor criminal activity. As moon illumination intensifies, outdoor crime increases markedly. Plausible explanations for this relationship are discussed.     

From the Officer’s Perspective: A Multilevel Examination of Citizens’ Demeanor during Traffic Stops

Over the past 60 years, a substantial body of research has considered the influence of citizens’ demeanor on police behavior; and more recently, the correlates of citizens’ demeanor. This study advances our understanding of the demeanor construct by measuring officers’ perceptions of citizens’ disrespect, non‐compliance, and resistance during traffic stops. Using multilevel statistical models, we examine the correlates of citizens’ demeanor and assess the racial differences in these perceptions. The findings demonstrate that officers’ perceptions of citizens’ demeanor vary across racial/ethnic groups, after controlling for other relevant factors. Although White officers were significantly more likely than Black officers to classify drivers as disrespectful, Black and White officers were equally likely to report drivers as displaying behaviors that were non‐compliant and/or verbally resistant. Black drivers were significantly more likely to be reported as disrespectful, non‐compliant, and/or resistant, regardless of the officers’ race. The implications for future research and policy are discussed.     

Probing the Depths of the Responsible Corporate Officer’s Duty

Many criminal law scholars have criticized the responsible corporate officer doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the responsible corporate officer doctrine is just duty supplying, and does not allow for strict liability when the underlying statute requires mens rea. After analyzing Dotterweich, Park, and their progeny, I probe the depths of this duty-supplying doctrine, including to whom the duty is owed, whether the duty is grounded in statute, cause of peril, or contract, and what the content of the duty is. Although the responsible corporate officer doctrine unveils questions we may have about duty generally, it is no more problematic than other duty-supplying doctrines in the criminal law.     

Levinas’s Contribution to the Law of Hospitality

Liverpool Law Review - This article examines the ethical thinking of Levinas, from which Derrida’s Law of Hospitality is derived, to see if it is sustainable in the face of Badiou’s...